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Ordinance 1977-16 ORDINANCE NO, 77-16 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "EAST FREEWAY ANNEXATION 77-2 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 annexa- tion, 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 Qilroy 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. 77-16 Section ~: 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 Parcel 2 as shown on Record of Survey Map filed for Record on April 16, 1956 in Book 69 of Maps at page 17, Records of Santa Clara County, California, and being more particularly described as follows: BEGINNING at the northeasterly corner of that certain parcel of land conveyed to the State of California for State Highway Purposes (101 Freeway) by Final Order of Condemnation as recorded in Volume 8699 at page 285, Official Records of Santa Clara County, said northeasterly corner being in the northerly line of P~rcel 2 as shown on said Record of Survey Map and running thence along the northerly line of Parcel 2 S.89°09'35'' E~ 279.27 feet to a corner to said Parcel 2 in the westerly line of Parcel 3 as shown on said Record of Survey Map; thence along the line common to said Parcel 2 and 3 S.0°50'25"W. 306.08 feet, S.89~09'35"Ei 379~09 feet and S.0~50'25"W. 708.05 feet to the southerly common corner to Parcels 2 and 3; thence along the southerly line of said Parcel 2 N.89~09'35"W. 117.24 feet to the northeasterly corner of the "Fourth Southern Addition to the City of Gilroy" as described in Resolution No. 896 of said City adopted March 3, 1965; thence continuing along the southerly line of said Parcel 2 and the northerly line of said Fourth Southern Addition N.89~09'35"W. 671.88 feet to the intersection thereof with the easterly line of said State Highway; thence along said easterly Highway line N.12°57'40"E. 28.13 feet and N.8~44'42"E. 647.80 feet; thence continuing along said easterly line along a curve to the left with a radius of 5000.00 feet, through a central angle of 3°58' 31" for a distance of 346.91 feet to the point of beginning, and CONTAINING THEREIN 14.052 acres. 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 in- debtedness 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 "EAST ~REEWAY ANNEXATION 77-2 TO THE CITY OF GILROY." -2- ORDINANCE NO. 77-16 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 18th day of April, 1977, by the following vote: AYES NOES: ABSENT: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT & GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ~~OVED: Mayor ORDINANCE NO. 77-16 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.77-.16 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of April. , 19 77 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officl/~l seal of the~ity of Gilt,y, this 19th day of April , Z~ity Clerk of the City of Giiroy ~ (Sea ! ) 1977 ....