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Ordinance 1977-10ORDINANCE NO. 77-10 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MILLER AVENUE ANNEXATION 76-5 TO THE CITY OF GILROY" W}~REAS, 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 annexatio~ 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 annexa- tion, and has approved and authorized said annexation as proposed pur- suant 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. 77-10 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 nhe uninhabited territory particularly described as follows: BEING A PORTION OF LOT NO. 16 of Las Animas Ranch, as shown upon that certain Map entitled "Map No. 7 Accompanying the Final Report of the Referees in the Partition Suit of Henry Miller, et al, vs. Massey Thomas, et al, in the Superior Court of the State of California, County of Santa Clara, Case No. 5536", more particularly described as follows: BEGINNING in the Southern corner of that certain annexation designated as: Sixth Western Addition (1-63) to the City of Gilroy, in Ordinance No. 694 adopted March 4, 1963, by said City; thence along the Eastern line of said annexation, N.15° 45'E. 537.34 ft., more or less, to its intersection with the general Southern boundary of that certain annexation designated as Castlewood Park No. 75-5 adopted April 19, 1976, by Ordinance No. 76-8 on the following courses: S89°05'E. 1002.95 ft.; S0°55'W. 287.75 ft.; and S89°08'E 2319.40 ft. to the Northwestern line of that certain annexation designated as Ninth Western addition as adopted September 11, 1964 by Resolution No. 859; thence leaving said boundary of Castlewood Park (75-5) and running along the boundary of said Ninth'Westarn Addition annexation on the following courses: Si°00'W. 729.00 ft. and S89°00'E. 200.00 ft. to the Northernmost corner of that certain annexation designated as Miller Avenue Annexation No. 1, adopted June 9, 1965 by Ordinance No. 742; thence along the boundary of said Miller Avenue Annexation No. 1 on the following courses: Si°00'W. 418.92 ft.; S88~00'W. 257.31 ft.; S67~45'W. 188.85 ft.; S53°00'W. 227~84 ft.; S32~40'W. 295.74 ft. and S30°00'll"W. 402.62 ft. to the center of Uvas or Carnadero Creek; thence leaving said boundary of Miller Avenue Annexation No. 1 and running along said creek line and boundary of that certain 317.25 acre parcel of land described in the Deed to Robert Carl Munson, Sr. and Barbara Munson, recorded in Book 8027 of Official Records, page 639, Santa Clara County Records on the following courses: N48~45'W. 144.472 ft.; N55~15' W. 373.56 ft.; N40~15'W. 511.50 ft.; N47~30'W. 385.44 ft.; N61°30' W. 679.80 ft.; N85~45'W. 605.22 ft.; N40°30'W. 547.80 ft.; and N61°55'W. 92.17 ft. to the POINT OF BEGINNING. Containing 96.89 acres of land, more or less.v~4o 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 indebted.- ness 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 -2- ORDINANCE NO. 77-10 property in said City taxable for such purposes. Section III: The said territory hereby annexed to the City of Gilroy is hereby designated as "MILLER AVENUE ANNEXATION 76-7 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 7th day of March, 1977, by the following AYES: vote: ATTEST: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DeBELL, LINK, PATE, STOUT and DUFFIN NONE City Clerk CHILDERS and GOODRICH APPROVED~ / Ma~or Pro~v ORDINANCE NO. 77-10 -3 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 77-10 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 March , 19 77 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official.~.s.eal~ of the City of Gl]roy, this 15th day of Marr. h , ~ity clerk of the cir. f Gilroy (Seal) 19 77, ·