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Resolution 2003-58 -= RESOLUTION NO. 2003-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "DAY ROAD REORGANIZATION NO. 00-01," PROPERTY LOCATED CONTIGUOUS TO AND NORTH OF THE CITY LIMITS AND BEGINNING AT SANTA TERESA BOULEVARD AND EXTENDING NORTHWEST ALONG DAY ROAD; APPROXIMATELY 66.8 ACRES (APNs 783-16-020, 783-16-022). WHEREAS, The City Council of the City of Gilroy ("City") has received a request for annexation of territory designated "Day Road Reorganization No. 00-01" pursuant to Application No. A 00-01 from the applicant, the Glen Loma Group; and WHEREAS, pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, 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; and WHEREAS, the property, 66.8 ::I: acres located contiguous to and north of the City limits and beginning at Santa Teresa Boulevard and extending Northwest along Day Road (APNs 783-16- 020, 783-16-022), which territory is more fully described in the legal description and map attached hereto as Exhibits "A" and "B" and incorporated herein by this reference, and is within its urban service area; and WHEREAS, the following special districts would be affected by the proposed annexation: South Santa Clara County Fire District and Santa Clara County Open Space Authority; and WHEREAS, annexation would provide for use of City services; and \NVH\599119.1 01-081403-04706002 -1- Resolution No. 2003-58 WHEREAS, the Planning Commission held a duly noticed public hearing on January 16, 2003, considered all of the evidence presented in regard to the reorganization, including the Staff Report dated January 6,2003, and recommended that the City Council approve application A 00- 01; and WHEREAS, territory proposed for annexation was pre-zoned on August 4, 2003 to PF (ParklPublic Facility) and RI-PUD (Single-Family Residential - Planned Unit Development), which zoning will be effective when, and only if, annexation to the City becomes effective. WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on July 21, 2003, adopted a mitigated Negative Declaration for this project with 20 mitigation measures, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided for in Government Code Section 56757, the City Council of the City of Gilroy shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, said territory is uninhabited and all owners of land included in proposal have consented to this annexation to the City; and INVH1599119.1 o 1.{)81403.{)4 706002 -2- Resolution No. 2003-58 - "7 WHEREAS, the City Council held a duly noticed public hearing on July 21, 2003, and has considered all of the evidence presented in regard to the reorganization, including the Staff Report dated January 6, 2003, the Supplemental Staff Report dated March 11, 2003, and the Update dated July 7,2003; and WHEREAS, Government Code Section 56663(a) provides that if a petition for annexation is signed by all owners of the land within the affected territory, the City Council may approve or disapprove the annexation without public hearing; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy hereby initiates annexation proceedings and will consider annexation of the territory designed as "Day Road Reorganization No. 00-01" and detachment from the South Santa Clara County Fire District and Santa Clara County Open Space Authority at their regular meeting of September 15, 2003. PASSED AND ADOPTED at the beginning of the City Council of the City of Gilroy, this 2nd of September, 2003, by the following vote: AYES: COUNCILMEMBERS: DILLON, MORALES, VELASCO PINHEIRO, NOES: COUNCILMEMBERS: ARELLANO, SPRINGER ABSENT: COUNCILMEMBERS: GARTMAN APPROVED:Ao Iv Q,~: ~4-// . ~ -~~ Rhonda Pellin, City Clerk INVH\599119.1 01-O814034}4706002 -3- Resolution No. 2003-58 , e e Exhibit A Annexation to the City of Gilroy Name of Annexation Silviera Property Date October 20.2000 Legal Description of subject territory to be annexed: All that realpropert,Y situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: Beginning at the point of intersection of the centerline of Day Road with the.Genter line of Morey Avenue (Santa Teresa Boulevard), as said road and avenue shown upon the ''Map of the Survey and for the Estates of Dowdy, deceased", which was filed for record in the Office of the Recorder ofthe County of Sa.'1ta Clara, State of California, on October 17, 1900, in Book I of1vlaps, at page 143; running thence South 4 deg. 50' West along the center line of Morey Avenue, 905.85 feet to the TRUE POINT OF BEGINNING of this description at the Southeasterly comer of Lot E, as said lot is shown upon the Map above referenced to; running thence along the Southerly line of said Lot E, South 89 deg. 53' West 1110.45 feet to an angle point; thence continuing along . the southwesterly prolongation of the aforesaid course South 89 deg. 53' West 1468.40 feet; thence along a tangent curve to the right with a radius of 655.00 feet, through a: central angle of 14 deg. 59'07", for an arc distance of171.31 feet to the northerly line oflot D, as shown upon the Map above referenced to; thence along said northerly line N 89 deg. 23' East 215.02 feet; running thence North 1 deg. 58' West 85.89 feet; running thence North 89 deg. 53' East 447.85.feet; running thence North 1 deg. 58' W est alon~ the Easterly line of said 10 acre tract at its prolongation Northerly 1648.57 feet to the intersection thereofwith the said center line of Day Road; running thence South 69 deg. 37'42" East along the center line of Day Road 2084.73 feet; thence North 20 deg 22'18" East for a distance of26 feet to a point along a non-tangent curve to the left with a radius of 50 feet, the center of which bears N 20 deg 22'18" East; Thence along said curve to the left through a central angle of 121 deg. 35'53" for a distance of 106.11 feet; thence North 67 deg. 51 '04" East 121.63 feet; thence south 22 deg. 08'56" East 250.19'; thence South 69 deg. 37'42" East 6.10'; thence South 04 deg. 55'54" West 475.67 feet to an angle point; thence continuing along the southwesterly prolongation of the aforesaid course South 04 deg. 55'54" West 138.25 feet to a point along a non tangent curve to the left: with a radius of 5055 feet, the center of which bears South 89 deg. 56'29" West; thence along said curve to the left through a central angle of 0 deg. 56'36" for a distance of 83.23 feet; thence continuing along a compound curvature to the left having a radius of 40 feet, the center of which bears South 88 deg. 59'53" West, through a central angle of 103 deg. 48'34" and an arc length of72.47 feet; thence South 14 deg. 48'41" East 20 feet; thence South 75 deg. 11'19" West 31.05 feet; thence South 14 deg. 48'4}" East 20 feet to a point along a non-tangent curve to the left with-a radius of 40 feet, the center of which bears North 14 deg. 48'41" West; thence along said curve to the left through a central angle of74 deg. 47'48" for a distance of52.22 feet; thence continuing along a compound curvature to the left having a radius of 5055 feet, the center of which bears South 89 deg. 36'29" East, through a central angle of 1 deg. 09'49" and an arc length of 102.66 feet, thence South 89 deg. 53' West 46.61 feet to the TRUE POINT OF BEGINNING of this description. i ~ I i I I I I I I i .. e EXHIBIT B- \l.O"'U 1'\,1.Gt.~"'\.U ~ ~ '0() ~ (" ,,- ""\ "l': '- ~ , GO\.Ut.~ K '\ :\ \ \rc> ~~ en "Y", ~\\ t...: ~s'f..~:~~ ~ \ \ ~(J ,~\..\. \.. \ ~ ~~'- ~~ CITY LIMIT k ~ \\ r---- ~ \~ \\ I SUNRISE DRIVEJ . \.. ~ ~\ I.\. ~\\ I 52 \ \ I' "'~, -{ \..\~ I \ ': X\' \$- CITY L1MIJ ~ LONGMEADOW DR ~~. ""I.l'-^ \\ ~ - Vl ~ N' \ D uggeri - ;! ~ ~ \ n..Jensen - . ~ ~~'t-\.\.~\)'i'-\'J \ 'N.~!",~~:,:,'!f;.~:.~~S ~":w:I<..,,_ u ~~~ lOa N. IAILPITAS BL'oU., SUIl[ 160( . MILPITAS. CA 95035 2 PHONE: (408) 934-1J88 . fAX: 408) 934-1288 ~ MANTELLI DRIVE JOB NUMBER: 994029 DATE: OCTOBER 20, 2000 LEGEND EXISTING CITY LIMIT ANNEXATION BOUNDARY .!II. ANNEXATION AREA PARCEL BOUNDARY RIGHT-OF-WAY LOCATION MAP NO SCALL , I \ I , \ I , , , , \ , , ~ - I "" -78'- "-022 - - - - LANDS of SO,"", (UNoEV[LoPEO) - _ ~ ~.=.:=:-::-.:-~.=----, 6.5_Af.R~O~S_ _ __ LANDS OF SILVEIRA (ONE SINGLE FAMilY RESIDENCE) 59.9 ACRES GROSS APN 783-16-020 1<( I, ~~ w< ....> w <(-J ....;:, 20 I <(CD IVl U",'< \<,O/>.O ANNEXATION BOUNDARY SCALE: ,"=400' DAY ROAD REORGANIZATION NO. OO-O~.1- CITY OF GILROY, CALIFORNIA I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2003-58 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of September, 2003, 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 10th day of October, 2003. (Seal)