Ordinance 973
ORDINANCE NO. 973
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "LEAVESLEY NO. 2 ANNEXATION 72-7 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 hereinafter
more particularly described; and
WHEREAS, it appears that the said petition has been signed
by the owners of more than one-fourth of all of the land in the
territory proposed to be annexed by area and by assessed value as
shown on the last equalized assessment roll of the County of Santa
Clara, 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 the 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
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ORDINANCE NO. 973
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, the said Council of the City of Gilroy did hereto-
fore and on the 6th day of November, 1972, adopt Resolution No. 1685
finding the foregoing as facts and fixing Monday, the 18th day of
December, 1972, at the hour of 8:00 o'clock p.m. of said day in
the Council Chambers in the City Hall, Gilroy, California, as the
time and place for the hearing of said petition and proposal to
annex said territory, which Resolution complied with the provisions
of Sections 35305 and 35306 of Government Code; and
WHEREAS, notice of the said hearing has been given as required
by Sections 35307 and 35311 of the said Government Code by publi-
cation of a copy of said Resolution in the GILROY EVENING DISPATCH,
a newspaper published in the said City of Gilroy, on the 15th day
of November and the 22nd day of November, 1972, and in the MORGAN
HILL TIMES, a newspaper published in the City of Morgan Hill,
California, on the 16th day of November and the 23rd day of November,
1972, as required by law, and the previous order of the Council,
and also by giving notice of the time and place of the hearing to
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ORDINANCE NO. 973
all persons and bodies to whom the law requires such notices to
be given, all in the manner and within the time required by law;
and
WHEREAS, the said Council of the City of Gilroy has now held
the said hearing which was continued to this date and has adopted
a resolution declaring that no majority protest has been made to
the proposed annexation, and the said Council having duly considered
the matter of said annexation and finding all the foregoing 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 more than two-thirds of the value of
the territory proposed to be annexed signed the petition herein-
before mentioned for the annexation of said territory to the City
of Gilroy, and said petition contains the written consent of said
signers, 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 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
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 Resolution 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 "Uninhabited
Territory Act of 1939", as set forth in Sections 35300 to 35326
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ORDINANCE NO. 973
of the Government Code of the State of California, the same being
Chapter 297, Statutes of 1939, and Amendments thereto, 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 real property situated in the County
of Santa Clara, State of California described
as follows:
Beginning at the intersection of the easterly
right of way line of San Ysidro Avenue (40 feet
wide) (formerly Whitehurst Avenue) and the
northerly right of way line of Leavesely Avenue
(60 feet wide) as shown in a Parcel Map recorded
in Book 283 of Maps in Page 53, Official Records,
County of Santa Clara, State of California, said
point being also a point on the existing city
limits of the City of Gilroy, thence S 65018' 08"W,
449.04 feet along the existing city limit line to a
point of intersection in the existing City limit
lines; thence N20003'W, 221.04 feet, along the
existing City limit line; thence N 6502l'01"E,
60.30 feet to the existing state of California
4SCL10l Freeway Right of Way line as established
in Book 9180 Official Records Page 47 County of
Santa Clara, State of California said by State
Grid Coordinate Y192300.77 and X16890l6.8l (C.C.S.
Zone 3) and as said iron pipe is shown upon State
Ma~ 4SCL10l, Drawing Number R-113.7; thence N 650
21 Ol"E, 331. 02 feet to the westerly right of way
line of San Ysidro Avenue, (formerly Whitehurst
Avenue) 40 feet wide; thence continuing N 65021'
Ol"E, 40 feet to the easterly right of way line
thereof; thence S 24038' 59"E, 219.95 feet to the point
of beginning ~d containing approximately 2.224 acres
more or less. rue
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.
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Section III: The said territory hereby annexed to the
City of Gilroy shall be known as, and is hereby designated as,
"LEAVESLEY NO. 2 ANNEXATION 72-7 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 December, 1972, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, HUGHAN, PATE, SILVA,
STOUT and DUFFIN
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
ATTEST: ~
/) ~ P.
~~:;/~'-' (! . tfL-7{~ ~b~
. Deputy City Clerk 0
STATE OF CALIFORNIA )
) ss.
County of Santa Clara )
I, ELAINE C. CODIGA, Deputy City Clerk of the City of Gilroy, do
hereby certify that the foregoing is a full, true and correct copy
of an Ordinance adopted by the Council of the City of Gilroy at
a regular meeting of said Council, held on the 18th day of December,
1972, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have set my hand and affixed my seal
this 22nd day of December , 19 72
Depl:i~u,~& tfcle(;~-<J<<
ORDINANCE NO. 973
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