Loading...
Resolution 2002-16 -- Resolution No. 2002-16 RESOLUTION NO. 2002-16 A RESOLUTION OF THE CITY COUNCIL OF GILROY ABANDONING THE IRREVOCABLE OFFER FOR DEDICATION TO THE CITY OF GILROY LOT 31 FOR THE PURPOSE OF ESTABLISHING A FIRE STATION WHEREAS, Cotswold LLC submitted TM-OO-03 requesting a Tentative Map to subdivide 9.78 acre lot located at the northeast comer of Santa Teresa Blvd. and Mantelli Drive into thirty- three (33) single family lots; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 3, 2000, at which it considered the project and voted to recommend approval of TM-00-03 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on August 7, 2000, at which time the City Council considered the public testimony, the staff report dated July 28, 2000, and all other documentation related to TM-00-03; and WHEREAS, the City Council approyed TM-00-03 with thirty-three (33) conditions, said condition 33 required that the Cotswold LLC revise their Tentative Map to include a dedication to the City of Lots 43 and 44 for the purpose of establishing a fire station; and WHEREAS, a Final Map was recorded on April 4, 2001, File No. 15620718, Book 738 of Maps at pages 23-24, Santa Clara County Official Records, which contained an irrevocable offer to dedicate to the City Lot 31 (previously shown on TM-00-03 as Lots 43 and 44) for the purpose of establishing a fire station; and WHEREAS, said Final Map noted that the irrevocable offer of Lot 31 to the City of Gilroy was not accepted; and WHEREAS, the California Subdivision Map Act provides that an offer of dedication that has been rejected will be considered to be terminated if a re-subdivision of the property is approved by the City; and WHEREAS, the California Subdivision Map Act further provides that a subdiyider may file a new subdivision map on the property covered by an old map thereby merging the parcels and re- subdividing without the necessity of reverting the property to acreage. UH\546333.1 01.(J31102.Q4706002 -1- NOW, THEREFORE, BE IT RESOLVED THAT A. The City Council finds as follows: I. The condition of the irrevocable offer for dedication to the City of Gilroy for Lot 31 for the purpose of establishing a fire station is no longer necessary for present or prospective public purposes. 2. The owner of Lot 31 has consented to the abandonment of said irrevocable offer for dedication of Lot 31. 3. The irrevocable offer of dedication of Lot 31, as shown on the Final Map, Pile No. 15620718, Book 738 of Maps at pages 23-24, Santa Clara County Official Records, dated April 4, 2001, is hereby abandoned. PASSED AND ADOPTED this 18th day of March, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ----7,(,,- Cu0-~- Thomas W. Springer, May A'Q Q . ~ CU-e '4-- Rhonda Pellin, City Clerk UH\546333.1 01.()31102.04706002 -2- Resolution No. 2002-16 /~C'- City lerk ofthe-City of Gilroy '-- I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached Resolution No. 2002-16 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of March, 2002, 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 3rd day of April, 2002. (Seal)