Resolution 2003-71
RESOLUTION NO. 2003-71
REVISED EXHIBITS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY 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") received an application for
annexation of certain territory designated ''Day Road Reorganization No. 00-01" to the City and
detachment of said territory from the County of Santa Clara, the South Santa Clara County Fire
District and the Santa Clara County Open Space Authority pursuant to Application No. A 00-01
from the applicant, the Glen Lorna Group; and
WHEREAS, the property, 66.8 :l: 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, is within the City's urban
service area; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this annexation; and
WHEREAS, Section 56757 of the California Government Code states that the Local
Agency Formation Commission shall not review an annexation proposal to any city in Santa Clara
County of unincorporated territory which is within the urban service area of the city if the
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annexation is initiated by resolution of the legislative body, and therefore the City Council of the
City of Gilroy is now the conducting authority for said annexation; 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, but the City Council did hold a public hearing on
July 21,2003, at which the City Council 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, the City Council, on September 2, 2003, adopted Resolution No. 2003 - 58,
initiating annexation proceedings to consider annexation of the territory designed as "Day Road
Reorganization No. 00-01" into the City and detachment of the territory from the South Santa Clara
County Fire District and Santa Clara County Open Space Authority, and
WHEREAS, evidence was presented to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as
follows:
1. That the City Council is the conducting authority pursuant to Section 56757 of the
Government Code for the annexation of the property designated "Day Road Reorganization No.
00-01," more particularly described in Exhibit "A" and "B."
2. That the following findings are made by the City Council of the City of Gilroy:
(a) That said territory is uninhabited and comprises approximately 66.8 acres.
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(b) That the annexation is consistent with the orderly annexation of territory
within the City's urban service area and is consistent with the City policy of annexation and
extending City services.
(c) That 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.
(d) That on August 4, 2003, the City Council adopted Ordinance No. 2003-11
to prezone the territory proposed for annexation to PF (Park/Public 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.
(e) That the unincorporated territory proposed for annexation is within the
City of Gilroy's Urban Service Area as adopted by the Local Agency Formation Commission of
Santa Clara County ("LAFCo").
(f) That 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.
(g) That the proposed annexation will not split any line of assessment or
property ownership.
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(h) That the proposed annexation will not create any islands or areas in which
it would be difficult to provide municipal services.
(i) That the proposed annexation IS consistent with the City of Gilroy's
General Plan.
(j) That the unincorporated territory proposed for annexation is contiguous to
existing City limits.
(k) That the City has complied with all conditions imposed by LAFCo for
inclusion of the territory in the Urban Service Area of the City.
(1) That the unincorporated territory proposed for annexation is not under a
State Williamson Act contract.
(m) That the herein described reorganization is in full accordance with the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and Government Code
section 56757 which is part thereof.
3. That all affected local agencies that will gain or lose territory as a result of this
reorganization have consented in writing to a waiver of protest proceedings.
4. That all property owners and registered voters have been provided written notice
of this proceeding and no opposition has been received.
5. That said annexation of the territory designated "Day Road Reorganization No.
00-01" is hereby ordered without any further protest proceedings pursuant to section 56663( c)( d).
BE IT FURTHER RESOLVED THAT upon completion of these reorganization
proceedings, said territory as described herein is hereby ordered to be annexed to the City of
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Resolution No. 2003-71
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Gilroy and detached from the County of Santa Clara, 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 PF (park/Public Facility) and RI-PUD (Single-Family Residential - Planned Unit
Development).
BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings
the territory reorganized will be taxed on the regular county assessment roll, including taxes for
existing bonded indebtedness.
PASSED AND ADOPTED by the City Council of the City of Gilroy this 20th day of
October, 2003 by the following vote:
AYES: COUNCILMEMBERS: DILLON, MORALES, PINHEIRO, VELASCO
NOES: COUNCILMEMBERS: ARELLANO and SPRINGER
ABSENT: COUNCILMEMBERS: GARTMAN
APPROVED:;4 h J2/S ~-
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Thomas w. ~~r
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ATT~~SlT:i ;;;..../
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Rhonda Pellin, City-Clerk
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Resolution No. 2003-71
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"Exhibit A"
Annexation to the City of Gilroy
Name of Annexation Dav Road ReorQanization No. 00-01
Date 25 February 2002
Legal Description of subject territory to be annexed:
All that real property situated in the County of Santa Clara, State of California, described as
follows: .
A portion of Lot E, as shown upon that certain Map entitled, "Map of the Survey of the
Subdivision of the Estate of Perry Dowdy, Deceased", which Map was filed for record in the
office of the Recorder of the County of Santa Clara, State of California, on October 17, 1900. in
Book I of Maps, at Page 143, and being more particularly described as follows:
BEGINNING at a point in the centerline of Santa Teresa Boulevard at the southeasterly corner
of Lot E, as said Lot is shown upon said "Map.of the Survey of the Subdivision of the Estate of
Perry Dowdy Deceased", said Point of Beginning also being the northeasterly corner of the City
Limits of the City of Gilroy, as established by "Northwest Annexation 65-1 to the City of Gilroy",
per City of Gilroy Resolution No. 1172, dated December 4, 1967; thence along the southerly
line of said Lot E and the northerly Gilroy City Limit line
1.) S89058'54''W, a distance of 1,110.45 feet; thence continuing along said southerly line of
Lot E and said Gilroy City Limit line
2.) N03054'06''W, a distance of 36,63 feet; thence continuing along said southerly line of Lot E
and <;3ilroy City Limit line
3,) S89028'54''W, a distance of 1420.32 feet to the southwesterly corner of said Lot E, said
point also being the southwesterly corner of the lands of the Santa Clara Valley Flood
Control and Water District, as described in the deed recorded in Book 258 at Page 146;
thence leaving the northerly line of said Gilroy City Limits and along the westerly line of
said Lot E, also being the westerly line of said lands of the Santa Clara Valley Flood
Control and Water District
4,) N01 o52'06"W, a distance of 85,89 feet to the northwesterly corner of said lands of the
Santa Clara Valley Flood Control and Water District; thence leaving the westerly line of
said Lot E, and running along the northerly line of said lands of the Santa Clara Valley
Flood Control and Water District,
5,) N89058'54"E, a distance of 447.85 feet to the northeasterly corner of the aforementioned
lands of the Santa Clara Valley Flood Control and Water District; thence leaving the said
northerly line
6.) N01 o52'06"W, a distance of 1,668.25 feet to a point in a line parallel to, and distant 46 feet
northerly from, as measured at right angles to, the centerline of Day Road, as shown on
Tract No, 6466, "Emerald Valley Estates", filed in Book 465 of Maps at Page 37, records of
Santa Clara County, California; thence along said parallel line
7,) S69037'42"E, a distance of 737.56 feet to the easterly line of Tract 6466, "Emerald Valley
Estates", filed in Book 465 of Maps at Page 37, records of Santa Clara County, California;
thence along said easterly line of Tract 6466
8,) S22011'07"E, a distance of 35.30 feet to a point in a line parallel to, and distant 20 feet
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northerly from; as measured at right angles to, the centerline of Day Road; thence along
said parallel line
9,) S69037'42"E, a distance of 1,332.07 feet; thence leaving said parallel line
10.) N20022'18"E, a distance of 26.00 feet to the beginning of a non-tangent curve to the left,
from which the. radius point bears N20022'18"E, and having a radius of 40:8~ feet, and
shown on the Record of Survey Map filed in Book 481 of maps, at Page 32, Records of
Santa Clara County; thence
11,) Northeasterly along said curve, through a central angle of 121030'25", a distance of 86,55
feet; thence
12,) N6r51'04"E, a distance of 136,63 feet to a point on the easterly line of Santa Teresa
Boulevard as shown on said Record of Survey Map, and also shown on the Record of
Survey Map filed in Book 487 of Maps, at Page 14, Records of Santa Clara County; thence
along said easterly line
13,) S22008'56"E, a distance of 244,90 feet to an angle point; thence continuing along the
easterly line of Santa Teresa Boulevard
14,) S68014'22"E, a distance of 6.46 feet to an angle point; thence continuing along the
easterly line of Santa Teresa Boulevard
1S,) S040SS'54'W, a distance of 62S.30 feet to the beginning of a non-tangent curve to the
right, from which the radius point bears S880 11'06''W, and having a radius of S,055,OO feet;
thence
16.) Southerly along said curve, through a central angle of 00048'48", a distance of.71,76 feet
to the beginning of a non-tangent curve to the left, from which the radius point bears
N8805S'59"E, and having a radius of 40.00 feet; thence
17,) Southeasterly along said curve, through a central angle of 103048'34", a distance of 72.47
feet to a point on the northerly line of Day Road, as shown on said Record of Survey Map
filed in Book 487 of Maps, at Page 14, Records of Santa Clara County; thence leaving said
northerly line
18,) S14048'41"E, a distance of 20,00 feet to a point in the centerline of Day Road; thence
running along said centerline
19.) S75011'19'W, a distance of 31.05 feet; thence leaving said centerline
20,) S14048'41"E, a distance of 20,00 feet to a point on the southerly line of Day Road, and the
beginning of a non-tangent curve to the left, from which the radius point bears
S14048'41"E, and having a radius of 40.00 feet; thence leaving said southerly line of Day
Road, and running along said easterly line of Santa Teresa Boulevard
21,) Southwesterly along said curve, through a central angle of 74047'48", a distance of 52.22
feet to the beginning of a reverse curve having a radius of 5,055,00 feet; thence continuing
along said easterly line of Santa Teresa Boulevard
22,) Southerly along said curve, through a central angle of 04032'23", a distance of 400.51 feet;
thence continuing along said easterly line of Santa Teresa Boulevard
23,) S06023'52'W, a distance of 276.44 feet; thence along said easterly line of Santa Teresa
Boulevard '
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24.) S06023'52"W, a distance of 172.98 feet'to the northeasterly corner of the City Limits of the
City of Gilroy as established by the "Sunrise Drive Reorganization 86-3", by resolution of .
the City of Gilroy dated August 17, 1987; thence along said Gilroy City Limit line
25.} N89045'12"W, a distance of 43,65 feet to the centerline of Santa Teresa Boulevard and the
easterly City Limit line of the City of Gilroy as established by said "Northwest Annexation
65-1 to the City of Gilroy"; thence along said Gilroy City Limit line and centerline of Santa
Teresa Boulevard
26.} N04055'54"E, a distance of 750.49 feet t'b the POINT OF BEGINNING,
Containing 68,8 acres, more or less,
END OF DESCRIPTION,
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2003-71 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
20th day of October, 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 13th day of January, 2005,
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City Clerk of the City of Gilroy
(Seal)