Resolution 1996-04
.
.
RESOLUTION NO. 96-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING THE REORGANIZATION BY
ANNEXATION OF CONTIGUOUS PARCELS TOTALING
APPROXIMATELY 2,216 ACRES, DESIGNATED AS
"SHAPELL REORGANIZATION 95-01," TO THE CITY OF
GILROY AND DETACHMENT FROM SOUTH SANTA CLARA
COUNTY FIRE DISTRICT
WHEREAS, pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985, a petition signed by not less than five
(5) percent of the number of owners of land within the territory
proposed to be annexed who also own five (5) percent of the
assessed value of land within the territory as shown on the last
equalized assessment roll, was filed with the Gilroy City request-
ing annexation of territory to the city of Gilroy and detachment
from the South Santa Clara County Fire District, which territory
is more fully described in Exhibit A which is attached hereto and
incorporated herein by this reference; and
WHEREAS, the reorganization and the territory involved
contained less than twelve registered voters at the time the
petition was filed and is uninhabited and further described in the
staff report dated December 13, 1995; and
WHEREAS, the City Council on December 18, 1995, adopted
Resolution No. 95-90, initiating this reorganization, setting the
time and place for a public hearing on reorganization, and direct-
ing that such notification as required by law be provided; and
WHEREAS, the city did notice, post and publish notice of this
hearing as required by law; and
WHEREAS, the City Council on October 5, 1992, certified a
Final Environmental Impact Report in connection with GPA 90-04 and
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610-013004706002
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RESOLUTION NO. 96-4
. .
adopted required findings, including a statement of overriding
considerations
and
Findings
of
Fact
and
adopted
a
Mitigation/Monitoring program in compliance with the California
Environmental Quality Act which includes the proposed annexation
and reorganization as proposed; and
WHEREAS, the city council held a duly noticed public hearing
on January 16, 1996 and continued said hearing to February 5, 1996,
and has considered all of the evidence presented in regard to this
reorganization; and
WHEREAS, 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 City's sphere
of Influence; and
WHEREAS, the regular county assessment roll will be used for
taxes and assessment in the lands to be annexed; and
WHEREAS, the territory proposed to be annexed is un-
incorporated territory within Santa Clara County which is within
the Urban Service Area of the city 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;
NOW, THEREFORE, BE IT RESOLVED THAT the Gilroy City
Council hereby finds as follows:
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610-013004706002
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RESOLUTION NO. 96-4
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1. That this reorganization includes that annexation to the
City of unincorporated territory within the Urban Service
Area of the city as adopted by LAFCO; and
2. 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 LAFCO;
and
J. That the proposal does not split lines of assessment or
ownership; and
4. That the proposal does not create islands or areas in
which it would be difficult to provide municipal serv-
ices; and
5. That the proposal is consistent with the adopted General
Plan of the city; and
6. That the territory is contiguous to the existing City
limits; and
7. 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
8. That the assessed value of the land owned by those who
have timely filed and not withdrawn written protests
prior to the end of the public hearing equals approxi-
mately $66J,261.00 out of a total assessed land value of
approximately $5,751,866.00; and
9. That landowners owning more than 50% of the assessed
value of the land within the uninhabited territory
support the annexation and no majority protest exists;
and
10. That the herein described reorganization and each of the
actions of the City herein described were in full
accordance with the Cortese-Knox Local Government
Reorganization of 1985, and Government Code Section 56826
which is part thereof;
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RESOLUTION NO. 96-4
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.
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;
BE IT FURTHER RESOLVED THAT the City Clerk shall submi t
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 LAFCO.
PASSED AND ADOPTED this 5th day of February, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: GAGE
APPROVED:
(1071/Zt.€ ~:K0-.<1 /
~onnie Rogers,
Mayor Protempore
;!f
?utfA1/U/~ .
Susanne E. steinmetz, City
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610-013004706002
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RESOLUTION NO. 96-4
. SHAPELL REORGANIZATION 101
LEGAL DESCRIPTION
'EXHIBIT HAil
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 oniMap No.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 corner of Ranch Lot No. 11 as shown on said Map no. 7, iSIlid
corner also being the southwest corner of that Parcell,! as shown said Parcel Map (663-M-13 &
14); thence along the common line between the Solis )bnrJJo and the Las J\nima~ 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 funning North 000 OS' 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;
Thence 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 800 47' 57" East 415.84 feet;
2. Thence North 620 30' 40" East 325.10 feet;
3. Thence North 570 03' 40" East 211.SO feet;
4. Thence North roo 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 690 33' 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 560 34' 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 670 31' 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. Thence South 830 38' 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 REORGAt'lIZATION ~l
LEGAL DESCRIPTION
the Solis Rancho and the Las Animas Rancho, also being the northerly line of Parcel B as shown
on the last said parcel map; thence along the last said line South 890 55' 00" East 1178.14 feet
to the southwest corner 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 Clara County, California; said point also being the Southwest corner 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 Reorgani7Jlrion 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 ro the
northwest comer of Parcel A, as shown oil tbat Record of Survey, which was filed
in Book 270 of Maps, pages 22 and 23, Official Records of Santa Clara County;
3. Thence leaving said common line bctweeil said Lot 1 and Lot B, along the
northerly boundary of said Parcel A, South 550 44' 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 Heclcer Pass - Morey Aveoue 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 Heicb:r Pass - Morey Avenue Annexation
South 04 0 30' 00" West 537.78 feet to the southerly cnmmnn comer tbereof, thence along the
soutberly line of Lot 2 as sbownon said Map ofa Subdivision of Lands ofS.P. Fine in the Solis
Ranch filed in Book F-2 of Maps at page 46 Records of Santa Clara County South 86045' 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 corner of the Santa Teresa Annexation 80-5 to the City of
Gilroy, Resolution No. 81-29, &ppl't!ved March 16, 1981; 1bence 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
04056' 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 central 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 66057' 45"
East 702.58 feet;
6. Thence continuing along said school district boundary, South 230 02' 15" East
620.00 feet;
7. Thence South 66057' 45" West 702.58 feet to the easterly line of Santa Teresa
Page 2 of 6
. SHAPELL REORGANIZATION III
LEGAL DESCRIPTION
Expressway as shown on said Record of Survey Map (264-M-27 & 28);
8. Thence along said easterly line South 230 02' 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 660 57' 45" East 170.00 feet to the easterly
line of said parcel;
10. Thence along said easterly line South or 18' 21" West 277.13 feet to the most
southerly comer thereof, also being in the northeasterly line of Santa Teresa
Expressway as shown on said map;
11. Thence southeasterly along said northeasterly line of Santa Teresa ExpressWllY, as
shown on said map South 23002' IS" East 310.84 feet;
12. Thence continuing along said line, South 660 57' 45" West 10.00 feet;
13. Thence continlling along said line, South 220 12' 16" East 1,375..80 feet;
14. Thence contimling along said line, South 260 36' SO- East 320.62 feet;
15. Thence contimling along said line, South 320 51' 03- East 290.16 feet;
16. Thence contimling along said line, South 420 58' 22. East 324.50 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 filed 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 7r 06' 54" East 44.87 feet;
18. Thence contim1;ng along said westerly line, North 160 41' 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 comer of said
61.815 acre parcel, said point also being the most westerly corner of that certain
15.992 acre parcel of land described in the deed to the City of Gilroy dated August
27, 1990, Official Records of Santa Clara County, am 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 Reorganization 94-01 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 94-01" 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 corner of said "Miller Avenue Reorganization 94-01" parcel;
Thence along the southerly line of said 15.992 acre City of Gilroy Parcel, South
84 0 36' 48" East 536.97 feet to the southerly corner 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 Al
LEGAL DESCRJPTION
Avenue Annexation NO.1" 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 sho...."II
on said Record of Survey;
Thence along the south boundary of said ~Mil1er 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 Officilil Records of Sanla Clara County the following eigln
South 720 20' SO" East 199.48 feet;
Thence South 8r 47'30" East 174.86 feet;
Thence South 43039'50" 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 i.> shown (\:1 said Record of Survey (633-M-29);
Thence along said boundary ofsaid"Mi11er Avenue Annexaation No.1" South 79=
39' 38" East 91.13 feet;
Thence South 580 25' 40" East 154.85 feet;
Thence South 66004' SO" East 372.81 feet;
Thence South 5r 35' 20" East 252.78 feet to a point on the west line of ~Thomas
Road Reorganization 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 comer of Pan:el 2 as shown on that Parcel Map
filed for record in Book 395 at page 51, Official Records of Santa Clara Counr:y;
2. Thence along the northerly line of said Pan:e1 2, North 890 59' 30" East 164.51
feet;
3. Thence conrim.i"8 along said northerly line South 81001' 00" East 117.94 feet to
the westerly line of Parcell as shown on said Parci::l Map;
4. Thence along the westerly line of said Pan:el1, North or 19' 00" East 275.85
feet;
5. Thence along the northerly line of said Pan:ell, North 34056' 00" East 514.93
feet to the southerly line of Gilroy Unified School District Annexation 75-4 to tbe
City of Gilroy as described in Ordinance 75-19 of said City adopted September IS.
1975;
Thence along the southerly boundary of said Gilroy Unified School District Annexation 75-!
South 590 00' 00" East 165.87 feet to the most westerly point on the ~Thomas Rooe
Reorganization 81-4" to the City of Gilroy as described in Resolution 81-107 of said City adoptei
December 7, 1981 and running thence along the southerly line of said ~Thomas Rooe
Reorganization 81-4" the following two courses:
1. South 43058' 30" East 493.36 feet;
2. Thence North 730 53' 20" East 89.57 feet to a point westerly line of ~Thoma>-
Mesa Annexation 69-1" to the City of Gilroy as described in Ordinance 846
adopted March 18, 1%9;
Thence running along the boundary of said ~Thomas Mesa Annexation 69-1" the followin!;
fourteen courses;
courses;
1.
2.
3.
4.
5.
6.
7.
8.
Page 4 of 6
. SHAPELL REORGANIZATION tin
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 common to lots 14 and 15 of the Massey Thomas
Senior Subdivision of Las Animas Lot No. IS, 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,
NOJth890 59' 50" West 1156.99 feet more or less, to the westerly comer of said
pm:eI. also being the westerly common comer to said lots;
3. Thence along the westerly lineof'said Lot 15 of said Map (G-M-59), South 642.18
feet to the westerly common comer to Lots 15 and 16'ofsaid 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 J\n;""'~ Ranch Lot No.
15", which map is filed 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 comer 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 parcel in the centerline of Mesa Road;
8. Thence along said c:enterline South 850 54' East 33.41 feet;
9. Thence South 61)0 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 59030' 30" West 180.41 feet;
12. Thence South 510 14' West 93.78 feet;
13. Thence South 37" OS' 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 described as Parcel One in the Deed from Kenneth L. Petersen,
et al, to Guido Sargenti, etux, recorded January 6, 1965 in Book 6805 at page
415, Official Records of Santa Clara County;
Thence South 50052' 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 54052' East 119.60 feet to an iron pipe standing 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 nmning along the Southeasterly line of said 409.64
acre tract South 32" 55' West 386.30 feet to an iron pipe; South 390 32' West 206.20 feet to an
iron pipe; South 58025' 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 30027' 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 430 51' 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 iron pipe (from which a live oak 14 inches in diameter marked 'B.T.A. 11" bears North 390
45' East 6.60 feet); South 47" 07' West 118.40 feet to an iron pipe; South 420 16' West 88.60
feet to an iron pipe; South 36002' West 377.00 feet to an iron pipe; South 26006' West 114.00
feet to an iron pipe; South 22" 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 39035' West 108.20 feet to an iron pipe; South 42022'
West 194.90 feet to an iron pipe (from which a live oak 14 inches in diameter marked "B.T.A.
19" bears South 36015' West 6.40 feet); South 34049' 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 MT.R. 1-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.
Containing 2,216 acres, more or less.
Rev. Nov. 10, 1995
O'CooueIl Desc.
I
i .
1~~
Page 6 of 6
.
.
I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-4
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 day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Februarv , 19~,
Official Seal of the City of Gilroy this 9th day of
Februarv
,1996.
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(Seal)