Ordinance 1018
ORDINANCE NO. 1018
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "CASTLEWOOD PARK ANNEXATION 74-lA 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 herein-
after 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, 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
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
-1-
ORDINANCE NO. 1018
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 manner 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 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:
-2-
ORDINANCE NO.
Section I~ Under the authority of the said tlAnnexation of
Uninhabited Territory Act of 193911, 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 No. 16, as shown upon
that certain Map entitled, llMap No.7, accompanying
the final report of the Referees in the Partition
Suit of Henry Miller, et aI, vs. Massey Thomas, et
aI, in the Superior Court of the State of California,
County of Santa Clarall, Case No. 5536 and more
particularly a portion of lands of San Martin Vine-
yards Co., a co-partnership, by deed recorded in Volume
2627 at page 215 of Official Records of Santa Clara
County, described as follows:
BEGINNING at a point in the southeasterly line of
tlCastlewood Park Annexation 67-ltl to the City of
Gilroy as described in Resolution No. 1163 of said
City, adopted January 22, 1967, at the southwesterly
corner of Castlewood Park Annexation 72-2" to the
City of Gilroy by Ord i nance No. 956 dated May,
15, 1972 and running thence along the southerly
and easterly line of the boundaries of said Annexation
72-2, S. 890 08t 36u E. 1035.04 feet, No. 0051' 24tl E.
194.95 feet, S. 89017' 59" E. 418.00 feet, N. 00 51'
24" E. 125.00 feet to a point in the boundary of
llGastlewood Park Annexation No.3" to the City of
Gilroy as described in Ordinance No. 651 of said City,
adopted April 20, 1961, thence along said boundary
S. 890 17' 59tl E. 708.24 feet, S. 00 45' 44" W. 948.92
feet to the intersection thereof with the centerline
of Third Street as shown on the Subdivision Map of
"Castlewood Park, Unit No.4, Tract No. 3012 and
recorded in Book 136 of Maps at page 21, Santa Clara
County Records; thence continuing along the boundaries
of Castlewood Annexation No. 3 along a curve to the
right from a tangent bearing of N. 72013' 53" W.,
having a radius of 1000.00 feet and a central angle of
18032' 10" a distance of 323.52 feet and N. 890 13'
57" W. 146.64 feet to the northwesterly corner of
the lands conveyed to the Gilroy Unified School
District recorded in Book 4896 of Official Records
at page 254, Santa Clara County Records; thence
along the easterly and northerly line of Third Street
Annexation 70-11, to the City of Gilroy adopted by
Resolution No. 914 dated February 22, 1970 N. 150 20'
10" W. 15.62 feet and No. 890 08' 36" W. 735.24 feet
to the intersection thereof with the easterly line of
"Castlewood Park Annexation 72-1" to the City of Gilroy,
-3-
ORDINANCE NO.
adopted by Ordinance No. 950 dated March 6, 1972
thence along the easterly and northerly boundaries
of said "Castlewood Park Annexation 72-llf; N. 00
51' 24" E. 121. 00 feet, N. 890 08' 36lf W. 130.00
feet, N. 00 51' 24lf E. 165.00 feet, N. 89008' 36"
W. 50.15 feet, N. 00 51' 24" E. 105.00 feet, N. 890
08' 36" W. 680.00 feet and N. 740 19' 45" W. 165.00
feet to the northwesterly corner thereof in the
southeasterly line of "Castlewood Park Annexation
67-1 to the City of Gilroy; thence along said south-
easterly line N. 150 40' 15" E. 238.22 feet to the
point of beginning, and
CONTAINING THEREIN 32.546 acres of land. Ll \.)-~
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 "CASTLEWOOD
PARK ANNEXATION 74-lA 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 June, 1974, by the following
vote:
AYES:
COUNCILMEMBERS: DeBELL, HUGHAN, rATE, S IL Vi\, STOUT and
GOODRICH.
NOES:
ABSENT:
COUNCILMEMBERS : None
COUNCILMEMBERS: DUFFIN.
ATTES~ : "'1_1!;;:'
. .. J'I . . "i') .':.... '.,..
:J, 1,t.J;i/}n<LPJU'''~
i City Clerk /
APPROVED:
:?/l ~~/
r-'C.--v'~"we_p(__A~:5." ~
Mayor
-4-
ORDINANCE NO.
.~
/""
(
('
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 1018 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 17th day of
June
, I~L, at whi ch
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 18th day of
..{
./?~:J~ ., d~1c
Clerk of the City of Gilroy
June
, 19---1J.
(S ea 1)