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Ordinance 1976-16ORDINANCE NO. 76- 16 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "PAPPANI ANNEXATION 76-3 TO T~ CITY OF GILROY" IN AI~D AS A PART OF SUCH MUNICIPALITY FOR THE GOVERiYMENT A~ND MUNICIP~ CONTROL THEREOF. ~tEREAS, 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 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 -1- ORDINANCE NO. 76-16 Section 54793 of the Govermnent Code, and has held the said hearing, in accordance therewith, made its determination upon the proposed annexation; 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 tke 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 auly 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 -2- ORDIN~qCE NO. 76-16 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 Unin- habited 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: BEING a~portion of Lots 7, 8, 9 and 10 as shown on Map of a Subdivision of the Lands of S. P. Fine in the Solis Rancho, Santa Clara County, California, recorded in Book "F-2" of Maps at page 46, Records of Santa Clara County and being more particularly described as follows: BEGINNING at a 1 inch iron pipe at the southwesterly corner of Lot 119, Tract 4849, Unit #2 Northwood as shown recorded in Book 271 at pages 8 and 9, Records of Santa Clara County, said point also being on the southerly line of Lot 10 as shown on the first above referred map of S. P. Fine Subdivision and running thence along said southerly line 9. 10. 1. S. 89° 48' W. 1150.00 feet; thence leaving said southerly line 2. N. 15° 30' W. 210.00 feet; thence 3. S. 89~ 48' W. 200.00 feet; thence 4. N. 15 1/4~ 30' W. 756,52 feet; ~ence 5. N. 89~ 50' E. 190,33 feet; thence 6. N. 0° 10' E. 240,00 feet to a point in the northerly line of Lot 7 as shown on the first above referred map of S. P. Fine; thence along said northerly line of Lot 7 7. N. 89° 50' E. 710.00 feet to the northwesterly corner of the above referred Tract 4849; thence along the westerly and. southerly boundaries of said Tract 4849 S. 0' 10' E. 378.50 feet; thence N, 89' 50' E. 639,36 feet; thence along a curve to the right having a radius of 125,00 feet through a central angle of 95~ 06' for a distance of 207.48 feet; thence 11. S. 04° 56' W. 659.33 feet to the point of beginning, and -3- ORDINANCE NO. 76-16 EXCEPTING THEREFROM that certain 1,06 acre Annexation 70-8 to the City of Gilroy by Ordinance No~ 913 dated 2-22-71 and more particularly described as follows; BEING A PORTION OF Lots 9 and 10 as shown on that certain "Map of a Subdivision of the Lands of S, P. Fine in the Solis Rancho, Santa Clara County, California" recorded in Book "F-2" of Maps at page 46, Records of Santa Clara County and being more particularly described as follows: BEGINNING at the northeasterly corner of that certain 1,017 acre parcel of land shown on the Record of Survey for Pappani et al, filed for Record in the Office of the Recorder of Santa Clara County, California, in book 99 of Maps at Page 52 therein; Thence along the boundary of said parcel of land the following courses and distances: S. 5° 48' W. 300.00 feet; S. 89° 51' W., 150.00 feet; N. 5° 48' E., 300.00 feet; 150.00 feet to the point of beginning together with the following described 10 foot wide strip of land the centerline of which is described as follows: Beginning at a point which bears S. 89° 51' W., 8.94 feet from said northeasterly corner; Thence N. 0° 10' W., 136.03 to the southerly common corner of Lots 155 and 154 of tract 4849 "Northwood" Unit No, CONTAINING Tt~REIN 1,06 ACRES OF LAND MORE OR LESS", and also EXCEPTING THEREFROM that certain 1.794 acres Annexation 70-3 to the City of Gilroy by the Board of Supervisors dated 7-21-70 and more particularly described as follows: Ail that certain real property situate in the County of Santa Clara, State of California, described as follows: BEING a portion of Lots 8 and 9, as shown on '~ap of a Sub- division of the Lands of S. P. Fine in the Solis Rancho, Santa Clara County, California", recorded in Book "F-2" of Maps, at page 46, Records of Santa Clara County, and being more particularly described as follows: BEGINNING at the northeasterly corner of Lot 7 in'the centerline of Morey Avenue as shown on said Map; Thence along the northerly line of said Lot 7 1477.02 feet; Thence S. 0° 10' E. 433.40 feet to'the TRUE POINT OF BEGINNING; said True Point of Beginning being the northeasterly corner of that certain 1.794 acre parcel conveyed by grant deed to the City of Gilroy from Guerino D. Pappani et al, recorded in the Office of the County Recorder of Santa Clara County, California, in Book 8515 of Official Records at page 48 therein; Thence following the boundaries of the said 1.794 acre parcel ~he following courses and distances: -4- ORDINANCE NO. 76-16 S. 0° 10' E. 250,00 feet; S. 89° 50' W. 295.00 feet; N. 8° 08' i0" W~ 252~44 feet; and N, 89° 50' E., 330.00 feet to the True Point of Beginning, and CONTAINING TtiEREIN 1,794 acres CONTAINING THEtLEIN a total of 30.045 acres net, 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 "PAPPANI ANNEXATION 76-3 TO TIE 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 September, 1976, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: CHILDERS, DeBELL, LINK, PATE, STOUT and GOODRICH. COUNCII2~MBERS: None COUNCII~MBERS: DUFFIN APPROVED: ATTEST: /~ Czty Cl~rk ~ ORDINANCE MO. 76-16 -5- I, SUSANNE E. STEINHETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 76T16is an original ordi~ance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of Segtember, 19 76, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officie.~ seal of the City of Gilroy, this City Clerk of the City of Gilroy U ' (sea ! ) 8th.. day of September , 19 76 ·