Resolution 1982- 74
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RESOLUTION NO. 82-74
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 81-4 has been made by ERNEST S.
and ANN R. FILICE and VAL A. and ELSIE E. FILICE to the City
for cancellation of the Williamson Act contract on 66 acres,
more or less, of land east of the South Valley Freeway, north-
east of Luchessa Avenue and Rossi Lane, and
WHEREAS, the City Council, after giving due notice did
on the 3rd day of May, 1982, conduct a public hearing to
consider cancellation of Williamson Act Contract No. 71.288,
on property located east of the South Valley Freeway, northeast
of Luchessa Avenue and Rossi Lane, and more particularly
described on Exhibit A attached hereto, and
WHEREAS, on January l, 1982, there were less than 300
acres of Williamson Act land within the Gilroy City limits; and
WHEREAS, the City Council finds that pursuant to
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 ~indings and reached a decision
on the Williamson Act Cancellation request as hereinafter set
forth;
RESOLUTION NO. 82-74
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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 cancellation of Williamson Act Contract is hereby
APPROVED by the City Council to allow cancellation of Williamson
Act Contract No. 11.288. 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 3rd day of May, 1982, by the
following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR,
VALDEZ and GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS : NONE
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NOES:
ABSENT:
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RESOLUTION NO. 82-74
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1et land referred to nereln IS described as follows:
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA; DESCRIBED ~S FOLLOWS:
BEGINNING AT A 2 INCH BY 3 INCH STAKE MARKED B. 2M.S.Y. STANDING
AT THE EASTERNMOST CORNER FOR RANCH LOTS 47, AND 48 OF THE LAS
ANIt-1AS RANCHO PARTITION: (CASE NO. 5536 IN THE SUPERIOR COURT OF
SANTA CLARA CALIFORNIA) AND RUNNING THENCE WESTERLY AND ALONG
THE DIVIDING LINE BETWEEN SAID RANCH LOTS 47 AND 48, NORTH 890 46'
WEST 1761.85 FEET TO AN IRON PIPE STANDING AT THE NORTHEASTERLY
CORNER OF THE 3.06 ACRE TRACT OF LAND CONVEYED BY MILLER AND LUX
INCORPORATED TO ALEISSO LUCHESSA, ET AL, BY DEED DATED APRIL 12, 1927
AND RECORDED APRIL 22, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA IN VOLUME 459 OF
OFFICIAL RECORDS, PAGE 313, THENCE LEAVING SAID DIVIDING LINE AND
RUNNING SOUTHEASTERLY, SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE
NORTHEASTERLY BOUNDARY LINE OF SAID 3.06 ACRE TRACT.OF LAND CONVEYED
BY SAID MILLER AND LUX INCORPORATED TO SAID ALEISSO LUCHESSA, ET AL,
AS AFORESAID AND ALONG THE NORTHEASTERLY BOUNDARIES OF THE TWO TRACTS
OF LAND ALSO CONVEYED BY SAID MILLER AND LUX INCORPORATED TO ALEISSO
LUCHESSA, ET AL BY DEED DATED MARCH 30, 1933 AND RECORDED APRIL 8,
1933 IN SAID RECORDERS OFFICE IN BOOK 645 OF DFFICIAL RECORDS, ON PAGE
283, THE FOUR FOLLOWING COURSES AND DISTANCES; SOUTH 60 57' EAST
733.42 FEET TO AN IRON PIPE; SOUTH 320 05' EAST 410.84 FEET TO A 2
INCH STAKE SOUTH 570 55' WEST 20 FEET TO A FLUSH IRON PIPE STANDING
I N THE MI DDLE OF A 40 .FOOT ROAD AND SOUTH 320 05' EAS.T ALONG THE.
CENTER OF SAID ROAD 992.00 FEET TO AN IRON PIPE SET FLUSH IN THE
CENTER LINE OF THE 40 FOOT ROAD COMMONLY KNOWN AS LUCHESSA AVENUE
AT THE EASTERNMOST CORNER OF THE PARCEL OF LAND DESCRIBED AS PARCEL
NO.2 IN SAID DEED FROM MILLE~ AND LUX INCORPORATED TO ALEISSO LUCHESSA,
ET AL, DATED MARCH 30, 1933 (SAID POINT BEING ALSO THE WESTERNMOST
CORNER OF THE 20 ACRE TRACT OF LAND CONVEYED BY M.E. THOMAS TO
MICHELE MONDELLI BY DEED DATED MARCH II, 1926 AND RECORDED MARCH 22,
1926 IN SAID RECORDER'S OFFICE IN VOLUME 232 OF OFFICIAL RECORDS,
PAGE 57) THENCE NORTHEASTERLY AND ALONG THE NORTHWESTERLY LINE OF SAID
20 ACRE TRACT NORTH 570 55' EAST 1820.50 FEET TO ~N IRON PIPE STANDING
AT THE NO~THERMOST CORNER OF SAID 20 ACRE TRACT IN THE ~ORTHEASTERLY
LINE OF SAID RANCHO LOT 48 AND THE NORTHWESTERLY AND ALONG SAID
NORTHEASTERLY LINE OF RANCHO LOT 48, NORTH 320 05' WEST 111,9 ~ 80
FEET TO THE POINT OF BEGINNING, BEING A PART OF SAID RANCHO LOT
48 OF SAID PARTITION OF THE LAS ANIMAS RANCHO COURSES TRUE.
VARIATION 180 EAST, SURVEYED FOR JAS. A. CLAYTON AND COMPANY, BY
F. A. HERRMANN OF HERRMANN BROTHERS. SURVEYORS & C.E.'S SAN JOSE, CALIFORNI
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM
ALVIN NOLL, ET UX, TO SANTA CLARA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, DATED OCTOBER 10, 1960 AND RECORDED DECEMBER
27, 1960 IN BOOK 5024 OFFICIAL RECORDS, PAGE 127, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT A
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BEING A PORTION OF LAS ANIMAS RANCH LOT 48 AS SHOWN UPON MAP NO. 7
OF THE LAS ANIMAS RANCHO PARTITION (CASE NO. 5536 IN THE SUPERIOR
COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA;, AND
BEING ALSO A PORTION OF THAT CERTAIN 67.227 ACRE TRACT OF LAND
SHOWN UPON THE MAP OF RECORD OF SURVEY RECORDED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
DATED SEPTEMBER 6, 1956 IN BOOK 74 OF MAPS, PAGE 33, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1 1/2 INCH IRON PIPE DESIGNATED AS B.2M.S.Y. IN
THE EASTERNMOST CORNER COMMON TO RANCH LOTS 47 AND 48, SAID IRON
PIPE BEING ALSO .ON THE BOUNDARY COMMON TO LAS ANIMAS RANCHO AND
RANCHO SAN YSIDRO AND RUNNING THENCE FROM SAID POINT OF. BEGINNING
WESTERLY ALONG THE LI,NE COMMON TO RANCH LOTS 48 AND 47 NORTH 890
47' 4Q" WEST 1761.74 FEET TO AN IRON PIPE AT THE NORTHWESTERLY
CORNER OF THE 67.227 ACRE TRACT HEREINABOVE REFERRED TO; THENCE
SOUTH 70 01' 40" EAST ALONG THE WESTERLY LINE THEREOF 27.72 FEET;
THENCE EASTERLY PARALLEL TO AND 27.50 FEET FROM SAID LINE COMMON
TO RANCH LOTS 48 AND 47 SOUTH 890 47' 40" EAST 1775.63 FEET TO A
POINT IN THE LINE COMMON TO LAS ANIMAS RANCHO AND RANCHO SAN YSIDRO
AND THENCE NORTH 320 OS' WEST 32.53 FEET ALONG SAID LINE TO THE
POINT OF ~EGINNING.
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EXHIBIT A
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