Ordinance 1976-11ORDINANCE NO, 76-11
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNI~L~BITED TERRITORY DESIGNATED
AS "PACHECO PASS ANNEXATION 76-2 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 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 pro-
posed 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 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
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ORDINAiqCE NO. 76-11
has held the said hearing, in accordance therewith, made its
determination upon the proposed annexation, and has approved
said annexation as proposed; and
W}IEREAS, 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
W}IEREAS, 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
ORDINAi~CE NO. 76-11
is taxable for said purpose; and
WHEP, EAS, 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 Ranchlots 43 & 44 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 also a portion of
that certain 41.117 acre parcel of land shown as Parcel One,
Henry Brem on Map entitled "Record of Survey for Brem
~rothers in Ranchlots 43, 44 and 47" which map is recorded
zn Book 69 of Maps at page 17, Records of Santa Clara County,
and being more particularly described as follows:
BEGINNING at the intersection of the Southwesterly line
of the Pacheco Pass Highway with the line common to the
Rancho Las Animas & San Ysidro, and running thence along
said common line S~31°26'55"E. 169,43 feet to the northwesterly
line of that certain parcel of land conveyed to the State of
California by deed from Henry Brem, recorded in Volume 8098
at page 543, Official Records of Santa Clara County; thence
along said northwesterly line S.75~33~39"W. 268~59 feet;
thence along a curve to the right with a radius of 347.00
feet, through a central angle of 26°29'30'' for a distance of
160.44 feet to an intersection with the line common to Las
Animas Ranchlots 43 & 44 as shown on said Record of Survey
Map; thence along said common line N.0°47'55"E. 271.68 feet
to the northerly common corner to said Ranchlots in the south-
westerly line of Pacheco Pass Highway; thence along the south-
westerly line of said Highway, being also the southwesterly
line of Pacheco Pass Annexation 70-6 to the City of Gilroy as
described in Ordinance No. 888 of said City adopted June 15,
1970 S.73~49'55"E, 57,80 feet and S.81°27"55"E. 274~43 feet
to the point of beginning, and
CONTAINING THEREIN 1,899 acres of land.
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ORDINANCE NO. 76-11
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 "PACHECO
PASS ANNEXATION 76-2 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 19th day of July, 1976, by the
following vote:
AYES:
COUNCI~ERS:
CHILDERS, DeBELL, DUFFIN, LINK,
PATE, STOUT and GOODRICH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
- Mayor
ATTEST:
ORDINANCE NO. 76-11
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 76-11 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 July. , 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 Giiroy, this 23rd day of 0uly
~Ci-ty Clerk of the Ci~ty~6f Gilroy ~
(Seal)
, 1976