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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 -1- 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 -2- 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 -3- "'.'lI1];1;j- --'~~............."",___","",_.;_"___..,, ~-",l'-,".,""~'",-".&.<\~~-.....~,~~~,,-,,,,~ 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 ,/ -4- 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)