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Ordinance 1977-05ORDINANCE NO. 77-5 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MURRAY AVENUE ANNEXATION 76-7 TO CITY OF GILROY" WHEREAS, a written petition has 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, asking that there be annexed to the City of Gilroy certain uninhabited territory located in the County of Santa Clara, State of California, hereinafter more particularly described; and WHEREAS, said petition has been signed and consented to by the owners of all of the land in the territory proposed to be annexed and said territory is contiguous to the City of Gilroy; and WHEREAS, an application for annexation of the said premises has been filed with the Santa Clara County Local Agency Formation Commission, and said Commission did make its determination upon the proposed annexation, and has approved and authorized said annexation as proposed pursuant to section 5497.1 of the Government Code; and WHEREAS, pursuant to Section 35015 of the Government Code the territory is to be annexed without notice and hearing, and without an election; 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 property within said territory may be taxed by the City of Gilroy to pay any indebtedness or liability of said City contracted prior to or existing at the time of annexation. NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: -1- ORDINANCE NO. 77-5 Section I: Under the authority of the said "Annexation of Un- inhabited 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 the uninhabited territory particularly described as follows: BEING a portion of Lot 5 as shown on "Map of the Sub- division of the Southerly Portion of Las Animas Ranchlot 34 and Sub Lot 2", which map is filed for record in Book "M" of Maps at page 79, Records of Santa Clara County, California, and being more particularly described as follows: BEGINNING at a point in the southwesterly line of Murray Avenue distant thereon N.22°20'W. 79.20 feet from the intersection thereof with the line common to Lots 5 and 6, as shown on said map, said point of intersection being also the most westerly corner of the "Burke Drive Annexation 69-1" to the City of Gilroy as described in Ordinance No. 852 of the City of Gilroy adopted May 19, 1969, and running thence from said point of beginning N.22°20~W. along the southwesterly line of Murray Avenue, being also the existing corporate limits of the City of Gilroy as described in "Murray Avenue No. 1 Annexation 71-8", Ordinance No. 953 of said City adopted April 17, 1972, 184.80 feet to the intersection thereof with the line common to Lots 4 and 5, as shown on said map; thence along the line common to Lots 4 and 5 S.67°40'W. 792.00 feet to the southwesterly common corner to said Lots; thence along the southwesterly line of Lot 5 S.22~20'E. 184.80 feet; thence parallel with the line common to Lots 4 and 5 N.67°40'E. 792.00 feet to the point of beginning. ~'~i 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 its annexation to said City, to pay any indebtedness or liability of the City of Gilroy contracted prior to or existing at the time of annexation, said property to be taxed equally with other property in said City taxable for such purposes. Section III: The said territory hereby annexed to the City of Gilroy is hereby designated as "MURRAY AVENUE ANNEXATION 76-7 TO CITY OF GILROY". -2- ORDINANCE NO. 77-5 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 February, 1977, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED: Mayor ATTEST: / ' City Clerk -3- ORDINANCE NO. 77-5 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 77-5 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of Februar~v , 1977 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offic,~al seal of the City of Gilroy, this9th City Clefk of the City of Gilroy ~ (Seal) day of Februar~v .., 1977 ...