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Resolution 1996-30 . . 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 1lAC\307658.01 64<i624047C6002 -1- RESOLUTION NO. 96-30 . . 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 -2- 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 llAC\307658.01 6~052404706002 -3- RESOLUTION NO. 96-30 . .- . '. 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") ~~TIOH I" . . ,.~ '. 1 .~ ~ ~ .. ... . . . - SOLl~h "~Ln ~ ~ 1 . I L"oCCl.t\o"l'\ Sjne.i...... U l'\.\ 11 cor\, () l"o.Tcii. />1\-<:,.;;;.. i".!"!-\ 83S-\5-04'1 ---- <>l 1 s~S:-~o'C:f' s-;s.,'f~' Il~-------- , or J I" 11~ '" ",' As."essor's Po.i-<:~l 1'1.,. I':'.:: ~~; ~~S:':'O-+-'O\l~ I'ii ~OT.3 ".r l NinoW'li~o.."N""l-S~l-", Ceo - I~-E-' .!:i t K.l\-' \ '01\ 6'1'1 ~II ~* . ~ 00 N . ..j I ;....- ". Ul'lihha.p\t~cl ~~"":" . "hbu.r\>Q,l\ Tro.c:.t" ~L~ 7 -rerl"ti'o~~ : ~ :;!.e~l-T~hS LOTS t~.5; f2;M-'!o'T I' " : ~ r s..",!,,, C\.....,.Q, C'Ul\t"llteCo. ,.;; u - - ! '+; "~ ~o\ 9.'rSS''''Ac. i1'~: )! :; r. H2.0 So.nY$idl'"o AvE,.- -;.1,1-5~" <= a:. .I!." . d ~o il'~~ o ~1' . 1;;:1. . LOT Go !~ LoT 5 I LOT 4- ~f~ LoT ~ ~:i I <fl h . I . 1... - - ~j? I r r,,~ . 9_~l_J~'~Y'~~~o\~~~~~~~'_~____-- V + - - -f - 't: I SI\N YSIDRO iWE.l'lUE fr.........J - -""" y.sidl'o Avc,,:ue. Reo'"S"l\I'Z,....i't<>t\ a3-1 1<."'So\"-1'lo" 8<1--15', 2.r~la+ 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.; . . 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)