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
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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.
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... . A~~
CIty lerk of the CIty of GIlroy
(Seal)