Resolution 1994-58
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RESOLUTION NO. 94 - 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE REORGANIZATION OF APPROXIMATELY
184.8 ACRES OF LAND NORTH OF PACHECO PASS HIGHWAY
AND EAST OF HIGHWAY 101, FOR ANNEXATION TO THE CITY
OF GILROY AND DETACHMENT FROM THE SOUTH SANTA CLARA
COUNTY FIRE DISTRICT (PACHECO PASS REORGANIZATION
93-02)
WHEREAS, pursuant to part 1 of Title 5, Division 3, commencing
with section 56000 of the California Government Code, petitioner Kimball
Small Properties, Incorporated has petitioned for annexation to the City of
Gilroy approximately 184.8 acres of land on the north side of Pacheco Pass
Highway, and the east side of Highway 101, consisting of four parcels
numbered APN 841-18-042, 043, 044 and 841-10-039, known as Pacheco Pass
Reorganization 93-02 and described in the legal description and shown on the
map attached hereto as Exhibit "A" and incorporated herein by this
reference; and
WHEREAS, the owners of all affected parcels have consented to the
annexation, as demonstrated by the document attached hereto as Exhibit "B"
and incorporated herein by this reference; and
WHEREAS, the reason for this reorganization is that the affected
lands are contiguous to the City of Gilroy, making annexation a logical
extension of City limits to lands whose use and development the City should
control and detachment a logical transfer of fire services from a county
entity to the City; and
WHEREAS, this proposal is consistent with the Sphere of Influence
of Gilroy; and
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RESOLUTION NO. 94 - 58
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WHEREAS, the regular county assessment roll will be used for taxes
and assessments in the lands to be annexed; and
WHEREAS, on March 15, 1993 the City Council duly certified an
Environmental Impact Report in connection with an amendment to the City of
Gilroy's General Plan redesignating a portion of this property to General
Services Commercial and in connection with the future annexation and
development of this site pursuant to the California Environmental Quality
Act; and
WHEREAS, the lands proposed to be annexed are unincorporated
territory within Santa Clara County which is within the Urban Service Area
of the City of Gilroy so that, pursuant to Government Code Section 56826,
the Santa Clara County Local Agency Formation Commission (LAFCO) shall not
review this reorganization, and the City Council is the conducting authority
for the reorganization; and
WHEREAS, the consent of all owners of land within the affected
territory makes notice and a public hearing unnecessary prior to completing
the reorganization;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Gilroy hereby finds as follows:
A. That this reorganization includes the annexation to the city
of unincorporated territory within the Urban Service Area of the City as
adopted by LAFCO; and
B. That the County Surveyor has determined the boundaries of the
proposal to be definite and certain, and in compliance with the road
annexation policies of the commission; and
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RESOLUTION NO. 94 - 58
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C. That the proposal does not split lines of assessment or
ownership; and
D. That the proposal does not create islands or areas in which
it would be difficult to provide municipal services; and
E. That the proposal is consistent with the adopted General Plan
of the City; and
F. That the territory is contiguous to existing City limits; and
G. That the City has complied with all conditions imposed by
LAFCO for inclusion of the territory in the Urban Service Area of the City;
and
BE IT FURTHER RESOLVED THAT the lands described herein are hereby
ordered to be annexed to the City of Gilroy and detached from the South
Santa Clara county Fire District; and
BE IT FURTHER RESOLVED THAT the City Clerk shall submit forthwith
a certified copy of this resolution and the fees required by Government Code
Section 54902.5, collected from the lead petitioner, to the executive
officer of the Santa Clara County Local Agency Formation Commission.
PASSED AND ADOPTED this 5th day of JULY, 1994, by the following
vote:
NOES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE.
COUNCILMEMBERS: None
AYES:
ABSENT:
COUNCILMEMBERS: None
ATTEST:
~~f~
Mayor
City Clerk
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RESOLUTION NO. 94 - 58
tMI
'MH, Incorporated
Civil Engineers . Planners . Surveyors
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James T. Harper
William J. Wagner. R.C.E
EXHIBIT A
Job No. 2118-01-00
December 22, 1993
(Rev. June 22, 1994)
Page 1 of 4
LEGAL DESCRIPTION
FOR
ANNEXATION TO THE CITY OF GILROY
PACHECO PASS REORGANIZATION 93-02
All that certain real property' situate in the County of Santa
Clara, State of California, described as follows:
Beginning at the most easterly corner of the City of Gilroy
Annexation No. 132, being "Gilman Road Annexation 81-8 to the City
of Gilroy" as described in Resolution 81-113 of said City dated
December 21, 1981, thence coincident with the southeasterly
extension of the northeasterly line of said Annexation No. 132
S 31' 26' 55" E, 201.92 feet to a point in the southerly line of
Parcel "B" as described in that Final Order of Condemnation Action
recorded in Book K121 at Pages 305 to 310, Official Records of
Santa Clara County:
Thence coincident with the southerly line of said Parcel "B" the
following three (3) courses:
1. N 85' 30' 00" E, 23.83 feet,
2. along the arc of a 900.00 foot radius curve to the right
386.26 feet, through a central angle of 240 35' 24",
3. S 69' 54' 36" E, 1929.44 feet to the most southerly corner of
the aforementioned Parcel "B" being also a point in the
southeasterly line of that 85.95 acre parcel as shown and so
designated on that certain Record of Survey recorded in Book
386 of Maps at Page 14, Records of Santa Clara County:
Being also the most westerly corner of that certain real property
described in Grant Deed to Santa Clara Valley Water District dated
August 8, 1985 and recorded in Book J422 at Pages 737 to 743,
Official Records of Santa Clara County:
Thence coincident with the southwesterly line thereof the following
six (6) courses:
1. S 69" 54' 36" E, 981.44 feet,
2. along the arc of a 900.00 foot radius curve to the right
283.72 feet, through a central angle of 180 03' 44",
3. S 51" 50' 52" E, 279.14 fest,
1353 Oakland Road P. 00 Box 611510, San Jose, CA 95161-1510 408/294-3232 Fax: 408/298-3812
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Job No. 2118-01-00
. December 22, 1993
(Rev. June 22, 1994)
Page 2 of 4
4. along the arc of a 630.00 foot radius curve to the right
234.91 feet, through a central angle of 21.21' 51" to a point
of reverse curvature,
5. along the arc of an 895.00 0 foot radius curve to the left
297.05 feet, through a central angle of 19. 00' 59",
6. S 49. 30' 00" E, 60.65 feet more or less to a point in the
southeasterly lin~ of Lot 6 as shown and so designated on that
certain plat entitled "Elizabeth H. Martin Tract" recorded in
Book F of Maps at Page 31, Records of Santa Clara County;
Thence coincident therewith S 51. 52' 50" W, 841.40 feet to a point
in the northerly line of the City of Gilroy Annexation No. 59 being
"Pacheco Pass Annexation 70-6 to the City of Gilroy" as described
in Resolution No. 1504 of said City dated June 8, 1970, designated
as "N 89. 18' 20" W, 266.54 feet" from which the westerly terminus
of said course bears coincident there with 49.06 feet.
Thence coincident with the aforementioned northerly line of Gilroy
Annexation No. 59 the following sixteen (16) courses as they are
shown within
1. N 89. 18' 20" W, 49.06 feet (shown as 266.54 feet) to
the point of tangency with a 967 foot radius curve to the
right;
2. Thence along the arc of said 967 foot radius curve
through a central angle of 7. 53' an arc distance of
133.05 feet;
3. Thence N 81. 25' 20" W, 0 441. 46 feet to the point of
tangency with a 4967 radius curve to the right;,
4. Thence along the arc of said 4967 foot radius curve
through a central angle 1. 18' 30" an arc length of
113.42 feet;
5. Thence N 80. 12' W, 315.37 feet to the point of tangency
with a 2033 foot radius curve to the left;
6. Thence along the arc of said 2033 foot radius curve
through a central angle of 3. 12' an arc distance of
113.54 feet;
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Job No. 2118-01-00
December 22, 1993
(Rev. June 22, 1994)
Page 3 of 4
7. Thence N 83 - 24' W, 1369.78 feet to the Tenth street
interchange northerly right of way line: Thence along
said Tenth street interchange right of way line the
following courses and distances: 0
8. No81- 35' 41" W, 344.22 feet:
9. N 85. 44' 02" W, 265.52 feet to the point of tangency
with a 40 foot radius curve to the right:
10. Thence along the arc of said 40 foot curve through a
central angle of 62- 33' 43" an arc distance of 43.68
feet:
11. Thence N 23. 10' 19"W, 21.97 feet to the point of
tangency with a 93 foot radius curve to the left:
12. Thence along the arc of said 93 foot radius curve through
a central angle of 85- 42' 52" an arc length of 139.13
feet:
13. Thence S 71- 06' 49" W, 151.75 feet to the point of
tangency with a 120 foot radius curve to the right:
14. Thence along the arc of said 120 foot radius curve
through a central angle of 25. 29' 11" an arc distance of
53.38 feet to the point of intersection with the
northerly line of Pacheco Pass Highway (66 feet wide) :
15. Thence along the said northerly line of Pacheco Pass
Highway N 83- 24' W, 382.37 feet more or less:
16. Thence along said city limits line N 32- 14' W, 5.13 feet
more or less to the most easterly corner of the City of
Gilroy Annexation 21, being the "First Eastern Addition
Annexation 62-7" as described in Resolution 713 and
adopted by City Ordinance 681 on July 18, 1962:
Thence coincident with the northeasterly and northwesterly lines
thereof, as they are shown within said Annexation 21:
1. N 32. 05' W, 963.59 feet,
2. S 57. 55' W, 292.65 feet to a point in the northeasterly line
of the City of Gilroy Annexation 16, being the "Jung Eastern
Addition" described in Resolution 581 and adopted by City
Ordinance 629 on July 22, 1960:
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Job No. 2118-01-00
December 22, 1993
(Rev. June 22, 1994)
Page 4 of 4
Thence coincident with the northeasterly line thereof, as shown
therein N 32 - 5' W, 439. 45:t feet (shown as 8.69 Chs or 569.58
feet);
Thence coincident with the northwesterly line Oof 0 said Annexation 16
S 57 - 55' W, 29.25 feet to the most easterly corner of the
aforementioned City of Gilroy Annexation 132, Parcel Two;
Thence coincident with the boundary thereof the following seven (7)
courses as they are shown within said Annexation 132, Parcel Two:
1. N 22- 51' 07" W, 721.17 feet;
2. S 77- 09' 45" E, 40.00 feet;
3. N 13- 09' 27" E, 20.00 feet;
4. S 76- 50' 33" E, 21.28 feet;
5. N 89- 03' 02" E, 141.84 feet:
6. along a curve to the left with a radius of 1017 feet, through
a central angle of 2- 20' 23" for a distance of 41.53 feet:
7. N 31. 26' 55" W, 163.73 feet to a point in the southerly line
of the aforementioned "City of Gilroy Annexation 132," Parcel
One;
Thence coincident with the southerly boundary thereof the following
four (4) courses as they are shown within said Annexation 132,
Parcel One:
1. along a curve to the left with a radius of 883.00 feet, from
a tangent bearing of S 83. 25' 45" E, through a central angle
of 11- 04' 09" for a distance of 170~59 f~et:
2. N 85. 30' E, 772.03 feet;
3. N 81- 46' 51" E, 200.42 feet;
4. N 85- 30' E, 453.15 feet to the point of beginning.
SMM:nw/2118-01.leg
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.TITIO~
EXHIBIT "B" '.
FOR ANNEXATION OF UNIN.IT~
CIT!' OF GILROY
TERRITORY TO
To: The Honorable council of the City of Gilroy
We, the undersigned, do hereby respectfully represent:
That we are the owners of all the land in the territory located in Santa Clara
COunty and described in Exhibit' -A- attached hereto and made a part hereof, by ar~a
and by assessed value, as shown on the last equalized assessment roll of the County
of Santa Clara.
That said premises are contiguous to the Northerlv and Easterly
of the City of Gilroy;
City Limits
That said land has less than twelve (12) registered voters residing within it at
the time of the filing of this petition and the said premises are uninhabited territory
as the same is defined in Section 35303 of the Government COde of the State of
California;
That said petitioners desire that said territory be annexed to the City of
Gilroy as uninhabited territory;
That each of the undersigned owner~ does hereby consent to the taxation by the
City of Gilroy, upon and after the annexation of said territory to said City, of
property within the said territory to pay any and all bonded and other indebtedness
and any and all liabilities of said city contracted prior to or existing at the time
of annexation of said territory to the City of Gilroy I said property to be taxed for
said purposes equally with other property in said City which is taxable for such
purposes; that it shall be a condition of the said annexation of said territory to
the City of Gilroy that off-site drainage fees for the benefit of said territory must
be paid before any connections are made to water or sewer mains benefiting or
affecting the said property.
In the annexation proceedings, the said territory proposed to be annexed will
be designated as - Pacheco Pass Reorganization 93-02
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WHEREFORE, petitioners pray that such proceedings Qe taken as may be required
by l~w to annex the described territory to the City of Gilroy as uninhabited
territory.
Dated:
2-'''5.9t
Pacific Gas & Electric Comp~ ^' _
- o-tA~ ~--~ .
Lu de Silva Director, New Business Land Serv1ces
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FOR ANNEXATION OF UNINHABITED
CITY OF GILRQY
TERRITORY TO '
tlTITION
To: The Honorable council of the City of G1.lroy
We, the undersigned, do hereby respectfully represent:
That we are the owners of all the land in the territory located in Santa Clara
County and described in Exhibit "A" attached hereto and made a part hereof, by area
and by assessed value, as shown on the last equalized assessment roll of the county
of Santa Clara.
That said premises are contiguous to the
of the City of Gilroy;
Eastern
City Limits
That said land has less than twelve (12) registered voters residing within it at
the time of the filing of this petition and the said premises are uninhabited territory
as the same is defined in Section 35303 of the Government COde of the State of
California;
That said petitioners desire that said territory be annexed to the City of
Gilroy as uninhabited territory;
That each of the undersigned owne~s does hereby consent to the taxation by the
City of Gilroy, upon and after the annexation of said territory to said City, of
property within the said territory to pay any and all bonded and other indebtedness
and any and all liabilities of said city contracted prior to or existing at the time
of annexation of said territory to the City of Gilroy, said property to be taxed for
said purposes equally with other property in said City which is taxable for such
purposes; that it shall be a condition of the said annexation of said territory to
the City of Gilroy that off-site drainage fees for the benefit of said territory must
be paid before any connections are made to water or sewer mains benefiting or
affecting the said property.
In the annexation proceedings, the said territory proposed to be annexed will
be designated as " Pacheco Pass Reorganization 93-02
WHEREFORE, petitioners pray that such proceedings be taken as may be required
by law to annex the described territory to the City of Gilroy as uninhabited
territory.
Dated: Fphrll:1ry 2, 1 qq4
(?~~~
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LITtoN !'OR ANNli:DTI:ON OF'~ ~ -:0
c:n-r 01' GII.JtOr
To: The Honorable council of the C1ty of Gtlroy
We, ~he uDd.ersigned, do hereby respectfully repl:'1ltMtnt:
That we are t:be owawrll of all the land iD the territory l.oc:ated in santa Clara
county and desc:rl.bed in Exh.ibi.1; "A" attached hereto And made .. part herltOt, by area
and ~y ___8e4 value, as shown on the last equalized aJlsessm.eJ1t roll of the COunty
of sane&. Clara.
'nlat .ald premises are contiguous to the
of the City o:f Gi~OYi
Eastern
Ci.ty Limits
That nJ.d land ba.s less than twelve (12) registered -voter. ras.1.ding within it ~:c
the time of the filing of this petition and the said premi... are nnh,habited territory
as t."1e S~ is defined i.n Section 35303 of the Government COde of the State of
ca.lifoX""-ia;
':'hat aaid petitioners desi.re that said territory ):)e annexed. to the C1.ty of
Gilroy as nfti~h~bited territory;
'rhat each of the unde.r3iqned ownus does hereby con.ent to the taxation by the
City of Gilroy, upon and after the annexation of said territory to .aid City, of
property wit:tUn the said territory to pay any and all bonded and. other. indebtedness
a.Qd any mid all liabiliti... 0% said city cont:raceed prior 'to or exist:.i:1q at: 1:he time
ot anAex&tioc ot sa.1.c1 ter:i.tory to tbe <:1ty of <;ilroy, .aiel property to :be tUfld for
sai.d purposes equally with other property in said City which i.s taxable for such
pgrpo...; t:ha1: it .hall be .. condition of the said anne~at10Zl of .aid territory to
the Cj.~y of Gi.lroy that off-si.te draina<;a f_a for the benefit of .aid territory must
be pai.d be1!ore any comzection& are made to wa.ter or sewer mai.ns l:lenefitinq or
&ffact~ the aai.d. property.
~
IZl t:he &nfteX&tioD proceed~, the :said territory p:opo:sed to be an~e.xed. wi.ll
})e desiqnated. as " Pacheco Pass ReorQsni:zation 93-02
~, pet.1.tionus pray that auch proeeed.ingB be taken as may be required
by la.w to a.anex the deser1bed. territory to the City of (Ulrey u W1i.nbabi~ed
t:erritory.
Dated: F~nrl1::lry 2. 1 qq4
~...-<-, ~~ ~
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03-22-1994 09:31AM
4153244170
TOTAL P. 02
P.02
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I, SUSARHE E. STBIRMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attachecl Resolution Ro. 94-58
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
5th
clay of
Julv
, 19~,
at which meeting a quorum was pre.ent.
IR WITRBSS WBERBOF, I have hereunto set my hand and affixecl the
Official Seal of the City of Gilroy this ~ clay of
Julv
,1994.
A~ ·
City~Clerk of the City of Gilro
(Seal)