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
(