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Ordinance 1977-40 ORDINANCE NO. 77-40 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "THOMAS-MONTEREY ANNEXATION 76-8 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 Gilroyl and , WHEREAS, an application for annexation of the said pre~ses has been filed with the Santa Clara CountyLocal Agency Formation Co~m~is- sion, and said Commission did make its determination upon the p=oposed annexation, and has approved and authorized said annexation as p~opos~d 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 w~thout 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 ~REBY ORDAIN AS FOLLOWS: Section I: Under the authority of the said "Annexation of ORDINANCE NO. 77-40 -1- 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 aa follows: Being a portion of Lots 1 and 2 and a portion of Thomas~Road, as said Lots and Road are shown on that certain map entitled, "Map of Massey Thomas, Senior, Subdivision of Los Animas Ranch Lot No. 15", filed for record in Volume G of Maps, page 59, Santa Clara County Records, and also being a portion of that certain 2.361 acre strip of land for Princevalle Storm Drain described in the deed from F. & A. Ranch, a partnership, to Santa Clara County Flood Control and Water Conservation District recorded December 22, 1960, in Book 5021 of Official Records, page 260, Santa Clara County Records, and being more particularly described as follows: BEGINNING at a granite monument at the intersection of the centerline of said Thomas Road with the Southerly prolongation of the Easterly line of Lot 3 as said Lot 3 is shown on said map, said intersection being the Southeasterly corner of the "Thomas Mesa Annexation 69-1 to City of Gilroy", as described in Ordinance 846 adopted by the City of Gilroy on March 17, 1969; thence from said point of beginning along said Southerly prolonged line and along said Easterly line of Lot 3 and along the Northerly prolongation thereof, North 0°02'56'' West 1429.86 feet to the Northeasterly corner of said last named annexation ina Northerly line of said 2.361 acre strip of land, said last named corner also being in the Southerly line of "Southwest Annexation No. 65-2" to the City of Gilroy described under Resolution No. 993 thence along the Northerly line of said 2.361 acre strip of land North 89°55~ 36" East 811.56 feet to a Northeasterly corner of said 2.361 acre strip of land in the centerline of Rosanna Street (75 feet wide) as said Street is shown upon that certain map entitled, "Tract No. 3398 Garden Estates" recorded February 26, 1963 in Book 157 of. Maps at pages 32 and 33, Santa Clara County Records, said last named corner being in the Southwesterly line of that certain annexation entitled, "First Addition to City of Gilroy" described in Ordinance No. 643 adopted by the City of Gilroy February 6, 1961; thence along the Southeasterly prolongation of said center, line of Rosanna Street, South 20°01'30'' East 42.55 feet to the Southwesterly corner of said First Addition to the City of Gilroy in the Northerly line of said Lot 1; thence along said Northerly line of Lot 1, being the Southerly line of said First Addition to City of Gilroy, North 89°55'36'' East 1147.32 feet to the inter-. section with the Southwesterly line of Monterey Highway (U.S. 101 1V-SC1-2C 1950 Layout) thence along said Southwesterly line of Monterey Highway being the Southwesterly line of that certain annexation entitled, "Third Southern Addition (3-64) to City of Gilroy" described under Ordinance No. 717 adopted by the City of Gilroy April 6, 1964, the two following courses and distances: South 20°16'26'' East 787.82 feet and South 17°35'04'' East 729.04 feet to the intersection with said centerline of Thomas Road; thence continuing along said Southwesterly line of Monterey High- way South 17°35'04'' East 20.89 feet to the intersection with the Easterly prolongation of thc Southerly right of way line of Thomas Road; thence along said prolongation and Southerly line of Thomas ORDINANCE NO. 77-40 Road North 89°02'00'' West 2472.10 feet to a point of inter- section with the Southerly prolongation of said Easterly line of Lot 3 thence along said Southerly prolonged line, North 0° 02'56" West 19.80 feet to the point of beginning, containing 74.012 acres of land more or less. c~i~Q~- 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 "THOMAS-MONTEREYANNEXATION 76-8 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 21st day of November, 1977, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: CHILDERS, HUGHAN, LINK, PATE and GOODRICH CUNNINGHAM STOUT APPROVED ORDINANCE NO. 77-40 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 77-Z~0 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21St day of November . , 19 _77_ , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officia! seal of the City of Gilroy, this 22n~d day of JCity Clerk of the City (Seal) November _, 19 77 ...