Ordinance 966
ORDINANCE NO. 966
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "PACHECO PASS ANNEXATION 72-6 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
ORDINANCE NO. 966
hearing, as required by Section 54793 of the Government Code,
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
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 indebted-
ness 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
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ORDINANCE NO. 966
property in said City which is taxable for said purpose; and
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:
Commencing at the northeasterly corner of that
certain parcel of land conveyed to George C. White, et ux,
by Deed recorded January 28, 1918 in Book 467 of Deeds, at
page 350 in the office of the Recorder of Santa Clara County;
thence along the easterly line of said parcel, S. 00 19' l4"E.
55.13 feet to a curve concentric with and distant 50.00 feet,
southerly, from the "A" line of the Department of Public Works'
survey for State Highway at Llagas Creek, in Santa Clara County,
Road IV-SCl-32-A; being the true point of beginning;
Thence from a tangent that bears S. 890 15' 27" E.
along said concentric curve to the righti with a radius of
2950.00 feet, through an angle of 170 28 17", an arc length
of 899.55 feet to the point of intersection with the westerly
line of that certain parcel five of land conveyed to Byers
et al by grant deed filed for record in the office of the said
Recorder in Book 6766 of Official Records at page 651 therein;
Thence southerly along said westerly line of parcel
five the following courses and distances;
S. 40 10' E., 197.88 feet;
S. 30022' W., 330.59 feet;
S. 39059' W., 260.63 feet;
S. 07005' W., 20l.l7 feet;
S. 13044' E., 119.72 feet to the northerly line
of that certain parcel four of land conveyed to Byers
et al by grant deed filed for record in the office
of the said Recorder in Book 6766 of Official Records
at page 650 therein;
Thence along said northerly line of parcel four S. 860
29' W., 546.02 feet more or less to the point of intersection
with the easterly line of lands of Gilroy Foods Incorporated
as shown on a map of that certain record of survey recorded in
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ORDINANCE NO. 966
the office of said County Recorder in Book 217 at page 6
of Maps therein; (said line being also the easterly city
limits as established by the Pacheco Pass Annexation 70-6
annexed to the City of Gilroy on June 15, 1970 by Ordinance
No. 888); thence along said easterly line of Gilroy Foods
N. 00 _19' 14" W., 1164.88 feet to the True Point of Beginning
and. vo/'..ee...
,
Containing 17.221 acres of land more or less.
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 "PACHECO PASS
ANNEXATION 72-6 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 18th day of October, 1972, by the
following vote:
AYES ~
COUNCILMEMBERS:
BATREZ, DUFFIN, HUGHAN, PATE,
STOUT and GOODRICH
NONE
SILVA
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
)i~~~
Mayor
ATTEST:
0:kt~hd~J:
' C1ty erk /
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ORDINANCE NO. 966
." .. , ...
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 966 is an original ordinance,
adj ourned
duly adopted by the Council of the City of Gilroy at a regular/meeting of
said Council held on the 18th day of
October ,19~, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Offi,')f seal of
(12/;,,[)tZ~
I ity Clerk of the City of
~
thi s 19th day of
October
, 19-P
(S ea 1)