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Resolution 1994-58 ."..~ ........ . . 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 -1- RESOLUTION NO. 94 - 58 . . 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 -2- RESOLUTION NO. 94 - 58 . . 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 -3- RESOLUTION NO. 94 - 58 tMI 'MH, Incorporated Civil Engineers . Planners . Surveyors . 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 . . 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; . . 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: . . 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 \ \\ lW\ 1\ '.. " ~.... -. ( ....::;:. , -4 \ \ ....:::,. \ \ .......... :' , , . . "'-- I ~. 0 \1)-r ()1)- ~ ~ f'~Z 'Ill \1 ;~ -...11' A -- ~ l . SlJ' "i"" n ~l" . ~~t ~ C\ \1l R !lD :d II ..." " ~~ . 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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 - 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 " .. 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 (?~~~ ......". "'--"1."4. I 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 ~...-<-, ~~ ~ ./ " 03-22-1994 09:31AM 4153244170 TOTAL P. 02 P.02 . . . . . , 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)