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
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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
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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 } '...,
./
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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 .
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