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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 -1- 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 -2- 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 -3- 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) ,, 19 75 ·