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Ordinance 956 'lIil~""-';,Io<.....,.,~.~..,..,.,.,._, ORDINANCE NO. 956 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 72-2 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 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 Formation 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 Local Agency Formation 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 ORDINANCE NO. 956 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 Formation 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 ORDINANCE NO. 956 -2- 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 follows: BEING a portion of Las Animas Ranchlot No. 16 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being more particularly described as follows: "BEGINNING at a point in the line connnon to Ranch Lots 16 and 21 distant thereon S. 89058'32"E. 268.44 feet from the southwesterly corner common to said Lots in the easterly line of Ranchlot 22, and running thence along said connnon line S. 88 058' 32"E. 641. 04 feet to the southeasterly corner to Ranchlot 21; thence continuing along the northerly line of that certain 157.788 acre tract of land described as Parcel 4 in the Deed to San Martin Vineyards Company recorded in Volume 2627 of Official Records at page 215 S.84043'32"E. 404.58 feet and S.890l7'59"E. 42.00 feet to an intersection with the Boundary of "Castlewood Park Annexation No.3" to the City of Gilroy as described in Ordinance No. 651 of said City adopted April 20, 1961; thence along said Boundary S. 0037' OlffW. 150.00 feet and S.890l7'59"E. 232.86 feet. thence leaving said boundary S. 005l'24"W. 125.00 feetb N.89b17'59"W. 418.00 feet, S. 005l'24"E. 194.95 feet and N.89 08'36"W. 1035.04 feet to a point in the easterly boundary of "Castlewood Park Annexation 67-1" to the City of Gilroy as described in Resolution No. ll63 of said City adopted January 22, 1967; thence along said easterly boundary N.l50 40'15"E. 520.69 feet to the point of beginning, CONTAINING 12. 96l acres". J..~ue 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. 956 -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 "CASTLEWOOD PARK ANNEXATION 72-2 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 15th day of May, 1972, by the following vote: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NONE SILVA AYES: COUNCILMEMBERS: APPROVED: )/~~~~ Mayor ATTEST: ,/ ':;J Z-L-~) U''fYJ-v:---/ City Cler ORDINANCE NO. 956 -4- . ~ . ..... I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 956 is an original ordinance, duty adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of May , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of /1 the City of Gilroy, this d~!;- 17th day of May , 19..I!:.. . (-') / ---/ t f} t: J"J1U ' ,City Clerk of the City of Gilroy (S ea 1)