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Resolution 1997-31 .. . . RESOLUTION NO. 97-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING SAN YSIDRO REORGANIZATION 97-01 BY ANNEXATION OF A PARCEL TOTALING APPROXIMATELY 9.64 ACRES CONTIGUOUS TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT .AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 97-01 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 WHEREAS, the City Council held a duly noticed public meeting on May 27, 1997 and has considered all of the evidence IRPJI341297,01 76-060204706002 -1- RESOLUTION NO. 97-31 . . presented in regard to the reorganization, including the staff report dated May 13, 1997; 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 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, because the site has not been pre-zoned it will be given a zoning designation of A-I (Agricultural District) upon annexation to the City. 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, and will incorporate an existing island. 5. The proposed annexation is consistent with the land use designation on the City of Gilroy's General Plan map. 6. The unincorporated territory proposed for annexation is contiguous to existing City limits. \RPJ\341297,01 76-060204706002 -2- RESOLUTION NO. 97-31 . . 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 the lands described herein are given a zoning designation of A-I (Agricultural District) . 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 27th day of May, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, SPRINGER, VALDEZ, ROWLISON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~e~~ Suellen Rowlison, Mayor Pro Tern g~~. Rhonda Pellin, Acting City Clerk \RPJ\341297,01 76-060204706002 -3- RESOLUTION NO. 97-31 . . County of Santa Clara . Environmental Resources Agency Building Inspection/Land Development Engineering and Surveying County Government Center. East Wing 70 West Hedding Street. 7th Floor San Jose, California 951 10 Bldg, Inspec, (408) 299-2351 Land Devel. 299-2871 F:\X 279-8537 April 11, 1997 Susanne E. Steinmetz, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 The attached revised description and map dated April 7, 1997 of territory proposed for annexation to the City of Gilroy entitled SAN YSIDRO A VENUE REORGANIZATION 97-01 is in accordance with Government Code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. ?1l~ )~?/la~- MARTIN D. MARCOTT, County Surveyor Attachment cc: LAFCO Executive Officer (w / attachment) EXHIBIT A Boord of Supervisors: Michael M, Hondo, Blanco Alvarado, Ron Gonzales, James T. Be,lll Jr.. Dianne :VIe Kenna County Executive: Rictlard Wittenberg ~ 6-010 . . ,. .' EXHIBIT 'A' Annexation to the City of Gilroy San Y sidro Avenue Reorganization 97 - 01 Being a portion of Parcels 1,2,3, and 4 as shown upon that certain Record of Survey filed for record in Book 396 of Maps at Page 27, Santa Clara County Records and being more particularly described as follows: BEGINNING at the most westerly corner of Parcel 1, said corner is lying in the centerline of San Y sidro A venue, as said Avenue is shown upon said Record of Survey; thence along the northwesterly line of Parcel 1 North 64040'00" East, 30.00 feet to a point lying in the northeasterly right of way of San Ysidro Avenue and being the TRUE POINT OF BEGINNING; thence from said point and continuing along the northwesterly line of said Parcel 1 North 64040'00" East, 783.50 feet to the most northerly corner of said Parcell; thence along the northeasterly lines of said Parcels 1 ,2,3,and 4 South 25020'00" East, 536.04 feet to the most easterly corner of said Parcel 4, coincident with the northerly boundary comer of that certain annexation entitled "San Ysidro Reorganization 88-2" accepted August 7,1989 by the City of Gilroy; thence along the southeasterly line of said Parcel 4, coincident with the northwesterly boundary line of said annexation "San Ysidro Reorganization 88-2" South 64040'00" West, 783.50 feet to the intersection of the southeasterly line of said Parcel 4 with the northeasterly right of way line of said San Y sidro Avenue, said point of intersection is lying on the northeasterly boundary line of that certain annexation entitled "Freeway - San Ysidro Avenue Reorganization 83-1", accepted February 6,1984 by the City of Gilroy; thence along said northeasterly right of way line, coincident with said northeasterly boundary line North 25020'00" West, 536.04 feet to the TRUE POINT OF BEGINNING and containing therein 9.64 gross acres more or less. d:\data~usysdro.Ieg 93085 Revised: April 7,1997 . . ~ ~ ~~ ~ '" ~ ~as < ~ ~ 0:: Co < ~~ :J: ~ ~ ct: :::l Vl - ~~~ ..... ~ ~ ~~. < ::::0 ~. - ~"'~ ~~' -; ;.: ~ m ~.~ co ;.: -' - ~~~ co -< :c > ~ ?;s~ ~ 0 0:: X -< a. ~ ~ ~~ 0:: a. 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I .. _ I, RHONDA PELLIN, Interim City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 97-31 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 27th day of May, 1997, 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 28th day of May, 1997. ~~. Interim City Clerk of the City of Gilroy (Seal)