Resolution 1987-05
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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
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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
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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
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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
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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.
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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)