Ordinance 997
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ORDINANCE NO. 997
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 73-6 TO THE CITY OF
GILROyJJ 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
Territory 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 located 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,
and has approved said annexation as proposed; and
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ORDINANCE NO. 997
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 without notice and hearing,
and without an election; and
WHEREAS, the said Council of the City of Gilroy having
duly considered the ma:tteJ'7 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 e'qually 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. 997
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 a one inch pipe in the easterly line of said
28.26 acre tract of land distant thereon N. 00 19' 14"
W. 1003.15 feet from a 4 inch pipe at corner designated
"S-4" of said 28.26 acre tract of land; thence S. 890
40' 46" W. 100 feet; thence N. 00 19' 14" W. 229.74 feet
to an iron pipe in the southerly line of the State High-
way, IV-SCL-32A, known as the Pacheco Pass Highway;
thence along the Southerly line of said State Highway
S. 890 20' 15" E. 88.99 feet and easterly along the
arc of a curve to the right havinij a radius of 2950,
feet th:ro,:,gh an angle of 00 12' 51 , an arc distance of
11.03 feet to an iron pipe in the easterly line of said
28.26 acre tract of land; thence leaving said Highway
S. 00 19' 14" E. 228.00 feet to the point of beginning,
and being the 0.525 of an acre parcel of land designated
Parcel 2 on the Map of Record of Survey of a portion of
Rancho San Ysidro filed December 6, 1966 in Book 217 of
Maps, page 6, Santa Clara County Records.
(CONTAINING THEREIN 0.525 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
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
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 73-6 TO THE CITY OF GILROY".
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ORDINANCE NO. 997
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
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Mayor
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ORDINANCE NO. 997
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 997 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the ]7th day of
September 19 73 at which
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meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of September
, 19 23-.
(Sea 1)