Resolution 1995-90
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RESOLUTION NO. 95 - 90
RESOLUTION INITIATING REORGANIZATION OF TERRITORY DESIGNATED AS:
"SHAPELL REORGANIZATION 95-01" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF
PROTESTS THERETO.
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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
Reorganization Act of 1985, a petition signed by owners of not less than fifty
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 "A" and Exhibit
"B" attached hereto, and is designated "SHAPELL REORGANIZATION 95-01".
3. That the territory which the petitioners request be annexed to the City of
Gilroy, 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 twelve 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 City Council has previously certified a Final Environmental Impact
Report and adopted a Statement of overriding Considerations and Findings of Fact
and adopted a Mitigation Monitoring Program for the proposed annexation and
reorganization as proposed.
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RESOLUTION NO. 95 - 90
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6. The reasons for the proposed 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 the City of Gilroy's
General Plan Land Use Map.
(6) The annexation p~oposal is consistent with the intent of the goals and
policies of the City of Gilroy's General Plan document; and
(7) The unincorporated territory proposed for annexation is contiguous to
existing City limits.
7. That Tuesday, the 16th day of January 1996, at the hour of 7:00 p.m. in the
Council Chambers at 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 communication filed with the city
Clerk of the city of Gilroy not later than one hour set for hearing. A written
protest by a land owner shall contain a description sufficient to identify the land
owned by him; and 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 District, said publication to be complete at least fifteen (15) days prior to
the date set for hearing.
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RESOLUTION NO. 95 - 90
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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.
t
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PASSED AND ADOPTED this 18th day of December 1995, by the following vote:
NOES:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ
GAGE.
COUNCILMEMBERS: None
AYES:
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ABSENT:
COUNCILMEMBERS: None
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RESOLUTION NO. 95 - 90
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. SHAPELL REORGANIZATION tin
LEGAL DESCRIPTION
EXHIBIT "/) If
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California,
described as follows:
A portion of the Solis Rancho described as a portion of,Parcel B as shown on that certain Parcel
Map which was filed for record on July 11, 1973 in Book 326 of Maps at Page 35, Official
Records of Santa Clara County California, and all of Parcel 3, as shown on that certain Parcel
Map which was filed for record on February 24, 1995 in Book 663 of Maps at Pages 13 and 14,
Official Records of Santa Clara County, California, together with a portion of Ranch Lot No. 11
as shown onlMapNo. 7 accompanying the Final Report pfthe Referees in the Las J\nima~ Rancho
Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for
the County of Santa Clara, more particularly described as follows:
Beginning at the Northwesterly comer of Ranch Lot No. 11 as shown on said Map no. 7, said
comer also being the southwest comer of that Parcel 1,1 as shown said Parcel Map (663-M-13 &
14); thence along the common line between the Solis lb""oo and the Las J\n;ma~ Rancho, also
being along the southerly line of the last said Parcel Map South 89052' 17" East 1,675.00 feet
to the southerly corner common to Parcell and Parcel 3 of said Parcel Map (663-M-13 & 14);
thence leaving the last said line and l1lnning North 00008' 00" West 839.38 feet, along a line
common to Parcels 1 and 3 of said Parcel Map to the northwesterly corner of said Parcel 3;
TI1ence along the line common to Parcel 2 and Parcel 3 as said parcels are shown on said Parcel
Map, the following eight courses:
1. North SOO 47' 57" East 415.84 feet;
2. Thence North 62030' 40" East 325.10 feet;
3. Thence North 570 03' 40" East 211.50 feet;
4. Thence North so'o 06' 10" East 475.20 feet;
5. Thence South 630 19' 00" East 352.70 feet;
6. Thence South 440 14' 30" East 692.95 feet;
7. Thence South 69033' 10" East 182.00 feet;
8. Thence North 36003' 20" East 129.40 feet to the easterly line of Parcel 3, being
also the westerly line of Parcel A as shown on that certain Parcel Map filed for
record on July 13, 1973, in Book 326 of Maps at page 35, Official Records of
Santa Clara County;
Thence along the last said common boundary South 000 16' 00" East 210.58 to the common line
between Parcel A and Parcel B of said Parcel Map (326-M-35); Thence along said common line
between Parcel A and Parcel B, the following seven courses:
1. South 56034' SO" East 102.10 feet;
2. Thence South 33023' 50" East 113.60 feet;
3. Thence South 38042' 00" East 60.95 feet;
4. Thence South 67031' 50" East 83.95 feet;
5. Thence South 830 13' 00" East 110.30 feet;
6. Thence South 770 19' 30" East 196.05 feet;
7. TI1ence South 83038' 50" East 239.62 feet to the easterly line of Parcel B of said
Parcel Map;
Thence along said easterly line South 00006' 30" West 130.20 feet to the common line between
Page 1 of 6
. SHAPELL REORGANIZATION _1
LEGAL DESCRIPTION
the Solis Rancho and the Las Animas Rancho, also being the northerly line of Palcel B as shown
on the last said parcel map; thence along the last said line South 89055' 00" East 1178.14 feet
to the southwest comer of Lot B, as shown on the Map of Partition of the Land of L. Fine in the
Solis Rancho which map is filed for record in Book F of Maps at page 9, Official Records of
Santa Clala County, California; said point also being the Southwest comer of the Hecker Pass
Reorganization 91-1 to the City of Gilroy, Resolution No. 91-47 approved July 15, 1991; thence
along the boundary of the Hecker Pass Reorganization 91-1 the following four courses:
1. Along the south line of said Parcel B, East 431.60 feet to the common line between
Lot 1 as shown on the "Map of A Subdivision of Lands of S.P. Fine in the Solis
Rancho" filed for Record in Book F2 of Maps at page 46, and said Lot B;
2. Thence along said common line NorthlOOo 16' 30" East 795.24 feet to the
northwest comer cf Parcel A, as shown on that Record of S>nvey, which was filed
in Book 270 of Maps, pages 22 and 23, Official Records of Santa Clara County;
3. Thence leaving said common line between said Lot 1 and Lot B, along the
northerly boundary of said Parcel A, South 55044' SO. East 206.62 feet to the
northerly comer common to said Parcel A and Parcel S, as shown on said Record
of Survey (270-M-22 & 23);
4. Thence along the northerly line of said Parcel S and its easterly prolongation,
South 610 18' 47" East 291.15 feet to the East line of said Lot I, also being the
westerly line of the Hecker Pass - Morey Avenue Annexation No. 66-1 to the City
of Gilroy, Resolution No. 1013, Dated May 4, 1966;
Thence along the common line to said Lot 1 and the Heicker Pass - Morey Avenue Annexation
South 040 30' 00" West 537.78 feet to the southerly common comer 1hcreof, thence along the
southerly line of Lot 2 as sbownon said Map of a Subdivision of Lands of S.P. Fme in the Solis
Ranch filed in Book F-2 of Maps at page 46 Records of Santa Clara County South 860 45' 00"
East 200.07 feet to the easterly line of Santa Teresa Expressway as shown on Record of Survey
Map filed for Record in Book 264 of Maps at pages 27 and 28, official Records of Santa Clara
County, also being the most northerly comer of the Santa Teresa j.""""'ation 80-5 to the City of
Gilroy, Resolution No. 81-29, approved March 16, 1981; thence along the westerly and southerly
boundary of said Santa Teresa Annexation 80-5, the following twenty courses:
1. Along the easterly line of Santa Teresa Expressway as shown on said map South
04 0 56' 15" West 57.52 feet;
2. Thence along the southerly line of Santa Teresa Expressway North 850 03' 45"
West 130.00 feet to a point of curvature;
3. Thence along the northeasterly line of Santa Teresa Expressway as shown on said
map, along a curve to the left whose radius bears South 850 03' 45" East 1,430.00
feet, through a centraI angle of 270 58' 30" an arc length of 698.21 feet;
4. Thence South 230 02' 15" East 690.00 feet to the most westerly comer of the
Lands of Gilroy Unified School District;
5. Thence along the boundary of Gilroy Unified School District North 660 57' 45"
East 702.58 feet;
6. Thence continuing along said school district boundary, South 230 02' 15" East
620.00 feet;
7. Thence South 660 57' 45" West 702.58 feet to the easterly line of Santa Teresa
Page 2 of 6
. SHAPELL REORGANIZATION_I
LEGAL DESCRIPTION
Expressway as shown on said Record of Survey Map (264-M-27 & 28);
8. Thence along said easterly line South 23002' IS" East 546.16 feet to the northerly
line of the Lands of the County of Santa Clara, being a parcel of land designated
"FF" on said map;
9. Thence along said northerly line North 66057' 45" East 170.00 feet to the easterly
line of said parcel;
10. Thence along said easterly line South 000 18' 21" West 277.13 feet to:the most
southerly corner thereof, also being in the northeasterly line of Santi. Teresa
Expressway as shown on said map;
11. Thence southeasterly along said northeasterly line of Santa Teresa Expressway, as
shown on said map South 230 02' IS" East 310.84 feet;
12. Thence CODtinuing along said line, South 660 57' 45" West 10.00 feet;
13. Thence continlting along said line, South 22" 12' 16" Dast 1,375.80 feet;
14. Thence contimdng along said line, :South 260 36' SO" East 320.62 feet;
15. Thence contim';1lg along said line, South 32051' 03" East 290.16 feet;
16. Thence contim.illg along said line, South 420 58' 22" East 324.SO feet, more or
less, to the most westerly comer of that certain 61.815 acre parcel of land shown
as Parcell on that Record of Survey Map which was tiled for record in Book 211
of Maps at Page 53, Official Records of Santa Clara County;
17. Thence leaving said northeasterly line of Santa Teresa Expressway, along the
westerly line of said 61.815 acre parcel South 72006' 54" East 44.87 feet;
18. Thence contimlillg along said westerly line, North 16041' 25" East 854.01 feet to
the northerly line of said 61.815 acre parCel;
19. Thence along said northerly line North 77029' 33" East 1,004.12 feet;
20. Thence North 810 35' 09" East 292.76 feet to the most northerly corner of said
61.815 acre parcel, said point also being the most westerly comer of that certain
15.992 acre parcel of land descn'bed in the deed to the City of Gilroy dated August
27, 1990, Official Records of Santa Clara County, Iud also being in the westerly
line of Miller Avenue as shown on the Record of Survey Map filed for record in
Book 633 of Maps at page 29 Official Records of Santa Clara County and the most
westerly corner of the Miller Avenue Reorgani'72rion 94-{)1 to the City of Gilroy
as described in Resolution 94-72 of said City adopted September 26, 1994;
Thence along the boundary of "Miller Avenue Reorganization 94-{)1" parcel the following four
courses;
1.
3.
Along the said westerly line of said 15.992 acre parcel, and along the westerly line
of said Miller Avenue, South 200 29' 59" East 354.16 feet;
Thence continuing along said westerly line of said 15.992 acre parcel and along
said westerly line of Miller Avenue, South 100 46' 03" East 191.86 feet to the
southwesterly comer of said "Miller Avenue Reorganization 94-{)1" parcel;
Thence along the southerly line of said 15.992 acre City of Gilroy Parcel, South
84036' 48" East 536.97 feet to the southerly comer common to the Lands of the
City of Gilroy (633-M-29), and the Lands of the County of Santa Clara as shown
on said map (633-M-29);
Thence along said common line North 080 55' 51" East 968.74 feet to the
northerly comer common to said parcels, also being in the south line of the "Miller
2.
4.
Page 3 of 6
. SHAPELL REORGANIZATION tin
LEGAL DESCRIPTION
Avenue Annexation No. I" to the City of Gilroy as described in Ordinance 742 of
said City adopted June 9, 1965 said point also being on the boundary dividing the
Lands of the City of Gilroy and the Lands of the County of Santa Clara as shown
on said Record of Survey;
Thence along the south boundary of said ~Miller Avenue Annexation No. 1", also being the
southerly boundary of that 28.087 acre parcel of land as shown on that Record of Survey Map
filed for record in Book 147 at page 21 Official Records of Santa'CIara County the following eight
South 72020' 50" East 199.48 feet;
Thence South 820 47' 30" East 174.86 feet;
Thence South 43039' SO" East 375.00 feet;
Thence South 790 39' 50. East 227.56 feet to a point on the west line of Temh
Street as said street is: shown co said Record of Survey (633-M-29);
Thence along said bounda1y of said"Miller Avenue Annexaation No. I" South 79"
39' 38" East 91.13 feet;
Thence South 58025' 40" East 154.85 feet;
Thence South 66004' 50" East 372.81 feet;
Thence South 52035' 20. East 252.78 feet to a point on the west line of "Thomas
Road Reorg:mi'nltion 84-3" to the City of Gilroy as described in Resolution 84-74
of said City adopted November 5, 1984;
Thence along the boundary line of said "Thomas Road Reorganization 84-3" the following five
courses;
1. South 817.98 feet to the northwest corner Of Parcel 2 as shown on that Part:e1 Map
filed for record in Book 395 at page 51, Official Records of Santa Clara County;
2. Thence along the northerly line of said Parcel 2, North 890 59' 30" East 164.51
feet;
3. Thence COnrim1i11g along said northerly line South 81001' 00" East 117.94 feet to
the westerly line of Parcell as shown on said Parcel Map;
4. Thence along the westerly line of said Parcell, North 020 19' 00" East 275.85
feet;
5. Thence along the northerly line of said Parcell, North 34056' 00" East 514.93
feet to the southerly line of Gilroy Unified School District Annexation 75-4 to the
City of Gilroy as described in Ordinance 75-19 of said City adopted September 15.
1975;
Thence along the southerly boundary of said Gilroy Unified School District Annexation 75-4
South 590 00' 00" East 165.87 feet to the most westerly point on the "Thomas Road
Reorganization 81-4" to the City of Gilroy as descnDed in Resolution 81-107 of said City adopted
December 7, 1981 and running thence along the southerly line of said "Thomas Road
Reorganization 81-4" the following two courses:
1. South 430 58' 30" East 493.36 feet;
2. Thence North 73053' 20" East 89.57 feet to a point westerly line of "Thomas-
Mesa Annexation 69-1" to the City of Gilroy as described in Ordinance 846
adopted March 18, 1969;
Thence running along the boundary of said "Thomas Mesa Annexation 69-1" the following
fourteen courses;
courses;
1.
2.
3.
4.
5.
6.
7.
8.
Page 4 of 6
. SHAPELL REORGANIZATION .1
LEGAL DESCRIPTION
1. Thence along the line between Parcels 2 and 3 as shown on Parcel Map fIled for
record in Book 395 at page 51,Official Records of Santa Clara County, South
1218.85 feet to a point in the line connnon to lots 14 and 15 of the Massey Thomas
Senior Subdivision of Las Animas Lot No. 15, which map is fIled for record in
Book "G" of Maps, at Page 59, Official Records of Santa Clara County;
2. Thence along said common line, also being the southerly line of said Parcel 2,
North 890 59' 50" West 1156.99 feet more or less, to the westerly comer of said
parcel, also being the westerly common comer to said lots;
3. Thence along the westerly line of said Lot 15 of said Map (G-M-59), South 642.18
feet to the westerly common comer to Lots 15 and 16 of said Subdivision;
4. Thence along the line common to Lots 15 and 16 East 590.04 feet, more or less,
to ,the comer common to Lots 1 and 2 as shown on "Map of the Subdivision of
Lots 3 and 16 of the Massey Thomas. Subdivision of Las Animll~ Ranch Lot No.
15", which map is tiled for Record in Book "F-2" of Maps at page 36, Official
Records of Santa Clara County;
5. Thence along the line common to said Lots 1 and 2, South 846.78 feet to the
southerly common corner thereof in the line common to Ranch Lots 15 and 11;
6. Thence along said common Ranch Lot line East 566.95 feet to a point from which
the northeasterly comer of that certain 17.45 acre parcel of land described as
Parcel One in the Deed form Clorinda Masoni, a Widow to Louis Masoni, et al,
by Deed recorded March 30, 1966 in Book 7328 at page 407 bears East 580.13
feet;
7. Thence leaving said common Ranch Lot line South 521.32 feet, more or less to a
point in the southerly line of said 17.45 acre pan:el in the centerline of Mesa Road;
8. Thence along said centerline South 850 54' East 33.41 feet;
9. Thence South 600 39' 30" East 31.90 feet to the most northerly comer of that
certain 25.07 acre parcel of land described as Parcel One in the Deed from Ernest
S. Filice, et al, to Joseph G. McCormack. et ux, recOrded June 10, 1965 in Book
6989 at page 19, Official Records of Santa Clara County;
10. Thence along the Northwesterly line of said 25.07 acre parcel South 570 46' West
559.11 feet;
11. Thence South 590 30' 30" West 180.41 feet;
12. Thence South 510 14' West 93.78 feet;
13. Thence South 3r 05' West 291.32 feet;
14. Thence South 35033' West 246.89 feet to the southwest comer of said "Thomas
Mesa Annexation 69-1 ", also being the most northerly comer of that certain 1.50
acre parcel of land descn'bed as Parcel One in the Deed from Kenneth L. Petersen,
et al, to Guido Sargenti, et ux, recorded January 6, 1965 in Book 6805 at page
415, Official Records of Santa Clara County;
Thence South 500 52' West 343.40 feet to an iron pipe at the most Westerly comer of a 25.07
acre tract conveyed by Miller & Lux, Inc. to Joe Arminini by Deed dated June 14, 1924 and
recorded in Book 71 of Official Records Page 90; thence along the Southwesterly line of said
25.07 acre tract South 540 52' East 119.60 feet to an iron pipe stllnding at one of the comers in
the Southeasterly line of that certain 409.64 acre tract described in the Deed from M.E. Thomas
to Wm. S. Tevis, Jr. dated July 27, 1928 and recorded in Book 415 of Official Records, page
Page 5 of 6
. SHAPELL REORGANIZATION .1
LEGAL DESCRIPTION
370; thence leaving said 25.07 acre tract and I1mning along the Southeasterly line of said 409.64
acre tract South 32055' West 386.30 feet to an iron pipe; South 390 32' West 206.20 feet to an
iron pipe; South 580 25' West 167.80 feet to an iron pipe, (from which a white oak 12 inches in
diameter marked "B.T.A. 4" bears South 11' West 14.75 feet) South 300 27' West 153.80 feet
to an iron pipe; South 500 07' West 95.50 feet to an iron pipe; South 52" 56' West 128.70 feet
to an iron pipe; South 480 38' West 136.20 feet to an iron pipe (from which a white oak 16 inches
in diameter marked "B.T.A. 8" bears North 600 East 2.85 feet); South 43051' West 217.20 feet
to an iron pipe; South 51023' West 216.40 feet to an iron pipe; South 40043' West 115.80 feet
to an tron pipe (from which a live oak 14 inches in diameter marked 'B.T.A. 11" bears North 390
45' East 6.60 feet); South 47007' West 118.40 feet to an iron pipe; South 42" 16' West 88.60
feet to an iron pipe; South 36002' West 377.00 feet to an iron pipe; South 260 06' West 114.00
feet to an iron pipe; South 220 10' West 75.60 feet to an iron pipe (from which a double live oak
30 inches in diameter marked 'B. T .A. 16" bears North 090 30' West 8.40 feet); S'JUth 34 0 53'
West 152.00 feet to an iron pipe; South 390 35' West 108.20 feet to an iron pipe; South 42" 22'
West 194.90 feet to an iron pipe (from which a live oak 14 inches in diameter marked <<B.T.A.
19" bears South 360 IS' West 6.40 feet); South 340 49' West 308.70 feet to an iron pipe; South
350 35' West 127.00 feet to an iron pipe; thence leaving the Southeasterly line of said 409.64 acre
tract North 55027' 48" West 13,183.80 feet to a 4" x 4" post marked "T.R. I-M7" standing in
the Westerly line of Ranch Lot 11 as shown on said Map No.7, accompanying the Final Report
of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536; thence Northerly along
the Westerly line of Ranch Lot 11, 4496.60 feet (4527.60 feet record) to the point of beginning.
Containillg 2,216 acres, more or less.
Rev. Nov. 10, 1995
O'ComleU Desc.
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.
I, SUSANNE E. STEINMETZ, City Clerk of the city of Gilroy, do
hereby certify that the attached Resolution No. 95-90 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
December
, 19-2L,
meeting of said Council held on the 18th day of
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 24th day of
December
,1995.
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City
(Seal)
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