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HomeMy WebLinkAboutResolution 517 RESOLUTION NOo S17 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY DECLARING INTENTION TO mNEX TO THE CITY OF GILROY. UNINHABITED TERRITORY OWNED BY IT" DESIGNATED AS lOUSLEY PARK ADDITION! ~ UNDER "'AlmEXA-. TION OF UNINHABITED TERRITORY ACT OF 1939"~ AND PROVIDING FOR NO~ICE OF THE PROPOSED ANNEXATIONo WHEREAS, the City of Gilroy is the owner of premises located a10ng the North side of Hecker Pass Highw~Yr about~ miles West of the City of Gilroyc described as followsr to wit: All that certain parcel of land situate in the County of Santa Clara, State of California: described as follows: Beginning at the point of intersection of the Northerly line of the Hecker Pass Highwayz formerly Bodfish Mill Roadq with the Westerly line of that certain 43508 acre Tract of Land, more or less, described in the certified copy of the Decree of Distri- bution of the Estate of Edward Bryant Hoey, deceased, also known as Edward Bo Hoey: dated August 18t 1952 and filed for record in the office of the Recorder of theCounty of Santa Clara: State of California~ on Aggust 191' 1952 in Book 2472 of Official Records: page 362; thence Westerly and along the Northerly line of Hecker Pass Highway and Northwesterly along the Northeasterly line of Burchell Roade as said Highway and Road now exist (April 1959) to the intersection of said line of Burchell Road with the Easterly line of that certain 300 Acre Tract of land described in the decree of Distribution in the Estate of Alexander Milneq deceased, dated March 3q 1922 and recorded May 26. 1922, in the Office of the Recorder of said County in Book 554 of Deeds, page 186; thence Northerly along the Easterly line of said 300 acre tract to a 1 ~ inch pipe designated as 0-9 set on the Easterly line of said tract as the same is described in the land distributed to Isabella Milne, et all by Decree of Distribution entered March 3q 1922 in the Superior Court of the State of Califbrniaq in and for the County of Santa Clara "In the Matter of the Estate of Alexander Milneq de- ceased"q a certified copy of which Decree was recorded May 26, 1922 in volume 554 of Deeds, at page 186, Records of Santa Clara County, California; thence in a general Southeasterly direction along the Southerly and Westerly lines of the 43508 acre tract hereinbefore mentionedq the fol~owing courses and distances; South 460 sot East 101001 feetq to an iron pipe designated as 0-10; South 770 46t East 123300 feet to an iron pipe designated as 0-11; South 460 38t East 22009 feet to an iron pipe designated as 0-12; South 400 38t West 91055 feet to an iron pipe designated as 0-13; South 390 212 East 183010 feet to an iron pipe designated as 0-14; South 30 40t East 10004 feet to an 8 inch X 8 inch post set at the most Easterly corner of that certain 36061 acre tract of land described as item "2" under the headingI' "Real Estate" in the inventory and appraisement filed in the matter of the Estate of Mary Eo Ousley: deceased, in the office of the Clerk of the Probate Department of the Superior Court of the State of California, in and for the County of Santa Clara: on January 8q 19371' (being Estate Noo 21186 of said court), said point being also: in the Northerly line of that certain 30 acre tract of land conveyed by E1ecta Ousley to Emma Eo Hoey by Deed dated July 1St 18641 and recorded July 231 1864: in Volume S of Deeds at page 585~ - 1 - CIA? c:.-I I records of Santa Clara CountYr California; thence North 890 561 East 44503 feet along the Northerly line of the said 30 acre tract of land so conveyed to Emma Eo Hoeyc to the Northeasterly corner thereof: thence South 00 01" East 1173027 feet more or 1essl along the Easterly line of said 30 acre tract of land to the Northerly line of Hecker Highway and the point of beginningo Containing 95 acres of land, more or 1esso WHEREAS, the said premises are used for the purpose of maintaining thereon, a park and golf course known as "Ousley Park", and also as a site for the City of Gilroy municipal reservoir; andt WHEREAS, a written description of the proposal for the annexation of the said territory to the city of Gilroy has been filed with the Secretary of the Boundary Commission of Santa Clara County and the said Boundary Commission has prepared and" submitted a report to the City of Gilroy upon the annexation proposal in which it approves the definiteness and certainty of the boundaries pro- posed to be annexed and has approved the said boundaries with respect to the other matters mentioned in Section 3502 of the Government Code: andr WHEREAS, the Planning Commission of the City of Gilroy has also reported upon the annexation of said territory in which it recommends that the said territory be annexed to the City of Gilroyo NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Gilroy does hereby initiate proceedings to annex the territory hereinabove described to the City of Gilroy as uninhabited territoryc under the "ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939r and does propose that said territory be so annexed to the said City of Gilroyo BE IT ALSO RESOLVED, and the said Common Council finds, that the following are the reasons for the annexation of the said territory to the City of Gilroy: 10 That by the annexation of said territory to the City of GilroYI the said property will not be subject to the payment of County of Santa Clara or real property - 2 - r.... taxes from and after the annexation and the City of Gilroy will therefore save the amount that would otherwise be required to pay as taxes on the propertyo 20 That the said property being owned by the City of Gilroy and belonging to that municipality: naturally should be a part of and annexed to the City of Gi1royo BE IT ALSO RESOLVED that the said territory shall be known and des ignated as "OUSLEY PARK ADDITION TO THE CITY OF GILROY". BE IT FURTHER RESOLVED that Monday t the third day of Auo:ust 1959z at the hour of 8:00 0lc10ck Po M.. of said daYt in the Common Council Chambers in the Wheeler Memorial Auditorium at 6th and Rosanna Streets in the City of GilroYt be and the same is hereby fixed as the time and place of the said hearing of said proposal to annex said territory to the City of Gilroy when and where any person having any objection to the said proposed annexation may appear before said Common Council and show causer in writing, if any he has, why said territory should not be so annexedt and the City Clerk of the City of Gilroy is hereby directed to cause a copy of this resolution to be published at least twice, but not oftener than once a week, in the Gilroy Evening Dispatchr said publication to be complete at least twenty (20) days prior to the date set for the hearingo PASSED AND ADOPTED t.his 15thday ofJun~,1959/1' by the following vote: NOES: COUNCILMEN: Pate. R.ush, Petersen. 'ventworth Gallo, Jordan COUNCILMEN: None AYES: ABSENT: COUNCILMEN: None APPROVED: ~~ ? . / ~ /an<4J Mayor Attest: Jt~/3 ~Vl,V' City Clerk - 3 -