Ordinance 996
it nt.:tlI 'tn"~ 1ii':""H 'f
'r.'''~!!'F,',,r.n'_"","i
""~',_"""~~'~l'?<,'f~_.''''''~'''''';''_~";,,~~,,,,' '11' _J1,il ~"_""__"':'"""",1,,,",,,~~'.~,,,,,,,,,,,",,
ORDINANCE NO. 996
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "PACHECO PASS ANNEXATION 73- 5 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 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 here-
inafter 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 Commis-
sion, purSuant to Section 54791 of the Government Code, and the
proposal for the annexation of said territory was thereafter sub-
mitted 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, and has approved
- 1 -
ORDINANCE NO. 996
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 adop-
tion of this Ordinance, pursuant to Section 35319 of the Govern-
ment 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
- 2 -
ORDINANCE NO. 996
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
described as follows, to wit:
"BEGINNING at the northwesterly corner of Parcel 2
as described in the Deed to Santa Clara County Flood Control
and Water District recorded October 16, 1973 in Volume
0068 at page 135, Official Records of Santa Clara County,
and running thence along the southwesterly line of said
Parcel 2 S. 260 06' 42" E. 246.21 feet to the most
northerly corner of that certain Parcel of Land conveyed
to the Santa Clara County Flood Control and Water District
by deed from Robert K. Byers, et aI, recorded December 6,
1972 in Volume 0142 at page 240, Official Records of Santa
Clara County; thence along the westerly line of last men-
tioned parcel, S. 00 28' 44" W. 22.37 feet, S. 230 39'
12" E. 134.23 feet, S. 90 00' 02" E. 168.88 feet, S. 170
21' 48" E. 58.14 feet and S. 260 21' 57" E. 25.50 feet;
thence leaving said westerly line N. 860 01' 20" W.
1075.69 feet, more or less, to an angle point in the
westerly line of that certain r.arcel of land conveyed
to Robert K. Byers, et aI, is 'Parcel A" by deed recorded
in Volume 6766 at page 649, Official Records of Santa
Clara County; thence along said westerly line N. 370 21'
E. 545.49 feet and N. 10 13' W. 70.95 feet to a corner
designated as "A" at a northwesterly corner of said
Byers land; thence along the northerly line thereof
N. 860 29' E. 527.53 feet to the point of beginning, and
CONTAINING THEREIN 10.218 acres, more or less".
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
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
- 3 -
ORDINANCE NO. 996
purposes.
Section III: The said territory hereby annexed to the
City of Gilroy shall be known as, and is hereby designated as
"PACHECO PASS ANNEXATION 73-5 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 17th day of September, 1973, by
the following vote:
AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE,
SILVA, STOUT and GOODRICH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approved:
/~~~
, Mayor .
ATTE9,T:
-")
- 4 -
ORDINANCE NO. 996
, J
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 996 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 17th day of September , 19 Z1-, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Of,~~I'( seal Of, t~~ Ci:YO! G.llroy,
,02.-/0'; JJ11./ ~ ,? -r;;;;:/
ity Clerk of the City of Gilroy
this
20th day of September
, 19 z..L.
(S ea 1)