Ordinance 953
ORDINANCE NO. 953
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS If MURRAY AVENUE NO. 1 ANNEXATION 71-8 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 theGovermnentCode, 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, made its determination upon the proposed
annexation, and has approved said annexation as proposed; and
ORDINANCE NO. 953
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
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.
ORDINANCE NO. 953
.2-
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 follows:
BEING a portion of Lot 10 1/2 of the subdivision of the
southerly portion of Las Animas Ranch Lot 34 and Sub Lot
2 according to the map thereof recorded in Book M of Maps,
Page 79, Records of Santa Clara County, California, and
being more particularly described as follows:
BEGINNING at the point of intersection of the westerly
line of Murray Avenue with the northerly city limits line
as established by the Burke Drive 69-1 Annexation to the
City of Gilroy by Ordinance 852 on 5-23-69. Thence along
said northerly city limits line N 670 40' E 66' to the
easterly line of Murray Avenue, thence along said easterly
line of Murray Avenue N 220 20 W 504.86' to the southerly
line of Tract 4797 as recorded in Book 286 at Pages 10
and 11 of Official Records of Santa Clara County;
Thence along the boundary of said Tract 4797 the
following courses and distances:
N 67- 40' E, 534.44 feet; N 230 29' 55" W, 700.23 feet
to the point of tangency with a 50 foot radius curve to
the left;
Thence along the arc of said 50 foot radius curve through
a central angle of 88- 50' 05" an arc distance of 77.52
feet;
Thence S 670 40' W, 536.21 feet to the said westerly
line of Murray Avenue (66 feet wide)
Thence along said westerly line of Murray Avenue S 220
20' E, 1253.93 feet more or less to the point of beginning
and containing 10.566 acres more or less.~~E
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
ORDINANCE NO. 953
-3-
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 "MURRAY
AVENUE NO. 1 ANNEXATION 71-8 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 17th day of April, 1972, by the
following vote~
AYES:
COUNCILMEMBERS:
BATREZ, STOUT, HUGHAN, PATE, SILVA
and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
DUFFIN
APPROVED:
7~~/JJu:ved:
Mayor
ATTEST::
(
l':"';
<'\ J/
./
, ~,;",,:f,
ORDINANCE NO. 953
-4-
. .
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 953
is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 17th! day of
Apri I
, 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 19th day of
/f
~(6~~ // .
I ity Clerk of the City of Gilroy
Apri 1
, 19 ll:-.
(Sea I)