Resolution 2005-52RESOLUTION NO. 2005-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INITIATING ANNEXATION PROCEEDINGS AND SETTING A DATE
FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "LAS ANIMAS- COHANSEY REORGANIZATION NO. 01-
01," PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAS
ANIMAS AVENUE AND MONTEREY STREET AND CONSISTING OF
APPROXIMATELY 52.27 ACRES (APNs 835 -05 -005, 835 -05 -006, 835 -05-
007, 835 -05 -008 AND 835 -05 -009), AND DETACHMENT THEREOF 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 ") has received a request for
annexation of territory designated "Las Animas- Cohansey 01 -01" pursuant to Application No.
A 01 -01, Applicant Augustine Melia; and
WHEREAS, pursuant to the Cortese -Knox- Hertzberg Local Government Reorganization
Act of 2000 ( "Local Government Reorganization Act "), 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 County of Santa Clara, South Santa Clara County
Fire District and Santa Clara County Open Space Authority; and
WHEREAS, the property, consisting of approximately 52.27 acres (APNs 835 -05 -005,
835 -05 -006, 835 -05 -007, 835 -05 -008 and 835 -05 -009) located at the northeast corner of Las
Animas Avenue and Monterey Street and contiguous to the City limits, which territory is within the
City's urban service area and is more fully described in the legal description and map attached
hereto as Exhibits "A" and `B "; and
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01- 070705 - 04706089 Resolution No. 2005 -52
WHEREAS, the following special districts would be affected by the proposed annexation:
County of Santa Clara, South Santa Clara County Fire District and Santa Clara County Open Space
Authority; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, the Planning Commission held duly noticed public meetings on April 7 and
May 5, 2005, at which the Commission considered all of the evidence presented in regard to the
reorganization, including the Staff Reports dated March 22 and April 29, 2005; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), an
environmental impact report ( "EIR ") for this project was certified as completed in compliance with
CEQA by the City Council on July 18, 2005, and Resolution No. 2005 -51 was adopted making the
required findings for each significant effect and adopting a statement of overriding considerations
for those effects which were deemed to be unavoidable; and
WHEREAS, in accordance with Government Code Section 56757, the County Surveyor of
Santa Clara County has found the boundaries of the area proposed for annexation 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 the conducting authority for a reorganization including an annexation to the
City; and
WHEREAS, the territory to be annexed is uninhabited for the purposes of Government
Code Section 56663, meaning that fewer than twelve (12) registered voters reside in the territory,
and all owners of land included in proposal have consented to this annexation to the City; and
1NW661623.2
01 -070705 - 04706089 Resolution No. 2005 -52
WHEREAS, the City Council held a duly noticed public hearing on May 9, 2005, and has
considered all of the evidence presented in regard to the reorganization, including the Staff Reports
dated March 22, April 29, 2005, and the Supplemental Staff Report dated May 9, 2005; and
WHEREAS, Government Code Section 56663(a) provides that when 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 notice and 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 "Las Animas - Cohansey No. 01 -01" and detachment
of said territory from the County of Santa Clara, South Santa Clara County Fire District and Santa
Clara County Open Space Authority at their regular meeting of August 1, 2005.
That the City Administrator shall give notice to any affected agency of the filing of the
petition for annexation and the consideration of the City Council thereof.
PASSED AND ADOPTED by the City Council of the City of Gilroy on July 18, 2005, by
the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
;APPR VE
ert Pinheiro, Mayor
ATTES
Rhonda Pellin, City Clerk
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01- 070705 - 04706089 Resolution No. 2005 -52
EXHIBIT "A"
DESCRIPTION OF LAS ANIMAS - COHANSEY REORGANIZATION 01 -01
BEING a portion of the "Henry Miller's Subdivision of Part of Las Animas Ranch lot No. 34" as
filed for record in Book "E" of Maps, page 77, Santa Clara County, California, and being more
particularly described as follows:
BEGINNING at the most northerly corner of Lot 12 of said "Henry Miller's Subdivision ", also
being a point on the southwesterly.line of "Buena Vista — Las Animas Reorganization 86 -2" to
the City of Gilroy as described in Resolution No. 87 -13 of said City adopted March 7, 1987;
thence along the boundary line of said Reorganization S 22 °20'00" E 776.75 feet (S 21 °42'58"
E); thence S 67 °40'00" W 297.00 feet (S 68 °17'02" W 299.53 feet); thence S 22 °20'00" E
180.25 feet to the most northerly corner of " Revised Murray Avenue Reorganization 84 -2" to
the City of Gilroy as described in Resolution No. 85 -41 of said City adopted July 1, 1985, said
corner also being a point on the northwesterly line of Las Animas Avenue; thence along the
northwesterly boundary of said Reorganization S 67 °40'00" W 1683.00 feet to a point on the
southwesterly lot line of Lot 8 of "Henry Miller's Subdivision ", also being the northeasterly
boundary of "Monterey (Northwest) No. 65 -4" Annexation to the City of Gilroy as described in
Resolution 80 -76 of said City adopted April 18, 1980; thence along said boundary and the
northeasterly boundaries of "Farrell Avenue -101 Annexation to the City of Gilroy" as described
in Ordinance No. 768 of said City adopted June 6, 1966 and the "Wren- Monterey - Farrell
Annexation to the city of Gilroy" as described in Ordinance No. 787, of said City adopted
February 6, 1967 N 22 °20'00" W 1287.00 feet to the most westerly corner of Lot 9 of said
Subdivision; thence leaving said northeasterly boundaries along the northwesterly lot line of said
lot 9 and the northeasterly prolongation thereof N 67 °40'00" E 1320.00 feet to a point on the lot
line common to Lots 15, and 16 of said Subdivision; thence along said common lot line S
22 020'00" E 330.00 feet to the most westerly corner of said Lot 12; thence along the
northwesterly line of said lot N 67 °40'00" E 660.00 feet to the point of beginning, and
CONTAINING THEREIN 52.27 Acres of land, more or less.
SEE EXHIBIT "B" attached hereto and made a part hereof.
() Denotes data per Buena Vista - Las Animas Reorganization 86 -2
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"EXHIBIT
CITY OF GILROY
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OF A PART OF LAS ANIMAS RANCH LOT NO. 34
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( S751ZOG -W ) RECORD INFORMATION PER
REORGANIZATION 86 -2
"EXHIBIT
CITY OF GILROY
LAS ANIMAS - COHANSEY REORGANIZATION 01 -01
'yo BEING A PORTION OF HENRY MILLER'S SUBDIVISION
OF A PART OF LAS ANIMAS RANCH LOT NO. 34
k BOOK "E" OF MAPS, AT PAGE 77
��ty v October. 2002 SCALE 1 " =300'
HANNA do BRUNET n — CIVIL ENGINEERS & SURVEYORS —GILROY, CALIF. JOB N 0.01016
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -52 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
18th day of July, 2005, 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 19th day of July, 2005.
City Clerk of the City of Gilroy
(Seal)