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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 -2- 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 -3- 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 J~~ / ORDINANCE NO. 977 -4- ..~i;.. ~"~f~#" '*~"'" 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)