Resolution 2007-13
RESOLUTION NO. 2007-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING A DATE FOR CONSIDERATION OF THE
REORGANIZATION OF AREA DESIGNATED "LUCHESSA AVENUE
REORGANIZATION, NO. 06-01", PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF LUCHESSA AVENUE AND MONTEREY
ROAD; APPROXIMATELY 27.7 ACRES (APNs; 808-21-008,009,016 AND
018), CITY FILE A06-02
WHEREAS, the City Council of the City of Gilroy has received application
A06-02, a request for annexation of territory designated "Luchessa Avenue Reorganization No.
06-01"; and
WHEREAS, the property, approximately 27.7 acres on the southwest comer of
Luchessa Avenue and Monterey Road, (APNs; 808-21-008, 009, 016 and 018) is contiguous to
the City of Gilroy and is within its urban service area; and
WHEREAS, the following agencies would be affected by the proposed
annexation: the County of Santa Clara, the South Santa Clara County Fire District and the Santa
Clara County Open Space Authority; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory was pre-zoned on February 6, 2006 by the City of
Gilroy, to ND (Neighborhood District); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA),
the City Council of Gilroy, as Lead Agency for environmental review of the reorganization,
certified the Final Environmental Impact Report for this project on December 19,2005, and the
City Council adopted Resolution No. 2006-03 on January 23,2006 making the required findings
for each significant impact and adopting a statement of Overriding Considerations with regard to
each unavoidable significant impact; and
WHEREAS, the County Surveyor of Santa Clara County has found the map
and description (Exhibits "A" and "B" respectively) to be in accordance with California
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 in Section 56757, the City of Gilroy shall be the
conducting authority for a reorganization including an annexation to the City; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal have consented to this annexation; and
ILLEZOTTEI716821.1
020507-04706089
Resolution No. 2007-13
WHEREAS, California 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 a 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 designated as "Luchessa A venue Reorganization No. 06-0 I" and detachment from the
County of Santa Clara, the South Santa Clara Fire District and Santa Clara County Open Space
Authority on March 19,2007 at 7:00 P.M., or as soon thereafter as the matter can be heard in the
Council Chambers, Gilroy City Hall, at 7351 Rosanna Street.
PASSED AND ADOPTED this 26th day of February, 2007, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~M~Yor
ATTEST:
,J-.~
'- ~-l1.thi'_ ~ .
RHonda Pellin, City Clerk
ILLEZOTTEI716821.1
020507-04706089
Resolution No. 2007-13
H~'jH
William J. Wagner I Thomas A. Armstrong I Michael L Morsilli I David M. Wilson
November 14, 2006
HMH 5050-00-270
Page 1 of 1
ENGINEERS
EXHIBIT "A"
ANNEXATION TO THE CITY OF GILROY
IN THE LAS ANIMAS RANCHO
LUCHESSA AVENUE REORGANIZATION 06-01
REAL PROPERTY in the County of Santa Clara, State of California, being a portion of Lot 5 as
shown on that certain map entitled "Map of Massey Thomas, Senior, Subdivision of Las Animas
Ranchlot No. 15", filed for record in Book G of Maps, page 59, Santa Clara County Records, more
particularly described as follows:
BEGINNING at the most easterly corner of the City Limits of the City of Gilroy's Annexation
Thomas-Monterey 76-8, being the westerly City Limits of the City of Gilroy's Annexation Third
Southem Addition 3-64;
1. Thence along the westerly City Limits of the City of Gilroy's Annexation Third Southern Addition
3-64, South 17057'05" East, 412.54 feet, to the southerly line of said Lot 5;
Thence along said southerly line, the following two courses:
2. Thence South 72002'55" West, 940.32 feet;
3. Thence North 89006'05" West, 926.22 feet, to the westerly line of that parcel of
land described in the deed to the City of Gilroy recorded August 13, 2004, in
Document 17949017 of Official Records, Santa Clara County Records;
Thence along said westerly line and along the easterly line of that parcel of land described in the
deed to the Santa Clara Valley Water District, recorded March 1, 1988, in Book K458 of Official
Records, page 1194, Santa Clara County Records, the following two courses:
4. Thence North 15027'05" West, 217.65 feet;
5. Thence along a tangent curve to the left, having a radius of 900.00 feet, through
a central angle of 39017'45" for an arc length of 617.26 feet, to the southerly City
Limits Line of the City of Gilroy as established by City of Gilroy's Annexation
Thomas-Monterey 76-8, being the southerly line of West Luchessa Avenue;
6. Thence along said southerly City Limits Line, South 88059'05" East, 2099.82 feet, to the POINT
OF BEGINNING.
Containing 27.65 acres, more or less.
5050LD01.doc
SAN JOSE
1570 Oakland Rood
Son Jose, California 951 31
408.487.2200 Tel 408.487.2222 Fax
www.hmh-en!lineers.com
GILROY
7888 Wren Avenue, Bldg. B
Gilroy, California 95020
408.846.0707 Tel 408.846.0676 Fax
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ASSESSOR'S PARCEL NUMBER
FROM MAP 808-21 (2005-2006)
SHEET 1 OF 1
Hl'JH San Jose
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Gilroy
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ENGINEERS www,hmh-tnglneer5.com
EXHIBIT B
PROPOSED ANNEXATION TO THE CITY OF GILROY
IN THE LAS ANIMAS RANCHO
LUCHESSA AVENUE REORGANIZATION 06-01
SANTA CLARA COUNlY CALIFORNIA
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-13 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
26th day of February, 2007, 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 28th day of February, 2007.
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(Seal)