Ordinance 1019
ORDINANCE NO. 1019
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS nCASTLEWOOD PARK ANNEXATION 74-lB TO THE CITY OF
GILROylt 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, 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
initiate any proceedings to annex the S~id territory on its own
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ORDINANCE NO. 1019
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:
Section I; Under the authority of the said "Annexation of
Uninhabited Territory Act of 1939", and Section 35015 of the Government
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ORD INANCE NO.
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, "Map No.7,
accompanying the final report of the Referees
in the Partition Suit of Henry Miller, et al,
vs. Massey Thomas, et aI, in the Superior Gourt
of the State of California, County of Santa Clara~
Case No. 5536 and more particularly a portion of
lands of San Martin Vineyards 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 the southerly line of the Third Street
Annexation 70-11 adopted in Resolution No. 914 dated
February 22, 1970 at the intersection thereof with
the westerly boundary of Castlewood Park Annexation
No.3, (Ordinance No. 651 dated April 20, 1961) and
running thence along said westerly boundary of
"Castlewood Annexation No.3" S. 15020' 10" E.
212.87 feet, S. 90 18' E. 165.50 feet, S. 2445'
20" E. 171.26 feet and S. 0046' 10" W. 293.50
feet to the intersection thereof with the southerly
line of lands of San Martin Vineyards Co., thence
along said southerly line N. 89013' 08" w. 640.00 feet
to the southeasterly corner of "Castlewood Annexation
72-5" to the City of Gilroy by Ordinance No. 977
dated February 20, 1973 thence along the boundary
line of said Annexation 72-5 N. 0046' 52" E. 166.00
feet, N. 89013' 08" W. 15.00 feet, N. 0046' 52ft E.
547.62 feet, N. 89008' 36" W. 188.50 feet, N. 0051'
24ft E. 4.00 feet, N. 89008' 36" W. 1.05 feet and
N. 00 -.51' 24" E. 115.00 feet to the intersection
thereof with the southerly line of Third Street Annexa-
tion 70-11; thence along said southerly line S. 890
08' 36" E. 745.70 feet to the point of beginning, and
CONTAINING THEREIN 12.534 acres. ct./f.- ( l~\
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.
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ORDINANCE NO.
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-lB 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, PATE, SilVA, STOUT and
GOODRICH.
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: DUFF I N
APPROVED:
)~/U?/,d#t-~~
Mayor
ATTEST:
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City <;'1 k
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ORDINANCE NO.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 1019 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
June
, 19~, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
off :1a 1 sea 1 0: ~he City of G ~ 1 roy: th i s 18th day of June
1Y '''',:) It/~/;" '/ .t~hd.,6
/ City Clerk of the CIty of G i I roy
, 19...!.!!. .
(S ea 1)