Loading...
Resolution 1982- 74 . . 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 . . 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 ~~~~~ NOES: ABSENT: A~..~~.... ?lA1~W. / ...... . ty er. RESOLUTION NO. 82-74 -2- Yil~:~ . . ~"""""""""""",~"""""";,""",;"""",;",,,'"...<u,t(.""I'."'~'>l'-i"!~~_,: ,-.-.. .- _-,r:" -"::"~. .' .i/ .. < '- '-;J ~ 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 -'-.-'_.'~~'--'-r,-~-.-,.-..- ~h." . . ';~.~~J,,,."-littii~. I' ( . 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. ) EXHIBIT A . r . . .