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Resolution 1982- 59 . . !. RESOLUTION NO. 82-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING A CERTIFICATE OF CANCELLATION OF A WILLIAMSON ACT CONTRACT LOCATED IN THE CITY OF GILROY WHEREAS, application M 81-1 has been made by GILROY CORPORATION/GLENN AND MURIEL BREM to the City for cancella- tion of the Williamson Act contract on 37 acres, more or less, of land east of the South Valley Freeway, south of Highway 152. and WHEREAS, the City Council, after giving due notice did on the 19th day of April, 1982, conduct a public hearing to consider cancellation of Williamson Act Contract No. 3769387. on property located east of the South Valley Freeway. south of Highway 152, and more particularly described on Exhibit A attached hereto. and WHEREAS, on January 1, 1982, there were less than 300 acres of Williamson Act land within the Gilroy City limits. WHEREAS, the City Council finds that pursuant t~ provisions pertaining to procedures and guidelines implementing the California Environmental Quality Act, an Environmental Impact Report had been prepared and certified by the City Council, and WHEREAS, at said public hearing a staff report was presented and all persons desiring to speak on the subject Williamson Act Contract Cancellation request were heard. At the conclusion of said hearing, after considering all the evidence presented, the City Council made certain findings and reached a decision on the Williamson Act Cancellation request as hereinafter set forth; RESOLUTION NO. 82-59 . . NOW. THEREFORE. BE IT RESOLVED. by the City Council of the City of Gilroy as follows: 1. The above recitals are true and correct. 2. That the City makes the following findings of fact: (a) That the cancellation conforms to the intent of the California Land Conservation Act. as amended. (b) That the cancellation and alternative use will not result in discontiguous patterns of urban development. (c) That the cancellation conforms to the intent of the City General Plan. 3. That in view of the findings heretofore made and considering the applicable law. a request for a certificate of tentative capcellation of Williamson Act Contract is hereby APPROVED by the City Council to allow cancellation of Williamson Act Contract No. 3769387. A certificate of cancellation of contract will be issued and recorded at such time -as all penalties and fees shall have been paid. PASSED AND ADOPTED this 19th day of April. 1982. by the following vote: AYES: COUNCILMEMBERS: ALBERT. GAGE. HUGHAN. LINk ,..:.TAYLOR , VALDEZ and GOODRICH NONE NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS : NONE APPROVED: ~ 7~~ru' ATTEST: /dM~~~ RESOLUTION NO. 82-59 -2- ....,'. .{f"'" .. . . I'll'" .... .__"__ ~ f';'''~ ,~'.;~"j,.;2.t'j'~1:h:I;\{~~'~iW-~#<1o;M~~:;' . APPLICATION NO. G Y - L. . 'J 2 3 {;;?~~jt/~,~/ \ /2/ ct . ",).r' . y::? F Schedule C The land referred to herein is described as follows: ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE BEING A PORTION OF RANCH LOT.S 44 AND 47 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 AS SHOWN ON THE MAP ENTITLED, "RECORD OF SURVEY FOR BREM BROTHERS IN RANCH LOTS 43, 44 AND 47", WHICH MAP IS RECORDED IN BOOK 69 OF MAPS AT PAGE 17, RECORDS -OF SANTA CLARA COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE LINE COMMON TO THE LAS ANIMAS RANCHO AND THE SAN YSIDRO RANCHO DISTANT THEREON NORTH 320 05' WEST 669.65 FEET FROM AN IRON PIPE AT THE EASTERLY COMMON CORNER TO RANCH LOTS 47 AND 48, AS SHOWN ON SAID MAPS, AND RUNNING THENCE PARALLEL TO THE LINE COMMON TO RANCH LOT 47 AND 48, NORTH 890 47' 40" WEST 1287.22 FEET TO A POINT IN THE EASTERLY LINE OF THE LANDS OF GEORGE BREM, AS SHOWN ON SAID RECORD OF SURVEY MAP, DISTANT THEREOF NORTH 00 12' 20" EAST 566.10 FEET FROM THE SOUTH- EASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINE OF SAID LANDS OF GEORGE BREM NORTH 00 12' 20" EAST 141.95 FEET TO AN IRON PIPE, NORTH 890 47' 40" WEST 379.09 FEET TO AN IRON PIPE AND NORTH 00 12' 20" EAST 306.08 FEET TO AN IRON PIPE IN THE LINE COMMON TO RANCH LOTS 44 AND 47 AT THE EASTERLY CORNER COMMON TO THE LANDS OF HENRY BREM AND GEORGE BREM; THENCE CONTINUING ALONG THE EASTERLY AND SOUTHERLY LINE OF THE LANDS OF HENRY BREM NORTH 00 12' 20" EAST 150.60 FEET TO AN IRON PIPE AND SOUTH 890 47' 40" EAST 1288.09 FEET TO AN IRON PIPE IN THE NORTHEASTERLY LINE OF THE LAS ANIMAS RANCHO, DISTANT THEREON NORTH 320 OS' WEST 178.15 FEET FROM AN IRON PIPE AT THE EASTERLY COMMON CORNER TO RANCH LOTS 44 AND 47; THENCE ALONG THE NORTHEASTERLY LINE OF THE LAS ANIMAS RANCHO SOUTH 320 OS' EAST 708.15 FEET TO THE POINT OF BEGINNING. PARCEL TWO BEING A PORTION OF RANCH LOT 47, AS SHOWN ON MAP 7 ACCOMPANYING THE REPORT OF THE REFEREES IN THE LAS ANIMAS RANCHO PARTITION S~IT, ACTION NO. 5536, HAD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, AND AS SHOWN ON MAP ENTITLED, "RECORD OF SURVEY FOR BREM BROTHERS IN RANCH LOTS 43, 44 AND 47", WHICH MAP IS RECORDED IN BOOK 69 OF MAPS, PAGE 17, RECORDS OF SANTA CLARA COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONTINUED. .. EXHIBIT "A" ~'" ;: '" . . ,,,,,,~,;'4'M,~ d,""i.lli',,>M~M~ji:~~.ill:>>-.ii.k il APPLICATION NO. GY-45~023 BEGINNING AT AN IRON PIPE IN THE LINE COMMON TO THE LAS ANIMAS RANCHO AND THE SAN YSIDRO RANCHO AT THE EASTERLY COMMON CORNER TO RANCH LOTS 47 AND 48, AS SHOWN ON SAID MAP AND RUNNING THENCE ALONG THE LINE COMMON TO RANCH LOTS 47 AND 48, NORTH 390 47' 40" WEST 1644.94 FEET TO AN IRON PIPE; THENCE NOR~H 00 12' 20" EAST 566.10 FEET; THENCE PARALLEL TO THE LINE COMMON TO SAID LOTS 47 AND 48, SOUTH 890 47' 40" EAST 1287.22 FEET TO A POINT IN THE SAID LINE COMMON TO THE LAS ANIMAS AND SAN YSIDRO RANCHOS; THENCE ALONG SAID RANCHO LINE, SOUTH 320 05' EAST 669.65 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED BY DEED FROM RICHARD BREM AND MARIAN S. BREM, TO SANTA CLARA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DATED SEPTEMBER 28, 1960 AND RE- CORDED NOVEMBER 22, 1960 IN BOOK 4990 OF OFFICIAL RECORDS, PAGE 179, DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF RANCH LOT 47, AS SHOWN ON MAP 7 ACCOMPANYING THE FINAL REPORT OF THE REFEREES IN THE PARTITION ACTION OF HENRY MILLER, ET AL, VS. MASSEY THOMAS, ET AL, IN THE SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, CASE NO. 5536, AND AS SHOWN ON MAP ENTITLED, "RECORD OF SURVEY FOR BREM BROTHERS IN RANCH LOTS 43, 44 -AND 47", WHICH MAP IS RECORDED IN BOOK 69 OF MAPS, PAGE 17, RECORDS OF SANTA CLARA COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 11/2" IRON PIPE DESIGNATED AS B. 2M. S. Y. IN THE LI NE: COMMON TO THE LAS AN I MAS RANCHO AND THE SAN YS I DRO RANCHO AT THE EASTERLY COMMON CORNER TO RANCH LOTS 47 AND 48, AS SHOWN ON SAID MAP AND RUNNING THENCE 'WESTERLY FROM SAID POINT OF BEGINNING ALONG THE LINE COMMON TO RANCH LOTS 47 AND 48, NORTH 89.0 47' 40" WEST, 1644.94 FEET TO AN IRON PIPE; THENCE NORTH 00 12' 20" EAST, 27.50 FEET THENCE EASTERLY PARALLEL TO AND 27.50 FEET FROM SAID LINE COMMON TO RANCH LOTS 47 AND 48, SOUTH 890 47' 40' EAST, 1362.69 FEET; THENCE ON CURVE TO THE LEFT FROM A TANGENT WHICH BEARS SOUTH 89047' 40" EAST, WITH A RADIUS OF 772..50 FEET THROUGH AN ANGLE OF 180 07' 50" FOR A DISTANCE OF 244.43 FEET A POINT ON THE LINE COMMON TO THE LAS ANIMAS RANCHO AND THE SAN YSIDRO RANCHO AND THENCE ALONG SAID COMMON LINE, SOUTH 320 EAST 77.90 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" . . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 82-59 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of April , 19~, 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 1st day of July 19 ~. w~t. Clerk of the Cit . "..