Ordinance 1976-20ORDINANCE NO, 76-20
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE EXCLUSION
THEREFROM OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "BELLEZZA EXCLUSION 76-4 FROM THE CITY OF GILROY"
WHEREAS, the Council of the City of Gilroy has initiated pro-
ceedings in accordance with the provisions of Section 35500 to
35526, inclusive, of the Government Code, to exclude from the City
of Gilroy as uninhabited territory certain land located in the City
of Gilroy, County of Santa Clara, State of California, therein and
hereinafter more particularly described; and
WHEREAS, notice of intention to exclude 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 exclusion 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
exclusion, and did give notice of said hearing, as required by Section
54793 of the Government Code, and has held the said hearing, in
accordance therewith, made its determination upon. the proposed annexation,
and has approved said annexation as proposed; and
WHEREAS, the Council did not initiate any proceedings to exclude
the said territory on its own motion until after it did file a notice
of intention to exclude the said territory with the said Local Agency
Annexation Commission and no fur~'ber activin was taken concerning the
proposed exclusion until the said Commission rendered its decision,
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ORDINANCE NO. 76-20
as provided for in Section 35561.4 of the Government Code; and
WHEREAS, the said Council of the City of Gilroy did heretofore
and on the 1st day of November, 1976, adopt Resolution No. 76-51
fixing Monday, the 15th day of November, 1976, at the hour of 8:00
o'clock p.m. of said day in the Council Chambers in the City Hall,
Gilroy, California, as the time and place for the hearing of said
proposal to exclude said territory, which Resolution complied with the
provisions of Section 35561.4 of Government Code; and
WHEREAS, notice of the said hearing has been given as required by
publication of a copy of said Resolution in the GILROY EVENING DISPATCH,
a newspaper published in the said City of Gilroy, on the 5th day of
November, 1976, as required by law, Bnd the previous order of the
Council, and also by giving notice of the time and place of the hearing
to all persons and bodies to whom the law requires such notices to be
given, all in the manner and within the time required by law; and
WHEREAS, the said Council of the City of Gilroy has now held the
said hearing and no protest, written or oral, having been made to the
proposed exclusion, and the said Council having duly considered the
matter of said exclusion 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~excluded from the said City of Gilroy;
and
WHEREAS, the City has not incurred any expense for the construction
or installation of any facilities or improvements on the property so
excluded, and no reimbursement to the City by the landowners is required;
and
WHEREAS, the said Council has found and does hereby find that all
of the allegations, declarations and statements contained in the fore-
going portion of this Ordinance to be true and correct,
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ORDINAi,~CE NO. 76-20
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
Section I: Under the authority of Sections 35500 to 35526 of
the Government Code of the State of California, and particularly
Section 35561.4, there is hereby excluded from the City of Gilroy
as previously annexed uninhabited territory the property and premises
hereinbefore mentioned, which are more particularly described as
follows, to wit:
Ail that certain real property in the City of Gilroy,
County of Santa Clara, State of California, described
as follows:
BEING a portion of that certain annexation to the City
of Gilroy entitled "Marcella 70-7" as described in Ordinance
No. 907 adopted by the City C6uncil on January 18, 1971,
said point being also a portion of Lot 1, as shown upon
that certain map entiled, "Map of Las Animas Ranch Lot No~
37 as subdivided for Mrs. Johanna Fitzgerald", which map
was filed for record in the office of the Recorder of the
County of Santa Clara, State of California, on March 12,
1889, in Book D of Maps, at page 75, and more particularly
described as follows:
BEGINNING at a 2" x 3" stake marked "1" standing on the
westerly line of Marcella Avenue, formerly Fitzgerald
Avenue, being also the Easterly line of said Lot 1, from
which stake the most easterly corner of said Lot 1 at the
point of intersection of the northerly line of the Leavesley
Road, with the westerly line of Marcella Avenue, bears
South 25° 20' East, 1,017,72 feet; running thence South 64°
39' West, 1736.45 feet to a stake marked "2" standing on the
westerly line of the aforementioned Lot 1; thence along said
westerly line, North 25° 20' West, 1,017~79 feet; thence
North 64° 39' East, 1736.19 feet to a stake marked W.1 standing
on the westerly line of Marcella Avenue; thence along the
westerly line South,25~ 20' East, 1,017.79 feet to the place
of beginning, cX~lc~-~_.--!~
Section II: Said Council does hereby further declare that no
reimbursement to the City is required from the landowners, since no
facilities or improvements have been installed by the City on the
property so excluded.
Section III: The said territory hereby excluded from the City
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ORDINANCE NO 76-20
of Gilroy is designated as "BELLEZZA EXCLUSION 76-4 FROM THE CITY
OF GILROY" and was previously designated as a 41.03 acre portion of
"MARCELLA ANNEXATION 70-7 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 November, 1976, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, PATE,
STOUT and GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS: LINK
APPROVED:
Mayor
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ORDINANCE NO. 76-20
offlc~.ff~ seal of the City of,~Gilroy, this
/-'city Clerk of th~ City of Gilroy ~ .....
(Seal)
I, SUSANNE E. STEINt4ETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No..,76-20j . is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 15th day of November 1976 ~ at which
meeting a quorum was present.
IN ~/ITNESS 14HEREOF~ I have hereunto set my hand and affixed the
17th day of November ,
1976