Ordinance 1975-05ORDINANCE NO. 75-5
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "PACHECO PASS ANNEXATION 75-2 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 cgrtain 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
the said hearing, in accordance therewith, made its determination
ORDINANCE NO. 75-5
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upon the proposed annexation, and has approved said annexation as
proposed; and
~EREAS, 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 foregoing
a~ ~ ~
~ac~s, 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, ef property within said territory~
to pay any and all bonded and other indebtedness and 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
ORDINANCE NO. 75-5
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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 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 inter-
section of the centerline of Miller Slough with
the Southerly line of Pacheco Pass Highway (66
feet wide) as sho~n on a map of the "Record of
Survey of a Portion of Rancho San Ysidro, (John
Gilroy Grant) Gentry Division Consolidated Foods
Corporation", said map is recorded in the Office
of the County Recorder of Santa Clara County,
California, in Book 69 of Maps, at page 23
therein; thence along the said centerline of
Miller Slough being the existing City Limits line
of the City of Gilroy as established by the Pacheco
Pass Annexation 70-6, Ordinance 888 on June 15,
1970, the following courses and distances:
S06° 30' W, 135.00 feet;
S40° 40'E, 162.76 feet;
and S21° 45' E, 220.00 feet to the
point of intersection with the southeasterly line of that
certain 18.634 acre parcel of land conveyed to
Camille T. Serafin, et al, through Judgment of Final
Distribution and recorded by instrument on October 1,
1973 in the office of said county recorder, in Book
0588 of Official Records, at page 618 therein; thence
along the boundary of said 18.634 acre parcel of land
S51° 15'W. 825.06 feet to the easterly line of that
certain parcel of land conveyed to Luigi Matteucci by
deed, filed for record in the office of the said
county recorder in Book 470 of Official Records, at
page 134 therein; thence along said easterly line of
said land of Matteucci N32° 09' W, 1345.14 feet,
more or less, to the point of intersection with the
ORDINANCE NO. 75-5
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said southerly line of Pacheco Pass Highway (being
also the existing City Limits line); thence along
said southerly line of Pacheco Pass Highway, the
following courses and distances:
S83° 24' E, 744.56 feet to the point of
tangency with a 1967 foot radius curve
to the right;thence along the arc of said
curve through a central angle of 3° 12'
an arc length of 109.86 feet; thence S80°
12'E, 304.53 feet to the Point of Beginning
and containing 18.634 acres of land to be annexed.
Sectio~ I__I: 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 tot he 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 "PACHECO PASS
ANNEXATION 75-2 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 7th day of April, 1975, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, LINK,
PATE, STOUT and GOODRICH
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
ATTEST:
ORDINANCE NO. 75-5 -4-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 75-5 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
75
said Council held on the 7th day of April. , 19~, at which
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 8~h. day of April
/.City Clerk of the Cit~ of Gilroy
(Seal)
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