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Ordinance 931 ORDINANCE NO. 931 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. 2 ANNEXATION 71-4 TO THE CITY OF GILROylf 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. 931 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, 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. 931 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 Government 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 fo11ows~ Portion of Lot 2, as shown upon that certain map entitled, "Map of the Subdivision of the property of Thomas Rea in Las Animas Ranch Lots No. 53 and 54, being all of Las Animas Ranch Lot No. 53, with the exception of the so- called Miguel Place sold by Thomas Rea to Henry Miller by Deed of April 11, 1887 recorded in Book 89 of Deeds, Page 303, Santa Clara County Records and 12 acres of Las Animas Ranch Lot No. 54 sold by Henry Miller to Thomas Rea by Deed of April 11, 1887, and recorded in Book 88 of Deeds, Page 568, Santa Clara County Records", which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 1, 1894 in Book F of maps, at Page 24, and more particularly described as follows: BEGINNING at the point of intersection of the dividing line between Lots 1 and 2, as said lots are shown upon the map above referred to, with the northeasterly line of Monterey Highway, as said line was established by Parcel in that certain final order of condemnation entered on June 19, 1951 in the Superior Court of the State of California, in and for the County of Santa Clara, in that certain action en- titled, "The People of the State of California, Acting by and Through the Department of Public Works, Plaintiff, vs. Pasquale La Macchia, et a1, Defendants", Case No. 74617, a certified copy of which order was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 19, 1951 in Book 2235 Official Records, Page 326; Thence from said point of beginning along said dividing line N. 720 00' E., 2080 feet more or less to the point of intersection with the southwesterly line of lands and right of way of the Southern Pacific Railroad Company; Thence southeasterly along said south- westerly line of lands and right of way of the Southern ORDINANCE NO. 931 -3- Pacific Railroad Company, S. 430 30' E., 1317.19 feet more or less to the point of intersection with the dividing line between Lots 2 and 3 as said lots are shown upon the abo~ referred map; Thence along said dividing lines between Lots 2 and 3, S. 610 53' W., 1727.68 feet more or less to the point of intersection with the monument line of Hollister Road (also known as Bo1sa Road); Thence along said monument line of Hollister Road for the following courses and distances: N. 820 29' W., 141.90 feet; S. 720 13' W. 169.62 feet S. 790 50' W., 469.26 feet and N. 500 43' W. 102.34 feet Thence leaving said monument line N. 56" 43' 12" E., 15.72 feet to the southerly end of 200 foot radius curve connecting the northwesterly line of Monterey Highway with the northeasterly line of Hollister Road; Thence N. 750 32' 22" W., 372.54 feet and N. 870 43' 36" W., 158.81 feet to the southwesterly line of said Monterey Highway; Thence a1on9 said southwesterly line of Montere~ Highway N. 180 00 W., 1811.06 feet and N. 190 08' 45' W., 235.01 feet to the southerly line of South Monterey No. 1 Annexation 71-3 to the City of Gilroy, annexed by Ordinance 926; Thence along said southerly line of said South Monterey No. 1 Annexation N. 720 39' 48" E. 324.52 feet to the said northeasterly line of Monterey Highway; Thence along said northeasterly line of Monterey Highway S. 180 00' E., 1024.80 feet to the point of beginning and containing therein 90.39 Acres more or less ."i 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 "SOUTH MONTEREY NO. 2 ANNEXATION 71-4 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 ORDINANCE NO. 931 -4- of this ordinance in the office of the Secretary of State. PASSED AND ADOPTED this 16th day of August , 1971, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, and GOODRICH NOES: ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: STOUT APPROVED: ?h-,~~~~ Mayor ATTEST: i') j "~I /1 ..~ . 1 , _,~.../?_ i..'("!':"" I ii"'",C I _ 1'1""-- (~J Li, J,:,h t! City Clerk ! ') 1/' ORDINANCE NO. 931 -5- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do he'eby certify that the attached Ordinance No. 931 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci I held on the 16th day of August , 19~, 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 18th day of August , 19 Z2-. ",/ j/ .())2. MIl",! ~. r;;:f(;;;~1 City Clerk of the City of Gilroy (