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Ordinance 1004 ORDINANCE NO. 1004 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 - MOREY ANNEXATION 73-7 TO THE CITY OF GILROY" 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 accor- dance 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 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 Com- mission, 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, and has held the said hearing, in accordance - 1 - ORDINANCE NO. 1004 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 Annexa- tion Commission and no further action was taken concerning the proposed annexation until the said Commission rendered its deci- sion, 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 without notice and hearing, and without an election; and WHEREAS, the said Council of the City of Gilroy having duly considered the manner 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 terri- tory 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 pro- perty in said City which is taxable for said purpose; and WHEREAS, the said Council has found and does hereby find - 2 - ORDINANCE NO. 1004 that all of the allegations, declarations and statements con- tained 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 pro- perty and premises hereinbefore mentioned, which are more parti- cularly described as follows, to wit: All that certain property situate in the County of Santa Clara, State of California, as follows: Portion of Lot 12 as shown upon that certain Map entitled, "Map of a Subdivision of the Lands of S. P. Fine in the Solis Rancho, Santa Clara County, California", which Map was filed for record in the office of the County Recorder of Santa Clara County, California, in Book "F2" of Maps, at page 46 therein, and more particularly described as follows: Beginning at a point on the westerly line of Morey Avenue (40 feet wide) which bears N 890 46' W, 20.07 feet from a 1" iron pipe in the centerline of Morey Avenue being the northeast corner of Tract 4667 Rancho El Dorado Unit No. 1 as shown upon a Map filed for record in the Office of the said Recorder, in Book 255 of Maps, at pages 5 and 6 therein; said point of beginning also being the southeasterly corner of said Lot 12 as conveyed to Savin D. and Theresa M. Calabrese by deed filed for record in the Office of the said County Recorder in Book 1802 of Official Records at page 219 therein; thence along the northerly line of said Tract 4667, being also the city limits line as established by the Hecker Pass - Morey 66-2 annexation to the City of Gilroy adopted May 1, 1967 by Ordinance 796 of the Gilroy City Council, N 890 46' W, 901.05 feet; thence continuing along the City limits line as established by the Hecker Pass - Morey 72-4 annexation to the City of Gilroy, adopted July 20, 1972 by Ordi- nance 962 of the Gilroy City Council, N 890 46' W, 263.88 feet; to a point which is approximately 1906 feet from the southwesterly corner on said Lot 12; thence N 520 24' 33" W, 92.16 feet; - 3 - ORDINANCE NO. 1004 _""<_~" ",','_,',' ..kw~,'~""""",,,,,,_,,,,,,,",,,"""""~"""_""'''''',~,,,-''',",'''''~'''''''." ". thence N 210 29' E, 327.21 feet, more or less, to the point of intersection with the northerly line of said Lot 12; thence along the said northerly line of Lot 12, N 890 51' E, 1149.92 feet to the point of inter- section with the said westerly line of Morey Avenue, being also the Gilroy City limits; thence along the said westerly line of Morey Avenue S 040 56' W, 369.82 feet to the point of beginning. The area of annexation containing 10.021 acres of land, more or less'f~~v 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 annexa- tion to said City, to pay any and all bonded and other indebted- ness 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 - MOREY ANNEXATION 73-7 TO THE CITY OF GILROY". Section IV: This ordinance shall take effect 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 17th day of December, 1973, by the following vote: AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: SILVA APPROVED: ;}' ~~~ I Mayor A TT~T : "//'"" ,",..,....,-,-' 4- ,----:') I -, ,,____1 /' ' / " ,/ /,J }/, /1...-"-",, ~ '/ \ Ii ll'/'('4,;;,?/;"),:l5, (,.? v <.r u..... 1/ , YI~C_~ f'.."."'.' " City Clerk-) ORDINANCE NO. 1004 ' I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 1004 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of December , 1911-, 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 19th day of December , 19 XL. "Ci ty (S ea 1)