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
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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
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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
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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:
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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
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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 ·