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Resolution 2007-35 RESOLUTION NO. 2007-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND APPROVING THE VICKERY AVENUE REORGANIZATION NO. 05-01, ANNEXATION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF VICKERY AVENUE AND WREN AVENUE CONSISTING OF APPROXIMATELY 10.68 ACRES (APN 790-06-016) AND APPROVING 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 application A 05-01 requesting annexation of territory designated "Vickery Avenue Reorganization No. 05-01" from applicants South County Housing; and WHEREAS, an Urban Service Area ("USA") amendment application was reviewed and approved by the Local Agency Formation Commission of Santa Clara County (LAFCO), Resolution No. 85-19, on April 7, 1985; and WHEREAS, on April 2, 2007 the City Council adopted Resolution No. 2007-26 initiating proceedings for annexation of this property, which property is more fully described in the legal description and map attached hereto as Exhibits "A" and "B"; and WHEREAS, on Apri116, 2007, the City Council adopted Ordinance No. 2007-'1 , pre- zoning this property to ND-PUD (Neighborhood District-Planned Unit Development), and WHEREAS, said territory is uninhabited and all owners of land included in the proposed annexation have consented to it; and WHEREAS, California Government Code section 56757 states that the Local Agency Formation Commission shall not review an annexation proposal of unincorporated territory to any city in Santa Clara County which is within the urban service area of the city where the annexation is initiated by resolution of the legislative body; and WHEREAS, the City Council of the City of Gilroy is thereby the conducting authority for this annexation; and WHEREAS, Government Code section 56663(a) provides that if a petition for annexation is signed by all owners of land within the affected territory, the City Council may approve or disapprove the annexation without public hearing; and ILLEZOTTEI721757.1 032807-04706089 Resolution No. 2007-35 WHEREAS, the City Council has received into evidence the facts necessary to support the following findings, including the staff report dated February 20, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: I. It is the conducting authority pursuant to Government Code section 56757 for the annexation of property designated "Vickery Avenue Reorganization No. 05-01", more particularly described in Exhibits "A" and "B." 2. The following findings are made by the City Council of the City of Gilroy: (a) Said territory is uninhabited and comprises approximately 10.68 acres. (b) The annexation is consistent with the orderly annexation of territory within the City's urban service area and is consistent with the City's General Plan document and General Plan policies. (c) Pursuant to the California Environmental Quality Act ("CEQA"), on March 19, 2007 the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program 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. (d) The City Council on April 16, 2007 adopted Ordinance No. 2007- , pre- zone the subject territory with an ND-PUD (Neighborhood District-Planned Unit Development) zoning designation. (e) The territory proposed for annexation is within the City of Gilroy's Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO) of Santa Clara County on April 7, 1985. (f) The County Surveyor has determined the boundaries of the proposed annexation to be definite and certain and in compliance with the road annexation policies of LAFCO. (g) The proposed annexation will not split lines of assessment or ownership. (h) The proposed annexation will not create islands or areas in which it would be difficult to provide municipal services. (i) The unincorporated territory proposed for annexation is contiguous to existing City limits. (j) The City has complied with all conditions imposed by LAFCO for the inclusion of the unincorporated territory into the City's Urban Service Area. ILLEZOTTEI721757.1 032807-04706089 Resolution No. 2007-35 (k) The unincorporated territory proposed for annexation is not within a farmland security zone created pursuant to California Government Code section 51296 et seq., nor subject to a Williamson Act contract. (1) The herein described reorganization is in full accordance with the Cortese- Knox-Hertzburg Local Government Reorganization Act of 2000 and with Government Code section 56757 relating to City-conducted annexations in the County of Santa Clara. 3. That all affected local agencies that will gain or lose territory as a result of this reorganization have received written notice pursuant to Government Code Section 56663(b) of said intent to annex this territory, the date of intended said action, and no objections have been filed. 4. That all affected property owners have consented to said annexation and no opposition has been received. 5. That said annexation is hereby ordered without further protest proceedings pursuant to Government Code section 56663. BE IT FURTHER RESOLVED THAT, upon completion of these reorganization proceedings, the territory annexed will be 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, 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 a certified copy of this Resolution and any required 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 ofLAFCO. PASSED AND ADOPTED this 16th day of April, 2007, by the following vote: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, and VALIQUETTE GARTMAN and VELASCO PINHEIRO AYES: COUNCILMEMBERS: ILLEZOTTEI721757.1 032807-04706089 Resolution No. 2007-35 APPROVED: Peter Arellano, Mayor Pro Tempore ATTEST: ~d(( aJ~- Rhonda Pellin, City Clerk ILLEZOTTEI721757.1 032807-04706089 Resolution No. 2007-35 "EXHIBIT A" Annexation to the City of Gilroy Name of annexation Vickery Avenue Reoroanization 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) S1r14'08"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) S89055'11 "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 lill~ ell III I U1ll1illY dlulIY ~did :suutll~"Y lill~ - 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 westerly line 6) N06058'13"W, a distance of 585 41 feet to the nortber:\y-!ineof-Lot26,as shown on said Map; thence 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) S07005'21"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) SOr05'21"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) SOr05'21"E, a distance of 102.12 feet to the POINT OF BEGINNING. 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I 000 Q.,Z~ <:l;~<( ~CJ)Q., '-20' ~ <( roo ;:)Z CJ)<( ul j of 1'1-If. of RANCI-l L01' NO. 29 '" 5 RANCH PARTrnON II ~ "5-"-" I EXIS11NG CI1Y UMI1S UN OF GI\J\O~ AS ES1ABUSHEO B~ \\IlEN _ MON1EREY _ FARRELL ANNEXA 1I0i'l, oROINA~CE NO. 787 ~-~-==..:= =~-=-~-==...-=-~ 705.33' 507"05'21''[ 852.4-5'(1) @ m o ui ;U p;@ v .~ @ ~ ~on-58'13"W 585.4\' z. ~ _----------------------fvo 6rZ 3G( ___~O.OON 5Q""_OR-42& u_ 668-cro-I08S o I U L. <( 0::: 20' Ul <( 2:- L. <( I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-35 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 16th 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 27th day of April, 2007. ~L City Clerk of the City of Gilroy (Seal)