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Ordinance 980 ORDINANCE NO. 980 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "SOUTH CHESTNUT STREET ANNEXATION 73..; 1 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICI- PALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. WHEREAS, the City Council of the City of Gilroy is initiating proceedings on its own motion in accordance with the provisions of the Annexation of Uninhabited Territory Act of 1939, as set forth within Section 35300 to 35326, inclusive, of the Government Code, to annex to the City of Gilroy as uninha- bited territory certain land located in the County of Santa Clara, State of California, therein and hereinafter more parti- cularly described; and WHEREAS, it appears that all of the land in the territory proposed to be annexed is owned by the City of Gilroy 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 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 no- tice of said hearing, as required by Section 54793 of the Govern- ment Code, and has held the said hearing, in accordance therewith, - 1 - ORDINANCE NO. 980 made its determination upon the proposed annexation, and has approved said annexation as proposed; and WHEREAS, the Council did not 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, 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 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, 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 Gov- ernment Code of the State of California, there is hereby annexed to the City of Gilroy as City owned, contiguous, uninhabited territory the property arrl premises hereinbefore mentioned, which are more particularly described as follows, to wit~ PARCEL I All of that certain parcel of land conveyed by grant deed from Roy Uyeno and Elizabeth Steidley to the City of Gilroy and filed for record in the office of the County Recorder of Santa Clara County, California, - 2 - ORDINANCE NO. 980 in Book 0128 of Official Records at page 382 therein; said Parcel I being adjacent to and southerly of the original city limits also being a portion of Parcel 5 as said parcel is described in Book 6584 of Official Records at page 273 therein; "Beginning at the southwesterly corner of said parcel five on the common line between Las Animas Ranch Lots 44 and 45; thence along said common line S 890 09' 35" E, 32.78 feet to the TRUE POINT OF BEGINNING; thence N 20 23' 27" W, 322.34 feet to the point of tangency with a 778 foot radius curve to the left; thence along the arc of said 778 foot radius curve through a central angle of 160 55' 2311 an arc distance of 229.79 feet; thence S 700 41' 10" W, 21 feet; thence N 190 18' 50" W, 111.57 feet to the point of tangency with a 40 foot radius curve to the left; thence along the arc of said 40 foot radius curve through a central angle of 900 an arc distance of 62.83 feet to the point of tangency with the southerly line of Tenth Street, 86 feet wide~ thence along said southerly line of Tenth Street S 70 41' 10" E, 166.00 feet to the point of tangency with a 40 foot radius curve concave to the southeast; thence along last aforesaid 40 foot radius curve deflecting to the left from a tangent bearing N 700 41' 10" W, through a central angle of 900 an arc distance of 62.83 feet to the point of tangency with a line bearing S 190 18' 50" E (and parallel 86 feet to the above mentioned course: N 190 18' 50" W) thence along said line S 190 18' 50" E, 111.57 feet; thence S 700 41' 10" W, 21.00 feet to an 822 foot radius curve to the right; thence along the arc of said 722 foot radius curve through a central angle of 160 55' 23" an arc distance of 242.79 feet to the point of tangency with line bearing S 20 23' 27" E; thence along said line S20 23' 27" E, 324.83 feet more or less to the point of intersection with the said common line between Las Animas Ranch Lots 44 and 45 being also the southerly line of said parcel five; thence along said southerly line of parcel five N 890 09' 35" W, 22.07 feet to the TRUE POINT OF BEGINNING and containing 0.880 acres of land more or less." PARCEL II (Contiguous to Parcel I) All of that certain parcel of land conveyed by gift deed from Stuart Fletcher and Helene Anderson to the City of Gilroy and filed for record in the office of the County Recorder of Santa Clara County, California in Book 0128 of Official Records at Page 378 therein; said parcel being adjacent to above mentioned Parcel I and northerly and adjacent to the Gilroy City Limits as established by the Southeast Annexation 65-1 annexed to the City of Gilroy on June 9, 1965 by Resolution No. 936, also bein~ a portion of parcel 1 and 2 as said parcels are descr1bed in Book 2129 of Official Records at page 346 therein; Beginning at the southeasterly corner of said parcel one; thence along the southerly line of said parcel one N 890 09' 35" W, 18.35 feet; thence N 20 23' 27" W, 330.52 feet - 3 - ORDINANCE NO. 98:0 more or less to the point of intersection with the northerly line of said parcel one~ thence along said northerly line of parcel one S 89 09' 35" E, 44.07 feet; thence parallel 44.00 feet to the second above described course, S 20 23' 27" E, 330.52 feet to the point of intersection with the southerly line of said parcel two being also the northerly line of Banes Lanei thence along the northerly line of Banes Lane N 890 09 35" W. 25.72 feet to the point of beginning and con- taining 0.334 acres of land more or less. ~J~ Total annexation of Parcel I and Parcel II containing 1.214 acres of land more or less. Section II: The said territory hereby annexed to the City of Gilroy shall be known as, and is hereby designated as, "SOUTH CHESTNUT STREET ANNEXATION 73-1 TO THE CITY OF GILROY". Section III: 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 7th day of May, 1973, by the following vote: AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~VED: /~~c~~ Mayor ATTESJT: ---'" ' :) I I) " " ,,' ,,_ <<:' " /t/ J" !}/'L,', " //-. ......., i'/ /..........~~ , .~ City Clerk ,- I / [, )i LL... h Ph. L 1;] TJ \--'/ . - 4 - ORDINANCE NO. 98~ ... - ..- "',.-- I, SUSANNE E. STEINMETZ, City Clerk of the leity of Gilroy, do hereby certify that the attached Ordinance No. 980 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of sa I d Counc i I hel d on the 7th day of I meeting a quorum was present. I IN WITNESS\WHEREOF, I ,have hereunto set my hand and affixed the May , 19~, at which ! : official seal of the City of Gi lroy, this 9th day of May ,(/ I, I _', ,~ ,) {'7~" j,~n{., ~/, ',) LC: /-JUte: I-- City Clerk of the City of Gilroy / , 19.11-. ....' (S ea I)