Ordinance 948
ORDINANCE NO. 948
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF
THE BOUNDARIES OF THE CITY OF GILROY BY THE
ANNEXATION THERETO OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS "MOREY AVENUE NO. 1
ANNEXATION 71-7 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 hereinafter more particularly described; and
WHEREAS, it appears that the said petition has been signed
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 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 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
ORDINANCE NO. 948
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 signed the petition hereinbefore 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 Ordinance to be true and correct.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS~
ORDINANCE NOo 948
-2-
Section I~ Under the authority of the said '~exatian ocUnfuhablied
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~
BEING a portion of Lot 34 as shown on map of Henry Miller's
Subdivision of Las Animas Ranch Lot 23 as recorded in Book "H"
of Maps at page 5, Records of Santa Clara County and more
particularly described as follows~
BEGINNING at the northeasterly corner of Lot 34, said
corner being common to Lots 30, 31, 34 & 35, and runn-
ing thence along the common line of Lots 30 and 34
S. 0.47'W. 253.20 feet to the most northwesterly
corner of Lot 24 as shown on Map of Tract No. 4351,
Northwood Subdivision, as recorded in Book 228 of
Maps at pages 13 & 14, Records of Santa Clara County;
thence N. 89006'40"W. 1146.10 feet parallel to and
10 feet north of the northerly line of said Tract 4351
to a point in the westerly line of Morey Avenue ~40 feet
wide) shown as Ansar Lane on Map of Henry Miller s
Subdivision of Ranch Lot 23; thence along said westerly
line N.43 50' E. 253.80 feet to a point at the intersection
of the westerly line with the westerly prolongation of the
common line between Lots 34 and 35 as shown on said map
of Henry Miller's Subdivision of Ranchlot 23; thence along
the common line to lots 34 and 35 S. 89.06'40"E.
1128.18 feet to the point of beginning,
and
CONTAINING THEREIN 6.61 acres .~t~
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,
"MOREY AVENUE NO.1 ANNEXATION 71-7 TO THE, CITY OF GILROY".
Section IV~ This ordinance shall take affect and be in
-3-
ORDINANCE NO. 948
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 7th day of February
, 1972, by the
following vote:
AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA,
STOUT and GOODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
}~~~,~J.~?t;
. Mayor
ATTEST:
\Yz,t.O(//NlJ./ ?
i'" -. ..----------
;y;-Z~~n'm~
C1ty
-4-
ORDINANCE NO. 948
.' ...
,<,
It SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 948
is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 7th day of
February , 191!-, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officiJI seal of the City ~l Gilroy, this
;;J. l:)fJ/J}1u.,/ t. dt::Ju,t
~ity Clerk of the City of Gilroy
9th
da y of
February
. ) 9 -1.J,..
(S ea 1)