Ordinance 1975-19ORDINANCE NO~ 75-19
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "GILROY UNIFIED SCHOOL DISTRICT A~NEXATION 75-4
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
WttEREAS, 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
ORDINANCE NO. 75-19
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the said hearing, in accordance therewith, made its determination
upon the proposed annexation, and has approved satd annexation as
proposed; and i
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 foregoing
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
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ORDINANCE NO. 75-19
is taxable for said purposei and
~fHEREAS, 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 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 the Northeasterly corner of Lot 4,
as shown upon that certain map entitled, "Map of
Massey Thomas Senior Subdivision of Las Animas
Ranch Lot No. 15", which map was recorded on
April 15, 1893 in Book "G" of Maps, at page 59,
Santa Clara County Records, which said point bears
N 89Q 59' 31" W, 152.82 feet from the Southeasterly
corner of that certain 169.06 acre tract of land
described in the deed from Miller & Lux Inc. to
F. E. Stelltng recorded January 27, 1927, in Book
296 of Official ReCords, at page 249, Santa Clara
County Records; said Southeasterly corner of said
169.06 acre tract of land is also the most Easterly
corner of that certain 135.23 acre parcel of land
annexed to the City of Gilroy on May 6, 1974 by
Ordinance 1016 and known as the "Stelling Annexation
73-8";
Thence along the Southerly line of said annexation
(being the Northerly line of said Lot 4), N 89Q .59'
31" W, 1653.96 feet to the Northwesterly corner of
said Lot 4 (being also a corner of said Stelling
Annexation);
Thence Southerly along the Westerly line of said
Lot 4 (being an Easterly line of said Stelltng
Annexation), S 00° 01' 37" E, 623.24 feet to a 2"
iron pipe marking the centerltne of Carnedero Creek,
as shown on said Map of Massey Thomas Senior Sub-
division of Las Animas Ranch Lot No. 15;
Thence along Carnedero Creek, S 59" 00'' E, 850,74
feet to a point;
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ORDINANCE NO. 75-19
Thence leaving Carnedero Creek, N 58° 00' E,
70,00 feet~ ,~
Thence S 89° 01' 02" E, 864.35 feet tO the point
of intersection with the Easterly lin~ of said Lot
4;
Thence along said Easterly line of Lot 4, N 00" 02'
50" E, 228.90 feet to corner of the existing City
Limits as established by the Thomas-Mesa Annexation
69-1, by Ordinance 846 on March 18, 1969;
Thence continuing along said Easterly line of Lot 4,
being the Westerly line of said Thomas-Mesa Annexation,
N 00° 02' 50" E, 810.00 feet to the Point of Beginning,~
and containing 35.999 acres of land to be annexed. ~_k~lo-
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 "GILROY UNIFIED
SCHOOL DISTRICT ANNEXATION 75-4 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 15th day of September , 1975, by
the following vote:
AYES:
COUNCILMEMBERS:
CHILDERS, DeBELL, LINK PATE, STOUT
and GOODRICH
NOES: COUNCI~BERS: NONE
ABSENT: COUNCILMEMBERS: DUFFIN
APPROVED
City ~lerk
ORDINANCE NO. 75-19
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Giiroy, do hereby
certify that the attached Ordinance No. 75-[9 is an original ordinance,
duly adopted by the Council of the City of Giiroy at a regular meeting of
said Council held on the [Sth day of September ...... , 1975 , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
offici~ seal of the City of G!~lroy, this [Tth.. day of S_eptember
City Clerk o* the Ci[¥ ;* ~'ilroV - ~
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