Ordinance 917
ORDINANCE NO. 917
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS HMANTELLI NO. 2 ANNEXATION 70-14 TO THE CITY OF
GILROylt AND FOR THE INCORPORATION OF SUCH ANNEXED
TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR
THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF
WHEREAS, a written petition has heretofore been filed in
the office of the City Clerk of the City of Gilroy in accordance
with the provisions of the Annexation of Uninhabited Territory
Act of 1939, as set forth within Sections 35300 to 35326,
inclusive, of the Government Code, asking that there be annexed
to the City of Gilroy as uninhabited territory certain land
located in the County of Santa Clara, State of California, therein
and hereinafter more particularly described; and
WHEREAS, it appears that the said petition has been signed
by the owners of more than one-fourth of all of the land in the
territory proposed to be annexed by area and by assessed value
as shown on the last equalized assessment roll of the County of
Santa Clara, and that the said territory is contiguous to the
present city limitsof the said City of Gilroy; and
WHEREAS, notice of intention to annex the said premises has
heretofore been filed with the Local Agency Annexation Commission,
pursuant to Section 54791 of the Government Code, and the
proposal for the annexation of said territory was thereafter
submitted to the Boundary Commission of the County of Santa
Clara, and said Boundary Commission has reported upon the
definiteness and certainty of said boundaries and has approved
the same, and that a copy of a report of said Boundary Commission
has been filed with the said Local Agency Annexation Commission
of Santa Clara County, and said Commission did fix the date, time,
and place for a public hearing upon the proposed annexation, and
did give notice of said hearing, as required by Section 54793 of
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the Government Code, and has held the said hearing, in accordance
therewith, made its determination upon the proposed annexation,
and has approved said annexation as proposed; and
WHEREAS, no petition seeking the annexation of said territory
was circulated or filed nor did any officer or agency of
the City of Gilroy accept any such petition for filing nor the
Council initiate any proceedings to annex the said territory on
its own motion until after it did file a notice of intention
to annex the said territory with the said Local Agency Annexation
Commission and no further action was taken concerning the proposed
annexation until the said Commission rendered its decision, as
provided for in Section 54797 of the Government Code; and
WHEREAS, the said Council of the City of Gilroy did hereto-
fore and on the 16th day of February, 1971, adopt Resolution No. 1546
finding the foregoing as facts and fixing Monday, the 5th day of
April, 1971, at the hour of 8:00 o'clock, p.m., of said day in the
Council Chambers in the City Hall, Gilroy, California, as the
time and place for the hearing of said petition and proposal to
annex said territory, which Resolution complied with the provisions
of Sections 35305 and 35306 of Government Code; and
WHEREAS, notice of the said hearing has been given as
required by Sections 35307 and 35311 of the said Government Code
by publication of a copy of said Resolution in the GILROY
EVENING DISPATCH, a newspaper published in the said City of Gilroy,
on the 24th day of February and the 3rd day of March, 1971, and
in the MORGAN HILL TIMES, a newspaper published in the City of
Morgan Hill, California, on the 23rd day of February and the
2nd day of March, 1971, as required by law, and the previous order
of the Council, and also by giving notice of the time and place
of the hearing to all persons and bodies to whom the law requires
such notices to be given, all in the manner and within the time
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required by law; and
WHEREAS, the said Council of the City of Gilroy has now
held the said hearing which was continued to this date and has
adopted a resolution declaring that no majority protest has been
made to the proposed annexation, and the said Council having
duly considered the matter of said annexation and finding all
the foregoing as facts, and deeming it desirable and for the
best interests of the said City of Gilroy that the said territory
be annexed to the said City of Gilroy; and
WHEREAS, the owners of more than two-thirds of the value
of the territory proposed to be annexed signed the petition herein-
before mentioned for the annexation of said territory to the City
of Gilroy, and said petition contains the written consent of said
signers, pursuant to Section 35319 of the Government Code, to the
Taxation by the City of Gilroy, upon and after the annexation of
said territory to said City, of property within said territory,
to pay any and all bonded and other indebtedness and any and all
liabilities of said City contracted prior to or after the time
of annexing said territory to the City of Gilroy, said property
to be taxed for said purpose equally with other property in said
City which is taxable for said purpose; and
WHEREAS, the said Council has found and does hereby find
that all of the allegations, declarations, and statements
contained in the foregoing portion of this Resolution to be
true and correct.
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited
Territory Act of 1939", as set forth in Sections 35300 to 35326
of the Government Code of the State of California, the same
being Chapter 297, Statutes of 1939, and Amendments thereto,
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there is hereby annexed to the City of Gilroy as uninhabited
territory the property and premises hereinbefore mentioned,
which are more particularly described as follows, to wit:
BEING a portion of the Solis Rancho in Santa Clara County,
California, as patented, and being more particularly
described as follows:
"BEGINNING at a r.oint in the northerly line of Lot 7
as shown on the 'Map of the Subdivision of the Lands
of S. P. Fine in the Solis Rancho, Santa Clara County,
California", which map is filed for Record in Book F-2
of Maps at page 46, Records of Santa Clara County,
distant thereon S. 89050'W. 343.08 feet from the most
northwesterly corner of Tract No. 4849 "Northwood, Unit
No.2", as shown on the Map thereof filed for Record in
Book 271 of Maps at pages 8 and 9, Santa Clara County
Records, said point of beginning being also the south-
westerly corner of Mantelli Annexation 70-9 to the City
of Gilroy, and running thence along the northerly line
of said Lot 7 S. 89050'W. 240.95 feet to the intersection
thereof with the southerly prolongation of the westerly
line of Parcel "A" as shown on Record of Survey Map
filed for Record in Book 203 of Maps at page 43, Santa
Clara County Records; thence along said prolongation
and the westerly line of said Parcel "A" N. 0010'22"W.
772.85 feet to the northwesterly corner of Parcel "A"
(at 23.76 feet the southwesterly corner of Parcel "A");
thence along the northerly line of Parcel "A" being also
the southerly line of the Northwest Annexation 65-1 to
the City of Gilroy N. 840l4'01"E. 305.46 feet to the
northeasterly corner thereof; thence along the easterly
line of Parcel "A" S. 0010'22"E. 778.90 feet to the
southeasterly corner thereof in the northerly line of
Mantelli Drive; thence along the southerly line of Parcel
"A" S.89050'W. 63.05 feet to the northwesterly corner of
Mantelli Annexation 70-9 to the City of Gilroy; thence
along the westerly line of said Annexation S. OOlO'E.
23.76 feet to the point of beginning, and
CONTA INING THERE IN 5. 463 ac re s" .,J
Section II: Said Council does hereby further declare and
order that all property within said designated territory shall
be taxed by the City of Gilroy upon and after its annexation to
said City, to pay any and all bonded and other indebtedness and
any and all liabilities of the City of Gilroy contracted prior
to or existing at the time of annexation of said designated
territory to the City of Gilroy, said property to be taxed for
said purposes equally with other property in said City which is
taxable for such purposes.
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Section III: The said territory hereby annexed to the
City of Gilroy shall be known as, and is hereby designated as,
"MANTELLI NO.2 ANNEXATION 70-14 TO THE CITY OF GILROY".
Section IV: This ordinance shall take affect and be in
full force from and after the date of the filing of a certified
copy of this ordinance in the office of the Secretary of State.
PASSED AND ADOPTED this 20th day of April, 1971, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE,
SILVA, WENTWORTH and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED: ,
Ylft.i141~~ ~f.:t
Mayor
STATE OF CALIFORNIA )
) SSe
County of Santa Clara)
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the foregoing is a full, true and correct copy
of an Ordinance adopted by the Council of the City of Gilroy at
a regular meeting of said Council, held on the 20th day of April,
1971, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have set
23rd day of April, 1971.
my hand and affixed my seal
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C~ty C er
this
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