Minutes 1956/02/20
1'tr8J)
Gilroy, California
February 20,1956
This special meeting of the Common Council called by Mayor George
M.Mason by the maili~ of a letter to each of the Councilmen and
the press more than twenty-four hours in advance of the meeting,
setting forth the agenda of the meeting, is called to order by His
Honor M~or George M.Mason.
Present:Councilmen Carl W.Pate,Charles Gallo,J.Hughes Kennedy,
Courtl8b4-K.auah,Kenneth L.Petersen,Segundo Sanchez.
A communication is read from the City Planning Commission of the
City of Gilroy recommending that the proposed Third Northern
Addition be annexed to the City of Gilroy.
The City Attorney presents and reads RESOLUTION NO.37l.
Motion by Councilman Rush,seconded by Councilman Pate that
RESOLUTION NO.37l be adopted.
RESOLUTION HQ.lZ!.
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY PROVIDING
FOR NOl'ICE OF PROPOSED ANNEXATION OF UNINHABITED TERRITORY,
DESIGNATED AS -rHIRD NORTHERN ADDITION TO THE CITY OF GILROY",
TO THE CITY OF GILROY UNDER THE ANNEXATION OF UNINHABITED TERRITORY
Acr OF 1939.
WHEREAS,a written petition has heretofore been filed in the
in the office of' the Clerk of the City of Gilroy under the pro-
visions of the1;'Annexation of Uninhabited Territory Act. of 1939",
as set forth within Sections 35300 to 35325 inclusive, of the
Government Code of the State of California,asking that there be
annexed to the City of Gilroy as uninhabited territory, the follow-
ing described tract of land, contiguous to the City of Gilroy city
limits,situatedin the County of Santa Clara, State of California,
to-wit:
Being a portion of Ranchlot 24 of the Las
Animas Rancho as shown on Map No.7 accompanying
the report of the Referees in the Las Animas
Rancho Partition Suit,Action No.5536 had in the
Superior Court of the State of California,in and
for the County of Santa Clara,and being more
particularly described as follows:
Begipning at the northwesterly corner of Ranch
Lot 24 as shown on said map,and running thence
alo~ the line COffi1l0n to Ranch Lots 24 and 25
N.89 24 '30" E. 2175.38 feet to an iron pipe at
a corner of the Second NortheDIl Addition to the
City of Gilroy;thence along the westerly line
1687
of said Second Northern Addition S.21ol4'E.
270.90 feet to an iron pipe at the most
southerly corner thereof in the original
northwesterly limits of the City of Gilroy;
thence southwesterly along the northwesterly
line to the intersection t hereof with the
southwesterly line of said Ranchlot 24;
thence along said southwesterly line N.220
l5'W.998.93 feet to the point of beginning,
and CONTAINING THEREIN 33.7 acres of land,
more or less.
*"',-.-:,,'\
and,
...........
WHEREAS,it appears that the said tract of land in the said
petition and above described,is owned by the patitioners alone,and
tha~ no-one else is interested in said territory,and that the said
tract of land is contiguous to the city limits of the said City of
Gilroy; and,
~REAS,the proponents of said annexation have heretofore sub-
mitted to the Boundary Commission of the County of Santa Clara a
proposal for t he annexation of the aforesaid territory to the said
City of Gilroy,and the said Boundary Commission has reported to the
said proponents,approving the definiteness and certainty of the said
boundaries of the said territory;and,
~~s, the proponents of said annexation of said territory
have also submitted to the City Planning Commission 'of the City of
Gilroy the proposal for the annexation of the aforesaid territor,y
to the said City,and the said City Planning Commission has
reported to the Common Council of the City of Gilroy approving and
recommending the annexation of said tract; and,
WHEREAS,the said MAnnexation of Uninhabited Territory Act of
1939lt,as above referred to,requires upon the filing of such a
petition a resolution shall be adopted by the Common Council of the
City of Gilroy giving notice of such proposed annexation and fixing
the time, and place of hearing of the petition thereof' ,when and where
any person owning real property within the said territory proposed
to be annexed may aPIE ar and object thereto.
NaN, TlllillliFORE , BE IT RESOL YED :
That the Common Council of the City of Gilroy hereby designates
the said territory proposed to be annexed to the City of Gilroy as
"THIRD NORTHERN ADDITION TO THE CITY OF GILROy't.
BE IT FURTHER RESOLVED, AND IT IS HEREBY ORDERED:
That the 26th day of March,19J6,at t he hour of 8:00 0 'clock p.m.
of said day,in the Common Council chambers in the City Hall,Gilroy,
California, be, and the same is hereby,fixed as the time and place for
the hearing of the said petition and proposal to annex the said territory
when and where any person owning real property within such tract or
otherwise having a right to protest,and having any objections to the
proposed annexation,may appear before the said Common Council of the
City of Gilroy,and show cause,in writing,if any he has,why said
territory should not be so annexed,and the City Clerk of the City of
Gilroy is hereby directed to cause a copy of this Resolution to be
published at least once a week for two .(2) successive weeks with the
last publication completed at least twenty (20) days before the date
of hearing, in the GILROY EVENING DISPATCH,a newspaper of general
circulation published in the said City of Gilroy,and in the MORGAN
HILL TIMES, a newspaper of general circulation published in the County
of Santa Clara, but outside the city limits of the City of Gilroy.
PASSED and ADOPTED the 20th day of February,1956, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,G allo,Kennedy,Rush,Petersen,Sanchez
Councilmen None
Councilmen None.
-
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#
-:17 .b'?%,?
Mayor
Attest:
O.G.~
City Cler
A communication from Mr.Robert McNamee,counsel for a Mr.Fergon,
intended vendee of a portion of Gaen View Tract,stating that his
client intends to purchase from How son Brothers and William Hall, a
portion of the Glen View Tract,requesting the Council to pass a
1688
resolution that the agreement entered into by the City 0 f Gilroy
and Howson Brothers and William Hall in April,1949, would remain
in force and effect.
Mr.W.F.Howson and William Hall,intended vendors of the Glen View
propertYt are present and discuss the proposed sale and ~reement.
A map showing the property proposed to be sold by Howson Brothers
and William Hall is presented and viewed and the City Attorney
~
pr"esents and reads the agreement between the city and How son
Brothers and William Hall.
The City Attorney presents and reads RESOLUTION NO.372.
It is unanimously ~reed that the provision ~or the placing of
fire alarm boxes on the part of the city should be eliminated from
the Resolution.
Motion by Councilman Kennedy,seconded by Councilman Sanchez that
RESOLUTION NO.372 be adopted.
RESOLUTION NO.}2.g
WHEREAS,J .M.HO'?lS0N and LINNIE F . HaYSON ,his wife,W.R.HOWSON and
FRANCES M.HOWSON,his wife,WILLIAM F.HAIL and EDITH I.HALL,his wife,
are the owners of that certain parcel of land located in the City
of Gilroy, known as -GLENVIEW TRACT"', and being Tract No. 626, the
map or plat of which subdi vi sion has been hereto~ore approved by ~
the M~or and Common Council of the City of Gilroy upon the i \
agreement of the said owners to furnish and instal curbs,gutters
and sidewalks,and grade and grave1. the streets and alleys not
already a part of the accepted streets or alleys of the City of
Gilrqy; and ,
WHEREAS, the said named owners have entered into an agreement
to sell Lots 1 to 26 in Block 2 South,Range 7 West, and Lots 14
to 26 inclusive in Block 2 South,Range 6 West, in the said tract
o:f land to one EDGAR P.F'ERGON ,a builder, and the said agreement
has been made upon the understanding and condition that the said
vendors will fUrnish,construct and install the aforesaid improve-
ments in accordance with t he said agreement heretofore made with
the said City of Gilroy, and that the City of Gilroy w.ill furnish,
without the formation of any improvement or asseSaIDent district
and without cost to the owners or purchasers above named, the
surfacing of the streets and alleys in the said tract,and furnish
and install water and sewer mains,fire hydrants,and lighting
facilitiesjand,
WHEREAS, the Common Council of the City of Gilroy has heretofore
informally indicated ~ts intention to furnish the said foregoing
improvements and facilities,other than those which the aforesaid
agreement with the City of Gilroy requires the said owners to
furnish and install whenver'dwellings are erected in the aforesaid
subdivision; and,
WHEREAS, the said vendee above named has declared that he intends -a.,.
to build houses as soon as possible upon the said lots in the afore- .
said subdivisoon and requires,as a condition to the construction
of'said dwellings,an agreement or declaration of the Common Council
of the City of Gilroy that it will not assess the aforesaid tlirty-
nine lots in said subdivision to provide any of the said improve-
ments and:f'acilities but will,without charge,furnish the same as
hereinafter set forth.
NOW,TH&REFORE,BE IT RESOLVED,AND THiS COMMON COUNCIL OF THE
CITY OF GILROY DOES HEREBY DECLARE:
That it will,at its own expense and without the formation of
any assessment District,furnish and construct the said surfacing
of the said streets and alleys in the said two blocks in said
subdivision,and furnish and install water and sewer mains, fire
hydrants and lighting facilit.ies,when and as the same may be
needed in the said portion of said subdivision.
1689
PASSED and AOOPrED the 20th day of FebruarY,~956, by the
following vote: .
AYES: Councilmen Pate,Gallo,Kennedy,Rush,Petersen,Sanchez
NOES: Councilmen None
ABSENT: Councilmen None
AtteSl9
.G~
City: Clerk
dd'~ k~-7
M or ~
A "Request for Assistance and Assurances of Local Cooperation" fDrm
from the U. S . Army Corps of Engineers -ror repair s to the Carnadero and
Llagas levees is presented and discussed.
Motion by Councilman Pate, seconded by Councilman Rush and carried
that the Mayor be instructed to sign the "Request for Assistance and
Assurances of Local CooperationU as presented by the U.S.Army Corps
of Engineers.
Motion by C-ouncilrnan Sanchez, seconded by Councilman Pate that this
meeting adjourn.
0.0 ,~
City C'ler
.