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Ordinance 1977-09ORDINANCE NO. 77-9 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MOREY AVENUE ANNEXATION 76-6 TO THE 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. 77-9 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 the uninhabited territory particularly described as follows: BEING a portion of Lots 11 and 12 as shown on "Map of a Sub- division of the Lands of S. P. Fine in the Solis Rancho, which map is filed in Book F-2 of Maps at page 46, Records of Santa Clara County, California, and being more particularly described as follows: BEGINNING at the northwesterly corner of Hecker Pass Annexation 72-4 to the City of Gilroy as described in Ordinance No. 962 of the City of Gilroy adopted July 17, 1972, said point of beginning being also the northerly common corner to Lots H and K as shown on Map of the Partition of the Lands of L. Fine, dec'd., filed for record in Book "F" of Maps at page 9, Records of Santa Clara County, and running thence along the northerly line of said Hecker Pass Annexation 72-4 and the northerly line of said Lot K S.89°54'E. 314.93 feet to the southwesterly corner of Hecker Pass - Morey Avenue Annexation 73-7 to the City of Gilroy as described in Ordinance No.iOO4 of said City adopted December 17, 1973; thence along the westerly line of said Annexation N. 52Q05'10"W. 92.55 feet and N.21~29'E. 327.21 feet to the northwesterly corner thereof; thence along the northerly line of said Annexation N.89°45'E. 1149. 92 feet to the north- easterly corner thereof in the original westerly line of Morey - Avenue and the westerly line of Hecker Pass - Morey Avenue Annexation 69-1 to the City of Gilroy as described in Ordinance No. 879 of said City adopted February 19, 1970; thence along said westerly line N.4Q56'E. 385.10 feet to the intersection thereof with the northerly line of Lot 11 above referred to; thence along the norhterly line of Lot 11 and the southerly line of said Hecker Pass-Morey Avenue Annexation 69-1 S.89~51'W. 557.24 feet to the southwesterly corner of said annexation, being also the southeasterly corner of Pappani Annexation 76-3 to the City of Gilroy as described in Ordinance No. 76-16 of said City and adopted September 7, 1976; thence along the southerly line of said Annexa- tion and the northerly line of Lot 11 S.89~51'W. 1150.00 feet to the southwesterly Corner of said Annexation; thence continuing along~the northerly line of Lot 11 S.89~51'W. 1451.24 feet to the northwesterly corner of Lot 11; thence along the westerly line of said Lots 11 and 12 South 737.75 feet to the southwesterly corner of Lot 12; thence along the southerly line of Lot 12 S.89~ 46'E. 1632.43 feet to the point of beginning, and CONTAINING THEREIN 43.51 acres, more or less, in this annexation.~W~ 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 -2- ORDINANCE NO. 77-9 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 "MOREY AVENUE ANNEXATION 76-6 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 7th day of March, 1977, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DeBELL, LIIfK, PATE, STOUT and DUFFIN NONE CHILDERS and GOODRICH APPROVED: ' Mayor ~o Tem ATTEST: ORDINANCE NO. 77-9 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.77-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of 77 said Council held on the 7th day of March 19~, 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 Gilroy, this 15th day of ~ity clerk of the Ci G[ (Seal) Marnh , 19 77,-