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Ordinance 981 ORDINANCE NO. 98: I 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 73-4 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, 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. 981 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 and premises hereinbefore mentioned, which are more particularly described as follows, to wit~ PARCEL I All of that certain parcel of land conveyed by gift deed from Sarah Brem to the City of Gilroy and filed for record in the office of the County - 2 - ORDINANCE NO. 981 Recorder of Santa Clara County, California, in Book 0172 of Official Records at page 451 therein; said parcel being easterly 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 being a portion of parcel 3 as said parcel is described in Book 7037 of Official Records at page 504 therein; Beginning at the southwesterly corner of said Parcel Three and along the westerly line of said parcel N 00 50' 4511 E, 27.50 feet to the TRUE POINT OF BEGINNING; thence continuing along said westerly line N 00 50' 45" E, 734.10 feet; thence S 20 23' 2711 E, 683.86 feet and S 100 49' 2311 E, 52.43 feet more or less to the point of intersection with the northerly line of lands of the Santa Clara County Flood Control and Water Conservation District as shown on that record of survey recorded in the Office of the said County Recorder in Book 69 of Maps at page 17 therein; thence along last said northerly line N 890 09' 3511 W, 49.21 feet to the TRUE POINT OF BEGINNING and containing 0.354 acres of land more or less. PARCEL II (Contiguous to Parcel I) Being a portion of the lands of the Santa Clara County Flood Control and Water Conservation District as shown on that record of survey recorded in the Office of the County Recorder of Santa Clara, California, in Book 69 of Maps at page 17 therein and being more particu- larly described as follows: Beginning at the southwesterly corner of that certain parcel of land conveyed by gift deed from Sarah Brem to the City of Gilroy and filed for record in the Office of said County Recorder in Book 0172 of Official Records at page 451 therein; thence along the southerly line of said parcel S. 89009' 35" E., 49.21 feet; thence S. 100 49' 23" E., 28.08 feet; thence N. 890 09' 35" E., 54.86 feet; thence N. 00 50' 45" E., 27.50 feet to the point of beginning; said parcel being east- erly and adjacent to the Gilroy City Limits as estab- lished by the Southeast Annexation 65-1 annexed to the City of Gilroy on June 9, 1965 by Resolution No. 936 and northerly and adjacent to the Gilroy City Limits as established by the Fourth Southern Addition annexed to the City of Gilroy on March 3, 1965 by Resolution No. 896. Total annexation of Parcel I and PaFcrl II containing 0.387 acres of land more or less" d'tity-P 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 73-4 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 - 3 - ORDINANCE NO. 98 I 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 APPROVED: 4~~ Mayor ATTEST: ---) , k-' ( / 'j' ." ,> i 1,' ~ ,', ' .", ',.. ,/', ,,' '-"') ! , / /' /' P 1/ ' / ")--" -~' /,(;-+..// i-/I't<.../ ~,'" / LL v V"'-_ City Clerk J---.. ,/ ) '---/ - 4 - ORDINANCE NO. 98 I .. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 981 is an original ordinance, duly adopted by the Council .of the City of Gilroi at a ~egular meeting of ( said Counci I held on the 7th day of May , 19~, at which i meeting a quorum was present. IN WITNESS WHEREOF, I .have h~reunto set my hand and affixed the i official seal of the City of Gilrov, this 9th day of --j'. , )V;. ,/+---' " ' .. >,' /~; ) t. n,';j. v y-/ >, :,::Y LL ,;;. f,t. }}H -1-.__ City Clerk of the City of Gilroy!) : I .>) (S ea I) I i May , 19..l1. "