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Resolution 2007-20 RESOLUTION NO. 2007-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND APPROVING THE LUCHESSA AVENUE REORGANIZATION NO. 06-01, CITY FILE A06-02, ANNEXATION OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LUCHESSA AVENUE AND MONTEREY ROAD CONSISTING OF APPROXIMATELY 27.7 ACRES (APNS 808-21-008, 808-21-009, 808-21-016, 808- 21-018) AND APPROVING DETACHMENT THEREOF FROM THE COUNTY OF SANTA CLARA, SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY. WHEREAS, the City Council of the City of Gilroy ("City") has received application A06-02 requesting annexation of territory designated "Luchessa Avenue Reorganization No. 06- 01" from applicants Luchessa Road LLC; and WHEREAS, the City Council approved an application for amendment to the City's Urban Service Area ("USA") boundary to include this property consisting of approximately 27.7 acres on January 23,2006; and WHEREAS, the City Council approved the pre-zomng of this property to ND (Neighborhood District) on February 6,2006; and WHEREAS, the USA amendment application (USA 04-02) was reviewed and approved by the Local Agency Formation Commission of Santa Clara County (LAFCO) on April 12, 2006; and WHEREAS, on February 26, 2007 the City Council adopted Resolution No. 2007-13 initiating proceedings for annexation of this property, which property is more fully described in the legal description and map attached hereto as Exhibits "A" and "B"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposed annexation have consented to it; and WHERAS, California Government Code section 56757 states that the Local Agency Formation Commission shall not review an annexation proposal of unincorporated territory to any city in Santa Clara County which is within the urban service area of the city where the annexation is initiated by resolution of the legislative body; and WHEREAS, the City Council of the City of Gilroy is thereby the conducting authority for this annexation; and ILLEZOTTEI716506.2 031307-04706089 -1- Resolution No. 2007-20 WHEREAS, Government Code section 56663(a) provides that if a petition for annexation is signed by all owners of land within the affected territory, the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, the City Council has received into evidence the facts necessary to support the following findings, including the staff report dated January 16, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. It is the conducting authority pursuant to Government Code section 56757 for the annexation of property designated "Luchessa Avenue Reorganization No. 06-02", more particularly described in Exhibits "A" and "B." 2. The following findings are made by the City Council of the City of Gilroy: (a) Said territory is uninhabited and comprises approximately 27.7 acres. (b) The annexation is consistent with the orderly annexation of territory within the City's urban service area and is consistent with the City's General Plan Policies No. 1.01 - Pattern of Development; No. 2.01- Location of Growth; and 2.02 - Rate and Timing of Growth. (c) The City Council certified the Final Environmental Impact Report for this project on December 19,2005, and the City Council adopted Resolution No. 2006-03 on January 23, 2006 making the required findings for each significant impact and adopting a Statement of Overriding Considerations with regard to each unavoidable significant impact. (d) The City Council on February 6, 2006 enacted Ordinance No. 2006-02 pre-zoning the subject territory with an ND (Neighborhood District) zoning designation. ( e) The territory proposed for annexation is within the City of Gilroy's Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO) of Santa Clara County on April 12, 2006, USA 04-02. (f) The County Surveyor has determined the boundaries of the proposed annexation to be definite and certain and in compliance with the road annexation policies of LAFCO. (g) The proposed annexation will not split lines of assessment or ownership. (h) The proposed annexation will not create islands or areas in which it would be difficult to provide municipal services. (i) The unincorporated territory proposed for annexation is contiguous to existing City limits. ILLEZOTTE1716506.2 031307-04706089 -2- Resolution No. 2007-20 (j) The City has complied with all conditions imposed by LAFCO for the inclusion of the unincorporated territory into the City's Urban Service Area. The project is subject to that certain First Amendment to Agreement for Deferred Agricultural Mitigation executed by and between the City of Gilroy and Luchessa Road, LLC and Vince Giacalone and Michael McDermott dated November 24, 2006, and to that certain Agreement for Deferred Agriculture Mitigation entered into on January 23,2006. (k) The unincorporated territory proposed for annexation is not within a farmland security zone created pursuant to California Government Code section 51296 et seq., nor subject to a Williamson Act contract. (1) The herein described reorganization is in full accordance with the Cortese- Knox-Hertzburg Local Government Reorganization Act of 2000 and with Government Code section 56757 relating to City-conducted annexations in the County of Santa Clara. 3. That all affected local agencies that will gain or lose territory as a result of this reorganization have received written notice pursuant to Government Code Section 56663(b) of said intent to annex this territory, the date of intended said action, and no objections have been filed. 4. That all affected property owners have consented to said annexation and no opposition has been received. 5. That said annexation is hereby ordered without further protest proceedings pursuant to Government Code section 56663. BE IT FURTHER RESOLVED THAT, upon completion of these reorganization proceedings, the territory annexed will be detached from the County of Santa Clara, the South Santa Clara County Fire District and the Santa Clara County Open Space Authority. BE IT FURTHER RESOLVED THAT, upon completion of these reorganization proceedings, the territory reorganized will be taxed on the regular county assessment roll, including taxes for existing bonded indebtedness. BE IT FURTHER RESOLVED THAT, pursuant to Government Code section 56756, the City Clerk shall submit a certified copy of this Resolution and any required LAFCO filing fees together with the State Board of Equalization fees required by Government Code section 54902.5, collected from the Applicant, to the executive officer ofLAFCO. PASSED AND ADOPTED this 19th day of March 2007, by the following vote: \LLEZOTTE\716506.2 031307-04706089 -3- Resolution No. 2007-20 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: w[ .~) _..;ft:)ud~ ~^- ' Rhonda Pellin, City Clerk ILLEZOTTE1716506.2 031307-04706089 ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NONE NONE APPROVED: ~MaYOr -4- Resolution No. 2007-20 H~'JH William J. Wagner I Thamas A. Armstrong I Michael L Morsilli I David M. Wilson November 14, 2006 HMH 5050-00-270 Page 1 of 1 ENGINEERS EXHIBIT lOA" ANNEXATION TO THE CITY OF GILROY IN THE LAS ANIMAS RANCHO LUCHESSA AVENUE REORGANIZATION 06-01 REAL PROPERTY in the County of Santa Clara, State of California, being a portion of Lot 5 as shown on that certain map entitled "Map of Massey Thomas, Senior, Subdivision of Las Animas Ranchlot No. 15", filed for record in Book G of Maps, page 59, Santa Clara County Records, more particularly described as follows: BEGINNING at the most easterly corner of the City Limits of the City of Gilroy's Annexation Thomas-Monterey 76-8, being the westerly City Limits of the City of Gilroy's Annexation Third Southern Addition 3-64; 1. Thence along the westerly City Limits of the City of Gilroy's Annexation Third Southern Addition 3-64, South 1 r57'05" East, 412.54 feet, to the southerly line of said Lot 5; Thence along said southerly line, the following two courses: 2. Thence South 72002'55" West, 940.32 feet; 3. Thence North 89006'05" West, 926.22 feet, to the westerly line of that parcel of land described in the deed to the City of Gilroy recorded August 13, 2004, in Document 17949017 of Official Records, Santa Clara County Records; Thence along said westerly line and along the easterly line of that parcel of land described in the deed to the Santa Clara Valley Water District, recorded March 1, 1988, in Book K458 of Official Records, page 1194, Santa Clara County Records, the following two courses: 4. Thence North 15027'05" West, 217.65 feet; 5. Thence along a tangent curve to the left, having a radius of 900.00 feet, through a central angle of 39017'45" for an arc length of 617.26 feet, to the southerly City Limits Line of the City of Gilroy as established by City of Gilroy's Annexation Thomas-Monterey 76-8, being the southerly line of West Luchessa Avenue; 6. Thence along said southerly City Limits Line, South 88059'05" East, 2099.82 feet, to the POINT OF BEGINNING. Containing 27.65 acres, more or less. 5050LD01doc SAN JOSE 1570 Oakland Rood San Jose, California 95131 408.487.2200 Tel 408.487.2222 Fax www.hmh-engineers.com GilROY 7888 Wren Avenue, Bldg B Gilroy, California 95020 408.846.0707 Tel 408.8460676Fax ,........ ---- HYDE P ARK DR EXISTING CITY LIMIT LINES ESTABLISHED BY "THOMAS-MONTEREY 76-8" ~ cp -' o 150 300 I \ I GRAPHIC SCALE \ INCH -300 FT. Date: Scale: 1 = 300 ~ Designed: CJ> Drawn: JM 55 Checked: SO 55 Pro' En .: g Ow Nome: 5050PLOl '" I CHURCH ST. I I I I I I I I I - H ~'i H ENGINEERS ~ ~ 10 tv. !, r:. ~ '1Jl ~ J. tv. IJ', ~ @ ~ in -N 0 "to N____ "1'1 0 ~...... 'OJ Ol CO Z LEGEND (R) P.O.B. T.P.O.B. (j) HWY152 t VICINITY MAP NOT TO SCALE RADIAL BEARING POINT OF BEGINNING TRUE POINT OF BEGINNING ASSESSOR'S PARCEL NUMBER FROM MAP 808-21 (2005-2006) SHEET 1 OF 1 Gilroy 1408) 846-0707 EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF GILROY IN THE LAS ANIMAS RANCHO LUCHESSA AVENUE REORGANI ZA TI ON 06-01 SANTA CLARA COUNTY CALIFORNIA San Jose 1408) 4.UZOO www.hmh--engineers.com I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-20 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of March, 2007, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 30th day of March, 2007. ~(L~ City Clerk of the City of Gilroy (Seal)