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Home My WebLink AboutResolution 1994-72 . . '- RESOLUTION NO. 94 - 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE REORGANIZATION OF APPROXIMATELY 15.732 ACRES OF LAND EAST OF MILLER AVENUE AND SOUTH OF CHRISTMAS HILL PARK, FOR ANNEXATION TO THE CITY OF GILROY AND DETACHMENT FROM THE SOUTH SANTA CLARA COUNTY FIRE DISTRICT (MILLER AVENUE REORGANIZATION 94-01) WHEREAS, pursuant to part 1 of Title 5, Division 3, commencing with section 56000 of the California Government Code, petitioner The City of Gilroy has petitioned for annexation to the City of Gilroy approximately 15.732 acres of land on the east side of Miller Avenue, south of Christmas Hill Park, consisting of one parcel numbered APN 808-19-006, known as Miller Avenue Reorganization 94-01 and described in the legal description and shown on the map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the owners of all affected parcels have consented to the annexation, as demonstrated by the document attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, the reason for this reorganization is that the affected lands are contiguous to the City of Gilroy, making annexation a logical extension of City limits to lands whose use and development the City should control and detachment a logical transfer of fire services from a county entity to the City; and WHEREAS, this proposal is consistent with the Sphere of Influence of Gilroy; and WHEREAS, the regular county assessment roll will be used for taxes and assessments in the lands to be annexed; and WHEREAS, the California Environmental Quality Act (CEQA) provides a categorical exemption which applies to this request: CLASS 19, Section 15319, "Annexations of Existing Facilities and Lots for Exempt Facilities"; and -1- RESOLUTION NO. 94 - 72 . . WHEREAS, the lands proposed to be annexed are unincorporated territory within Santa Clara County which is within the Urban Service Area of the City of Gilroy so that, pursuant to Government Code Section 56826, the Santa Clara County Local Agency Formation Commission (LAFCO) shall not review this reorganization, and the City Council is the conducting authority for the reorganization; and WHEREAS, the consent of all owners of land within the affected territory makes notice and a public hearing unnecessary prior to completing the reorganization; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Gilroy hereby finds as follows: A. That this reorganization includes the annexation to the city of unincorporated territory within the Urban Service Area of the City as adopted by LAFCO; and B. That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the road annexation policies of the commission; and C. That the proposal does not split lines of assessment or ownership; and D. That the proposal does not create islands or areas in which it would be difficult to provide municipal services; and E. That the proposal is consistent with the adopted General Plan of the City; and F. That the territory is contiguous to existing City limits; and G. That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the Urban Service Area of the City; and BE IT FURTHER RESOLVED THAT the lands described herein are hereby ordered to be annexed to the City of Gilroy and detached from the South Santa Clara County Fire District; and BE IT FURTHER RESOLVED THAT the City Clerk shall submit forthwith a certified copy of this resolution and the fees required by Government Code Section 54902.5, collected from the lead petitioner, to the executive officer of the Santa Clara County Local Agency Formation Commission. -2- RESOLUTION NO. 94-72 t:'fr;~ -", ' . . PASSED AND ADOPTED this 26th day of september, 1994, by the following vote: NOES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE. OOUNCILMEMBERS: None AYES: ABSENT: COUNCILMEMBERS: None APPROVED: -IJ~ j.~ ATTEST ~j~~0J~ I city Clerk -3- RESOLUTION NO. 94 - 72 . . CITY OF GILROY DESCRTPTIOij "MILLER AVENUE REORGANIZATION 94-01" BEING a portion of that certain 15.992 acre parcel of land conveyed to the City of Gilroy by Deed recorded August 27, 1990 in Book L491 at page 898, Official Records of Santa Clara County, California, and shown on Record of Survey Map filed for record on JANUARY 24, 1992 in Book 633 of Maps at page 29, Records of Santa Clara County, and being more particularly described as follows: BEGINNING at the intersection of the easterly line of "Santa Teresa Annexation 80-5" to the City of Gilroy as described in Resolution No. 81-22 of said City adopted March 16, 1981, with the southerly line of "Miller Avenue Annexation No. I" to the City of Gilroy as described in Ordinance No. 742 of said City adopted JUNE 9, 1965 being at the intersection of the easterly line of Miller Avenue with the northerly line of said 15.992 acre parcel and running thence along said northerly line and the southerly line of said "Miller Avenue Annexation No. 1 N.870.41-05"E. 228.95 feet and S.79043-E. 525.00 feet to the northeasterly corner of said 15.992 acre parcel; thence along the easterly line thereof S.80SS-51"W. 968.74 feet to the southeasterly corner thereof; thence along the southerly line thereof - N. 84036 - 48 "W. 536.97 feet to the southwesterly corner thereof in the westerly line of Miller Avenue; thence along the westerly line of Miller Avenue and said Parcel N.10046-03''W. 191.86 feet and N.20029-59''W. 354.16 feet to a point in the southerly line of said "Santa Teresa Annexation 80-5" at the most northerly corner of that certain 61.815 acre parcel shown on Record of Survey Map filed for record in Book 211 of Maps at page 53, Records of Santa Clara County; thence along said southerly line N.81035-09"E. 42.00 feet (48.99 feet in said Annexation description) to an intersection with the original easterly line of Miller Avenue; thence along said easterly line and the easterly line of said Annexation N.I0023-E. 188.30 feet and N.4055.E. 280.51 feet to the point of beginning, and CONTAINING THEREIN 15.732 acres of land, more or less. EXHIBIT "A" Revised: 8/26/94 There are no Street Numbers on this part of Miller Avenue .t.llGIlI.ll CD HnLER AVENUE ANNEXATION '1, Ord, 742, 8/9/8e @ SANTA TERESA ANNEXATION 80-e. Roo, 81-22, 3/18/81 - EXISTING CITY LIMIT LINE P ,'"') v . r .-- -- .-' -- 2 t~ --.r1 ~ ,--' I tJ. @ / )'1 I ;' _ -..J ( :r ~... ,II MILLER A VENUE ANNEXA T " ORD,142 6/9/65 ION NO.1 ~J>o.~~ City 01= y..\\..\.. GILROY ~J>o.c:, $ ''''''''00' c- II 'f.:. --- BOUNDARY LINE OF PROPOSED ANNEXA TION ~ ~ ~ ~ i::::_ ~~ !;j~ ~C'oS "" ~... ~~ tJOi; {1JM "Cl:::' ~ ~ ~ cli'{ CoUNi'{ LlJ en ~ ..,. < ~ ~ Cf.l ,... LlJ - III >- ..J ~b < : u.. ..J LlJ LlJ S:? 0 ..J a: u:: ~ H ,,.""0'. r ~ P.O.B. " J$ ~ .. - o '0 ~ ~ ~ ~ ~ "f ~ ~ Revised: 8/26/94 22'-'$' . A.P.N. 808-19-006 ..., 0.11.... '117/'0 LANDS OF THE CIT.Y OF GILROY -- N ''''J,'46'" tv Urt I /f,ff~ c I () 0 C 2 j ~ -I -< "" "" 0 Co) ." P en ::a )> 2 - -I - )> ..., C) () ~ )> ;tJ )> 53'.,-,:- - os"!;! I 1=ILICE 1=AM ILy EStAtE MILLER AVENUE REORGANIZATION 94-01 b.."O ..;' ~ ').O~ 1.>~ 't ~~}. ~~ ~~O ~~Co ~~ ~c ~~~ ., ':?'?- ~ ~ -.,.(;). ...)v'f, "~}. EXHIBIT PROPOSED ANNEXATION TO THE CITY OF GILROY HAP TO ACCOMPANY REORGANIZATION APPLICATION 94-01 Being a portion of the land conveyed to the City of Gilroy by Deed recorded in Book L491 of Official Records at Page 29 and shown on Record of Survey Map - Book 633 of Maps, Page 29 April 1994 Not to Scale . . EXHIBIT B . PETITION FOR ANNEXATION OF OHINHABITED TERRITORY TO CITY OF GILROY To: The Honorable Council of the City of Gilroy We, the undersigned, do hereby respectfully represent: That we are the owners of all the land in the territory l~ated in Santa Clara County and described in Exhibit "A" attached hereto and made a part hereof, by area and by assessed value, as shown on the last equalized assessment roll of the County of Santa Clara. That said premises are contiguous to the Southerly City Limits of the City of Gilroy; That said land has less than twelve (12) registered voters residing within it c the time of the filing of this petition.and the said premises are uninhabited territory as the same is defined in Section 35303 of the Government Code of the State of California; That said petitioners desire that said territory be annexed to the City of Gilroy as uninhabited territory; That each of the undersigned owners does hereby consent to the taxation by the City of Gilroy, upon and after the annexation of said territory to said City, of property within the said territory to pay any and all bonded and other indebtedness and any and all liabilities of said city contracted prior to or existing at the time of annexation of said territory to the City of Gilroy, said property to be taxed for said purposes equally with other property in said City which is taxable for such purposes; that it shall be a condition of the said annexation of said territory to the City of Gilroy that off-site drainage fees for the benefit of said territory must be paid before any connections are made to water or sewer mains benefiting or affecting the said property. In the annexation proceedings, the said territory proposed to be annexed will be designated as " Miller Avenue Reorganization 94-01 " WHEREFORE, petitioners pray that such proceedings be taken as may be required by law to annex the described territory to the City of Gilroy as uninhabited territory. Dated: 9/21/94 _Jvl~~ t~ ~~ . . . . I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-72 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 26th at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the day of September , 19~, Official Seal of the City of Gilroy this 28th day of September ,1994. (Seal)