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Ordinance 962 . ' , 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, -1- 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 -2- 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 -3- 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 /. -4- ORDINANCE NO.. 962 " .. ..... - . 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)