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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 \353\208827.2 610-013004706002 -1- 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: \353\208827.2 610-013004706002 -2- RESOLUTION NO. 96-4 . . 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; \353\208827.2 610-013004706002 -J- RESOLUTION NO. 96-4 . . 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 \353\208827.2 610-013004706002 -4- 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. - (Seal)