Ordinance 1016
ORDINANCE NO. 1016
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "STELLING ANNEXATION 73-8 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, 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 Commission,
pursuant to Section 54791 of the Government Code, 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
WHEREAS, no petition seeking the annexation of said territory
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
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ORDINANCE NO. 1016
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 manner of said annexation and finding all the foregoing
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 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 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 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 ffAnnexation of
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ORDINANCE NO. 1016
Uninhabited Territory Act of 1939lf, 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:
BEING a portion of Ranch Lot 16, as shown on Map
No. 7 accompanying the Final Report of the Referees
in the Partition Action of Henry Miller, et al, vs.
Massey Thomas, et aI, in the Superior Court of the
State of California, in and for the County of Santa
Clara, Case No. 5536, and being also a portion of
that certain 169.06 acre tract conveyed by Miller &
Lux Incorporated, a corporation, to F. E. Stelling by
deed recorded January 27, 1927, in Volume 296 of
Official Records, page 249, Records of Santa Clara
County, California, more particularly described as
follows:
BEGINNING at the Southeasterly corner of the "Fifth
Western Addition to the City of Gilroytl as described
in Ordinance No. 675 of the City of Gilroy, adopted
May 7, 1962, said corner being in the Southwesterly
line of Princevalle Street (60 feet wide) in the
Northeasterly line of said 169.06 acre tract; thence
from said point of beginning along the Southeasterly
line of Fifth Western Addition to the City of Gilroy,
South 70000'West 1742.05 feet, more or less, to the
intersection with the centerline of Miller Avenue as
said centerline is described in tlMiller Avenue Annexation
No. 1 to the City of Gilroylt as described in Ordinance
No. 742, adopted by the City of Gilroy on June 7, 1965;
thence along said centerline and along the City Limit
Line of the City of Gilroy, as established in said
Ordinance No. 742, the six following courses and dis-
tances:
South 0052'West 159.66 feet,
South 87052'West 444.51 feet,
South 67037'West 118.01 feet,
South 52052'West 156.82 feet,
South 32032'West 259.22 feet, and
South 28058'West 63.00 feet
to the most Northerly corner of ItMiller Avenue No. 3
Annexation to the City of Gilroylt as described in
Ordinance No. 912, adopted by the City of Gilroy
February 16, 1971, said last-named corner being the
most Westerly corner of that certain easement for levee
purposes, granted to the City of Gilroy by Bertha A.
Stelling and John Henry Stelling by Agreement recorded
October 11, 1938 in Book 892 of Official Records, page
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ORDINANCE NO. 1016
496, Santa Clara County Records; thence along the
Northeasterly lines of said Miller Avenue No. 3
Annexation to the City of Gilroy and along the
Southwesterly lines of said easement, the three
following courses and distances:
South 50032t30ltEast 495.16 feet
South 42048t38"East 276.34 feet, and
South l8030tEast 300.00 feet
to the Southeasterly corner of said Miller Avenue
No. 3 Annexation; thence leaving said Southwesterly
line of said easement along the Southwesterly line of
said Miller Avenue No.3 Annexation, South 7l030t
West 123.48 feet, more or less, to the line common to
Ranch Lots 11 and 16 as said Lots are shown on the map
accompanying said Final Report and shown on that certain
Record of Survey Map of a 28.087 acre parcel of land
filed for record in Book 147 of Maps at page 21, Santa
Clara County Records; thence along the line common to
said Ranch Lots 11 and 16, as shown on said Record of
Survey and described in said Ordinance No. 742, the
three following courses and di.stances:
South 4049tEast 469.29 feet,
South 57015t40"East 868.00 feet, and
South 570Q2t50ttEast 330.58 feet
to the Northeasterly corner of said 28.087 acre parcel
in the line common to Ranch Lots 11 and 15, as shown
on the map accompanying said Final Report; thence along
the Westerly line of said Lot 15, North 617.70 feet,
more or less, to the Northwesterly corner of said Lot
15; thence along the Northerly line of said Lot 15, East
1805.80 feet, more or less, to the Southeasterly corner
of said 169.06 acre tract at an angle point in the general
Northerly line of the "Thomas Mesa Annexation to the
City of Gilroy" as described in Ordinance No. 846 adopted
by the City of Gilroy on March 17, 1969; thence along
the Northeasterly line of said 169.06 acre tract being a
City Limit Line of the City of Gilroy, North 20000tWest
2684.75 feet, more or less, to the point of beginning,
containing 135.23 acres, more or less. (k.I~
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
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ORDINANCE NO. 1016
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 "STELLING
ANNEXATION 73-8 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 6th day of May, 1974, by the following
vote:
NOES:
ABSENT:
COUNCILMEMBERS : DeBELL, DUFFIN, HUGHAN, PATE,
STOUT and GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SILVA
AYES:
y;~
Mayor
ATTEST:
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City q
,
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ORDINANCE NO. 1016
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No.l016 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 6th day of
May
, 19 li-, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Offi~~r seal of the Ci ty of G II roy, this 9th
12-{o tPJ71tL/ tel t;;;;;;;;7
City Clerk of the City 0 Gilroy
da y of
May
, 19 1!L.
(S ea I)