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Resolution 2007-26 RESOLUTION NO. 2007-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING A DATE FOR CONSIDERATION OF THE REORGANIZATION OF AREA DESIGNATED "VICKERY AVENUE REORGANIZATION, NO. 05-01", PROPERTY LOCATED ON VICKERY AVENUE, WEST OF WREN AVENUE; APPROXIMATELY 10.68 ACRES (APN: 790-06-016) WHEREAS, the City Council of the City of Gilroy has received application A05-01, a request for annexation of territory designated "Vickery Avenue Reorganization No. 06-01" from the applicant South County Housing; and WHEREAS, the property, approximately 10.68 acres located on Vickery Avenue, west of Wren Avenue (APN 790-06-016) is contiguous to the City of Gilroy, which territory is more fully described in the legal description and map attached hereto as Exhibits "A" and "B" and incorporated hereby by this reference, 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, the Planning Commission held a duly noticed public hearing on March I, 2007 and recommended that the City Council approved application A05-01; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is to be pre-zoned by the City Council, to NDIPUD (Neighborhood DistrictIPlanned Unit Development), which Zoning Ordinance was introduced on April 2, 2007; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), on March 19, 2007 the City Council adopted the Mitigated Negative Declaration for this project finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that, with implementation of the mitigation measures there will be no significant effects on the environment; 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 Government Code section 56757, the City shall be the conducting authority for a reorganization including an annexation to the City; and \LLEZOTTE\720958.2 032607-04706089 Resolution No. 2007-26 WHEREAS, said territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and 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 hereby initiates annexation proceedings and will consider annexation of the territory designated as "Vickery Avenue Reorganization No. 05-01" and detachment from the County of Santa Clara, the South Santa Clara Fire District and Santa Clara County Open Space Authority on April 16, 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 2nd day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA and VALIQUETTE GARTMAN NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VELASCO and PINHEIRO APPROVED: ~~ . ert PInheiro, Mayor ATTEST: ~~~ Rhonda Pellin, City Clerk ILLEZOTTEI720958.2 032607-04706089 Resolution No. 2007-26 "EXHIBIT A" Annexation to the City of Gilrov Name of annexation Vickery Avenue ReorClanization 05-01 Date October 31. 2006 Legal Description of subject territory to be annexed: All that real property situated in the County of Santa Clara, State of California, being a portion of the Las Animas Rancho, described as follows: Parcel One as described in the Deed to Jennifer Chen and Yuan Yuan Wang, recorded December 31,2003 as Document 17554216, Official Records of Santa Clara County, California, together with a portion of Vickery Avenue as shown on that certain Map entitled "Map of Jas. A. Clayton & Co.'s Subdivision of Las Animas Ranch Lot No. 31 and a part of Las Animas Ranch Lot No. 30", filed June 8, 1926 in Book "V' of Maps, at Pages 1 and 2, Records of Santa Clara County, California, being more particularly described as follows: BEGINNING at the intersection of the easterly line of Lot 22 with the northerly line of Vickery Avenue, as shown on said Map, said point also being an angle point in the existing City Limits Line of Gilroy, as established by "Wren-Farrell Reorganization 98-02, Resolution No. 98-71"; thence running along said City Limits Line and said northerly line of Vickery Avenue 1) S89055'11'W, a distance of 24.65 feet to an angle point in said City Limits Line; thence leaving said northerly line and continuing along said City Limits Line 2) S17014'08"E, a distance of 41.86 feet to the intersection of the southerly line of Vickery Avenue with the westerly line of Wren Avenue, as shown on said Map; thence leaving said City Limits Line and running along said southerly line 3) S8905S'11"W, a distance of 559.16 feet to the intersection of the southerly line of Vickery Avenue with the southerly prolongation of the westerly line of the lands described in the Deed to Angle M. Sandejas, recorded November 23, 1962 in Book 5801, Page 399, Official Records of Santa Clara County, California; thence leaving said southerly line and running along said westerly line 4) NOoo06'11"E, a distance of 239.04 feet to a point on the southerly line of the lands described in the Deed to Thomas H. Doherty, recorded January 6, 1961 in Book 5033, Page 426, Official Records of Santa Clara County, California; thence leaving said westerly lillt: ClIIU I ultllill!:! dlulI!:! :;i:Iiu ;:,uulht:dy lillt: 5) N89054'37"E. a distance of 5 09 feet to the westerly line of said lands described in the Deed recorded in Book 5033, Page 426; thence leaving said southerly line and running along said . westeny hne "___._m_.. ._" 6) N060513'13"\^', a distance oL585 41 feet to the northerly-Jinaof.lot-26., as shown on said Map; the.nce running along the northerly line of Lots 26, 23, and 22, as shown on said Map 7) N82051 '37"E, a distance of 535.87 feet to the northeasterly corner of said Lot 22; thence leaving said northerly line and running along the easterly line of said Lot 22 8) S07'05'21"E, a distance of 45.00 feet to the existing City Limits Line of Gilroy as established by "Wren-Monterey-Farrell Annexation, Ordinance No. 787"; thence continuing along said easterly line and said City Limits Line 9} S07D05'21"E, a distance of 705.33 feet to the existing City Limits Line of Gilroy as established by .Wren-Farrell Reorganization 98-02, Resolution No. 98-71"; thence leaving said City Limits Line of Gilroy as established by .Wren-Monterey-Farrell Annexation, Ordinance No. 787" and continuing along said easterly line of Lot 22 and said City Limits Line of Gilroy as established by .Wren-Farrell Reorganization 98-02, Resolution No. 98-71" 10) S07D05'21"E, a distance of 102.12 feet to the POINT OF BEGINNING. Containing 465,248.74 square feet or 10.68 acres, more or less. END OF DESCRIPTION. 10~~ DATE Andr S. afer, PLS 8005 EXPIRES: December 31, 2006 >- 0:: <( f- Cl c.:> ::!EZW ~ :::J5~ Z >-CD-l>-~ f-Zt-~c.:> UQg I~ c.:> t- lL. 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B _----------------------ft06rz 3 II _ _ _ ~O.OON 5033-0R-426 --- 668-~O-loes 20' o :c o z <C D::: U) <C 2; z <( (11 j I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-26 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 2nd day of April, 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 3rd day of April, 2007. ~2 \ ' ... . A~~ CIty lerk of the CIty of GIlroy (Seal)