Ordinance 983
ORDINANCE NO. 983
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MURRAY AVENUE ANNEXATION NO. 73-2 TO THE CITY
OF GILROY" 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 accor-
dance with the provisions of the Annexation of Uninhabited Terri-
tory Act of 1939, as set forth within Sections 35300 to 35326,
inclusive, of the Government Code, asking that there be annexed
to the City of Gilroy as uninhabited territory certain land loca-
ted in the County of Santa Clara, State of California, therein and
hereinafter 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
proposed 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 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 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, in accordance
therewith, made its determination upon the proposed annexation,
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ORDINANCE NO. 983
and has approved said annexation as proposed; and
WHEREAS, no petition seeking the annexation of said terri-
tory was circulated or filed nor did any officer or agency of the
City of Gilroy accept any such petition for filing nor the Council
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
foregoing as facts, and deeming it desirable and for the best in-
terests 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 indebt-
edness 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
in the foregoing portion of this Ordinance to be true and correct.
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ORDINANCE NO. 983
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 pro-
perty and premises hereinbefore mentioned, which are more parti-
cularly described as follows, to wit:
Beginning at the intersection of the common line
of Lots 12 and 13 of the Subdivision of Las Animas
Ranch Lot 34 and Sub Lot 2, as recorded in Book M
of Maps in Page 79, Santa Clara County Records,
State of California and the easterly right of way
line of Murray Avenue, 66 feet wide, as said point of
intersection is identified as an iron witness pipe
in a Deed recorded in Book 8116, Official Records
in Page 20, Santa Clara County Records, said Point
of Beginning being also the existing City of Gilroy
City Limits as established by the Burke Drive Annex-
a tion 69-1;
Thence clockwise around the parcel as described in
Drawing A-734.6 on file with the California Highway
Commission, along the easterly right of way line of
Murray Avenue, 66 feet wide being also the existing
City Limits, N 210 41' l4tf W, 249.48 feet to an
iron pipe;
Thence N 680 21' 01" E, 525.00 feet along a line
parallel with the southerly line of said Lot 12,
to the State SCL, 4, 101 Freeway and S.C.C.F.C.& W.D.
westerly right of way line;
Thence S 170 58' 38" E, along last said right of way
line 249.99 feet to a point on the existing City
Limits as established by annexation Burke Drive No.
1 and being the common line of Lots 12 and 13;
Thence S 680 21' 01" W, 508.83 feet along the existing
City Limits as above established and along said common
line of Lots 12 and 13 to the Point of Be~inning and
containing approximately 2.95 acres.~\~
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 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
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ORDINANCE NO. 983
to the City of Gilroy, said property to be taxed for said pur-
poses equally with other property in said City which is taxable
for such pruposes.
Section III: The said territory hereby annexed to the
Cfty of Gilroy shall be known as, and is hereby designated as
"MURRAY AVENUE ANNEXATION NO. 73-2 TO THE CITY OF GILROY".
Section IV: 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
~roved:
~~~
. Mayor
ATTEST~
. -~" ,.
City Clerk
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ORDINANCE NO. 983
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 983 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Counci I held on the 7th day of May , 19 IL, at which
meeting a quorum was present.
IN WITNESS WHEREOF, \ have ~ereunto set my hand and affixed the
official seal of 9th day of May , 19 ll...
City Clerk of
(S ea I)