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,
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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
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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
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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:
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City Clerk J---..
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ORDINANCE NO. 98 I
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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
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City Clerk of the City of Gilroy!)
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(S ea I) I
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May
, 19..l1.
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