Ordinance 1976-08ORDIN~qCE NO~ 76-8
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS'EASTLEWOOD PARK ANNEXATION 75-5 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 Gi!roy 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 ha~ 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
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ORDINANCE NO. 76-8
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 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
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ORDINANCE NO. 76-8
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
Code of the State of California, there is hereby annexed to the City
of Gilroy as uninhabited territory the property and premises herein-
before mentioned, which are more particularly described as follows,
to wit:
BEING a portion of Las Animas Ranchlot No.
16 as shown on Map No. 7 accompanying the
Final Report of the Referees in the Las
Animas Rancho PartitiOn Suit, Action No.
5536 had in the Superior Court of the
State of California, in and for the County
of Santa Clara, and being more particularly
described as follows:
BEGINNING at the southwesterly corner of
Tract No, 5357, Castlewood Park, Unit No.
7 as recorded in Book 326 of Maps at pages
11 and 12, Records of Santa Clara County,
said point also being the most southeasterly
corner of Tract No, 4419, Castlewood Park,
Unit No. 5 as recorded in Book 233 of Maps
at page 50, Records of Santa Clara County
and running thence along the southerly line
of the above mentioned Tract 5357 and the
northerly line of the Lands of O'Connell
S.89°13'08"E. 2210.00 feet to a 1 inch
iron pipe at the southwest corner of the
Lands of the ~Gilroy Unified School District;
thence continuing along the northerly line
of the O'Connell property
S.89°05'E. 1009.24 feet; thence leaving
said ~ortherly line of O'Connell property
3. S. 0°43, 52"W. 344.97 feet; thence
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ORDINANCE NO. 76-8
S~89°16'08"E, 20.00 feet to a point in
the westerly line of the lands of Sam
& Doris Gurgiolo; thence along said
westerly line
S, 0°43~52"W, 255,00 feet to the most
southwest corner of said lands of
Gurgiolo; thence along southerly line
of O'Connell said line also being the
northerly line of the lands of Robert
Barbara Munson
6. N,89°14~38"W, 2589,40 feet; thence
7, N, 0°46~52"E, 287,75 feet~ thence
N,89°16'08"W. 1002,95 feet to a point
in the southeasterly line of Tract 3500,
Westwood Acres as recorded in Book 162
of Maps at pages 31, 32 and 33, Records
of Santa Clara County; thence along said
southeasterly line N,15°40~15"E, 325,05 feet
to the most southwesterly corner of the
above mentioned Tract 4419; thence along the
southerly line of Tract 4419,
S,89°!4'03"E, 269~06 feet to the point of
beginning, and
CONTAINING THEREIN 42,458 acres of land, more
or less,
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 "CASTLEWOOD PARK
ANNEXATION 75-5 TO THE CITY OF GILROY~"
Section IV: This ordinance shall take effect and be in full
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ORDINANCE NO. 76-8
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 19th day of April, 1976, by the following
vote:
AYES:
NOES;
COUNCILMEMBERS;
CHILDERS, DeBELL, DUFFIN, LINK,
PATE, STOUT and GOODRICH
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approve~d: ~
Mayor
ATTEST:
By
SUSANNE E. STEINMETZ
City C'lerk
~ Deputy Cit~T Clerk ~
ORDINANCE NO, 76-8
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 76-8 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 19th day of April , 19 76 , 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 21st day of April ,
1976
SUSANNE E. STEIiNMETZ
City Clerk of the City of Gilroy
-' ' ~ DepUty'1 City C1