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Resolution 2005-56RESOLUTION NO. 2005-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND APPROVING THE REORGANIZATION OF TERRITORY 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 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") 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, 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) as more fully described in the legal description and map attached hereto as Exhibits "A" and `B," which are incorporated herein by this reference, is located at the northeast comer of Las Animas Avenue and Monterey Street and contiguous to the City limits and within the City's urban service area; and WHEREAS, said territory 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 the proposal have consented in writing to this annexation; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), an environmental impact report ( "EIR ") was prepared for this Project; and \NVH \664301.1 -1 01- 071805 - 04706089 Resolution No. 2005 -56 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, on July 18, 2005, the City Council held a duly noticed public meeting and did adopt Resolution 2005 -51, "A Resolution of the City Council of the City of Gilroy Making Required Findings Concerning Significant Effects, Mitigation Measures and Alternatives, and Adopting a Statement of Overriding Considerations, for the Las Animas Pre - Zoning (Z 02 -01) and Annexation (A 01 -01), APNs 835 -05 -005, -006, -007, -008, and -009, for Which an Environmental Impact Report was Prepared in Accordance with the California Environmental Quality Act," and did thereby: (1) certify that the EIR was completed in compliance with CEQA, (2) find that the City Council has independently reviewed and analyzed the EIR and other information in the record and has considered the information contained therein including the written and oral comments received at the public hearings on the EIR and on the Project, prior to acting upon or approving the Project, (3) find that the EIR represents the independent judgment and analysis of the City of Gilroy as lead agency for the Project, (4) designate the office of the City Clerk as the custodian of documents and records of proceedings on which this decision is based, (5) adopt the mitigation measures for the Project, (6) make the required findings for each significant effect of the Project, and (7) adopt a statement of overriding considerations for those effects which were deemed to be unavoidable; and WHEREAS, also July 18, 2005, the City Council considered all of the evidence presented in regard to the reorganization, and the City Council determined to adopt of Resolution No. 2005- 52, entitled "A Resolution of the City Council of the City Of Gilroy Initiating Annexation \NVH \664301.1 -2 01- 071805 - 04706089 Resolution No. 2005 -56 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" and setting August 1, 2005 as the date for the City Council's consideration of said reorganization; and WHEREAS, pursuant to California Government Code section 56663(b), on July 19, 2005, the City Administrator for the City mailed to all affected local agencies that will gain or lose territory as a result of this reorganization a notice of the City Council's adoption of Resolution No. 2005 -52, and no written demand that the City Council make determinations upon Resolution No. 2005 -52 only after notice and hearing was received within ten (10) days following the mailing of that notice; and WHEREAS, part of the unincorporated territory proposed for annexation is under a Williamson Act contract and the City wishes to succeed to the rights, duties and powers of the County of Santa Clara pursuant to California Government Code sections 51243, 56738, 56752, 56754, 56889 and 57330.5; 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, California Government Code section 56757 states that the Local Agency Formation Commission ( "LAFCO ") shall not review a proposal for annexation into any city in INVH \664301.1 -3 01- 071805- 04706089 Resolution No. 2005 -56 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, on August 1, 2005, the City Council adopted Ordinance No. 2005 -18, entitled "An Ordinance of the City Council of the City of Gilroy Approving Application Z 02 -01 to Pre -Zone to M1 (Limited Industrial) Approximately 53.38 Acres Located at the Northeast Corner of Las Animas Avenue and Monterey Street, APNs 835 -05 -005, -006, —007, —008 and — 009," and did thereby to prezone the territory proposed for annexation; 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 01 -01 of the property designated "Las Animas- Cohansey Reorganization No. 01 -01," more particularly described in Exhibit "A" and `B," which are incorporated herein by this reference. 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. INVH1664301.1 -4- 01- 071805- 04706089 Resolution No. 2005 -56 (d) The proposed annexation will not create any islands or areas in which it would be difficult to provide municipal services. Plan. (e) The proposed annexation is consistent with the City of Gilroy's General (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 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 "Las Animas - Cohansey Reorganization No. 01 -01" is hereby ordered without notice, hearing or election and without any further protest proceedings pursuant to Government Code section 56663. 4. That the City, pursuant to Government Code section 51243, will succeed to the rights, duties and powers of the County of Santa Clara under the contract executed pursuant to the Williamson Act governing a portion of the unincorporated territory proposed for annexation, and that the City, will adopt the rules and procedures required by the Williamson Act pursuant Government Code section 56889 and the sections cited therein. 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 %NVH \664301.1 -5- 01- 071805-04706089 Resolution No. 2005 -56 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 M1 (Limited Industrial). 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 together with the State Board of Equalization fees required by Government Code section 54902.5, collected from the applicant, to the executive officer of LAFCO. PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ATTE Rhonda Pellin, City Clerk CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, AND PINHEIRO NONE NONE APPROVED: 4eWrtPinheiro, Mayor \NVH \664301.1 -6- 01 -071805- 04706089 Resolution No. 2005 -56 1 . 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 MW Exp. /Q--A OF o w � imd rARR�LL A1/�r�0� ANNS.YA71ON 66-4 ORD, 768 616 66 LL I' w N -q LLJ z O /1 Ld u O Cq in CC 7 -, Lil T_ N 0) 4 CC x Z Q Q O w Q >z o w � imd rARR�LL A1/�r�0� ANNS.YA71ON 66-4 ORD, 768 616 66 O ul0 I O I a • Q / el / / �i v / W so al N i o I/ O LO O R., 00 IY Z 0_ QI r�l I U �OHANSEY AVENUE (66' WIDE) O I O n I o I o I o ui L0 L0 p Z z � 1119 LL_ i; Q Q I a o G 8 ° Q N 1� V ti CA,o w () lOtl p I o C[ `u O N s.$ a C0 f" o � I �l j� m & II P.OB. 1 0 . N67'40'00*E z V) _J IZ1117670_0771 z �r w 1,3 - I � a w \, ti ul) 00 O o! / p Z O LA A �/ I W F ;h 1 2 >Q O � ° r� ^ � � C) o o v N O ,M z . `�V f � ra a cr� w tCfta ; I v Lj p LO n; \ Q = O � I u7 0 I W N 00 z N I $ n ` z < N� •- O I Q o U 27" Ol G1Lfl0Y 1683.00' — �,^ ]LAS ANIMAS y 11(66- WIDE) � �vm (N68'17'02 "E) (299.53') 297 AVENUE �-9 I w J O 0 z W z O z I I _ am VICINITY MAP N.T.S. GILROY LEGEND -""' -- EXISTING CITY UMITS UNE AND ORGANIZATION UNES 77'7/ BOUNDARY UNE OF PROPOSED ANNEXATION ( S7512.00 -W ) RECORD INFORMATION PER REORGANIZATION 86 -2 . Exp /fl /6_4 ,`gq� Cltllt of �� �`�.� "EXHIBIT B " CITY OF GILROY LAS ANIMAS - COHANSEY REORGANIZATION 01 -01 'p v�/p BEING A PORTION OF HENRY MILLER'S SUBDIVISION ti OF A PART OF LAS ANIMAS RANCH LOT NO. 34 BOOK "E' OF MAPS, AT PAGE 77 October, 2002 SCALE 1 " =300' HANNA & BRUNETII - CIVIL ENGINEERS & SURVEY( - MI PnY ru IC i n o kin n i n i R w N -q LLJ z O /1 Ld u O Cq in 2: v� Lil T_ O ul0 I O I a • Q / el / / �i v / W so al N i o I/ O LO O R., 00 IY Z 0_ QI r�l I U �OHANSEY AVENUE (66' WIDE) O I O n I o I o I o ui L0 L0 p Z z � 1119 LL_ i; Q Q I a o G 8 ° Q N 1� V ti CA,o w () lOtl p I o C[ `u O N s.$ a C0 f" o � I �l j� m & II P.OB. 1 0 . N67'40'00*E z V) _J IZ1117670_0771 z �r w 1,3 - I � a w \, ti ul) 00 O o! / p Z O LA A �/ I W F ;h 1 2 >Q O � ° r� ^ � � C) o o v N O ,M z . `�V f � ra a cr� w tCfta ; I v Lj p LO n; \ Q = O � I u7 0 I W N 00 z N I $ n ` z < N� •- O I Q o U 27" Ol G1Lfl0Y 1683.00' — �,^ ]LAS ANIMAS y 11(66- WIDE) � �vm (N68'17'02 "E) (299.53') 297 AVENUE �-9 I w J O 0 z W z O z I I _ am VICINITY MAP N.T.S. GILROY LEGEND -""' -- EXISTING CITY UMITS UNE AND ORGANIZATION UNES 77'7/ BOUNDARY UNE OF PROPOSED ANNEXATION ( S7512.00 -W ) RECORD INFORMATION PER REORGANIZATION 86 -2 . Exp /fl /6_4 ,`gq� Cltllt of �� �`�.� "EXHIBIT B " CITY OF GILROY LAS ANIMAS - COHANSEY REORGANIZATION 01 -01 'p v�/p BEING A PORTION OF HENRY MILLER'S SUBDIVISION ti OF A PART OF LAS ANIMAS RANCH LOT NO. 34 BOOK "E' OF MAPS, AT PAGE 77 October, 2002 SCALE 1 " =300' HANNA & BRUNETII - CIVIL ENGINEERS & SURVEY( - MI PnY ru IC i n o kin n i n i R I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -56 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 1 st day of August, 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 15th day of August, 2005. City Clerk of the City of Gilroy (Seal)