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Ordinance 926 ORDINANCE NO. 926 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "SOUTH MONTEREY NO. 1 ANNEXATION 71-3 TO THE CITY OF GILROY" 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 herein- after more particularly described; and WHEREAS, it appears that the said petition has been signed and consented to by the owners of all of the land in the territory proposed to be annexed and that the said territory is contiguous to the present city limits of 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 a 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 the Government Code, and has held the said hearing, in accordance therewith, ORDINANCE NO. 926 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 Detition 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, pursuant to Section 35015 of the Government Code the territory proposed to be annexed may be annexed without notice and hearing and without an election; and WHEREAS, the said Council of the City of Gilroy 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 all of the territory proposed to be annexed consented in writing to said annexation prior to the adoption of this Ordinance, 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 -2- ORDINANCE NO. 926 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 Ordinance 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 "Annexation of Uninhabited Territory Act of 1939", and Section 35015 of the Govern- ment Code of the State of California, 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: All that certain land situated in the County of Santa Clara, State of California, described as follows: BEGINNING at an angle point on the existing boundary line of the City of Gilroy as described in the Third Southern Addition to the City of Gilroy said point being the northeasterly corner of Lot 6 as shown on the "Map of Henry Reeves Subdivision of Las Animas Ranch Lot No. 49" filed January 9, 1888, in Book C of Maps at Page 47 in the office of the County Recorder of Santa Clara County, California; thence South 72039'48" West along said existing boundary line of the City of Gilroy, 817.40 feet to a angle point in said existing boundary line; thence North 17020'12" West along said existing boundary line, 279.84 feet to an angle point in the westerly line of the right of way for California State Highway Route 101 being the beginning of a curve concave northwesterly having a radius of 20.00 feet radial lines through said point bears North 72039'48" East; thence leaving said existing boundary line of the City of Gilroy and along the westerly line of said right of way for California State Highway 101 the following courses, southerly and southwesterly along said curve through a central angle 89024'50" an arc distance of 31.21 feet to the beginning of a compound curve concave southeasterly having a radius 94.00 feet; thence westerly, southwesterly and southerllt along said curve through a central angle of 102004'38' an arc distance of 167.47 feet; thence tangent to said curve South 30000'00" West, 504.27 feet; thence South 17020'12" East, 889.64 feet to the beginning of a tangent curve concave northwesterly having a radius of 50.00 feet; thence southerly, southwesterly and westerly along said curve through a central angle of 90000'00" an arc distance of 78.54 feet to the northerly line of Farman Lane, 20.00 feet wide; thence South 17020' 12" West, 20.00 feet to the southerly line of said Farman Lane being a point on a curve tangent to said southerly line concave southwesterly having a radius of 50.00 feet; thence easterly and southeasterly along said curve through -3- ORDINANCE NO. 926 a central angle of 77019'46" an arc distance of 67.48 feet to a point on non-tangent curve concave westerly having a radius of 1973.00 feet a radial line through said point bears North 81027'13" East; thence southerly along said curve through a central angle of 3018'40" an arc distance of 114.02 feet; thence tangent to said curve South 50 14'07" West, 327.65 feet to the beginning of a tangent curve concave easterly having a radius of 3096.00 feet; thence southerly along said curve through a central angle of 13014'50" an arc distance of 715.82 feet; thence tangent to said curve South 18028'57" East, 12.19 feet; thence leaving said westerly line of the right of way for the California State Highway Route 101, North 72039'48" East, 324.52 feet to the easterly line of said right of way for California State Highway 101; thence along said easterly line the following courses, North 17020'12 West, 50.76 feet to the point on a non-tangent curve concave southeasterly having a radius 1200.00 feet a radial line through said point bears South 81053'44" West; thence northeasterly along said curve through a central angle of 35050'19" an arc distance of 750.60 feet; thence North 27044'03" East, 147.61 feet to the beginning of a tangent curve concave northwesterly having a radius of 800.00 feet; thence northeasterly and northerly along said curve through a central angle of 44037'26" an arc distance of 623.07 feet; thence North 16053'23" West, 352.21 feet to the beginning of a tangent curve concave easterly having a radius of 1000.00 feet; thence northerly along said curve through a central angle of 23006'02" an arc distance of 403.18 feet to the northeasterly line of said Lot 6 being a poirtt on a curve in said northeasterly line concave northeasterly having a radius of 17,238.75 feet a radial line to said point bears South 55054'15" West; thence northwesterly along said curve through a central angle of 1019'54" an arc distance of 400.66 feet to a Point of Beginning. CONTAINING 41.84 acres. 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. Section III: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as -4- ORDINANCE NO. 926 "SOUTH MONTEREY NO. 1 ANNEXATION 71-3 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 19th day of July, 1971, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: ..,. a lI~~~,~r~ Mayor ATTE$T: . " ./. . <,t'~:/;;J ') . !~"~'\ -5- ORDINANCE NO. 926 .. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hel-eby certify that the attached Ordinance No. 926 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of July , 19 -Ii, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 22nd day of July , 197L. 1< (/ -~)/ )tk il"/, Y' - ,OJ) {(, I< ,i" ~ ,~ City Clerk of the City of G i I roy i "