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Resolution 1987-05 . . RESOLUTION NO, 87~5 RESOLUTION INITIATING REORGANIZATION OF TERRITORY DESIGNATED AS: "KERN~AVENUE REORGANIZATlON II 86~4H AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY AND IT DOES HEREBY FIND: 1. That, pursuant to the provisions of the Cortese-Knox Local Government Reorganiaation Act of 1985, a petition signed by owners of not less than five percent of the land in the hereinafter described territory, by area and by assessed value, was filed with the Council of the City of Gilroy requesting annexation of the hereinafter described territory to the said City and detachment from the South Santa Clara Fire District. 2. That the proposed reorganization is described on Exhibit HA" attached hereto, and is designated HKERN~AVENUE REORGANIZATION II 86~4H. 3. That the territory which the petitioners request be annexed to the City of GilroYt and which the City Council proposes to annex and to detach from the South Santa Clara County Fire District, is contiguous to the city limits of the City, contained less than 12 registered voters at the time the petition was filed, is uninhabited territory. 4. That said petition does not contain the written consent of all of the land owners to the annexation. 5. That the Council has previously approved a Negative Declaration and mitigation measures for the proposed annexation and reorganization as proposed. RESOLUTION NO. 87-5 ~l- . . 6. The reasons for the propo$ed reorganization are: (1) The unincorporated territory proposed for annexation is within Gilroy~s Urban Service Area as adopted by the Santa Clara County (LAFCO, (Local Agency Formation Commission) (2) The annexation proposed will not split any line of assessment or property ownership. (3) The County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the road annexation policies as adopted by the Santa Clara County LAFCO, (Local Agency Formation Commission). (4) The annexation proposed will not create any islands or areas in which it would be difficult to provide municipal services. (5) The annexation proposal is consistent with Gilroy's General Plan Land Use Map. (6) The annexation proposal is consistent with the intent of the goals and policies of the General Plan document; and (7) The unincorporated territory proposed for annexation is contiguous to existing City limits. 7. That Monday, the 2nd day of March 1987, at the hour of 8:00 p.m. in the Council Chambers in the City Hall in the City of Gilroy, County of Santa Clara, California, is hereby fixed as the time, date and place of hearing on the proposed reorganization. 8. Any interested person desiring to make written protest against said annexation or detachment shall do so by written com- munication filed with the city clerk of the City of Gilroy not later than the hour set for hearing. A written protest by a land owner shall contain a description sufficient to identify the land owned by him; a protest by a voter shall contain the residential address of such voter. 9. The City Clerk of the City of Gilroy is hereby authorized and directed to cause a copy of this resolution to be published once in the Gilroy-Morgan Hill Dispatch, a newspaper of general circulation published in the affected City, County and RESOLUTION NO. 87-5 -2- . . District, said publication to be complete at least fifteen (15) days prior to the date set for hearing. 10. The City Clerk is directed to cause written notice to be given to such other persons as may be legally entitled thereto, in the manner required by law. PASSED AND ADOPTED this 2nd day of February 1987 by the following vote: AYES: CQUNCILMEMBERS; ALBERT, GAGE, KLOECKER, MUSSALLEM, P AL'MERLEE , VALDEZ and HUGHAN COUNCILMEMBERS; NONE COUNCILMEMBERS; NONE NOES: ABSENT: ATTEST: AUI~k.?6. ~ I ty er RESOLUTION NO. 87-5 -3- o \t \ c.. !I..1 '" """ . . ... ~ EXHIBIT "A" DESCRIPTION OF KERN-MOREY REORGANIZATION II - 86-4 BEING all of Lots 32 & 36 and a portion of Lots 26, 27, 28, 30, 31, 34 & 35 as shown on "Map of Henry Miller's Subdivision of Las Animas Ranchlot No. 23" recorded in Book "H" of Maps at page 5, Records of Santa Clara County, California and also a portion of Las Animas Ranchlot 27 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5535 had in the Superior Court of the State of California, in and for the County of Santa Clara. and being more particularly described as follows: BEGINNING at the northwesterly corner of "Morey Avenue Reorganiz- ation 84-1" of the City of Gilroy as described in Resolution No. 84-45 of said City adopted June 4, 1984, and running thence along the easterly line of Santa Teresa Blvd. and the easterly line of "Morey-Mantelli Reorganization 83-2" of the City of Gilroy as described in Resoluti'on No. 842 of said City adopted January 3, 1984, N. 4056' E. 254.23 feet to a point in a southerly line of said "Morey-Mantelli Reorganization"; thence along the boundaries of said Reorganization N. 890 51' 35 "E. 562.51 feet, N. 40 56' 20 "E. 809.21 feet, N.89023'29"E. 977.13 feet, N.oo19'22"E. 243.00 feet, S.89051'42"W. 1529.86 feet to a corner of said Reorganization in the easterly line of Santa.Teresa Blvd. and in the easterly line of said "Morey-Mantelli Reorganization 83-2"; thence along said easterly line N. 50 26' 44 "E 715.51 feet to a corner of said "Kern- Morey Reorganization" in the southerly line of "Northwest Annexation 65-1 to the City of Gilroy a described in Resolution No. 959 of said City adopted September 15, 1966, thence along the boundaries of said Annexation S. 890 42' 03 "E. 1513.45 feet, S.0015'10"E. 319.44 feet and S.89052'20"E. 481.30 feet to a corner to said Annexation in the westerly line of Kern Avenue; thence along the westerly line of Kern Avenue and the boundary of said "Northwest Annexation 65-1" S.l (. 16' 50 "W. 1000.00 feet to a corner of said Annexation, being also a northwesterly corner of "Kern Avenue Reorganization 84-5" of the City of Gilroy as described in Resolution No. 86-56 of said City adopted September 15, 1986; thence along the boundaries of said Reorganization S.P16'50"E. 79.20 feet, S.89054'04"W. 493.82 feet, S.0027'39"W. 20.00 feet S.89054'04"W. 658.28 feet, S.oo15'lo"W. 315.92 feet, S.16028'36"E. 104.21 feet, N.89('5l'43"E. 32.43 'feet and S. 0052' 20 "W. 250.00 feet to the northeasterly corner of said "Morey Avenue Reorganization 84-1"; thence along the northerly line thereof N. 88(' 08' 54 "W. 1026.50 feet to the point of beginning, and CONTAINING THEREIN 57.04 ACRES. RESOLUTION NO. 87-5 No. 7946 . . EXHIBIT "A" DESCRIPTION OF KERN AVENUE REORGANIZATION II - 86-4 BEING all of Lots 32 & 36 and a portion of Lots 26, 27, 28, 30, 31, 34 & 35 as shown on "Map of Henry Miller's Subdivision of Las Animas Ranchlot No. 23" recorded in Book "H" of Maps at page 5, Records of Santa Clara County, California and also a portion of Las Animas Ranchlot 27 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5535 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being more particularly described as follows: BEGINNING at the northwesterly corner of "Morey Avenue Reorganiz- ation 84-1" of the City of Gilroy as described in Resolution No. 84-45 of said City adopted June 4, 1984, and running thence along the easterly line of Santa Teresa Blvd. and the easterly line of "Morey-Mantelli Reorganization 83-2" of the City of Gilroy as described in Resolution No. 842 of said City adopted January 3, 1984, N.4056'E. 254.23 feet to a point in a southerly line of said "Morey-Mantelli Reorganization"; thence along the boundaries of said Reorganization N.8905l'35"E. 562.51 feet, N.4056'20"E. 809.21 feet, N.89023'29"E. 977.13 feet, N.oo19'22"E. 243.00 feet, S.8905l'42"W. 1529.86 feet to a corner of said Reorganization in the easterly line of Santa Teresa Blvd. and in the easterly line of said "Morey-Mantelli Reorganization 83-2"; thence along said easterly line N. 50 26' 44 "E 715.51 feet to a corner of said "Kern- Morey Reorganization" in the southerly line of "Northwest Annexation 65-1 to the City of Gilroy a described in Resolution No. 959 of said City adopted September 15, 1966, thence along the boundaries of said Annexation S.89042'03"E. 1513.45 feet, S.oo15'10"E. 319.44 feet and S.89052'20"E. 481.30 feet to a corner to said Annexation in the westerly line of Kern Avenue; thence along the westerly line of Kern Avenue and the boundary of said "Northwest Annexation 65-1" S. P 16' 50 "W. 1000.00 feet to a corner of said Annexation, being also a northwesterly corner of "Kern Avenue Reorganization 84-5" of the City of Gilroy as described in Resolution No. 86-56 of said City adopted September 15, 1986; thence along the boundaries of said Reorganization S.P16'50"E. 79.20 feet, S.89054'04"W. 493.82 feet, S.oo27'39"W. 20.00 feet S.89054'04"W. 658.28 feet, S.oo15'16"W. 315.92 feet, S.16028'36"E. 104.21 feet, N.8905l'43"E. 32.43 feet and S. 0052' 20 "W. 250.00 feet to the northeasterly corner of said "Morey Avenue Reorganization 84-1"; thence along the northerly line thereof N. 89008' 54 "W. 1026.50 feet to the point of beginning, and CONTAINING THEREIN 57.04 ACRES. . . .~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 87-5 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of February, 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 ~day of 19 87. February (Seal)