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Resolution 1996-29 . f . . "" 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 IRPJI:J()7315.01 62~47C6002 -1- RESOLUTION NO. 96-29 . . " 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. IRPJI:J()7315.01 62"050804706002 -2- RESOLUTION NO. 96-29 . . 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. IRPJl:J()7315"01 62"0508047C6002 -3- RESOLUTION NO. 96-29 . . 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, IRPJI:J()7315.01 62~4706002 -4- RESOLUTION NO. 96-29 . . 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 95066 skJG .- 7. /9' "O'1>J" .!J(}" J1I (:).~ "n " 0 ." <t ~~ . 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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)