Resolution 1996-30
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RESOLUTION NO. 96-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING SAN YSIDRO REORGANIZATION
96-02 BY ANNEXATION OF A PARCEL TOTALING
APPROXIMATELY 10 ACRES CONTIGUOUS TO THE CITY
OF GILROY AND DETACHMENT FROM SOUTH SANTA
CLARA COUNTY FIRE DISTRICT AND SANTA CLARA
COUNTY OPEN SPACE AUTHORITY, A 96-02
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,
pursuant
to
the California Environmental
Quality Act ("CEQA"), the City Council on September 6, 1994
certified an EIR for this site for General Plan Amendment
application GPA 93-04, and imposed 32 mitigation measures and
adopted a Statement of Overriding Considerations in conjunction
with approving the project; and
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RESOLUTION NO. 96-30
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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 May 8, 1996; and
WHEREAS, the affected land is 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 wi thin
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, on April 22, 1996, the City Council approved
pre zoning of the territory proposed to be annexed to C3-PUD
(Shopping Center Commercial, Planned Unit Development) .
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.
4. The proposed annexation will not create any islands
or areas in which it would be difficult to provide municipal
services.
IlAC\307658.01
6~2404706002
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RESOLUTION NO. 96-30
6.
The
unincorporated
territory
proposed
for
.
.
5. The proposed annexation is consistent with the City
of Gilroy's General Plan.
annexation is contiguous to existing City limits.
7. The City has complied with all conditions imposed
by LAFCo for inclusion of the territory in the Urban Service Area
of the City.
8. The landowners owning all of the land within the
uninhabited territory support the annexation and there is no timely
filed protest to this action.
9. 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.
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
APPROVED:
M),~
k
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6~052404706002
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RESOLUTION NO. 96-30
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DESCRIPTION OF SAl:l YSIDRO REORGAl:lIZATION 96~ 02.
DESCRIPTIoN FOR ANNEXATION
Being a portion of Lo"ts 4 and 5 as shown (;m "Map of the Gilroy
Land Co's. Suburban Tract, being original Lot No. 36 of the
Partition of the Las Animas Rancho, Santa Clara County,
California," which map was filed for record on November 16, 1905
in Book F2 of Maps at page 37, Records" of Santa Clara County,
California, and being more particularly described as follows:
BEGINNING at the intersection of the line common.to Lots 5 and
6 with the northeasterly linQ of San Ysidro Avenue (shown as WhitQ-
hurst Avenue on said Map), being in the northeasterly line of
"Freeway-San Y'sidro Reorganization 83-1 of the City of Gilroy"
as described in Resolution No. 84-16 of said City adopted February
6, 1984, being also the southwesterly corner of "San Ysidro Reor-
ganization 88-2 of the City of Gilroy" as described in Resolution
No. 89-44 of said City adopted August 7, 1989; thence along said
line common to Lots 5 and 6, also being the southeasterly line
of said "San '{sidro Reorganization 68-2", N. 640 40' E. 792.92
f~et to common corner of said Lots and southeasterly corner of
said Reorganization; thence along the easterly line of said Lots
5 and 4 S. 25. 20' E. 535.92 feet to the common "corner to Lots
4 and 3, as shown on .said Map, being also the northeasterly co=ner
of "Leavesley/San Ysidro Reorganization 92-01 of the City of
Gilroy" as described in Resolution"No. 93-15 of said city adopted
March 22, 1993; thence along the line common to Lots 3, 4 and
2, as shown on' said Map, being also the northwesterly line of
said "Leavesley/San Y'sidro Reorganization", 'S. 64. 40' W. 792.92
feet to the intersection thereof with the northeasterly line of
said San Ysidro Avenue, being also in the northeasterly line of
said "Freeway,;-San Ysidro Reorganization 83-1"; thence along last
said northeasterly lines, N. 250 20' w. 535.92 feet to the point
of beginning.
CONTAINING THERJ;:IN 9.755 ACRES, more or less.
DESCRIPTION OF SAN YSIDRO REORGANIZATION 96-02
EXHIBIT "AU
(See Map - Exhibit "B")
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PROPOSED ^"'l'lEl.AT\O~ TO <:.\T'(CF G-\LROY
ENTITLE.D SuI'! Ysi<1l'o ROI.ol"<;l...ni~...t'1'..n '16'-~
LE.~ENO
a..ll.ncl...I''i Lill..... o-F pJ'Qposc..o.
t\ 'nil c..'l.o,t;o 1\ ~
MARVIN W. WOLFF. CIVIL ENGINEER
2080 YOKXSH1H WAY, MOUtHAlN VIEW, CALIFOI~~"'~ PHO:UlrU7_S060
S~II..\e.: In ::2.00' DATE: ALLg,,19Q.s- SHEET l OF
TOTAl.. P,0<l
j;:'l:iS1'ins Cll'j Li",iT.. line.;
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-30
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
19 96,
day of
Mav
(Seal)