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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. - _..J # -: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 .