Resolution 1996-29
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RESOLUTION NO. 96-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING PACHECO PASS REORGANIZATION
95-02 BY ANNEXATION OF CONTIGUOUS PARCELS
TOTALING APPROXIMATELY 6.8 ACRES TO THE CITY
OF GILROY AND DETACHMENT FROM SOUTH SANTA
CLARA COUNTY FIRE DISTRICT AND SANTA CLARA
COUNTY OPEN SPACE AUTHORITY, A 95-02
WHEREAS, pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985, a petition signed by all the owners of
land within the territory proposed to be annexed was filed with the
City of Gilroy requesting annexation of territory to the City and
detachment from the South Santa Clara County Fire District and
Santa Clara County Open Space Authority, which territory is more
fully described in Exhibit A which is attached hereto and
incorporated herein by this reference; and
WHEREAS,
the territory proposed to be annexed is
unincorporated territory within Santa Clara County which is within
the Urban Service Area of the City so that, pursuant to California
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, pursuant to Government Code section 56837, when
all the owners of land within the affected territory have
petitioned for said reorganization, then the Conducting Authority
may conduct proceedings for the reorganization without notice and
hearing or an election; and
WHEREAS,
the
California Environmental
Quali ty Act
("CEQA") provides a categorical exemption which applies to this
request, Class 19, 14 Cal. Code Regs. Section 15319, entitled
"Annexations
of
Existing
Facilities
and
Lots
for
Exempt
Facilities"; and
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RESOLUTION NO. 96-29
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WHEREAS, the City Council held a duly noticed public
meeting on May 20, 1996 and has considered all of the evidence
presented in regard to the reorganization, including the staff
report dated April 30, 1996; 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 making
detachment a logical transfer of fire services from a county entity
to the City and further making detachment of the property from the
Santa Clara Open Space Authority because property located within
the City limits is not within the jurisdiction of that Authority;
and
WHEREAS, this proposal is consistent with the City's
sphere of influence; and
WHEREAS, the regular county assessor's roll will be used
for taxes and assessment in the lands to be annexed; and
WHEREAS, the territory proposed to be annexed has not
been pre-zoned by the City, so that the two parcels shall
immediately, upon annexation, be automatically classified as an A1
(Agricultural) District until another zoning district for such
territory has been adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
hereby finds as follows:
1.
The
unincorporated
territory
proposed
for
annexation is within the City of Gilroy's Urban Service Area as
adopted by LAFCo.
2. The proposed annexation will not split any line of
assessment or property ownership.
3. The County Surveyor has determined the boundaries
of the proposed annexation to be definite and certain and in
compliance with the road annexation policies as adopted by LAFCo.
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RESOLUTION NO. 96-29
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4. The proposed annexation will not create any islands
or areas in which it would be difficult to provide municipal
services.
5. The proposed annexation is consistent with the city
of Gilroy's General Plan.
6.
The
unincorporated
territory
proposed
for
annexation is contiguous to existing city limits.
7. This project is categorically exempt from CEQA
pursuant to 14 Cal. Code Regs. Section 15319.
8. The City has complied with all conditions imposed
by LAFCo for inclusion of the territory in the Urban Service Area
of the City.
9. The landowners owning all of the land within the
uninhabited territory support the. annexation and there is no timely
filed protest to this action.
10. The herein described reorganization is in full
accordance with the Cortese-Knox Local Government Reorganization
Act of 1985, and Government Code section 56826 which is part
thereof.
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 the Santa Clara
County Open Space Authority.
BE IT FURTHER RESOLVED THAT pursuant to Government Code
section 52200, 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 applicant, to the executive
officer of LAFCo.
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RESOLUTION NO. 96-29
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PASSED AND ADOPTED this 20th day of May, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J,
Donald F. Gage, May
ATTEST:
d~~etz,
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RESOLUTION NO. 96-29
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EXHIBIT A
LEGAL DESCRIPTION
FOR
ANNEXATION TO THE CITY OF GILROY
PACHECO PASS REORGANIZATION 95-01
All that certain real property situate in the County of
Santa Clara, State of California, described as follows:
Beginning at the southeasterly corner of the lands
described and shown in the City of Gilroy Annexation No.
165, entitled, "Pacheco Pass Reorganization 93-02" on the
northerly right of way of Pacheco Pass Highway, and at a
point on the northerly line of the lands described and
shown in the City of Gilroy Annexation No. 59 entitled,
"Pacheco Pass Annexation 70-6;"
Thence along the southeasterly line of said Pacheco Pass
Reorganization 93-02, being the northwesterly line of
Parcel 1 as shown on a parcel map of a portion of Rancho
San Ysidro recorded in Book 279 of Maps, page 48, records
of Santa Clara County, California, N 51' 15' 00" E IN 51'
52'50" E per said Annexation No. 165,) 838.45 feet more or
less to the lands of the Santa Clara Valley Water District
described in the deed recorded in Book J 477, Official
Records, page 780, records of Santa Clara County,
California;
Thence along said Lands of the Water District, S 4~ 30' E,
253.69 feet; thence along a curve to the right with a
radius of 605.00 feet, through a central angle of 35'
07'30", an arc length of 370.89 feet; thence S 57'59'03"
W, 42.42 feet to a point on the northerly right of way of
Pacheco Pass Highway; thence S 02' 28' 50" E, 82.87 feet
more or less to a point on the southerly right of way of
said highway and the northerly line of the lands described
and shown in the City of Gilroy Annexation No. 89,
entitled "Pacheco Pass Annexation 73-6"; thence along said
southerly highway right of way and said northerly line of
Annexation No. 89, N 8~ 20'15" W, 58.95 feet more or less
to the easterly line of said Annexation No. 59, thence
along the easterly and northerly lines of said Annexation
No. 59, the following courses and distances:
N 2' 28'50" W, 82.57 feet;
S 87' 31'10" W, 301.85 feet;
S 87"34'20" W 417.46 feet; and
N 8~ 18'20" W, 226.41 feet to the Point of Beginning
and containing 6.81 acres of land more or less.
11.14.95 rev 2/22/96
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. Re?'ord of SU!"Velj
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-29
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
20th
day of
Mav
19--2L,
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 31st
day of
Mav
19 96.
4,=~4,
(Seal)