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Ordinance 950 ORDINANCE NO. 950 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "CASTLEWOOD PARK ANNEXATION 72-1 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 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, ORDINANCE NOo 950 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 desireable 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 ill be taxed for said purpose equally with other property in said City which is taxable for said purpose; and -2- ORDINANCE NO. 950 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 ORDA IN A S 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: BEING a portion of Las Animas Ranchlot 16 as shown on that certain Map entitled "Map No.2, accompanying the final report of the Referees in the Partition Suit of Henry Miller, et aI, vs.. Massey Thomas, et aI, in the Superior Court of the State of California, County of Santa Clara", Case N. 5536, and more particularly described as follows: PARCEL A BEGINNING at a point in the southeasterly line of Castlewood Park, Unit No.5, Tract No. 44l9, as recorded in Book 233 of Maps at page 50, Santa Clara County Records, at the intersection thereof with the southerly line of Third Street as shown on said Map and running thence along the southeasterly line of Castlewood Park, Unit No.5, N. 15040'15" E. 10.34 feet to the intersection thereof with the southerly line of "Third Street Annexation 70-ll" to the City of Gilroy, Resolution No. 914, on February 22, 1970; thence along said southerly line of Third Street Annexation, S. 890 08' 36" E. ll43.75 feet; thence S. 000 51' 24" W.. ll5.00 feet, thence No. 890 08' 36" W. 885.l7 feet; thence N. l50 40' l5" E. l08.6l feet; thence N. 890 08' 36" W. 289.00 feet to the point of beginning, and CONTAINING THEREIN 2.363 acres of land". PARCEL B BEGINNING at a point in the southeasterly line of Castlewood Park, Unit No.5, Tract No. 44l9, as recorded in Book 233 of Maps, at page 50, Santa Clara County Records distant thereon N. 150 40' 15" E. 15.51 feet from the intersection thereof with the centerline of Third Street as shown on said Map and running thence -3- ORDINANCE NO. 950 along said southeasterly subdivision line and the extension thereof, N. l50 40' l5" E. 448.08 feet; thence S. 740 19' 45" E. 165..00 feet; thence S. 890 08' 36" E. 680.00 feet; thence S. 000 5l' 24" W. 105.00 feet; thence S. 890 08' 36" E. 50.15 feet; thence S. 000 51' 24" W. 165..00 feet; thence S. 890 08' 36" E. 130.00 feet; thence S. 000 51' 24" w. 121.00 feet to the northerly line of "Third Street Annexation 70-11" as adopted by the City of Gilroy Resolution No. 914, on February 22, 1970, thence along said northerly line of Third Street Annexation N. 890 08' 36" W. 1134.23 feet to the point of beginning, and CONTAINING THEREIN 8.873 acres of land" .Sf'; 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 rothe 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, "CASTLEWOOD PARK ANNEXATION 72-1 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 6th day of March, 1972, by the following vote: AYES1: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN ATTEST: , '1 ' _ (.t J (,~ H h,-/ I~ ~_~ / I ,"---~- / '-,<:.-,/ LL'.,.) llir/.<. t-) City Clerk } '..., ./ -4- NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ORDINANC E NOo 950 l ~ SUSA~Nc c. SIE1N~ETZ, City Clerk of the City of Gilroy, do hereby certify thot the attached Ordinance No. 950 is an original ordinance, QUiy adopted by the Council of the City of Gilroy at a regular meeting of sa:d Co~nc11 held on the 6th da y of fYla rch , 19~, at which :aee-d"g a quorum wz.s present. tN W;TNESS WhEREOF, I have hereunto set my hand and affixed the O'j:-::icial s,eal of the City or Gilrpy, this 7th day of .r4. . ,( ,~t,. '.,' -- '" l' ~ a -;1:11-&<_/ b, f;;J L /;.-j',n,-::J;n-<c'- C}-c'y Cl<::rk of the City of Gi lroy ~'1a rch , 19 72 . f -. I) ~~ea I