Ordinance 962
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ORDINANCE NO. 962
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "HECKER PASS ANNEXATION 72-4 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 MUNIC IPAL 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,
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ORDINANCE NO. 962
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. 962
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.
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:
BEING a portion of Subdivision K of Lot 3 as shown
on map entitled "Map accompanying the Report of the
Referees in the Partition of the Lands of the Estate
of L. Fine, Dec'd", which is filed for record in
Book "F" of Maps at page 9, Records of Santa Clara
County, California, and being more particularly
described as follows:
"BEGINNING at the northeasterly corner of said Sub-
division K, as shown on said map, and running thence
along the easterly line thereof South 401.00 feet to
the northeasterly corner of that certain parcel of
land described as Parcel 1 in the Deed to California
and Nevada District of the Lutheran Church - Missouri
Synod, a corporation, recorded in Volume 5301 at page
403, Official Records of Santa Clara County; thence
along the northerly boundary of said Parcel West
304.21 feet to the northwesterly corner thereof; thence
along the westerly line thereof South 68.90 feet; thence
S. 2044'W. 192.22 feet; thence along a tangent curve
to the right with a radius of 300.00 feet; through a
central angle of 21004' for a distance of 110.30 feet;
thence S.23048'W. 41.70 feet; thence along a tangent
curve to the left with a radius of 300.00 feet, through
a central angle of 26016'30" for a distance of 137.58
feet; thence S.2028'30"E. (S.2028'30"W. record) 87.28
feet to a point in the centerline of Hecker Pass High-
way (formerly Bodfish Mill Road); thence along said
centerline S.80052'W. 2.73 feet to a southwesterly
corner of that certain 2.825 acre tract of land des-
cribed in the deed to Trevis Berry, et ux, recorded
in Volume 4790 at page 634, Official Records of Santa
Clara County; thence along the southwesterly line of
said tract N.34053'W. 274.91 feet to the most southerly
corner of that certain 1.00 acre tract of land described
as Parcel One in the Deed to Norris V. Udell, et ux,
recorded May 17, 1962 in Volume 5579 at page 38, Official
Records of Santa Clara County; thence along the boundary
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ORDINANCE NO. 962
of said 1.00 acre Parcel N.63029'E. 165.04 feet,
N.3020'E. 148.60 feet and N.69035'W. 2l2.49 feet
to the most northerly corner thereof in the westerly
line of said Subdivision K; thence along said
westerly line North 505.75 feet to the northwesterly
corner to said Subdivision K; thence along the
northerly line thereof N.89054'E. 579.48 feet to
the point of beginning, and
CONTAINING THEREIN 7.169 acres of land".. ~/ tJ-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 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 "HECKER PASS
ANNEXATION 72-4 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 17 day of July, 1972, by the following
vote:
AYES: COUNCILMEMBERS:
DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
BATREZ
Approved:
7~~
ATTEST:
0/UfJ(iWodJeJu-j:
- City Clerk
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ORDINANCE NO.. 962
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 862 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
sa i d Counc i I hel d on the 17th day of
July
, 19 E-, at whi ch
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 21st day of
July
, 19.E....
,/
CJUOa~ ~"
City Clerk of the City of
(S ea 1)