Resolution 1982- 59
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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
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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:
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RESOLUTION NO. 82-59
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APPLICATION NO.
G Y - L. . 'J 2 3
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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"
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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"
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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
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