Ordinance 977
ORDINANCE NO. 977
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "CASTLEWOOD PARK ANNEXATION 72-5 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, inclu-
sive, 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 pro-
posed 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, and has held the said hearing,
ORDINANCE NO. 977
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 ini-
tiate 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 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
ORDINANCE NO. 977
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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 des-
cribed as follows, to wit:
All that certain land situated in the County of Santa Clara,
State of California, described as follows:
BEING a portion of Ranch Lot No. 16, as shown upon that
certain Map entitled, "Map No.7, accompanying the final
report of the Referees. in the Partition Suit of Henry Miller,
et aI, vs. Massey Thomas, et aI, in the Superior Court of the
State of California, County of Santa Clara", Case No. 5536
and more particularly a portion of lands of San Martin Vine-
yards, Co, a co-partnership, by deed recorded in Volume 2627
at page 215 of Official Records of Santa Clara County, described
as follows:
BEGINNING at a point in the southerly line of Third
Street as shown on Map entitled "Castlewood Park, Unit
No.6, Tract No. 5144, and recorded in Book 301 of Maps
at page 11, Santa Clara County Records, at the intersection
thereof with the southeasterly line of Castlewood Park,
Unit No. 5 as recorded in Book 233 of Maps at page 50,
Santa Clara County Records, and running thence along said
southeasterly line of Castlewood Park, Unit #5, N.15040'
l5"E. 4.14 feet to the most westerly corner of Annexation
72~1 to the City of Gilroy by Resolution No. 950 dated
March 6, 1972, thence along the southerly and westerly line
thereof, S. 89008' 36"E. 289.00 feet, S. 15040' l5"W. 108.61
feet; thence S.89008'36"E. 886.22 feet; thence,S. 0051'
24"W. 4.00 feet; thence.S.89008'36"E. 188.50 feet, S. 00
46!52"W. 547.62 feet, S.890l3'08"E.15.00 feet, S. 0046'
52"W. ,166.00 feet to the southerly line of lands of San
Martin Vineyards Co., thence along said southerly line
N.89lt13'08"W. 1570.00 feet to the southeasterly corner
of Castlewood Park, Unit No.5; thence along the south-
easterly line thereof N.15020'15"E. 848.89 feet to the
point of beginning, and vo/~/
CONTAINING THEREIN 24.810 acres of land.
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
ORDINANCE NO. 977
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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 rfCASTLE-
WOOD PARK ANNEXATION 72-5 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 20th day of February, 1973, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, DUFFIN, HUGHAN, PATE,
SILVA, STOUT and GOODRICH
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
ABSENT:
None
APPR,OVED: ~,-, "
7~~ (/r ~<~
( Mayor
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ORDINANCE NO. 977
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 977
is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
sa i d Counc i 1 hel d on the 20th day of February
, 19 73 , at wh i ch
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
A~;:f E: C; ty of
//'City Clerk of the City of
Gilroy, this
22nd day of
February
, 19 ZL.
(S ea J)