Resolution 2003-58
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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
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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
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Resolution No. 2003-58
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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,~:
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Rhonda Pellin, City Clerk
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Resolution No. 2003-58
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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.
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DATE: OCTOBER 20, 2000
LEGEND
EXISTING CITY LIMIT
ANNEXATION BOUNDARY
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ANNEXATION AREA
PARCEL BOUNDARY
RIGHT-OF-WAY
LOCATION MAP
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LANDS OF SILVEIRA
(ONE SINGLE FAMilY RESIDENCE)
59.9 ACRES GROSS
APN 783-16-020
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ANNEXATION BOUNDARY
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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)