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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 -1- 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 -2- 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. -3- 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: "J ""Jt '_" 1t. . --- '~.----- . l~j/ "'-~>t/J'~"h1-~ l City <;'1 k ! -4- 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)