Ordinance 1977-28ORDINANCE NO. 77-28
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "HECKER PASS AI~NEXATION 77-5 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
~REAS, an application for annexation of the said premises has
been filed with the Santa Clara County Local Agency Formation
Commission, and said Con~nission~ did make its determination upon the
proposed annexation, and has approved and authorized said annexation
as proposed pursuant to section 54797.1 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
~{EREAS, 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:
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ORDINANCE NO. 77-28
Sect~Qn ~: Under the authority of the said "Annexation of
Uninhabited 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 K and all of Lot H as shown on the
"Map accompanying the report of the Referees in the
Partition of the lands of the Estate of L. Fine, dec'd"
which map is filed for record on August 23, 1892 in Book
"F" of Maps at page 9, Records of Santa Clara County,
California~ and being more particularly described as
follows:
BEGINNING at the northwesterly corner of tIecker Pass
Annexation 72-4 to the City of Gilroy as described in
Ordinance No. 96% of the City of Gilroy adopted July
17, 1972, said point of beginning being also the point of
beginning of "Morey Avenue Annexation 76-6" to the City
of Gilroy as described in Ordinance No. 77-9 of said City
adopted March 7, 1977 and being also the northerly common
corner to Lots H and K, as shown on said Partition Map
above referred to, and running thence along the line common
to Lots H and K and the westerly line of said Hecker Pass
Annexation 72-4 South 507.75 feet; thence leaving said Lot
Line and following the boundary of said Hecker Pass Annexation
72-4 S.69°35'E~ 212.49 feet, S.3°20'W. 148.60 feet, S~63°29~W.
164.04 feet and S.34~53'E. 274.91 feet to the southwesterly
corner of said Annexation in the centerline of Hecker Pass
Hig~ay (shown as Bodfish Mill Road on said Partition Map);
thence along the centerline of Hecker Pass Highway and the
southerly line of said Annexation N.80°54'E. 656.58 feet and
N. 70°04'E. 599.45 feet, more or less, to the northwesterly
corner of Hecker Pass - Morey Avenue Annexation 66-.1 to the
City of Gilroy as described in Resolution #1013 of said
City adopted May 2, 1966; thence along the westerly line of
said Annexation S.4°30'W. 36~25 feet, more or less, to the
intersection thereof ~ith the southerly line of Hecker Pass
Highway (66' wide); thence along said southerly line S.70°
04'W. 587.56 feet and S.80°54'W. 1755.93 feet, more or less,
to the intersection thereof with the southerly prolongation
of the line common to Lots G and H as shown on said Partition
Map; thence along said prolongation North 38.42 feet to the
southerly con, on corner to said Lots in the centerline of
Hecker Pass Highway; thence along the line common to Lots G
and H North 1209.12 feet to the northerly common corner thereof
in the southerly line of said Morey Avenue Annexstion 76~6
to the City of Gilroy; thence along said southerly line and
the northerly line of Lot H S~89°46'E. 877.14 feet to the ·
point of beginning, and
CONTAINING THEREIN 26~389 acres, more' or less, in this
annexation.
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ORDINANCE NO. 77-28
Section Il: 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 "HECKER PASS ANNEXATION 77-5 TO
THE CITY OF GILROY"
Section I__V: 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 August, 1977, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
CHILDERS, CUNNINGHAM, HUGHAN,
LINK, STOUT and GOODRICH
COUNCI~IEMBERS: NONE
COUNCILMEMBERS: PATE
APPROV~ED: ~; /~
ATTEST: SUSANNE E. STEINMETZ
City ~71erk
Deputy C~ty Clerk
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ORDINANCE NO. 77-28
I, SUSANNE E. STFINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No.77-2~R 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 August , 19 77..., at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the C. ity of Gilr~.oy, t_~his 24th day of August .., 1977.,
'City Clerk of the City of I~ilroy ~.
(Seal)