Ordinance 975
ORD INANCE NO. 975
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE EXCLUSION
THEREFROM OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "SOUTH MONTEREY NO. 2 ANNEXATION 71-4 TO THE CITY
OF GILROY"
WHEREAS, the Council of the City of Gilroy has initiated
proceedings in accordance with the provisions of Section 35500
to 35526, inclusive, of the Government Code, to excluded from
the City of Gilroy as uninhabited territory certain land located
in the City of Gilroy, County of Santa Clara, State of California,
therein and hereinafter more particularly described; and
WHEREAS, notice of intention to exclude 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 exclusion 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 exclusion, and did give notice of said 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, the Council did not initiate any proceedings to exclude
the said territory on its own motion until after it did file a notice
of intention to exclude the said territory with the said Local Agency
Annexation Commission and no further action was taken concerning the
proposed exclusion until the said Commission rendered its decision,
ORDINANCE NO. 975
as provided for in Section 35561.4 of the Government Code; and
WHEREAS, the said Council of the City of Gilroy did hereto-
fore and on the 15th day of January, 1973, adopt Resolution No.
1703 fixing Monday, the 5th day of February, 1973, 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 proposal to exclude said territory, which Resolution complied
with the provisions of Section 35561.4 of Government Code; and
WHEREAS, notice of the said hearing has been given as required
by publication of a copy of said Resolution in the GILROY EVENING
DISPATCH, a newspaper published in the said City of Gilroy, on the
24th day of January, 1973, 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 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 and no protest, written or oral, having been made
to the proposed exclusion, and the said Council having duly considered
the matter of said exclusion 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 excluded from the said City of
Gilroy; and
WHEREAS, the City has not incurred any expense for the construc-
tion or installation of any facilities or improvements on the property
so excluded, and no reimbursement to the City by the landowners is
required; 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.
ORDINANCE NO. 975
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NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
Section I: Under the authority of Sections 35500 to 35526 of
the Government Code of the State of California, and particularly
Section 35561.4, there is hereby excluded from the City of Gilroy
as previously annexed uninhabited territory the property and premises
hereinbefore mentioned, which are more particularly described as
follows, to wit:
ALL that certain real property situate in the County of
Santa Clara, State of California, described as follows:
Portion of Lot 2, as shown upon that certain map entitled,
"Map of the Subdivision of the property of Thomas Rea in
Las Animas Ranch Lots No. 53 and 54, being all of Las Animas
Ranch Lot No. 53, with the exception of the so-called Miguel
Place sold by Thomas Rea to Henry Miller by Deed of April 11,
1887 recorded in Book 89 of Deeds, Page 303, Santa Clara County
Records and 12 Acres of Las Animas Ranch Lot No. 54 sold by
Henry Miller to Thomas Rea by Deed of April 11, 1887, and
recorded in Book 88 of Deeds, Page 568, Santa Clara County
Records", which map was filed for record in the Office of the
Recorder of the County of Santa Clara, State of California, on
April 1, 1894 in Book F of maps, at Page 24, and more particularly
described as follows:
BEGINNING at the point of intersection of the dividing line
between Lots 1 and 2, as said lots are shown upon the map above
referred to, with the northeasterly line of Monterey Highway, as
said line was established by Parcel 1 in that certain final order
of condemnation entered on June 19, 1951 in the Superior Court of
the State of California, in and for the County of Santa Clara,
in that certain action entitled, "The People of the State of
California, Acting by and Through the Department of Public Works,
Plaintiff, vs. Pasquale La Macchia, et aI, Defendants", Case
No. 74617, a certified copy of which order was filed for record
in the Office of the Recorder of the County of Santa Clara,
State of California, on June 19, 1951 in Book 2235 Official
Records, Page 326; Thence from said point of beginning along
said dividing line N. 72000' E., 2080 feet more or less to
the point of intersection with the southwesterly line of lands
and right of way of the Southern Pacific Railroad Company;
Thence southeasterly along said southwesterly line of lands
and ri9ht of way of the Southern Pacific Railroad Company S.
43030 E., 1317.19 feet more or less to the point of inter-
section with the dividing line between Lots 2 and 3 as said
lots are shown upon the above referred map~ Thence along said
dividing lines between Lots 2 and 3, S. 61 53'W., 1727.68
feet more or less to the point of intersection with the monu-
mentline of Hollister Road (also known as Bolsa Road); Thence
along said monumentline of Hollister Road for the following
courses and distances: N.820 29' W., 141.90 feet; S. 720 13'
W. 169.62 feet S. 79050' W., 469.26 feet and N. 50043' W.,
102.34 feet Thence leaving said monumentline N. 56043' 12" E.,
ORDINANCE NO. 975
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15.72 feet to the southerly end of 200 foot radius curve
connecting the northwesterly line of Monterey Highway with
the northeasterly line of Hollister Road; Thence N. 750 32'
22" W., 372.54 feet and N. 870 43' 36" W., 158.81 feet to
the southwesterly line of said Monterey Highway; Thence along
said southwesterly line of Monterey Highway N. 18- 00' W.,
1811.06 feet and N. 19008' 45" W., 235.01 feet to the southerly
line of South Monterey No. 1 Annexation 71-3 to the City of
Gilroy, annexed by Ordinance 926; Thence along said southerly
line of said South Monterey No. 1 Annexation N. 720 39' 48" E.
324.52 feet to the said northeasterly line of Monterey Highway;
Thence along said northeasterly line of Monterey Highway S. 180
00' E., 1024.80 feet to the point ~f beginning and containing
therein 90.39 Acres more or less. vC/f;jt,
Section II: Said Council does hereby further declare that no
reimbursement to the City is required from the landowners, since no
facilities or improvements have been installed by the City on the
property so excluded.
Section III:
The said territory hereby excluded from the
City of Gilroy was previously designated as "SOUTH MONTEREY NO. 2
ANNEXATION 71- 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 th day of February, 1973, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, DUFFIN, HUGHAN, PATE, SILVA,
STOUT and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
None
APPROVED:
"'/~~~L~J;
! Mayor
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C~ty C er
ORDINANCE NO. 975
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STATE OF CALIFORNIA )
) ss.
County of Santa Clara )
I, SUSANNE E. STEINMETZ, 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 5:-th day of February,
1973, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have set my hand and affixed my seal
this 7th day of
February
ORDINANCE NO. 975
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