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Resolution 2005-08 RESOLUTION NO. 2005-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "THOMAS ROAD REORGANIZATION NO. 02-01" PURSUANT TO APPLICATION NO. A02-01 TO ANNEX APPROXIMATELY 10.6 ACRES AT 6151 THOMAS ROAD, CONTIGUOUS TO THE CITY OF GILROY, AND APPROVING DETACHMENT OF SAID TERRITORY FROM THE COUNTY OF SANTA CLARA, SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY WHEREAS, the City Council of the City of Gilroy ("City") received an application for annexation of certain territory designated "Thomas Road Reorganization No. 02-01" 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. A02-01 from the applicant, the Church of Jesus Christ of Latter Day Saints; and WHEREAS, the property, located at 6151 Thomas Road and contiguous to the city limits on the western side of Thomas Road between Vinca Court and Alder Street; includes approximately 10.6 acres, identified as APNs 808-39-066, 808-21-024 and 808-21-025 plus Thomas Road right-of-way, 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 WHEREAS, the territory proposed to be annexed is unincorporated territory within the City's urban service area; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal have consented in writing to this annexation; and INVH1639612.1 01-122804-04706089 -1- Resolution No. 2005-08 WHEREAS, 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; and WHEREAS, the unincorporated territory proposed for annexation is not under a State Williamson Act contract; and WHEREAS, the proposed annexation IS consistent with the orderly annexation of territory within the City's Urban Service Area and is consistent with the City's policy of annexation and extending City services; and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission ("LAFCO") 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 annexation is initiated by resolution of the legislative body; and WHEREAS, the City Council held a duly-notice public meeting on October 18, 2004, at which the City Council considered all of the evidence presented in regard to the reorganization, including the Staff Report dated September 23, 2004, and the Supplemental Staff Report dated October 8, 2004; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on October 18, 2004, considered a mitigated Negative Declaration dated December 13, 2002, for this project and determined to delete mitigation measure #8 because mitigation measure #7 adequately addresses the same issues in requiring preparation of a storm water pollution prevention plan; and WHEREAS, also pursuant to CEQA, the City Council on October 18, 2004, adopted said mitigated Negative Declaration for this project with eleven (11) mitigation measures and the INVH1639612.1 01-122804-04706089 -2- Resolution No. 2005-08 Mitigation Monitoring Checklist, 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, on October 18, 2004, the City Council adopted Ordinance No. 2004-20 to prezone the territory proposed for annexation to R1-PUD (Single-Family Residential - Planned Unit Development) and PF (Park/Public Facility), which zoning will be effective when, and only if, annexation to the City becomes effective. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT 1. The City Council is the conducting authority pursuant to Section 56757 of the Government Code for the annexation pursuant to Application No. A 02-01 of the property designated "Thomas Road Reorganization No. 02-01," more particularly described in Exhibit "A" and "B." 2. The City Council hereby finds as follows: (a) The unincorporated territory proposed for annexation is within the City of Gilroy's Urban Service Area as adopted LAFCO. (b) 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. (c) The proposed annexation will not split any line of assessment or property ownership. INVH1639612.1 01-122804-04706089 -3- Resolution No. 2005-08 (d) The proposed annexation will not create any islands or areas in which it would be difficult to provide municipal services. (e) The proposed annexation is consistent with the City of Gilroy's General Plan. (f) The unincorporated territory proposed for annexation IS contiguous to existing City limits. (g) The City has complied with all conditions imposed by LAFCO for inclusion of the territory in the Urban Service Area of the City. (h) The unincorporated territory proposed for annexation is not under a State Williamson Act contract. (j) 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 said annexation of the territory designated "Thomas Road Reorganization No. 02-01" is hereby ordered without notice, hearing or election and without any further protest proceedings pursuant to Government Code section 56663. 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 Gilroy and detached from the County of Santa Clara, the South Santa Clara County Fire District and the Santa Clara County Open Space Authority. INVH1639612.1 01-122804-04706089 -4- Resolution No. 2005-08 BE IT FURTHER RESOLVED THAT the lands described herein are given a zoning designation of R1-PUD (Single-Family Residential - Planned Unit Development) and PF (Park/Public Facility). 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. BE IT FURTHER RESOLVED THAT pursuant to Government Code section 56756, the City Clerk shall submit forthwith a certified copy of this resolution and the LAFCO filing fees plus the State Board of Equalization fees required by Government Code section 54902.5, collected from the applicant, to the executive officer ofLAFCO. PASSED AND ADOPTED this 7th day of February, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ~~ Albert Pinheiro, Mayor - ATTEST: ~-~. Rhonda Pellin, City Clerk INVH1639612.1 01-122804-04706089 -5- Resolution No. 2005-08 EXHIBIT "A" ANNEXATION TO THE CITY OF GILROY "THOMAS ROAD REORGANIZATION 02-01" All that real property situated in the County of Santa Clara, State of California, and being all of the Lands described in that certain Individual Grant Deed, David McCarthy and Nancy McCarthy, husband and wife to Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter - Day Saints, a Utah Corporation Sole, filed for record on July 5, 1988, in Document Number 9746010 at the Office of the Recorder of Santa Clara County and a portion of Thomas Road (40- foot wide) and Lot 9 as said right-of-way and Lot are shown on that certain Map entitled, "Map of Massey Thomas Senior Subdivision of Las Animas Ranch Lot No. 15", filed for record on April 15, 1893 in Book G of Maps at Page 59 at said Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the northwesterly corner of said Lands described and in Document Number 9746010, said point being coincident with a corner of the existing City of Gilroy city limit's line, as established by the annexation entitled, "Thomas - Mesa Annexation 69-1 to the City of Gilroy", as adopted by the Council of the City of Gilroy on February 3, 1969, as Resolution No. 1315; thence coincident with said city limit's line the following six courses; East, a distance of 860.11 feet; thence North, a distance of 2,074.65 feet; thence North 68000'00" East, a distance of 145.86 feet; thence South 49000'00" East, a distance of 323.40 feet; thence continuing southeasterly, South 49000'00" East, a distance of 30.78 feet; thence South 89002'00" East, a distance of 440.09 feet to the westerly line of the annexation entitled "Thomas - Monterey Annexation 76-8"; thence coincident with said line, South 00002'56" East, a distance of 19.80 feet to the southerly right-of-way line of West Luchessa Avenue (formerly Thomas Road, 39.6-foot wide), as said right-of-way is shown on that certain Map, entitled "Map of Massey Thomas' senior Subdivision of Las Animas Ranch Lot No. 15", filed for record on April 15, 1893 in Book G of Maps at page 59 at said Office of the Recorder of Santa Clara County; thence coincident with said right-of-way line, South 89002'00" East, a distance of 419.51 feet to a point of curve to the left having a radius of 1090.00 feet and a central angle of 17016'53"; thence southwesterly along the arc a distance of 328.76 feet; thence South 53001 '46" West, a distance of 143.75 feet to the easterly right-of-way line of said Thomas Road; thence coincident with said right-of-way line, South, a distance of 2,745.14 feet; thence leaving said right-of-way line, West, a distance of20.00 feet to said city limit's line of said "Thomas - Mesa Annexation 69-1"; thence coincident with said city limit's line the following three courses; North, a distance of780.24 feet; thence West, a distance of 860.11 feet; thence North, a distance of 330.00 feet to the POINT OF BEGINNING and containing 461,704 square feet or 10.60 acres, more or less. 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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 14th day of February, 2005. ~~. City Clerk of the -City of Gilroy (Seal)