Ordinance 961
ORDINANCE NO. 961
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MURRAY AVENUE NO. 2 ANNEXATION 72-3 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 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,
ORDINANCE NO. 961
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and has held the said hearing, in accordance therewith, 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 fore-
going 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 Govern-
ment 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
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ORDINANCE NO. 961
WHEREAS, the said Council has found and does hereby find that
all of the al1gations, 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:
Beginning at a point on the Easterly line of Murray
Avenue at the southwesterly corner of Parcel No. 2
as said parcel is described in the deed from Mildred
Cupich, et aI, to Orland J. Ereno, et. aI, dated
February 23, 1955, recorded April 1, 1955 in Book
3098 of Official Records, Page 213 County of Santa
Clara, State of California thence along said Easterly
line of Murray Ave. (66 feet wide) being the easterly
City limits as established by Burke Ave. annexation
69-1, S220, 20'E, 142.83 feet to the City of Gilroy
Corporate Limits; thence leaving the Murray Avenue
Easterly line northeasterly along said corporate
limits approximately 438 feet to a point on the
Westerly Right of Way of a Santa Clara County Flood
Control and Water District Drainage Channel appur-
tenant to a State Freeway as said Right of Way is
described in that certain Order of Condemnation
recorded January 6, 1971 in Book 9180 Official Records
Page 45, County of Santa Clara, State of California;
thence along said District Right of Way Nllo 32' 35"W,
approximately 78 feet; thence along a curve to the
left with a radius of 98ll feet, a central angle of
20 39' 18" and an arc length of 454.63 feet; thence
N170 58' 38"W, 166.16 feet to a point on the southerly
line of Tract 4418 recorded in Book 231 Maps Page 44
Official Records, County of Santa Clara, State of
California, said point being distant 6.01 feet from
the most southeasterly corner of said Tract; thence
along the Tract southerly boundary S670 44' 40"W,
491.62 feet, said southerly line being the southerly
City Limits as established by the Burke Drive Annexation
69-1 to the City of Gilroy, to a point on the easterly
right of way line of Murray Avenue (66 feet wide), said
ORDINANCE NO. 961
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easterly line being the easterly City Limits as
established by said Burke Drive annexation; thence
along said Easterly right of Way line S220 20'E,
528.00 feet to the point of beginning and being
all of Assessor's Parcel Numbers 835-4-4 and 835-
4-31 (1971 Books) and CONTAINING 6.7 ACRES more or
less. j..fl-! C~-
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
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. 2 ANNEXATION 72-3 TO THE CITY OF GILROyn.
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 19th day of June
, 1972, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and
GOODRICH.
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: SILVA
~ED: 1
~~
. Mayor
ATTEST:
~dUJ~{ ~
./ ity Cler ,/
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ORDINANCE NO.
"",
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 961
is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 19th day of June
, 19 11-, 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 22nd day of
June
, 19 XL.
./ ,("
xi) U4~ &- / .,.
,,-"City Clerk of the City of
(S ea 1)