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HomeMy WebLinkAboutResolution 274 r RESOLUTION NO.274 RESOLUTION OF THE COMJiTON COUNCIL OF THE CITY OF GIL.110Y PROPOSING TO .A.NNEX CERTAIN TERRITORY HEREIN DESIGNATED AS "NINTH STREET EXTENSION" IN ACCORDANCE WITH THE "UlflLNHABITED TERRITORY ACT OF 1939" AS 8E~ FORTH IN ARTICLE 5 OF CHAPTER 1 OF PART 2 OF DIVISION 2 OF TITLE 4 OF TF.E GOVERNMENT CODE, AND FIXING THE TIME AND PLACE OF HEARING PROTESTS AND OBJECTIONS TO SAID ANNEXATION. ~~REAS, the fOllowing described premises located adjacent to the easterly city limits of the City of Gilroy,constitutes anoc east- erly extension of Ninth Street in the said 6ity of Gilroy to the Pacheco Pass or Old Gilroy Road,to-wit: Being a portion of Las Animas Ranch Lot 44 as shown on IJap 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 a strip of land 60.00 feet wide now being used as a public road, the centerline of which is described as follows: "Beginning at the intersect ion 0 f the ce nt erl ine of Ninth Street with the Easterly corporate limit line of the City of Gilroy,and running thence N. 700 .OtW E. 600.00 feet,more or less,to the intersection thereof with the southwesterly line of the Pacheco Pass State Highways:" and vmEREAS, the said premises above described are not claimed by anyone and for many years have been used as a road and for roadway purposes by the public,and the Common Council of the City of Gilroy believes that said premises sgould be preserved as a throughfare;and, ~rnEREAS,the Common Council of the City of Gilroy has,on its own initiative,proposed to annex the said territory to the City of Gilroy as the best means of assuring the continuance of said premises for road purposes;and WHEREAS the matter of annexation has heretofore been referred to the Boundary Commission of Santa Clara County in accordance with Section 3502 of the Government Code,and $8*d Boundary Commission has filed its report with the City Clerk of the City of Gilroy approving the annexation of said territory;and, WHEREAS,under the provisions of the said nuninhabited Territory At.ct of 1939" as set forth in Article 5 of Chapter 1 0 f PaTt 2 of Division 2 of Title 4 of the Govermaent Code,the said territory hereinbefore described is ~habited,np-one living in or upon said premises,and the same r~y be annexed as uninhabited territory;and r 1323 '.\E:EREAS, the aforementioned tfUninhabi ted ~erri tory Act of 1939" requires tijat the Common Council of the City of Gilroy adopt a resolution fixing the time and place for the hearing of protests and objections to said annexation,in which resolution the ter'ritory to be annexed shall be designated by an appropriate name. NO'H,THEREFOHE,BE IT RESOLVED that for the purposes of this resolution and the annexation of said territory,the said premises shall be designated as tfNinth Street ExtensionW, and that the 2nd day of June,l952, at 8:00 P.M. of said day,at the City Hall in the Common Council room,Gilroy,California,be set as a time and place when and where any person owning real pDoperty within said territory so proposed to be annexed , and having any objections to the proposed annexation may appear before the said Common Council of the City of Gilroy and present written cause why said territory should not be annexed. PASSED AND ADOPTED this 7th day of April,l952, by the following vote: AYES: NOES: AffiE.N T: Councilmen Mason, WentvlOrth ,Thomas ,Pate Counc i lmen None Councilmen Stout,Daniels. APPR~ ~ ayor . ~ Attest: (y~~ City Cler ~,