Ordinance 1975-02ORDINANCE NO. 75-2
· AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "MANTELLI ANNEXATION 75-1 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, 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
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ORDINANCE NO. 75-2
the said h~aring, 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
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
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ORDINANCE NO. 75-2
taxed for said purpose equally with other property in said City
which is taxable for said purpose; and
~{EREAS, 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 Govern-
ment 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:
Beginning at an iron pipe marking the south-
easterly corner of that certain tract of land
described as Parcel One in the Deed from Maitland
Alfred Chappel, et ux, to Title Insurance and
Trust Company, a corporation, dated March 10, 1966,
and recorded in the Office of the County Recorder
of Santa Clara County, California, in Book 7308
of Official Records, at page 708 therein, said
point of beginning being also on the westerly line
of the Gilroy City Limits as established by
Mantelli No. 2 Annexation 70-14 adopted by the City
of Gilroy by Ordinance 917 on April 20, 1971;
thence southerly along said City Limits S 0° 10'
22" E, 23.76 feet to the southerly line of that
C&rtain 23.75 feet wide right of way as described
in the deed conveyed from said Title Insurance and
Trust Company to Bert Mantelli, et ux, on July 6,
1966 and filed for record in the Office of the said
County Recorder, in Book 7432 of Official Records,
at pages 574 and 575 therein; thence along said 23.75
feet wide right of way S 89° 50' W, 305.64 feet;
thence N 0° 10' W, 23.75 feet to the southwesterly
corner of that certain Parcel One as described in said
deed conveyed to Bert Mantelli, et ux; thence along
the boundary of said Parcel One~ the following courses
and distances:
N 0° 10' W, 293.22 feet;
S 89° 50' W, 111.00 feet;
N 0° 10' W, 236.00 feet;
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ORDINANCE NO. 75-2
N .89° 50' E, 196.00 feet;
S 0° 10' E, 236.00 feet;
S 89° 50' W, 54.00 feet; and
S 0° 10' E, 293.22 feet to the northerly line
of said 23.75 feet wide right of way;
thence along said northerly line of said 23.75 feet
wide right of way N 89° 50~ E, 274.64 feet to the Point
of Beginning, and containing 1.437 acres of land to be
annexed.
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 "MANTELLI
ANNEXATION 75-1 TO THE CITY OF GILROY"o
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 March, 1975, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: CHILDERS, DeBELL, LINK, PATE,
and GOODRICH
COUNCILMEMBERS: STOUI
COUNCILMEMBERS: DUFFIN
Approved:
Mayor
ATTESt:
'~ City Cle~r~
ORDINANCE NO. 75-2 -4-
I, SUSANNE E. STEINM£¥Z, City Clerk of the City of,Gilroy, do hereby
certify that the attached Ordinance No. 7§-2 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 March. , 19 75 , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
1~ Seal of the Ci~is
.//City Clerk of the City of Gilroy /~
(Seal)
24thday of March ,,
19 75 ,.