Ordinance 956
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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
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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
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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
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. ~ . .....
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!:.. .
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---/ t f} t: J"J1U '
,City Clerk of the City of Gilroy
(S ea 1)