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HomeMy WebLinkAboutResolution 1986-54 . . RESOLUTION NO. 86-54 RESOLUTION INITIATING REORGANIZATION O~ TERRITORY, DESIGNATED AS: "KERN AVENUE REORGANIZATION 84-5" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY AND IT DOES HEREBY FIND: 1. That, pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985, a petition signed by owners of not less than five percent of the land in the hereinafter described territory, by area and by assessed value, was filed with the Council of the City of Gilroy requesting annexation of the hereinafter described territory to the said City and detachment from the South Santa Clara Fire District. 2. That the proposed reorganization is described on Exhibit "A" attached hereto, and is designated "KERN AVENUE REORGANIZATION 84-5" 3. That the territory which the petitioners request be annexed to the City of Gilroy, and which the City Council proposes to annex and to detach from the South Santa Clara County Fire District, is contiguous to the city limits of the City, contained less than 12 registered voters at the time the petition was filed, is uninhabited territory. 4. That said petition does not contain the written consent of all of the land owners to the annexation. 5. That the Council has previously approved a Negative Declaration and mitigation measures for the proposed annexation and reorganization as proposed. RESOLUTION NO. 86-54 -1- . . 6. The reasons for the proposed reorganization are: (1) The reorganization does not create any island. (2) The proposal is in compliance with LAFCO road policies (3) All of the land is in the current Urban Service Area. (4) The reorganization conforms to lines of Assessment. 7. That Monday, the 15th day of September, 1986, at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall in the City of Gilroy, County of Santa Clara, California, is hereby fixed as the time, date and place of hearing on the proposed reorganiza- tion. 8. Any interested person desiring to make written protest against said annexation or detachment shall do so by written com- munication filed with the city clerk of the City of Gilroy not later than the hour set for hearing. A written protest by a land owner shall contain a description sufficient to identify the land owned by him; a protest by a voter shall contain the residential address of such voter. 9. The City Clerk of the City of Gilroy is hereby authorized and directed to cause a copy of this resolution to be published once in the Gilroy-Morgan Hill Dispatch, a newspaper of general circula- tion published in the affected City, County and District, said pub- lication to be complete at least fifteen (15) days prior to the date set for hearing. 10. The City Clerk is directed to cause written notice to be given to such other persons as may be legally entitled thereto, in the manner required by law. RESOLUTION NO. 86-54 -2- . . PASSED AND ADOl'TED this 18th day of August, 1986 by the following vote: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNOILMEMBERS: NONE COUNCILMEMBERS: NONE AYES: RESOLUTION NO. 86-54 -'31- , . . CITY OF GILROY KERN AVENUE REORGANIZATION 84~ BEING all of Lots 21, 22, 31 and 32 as shown on "Map of Henry Miller's Subdivision of Las Animas Ranchlot No. 23", which map is filed for re- cord in Book "H" of Maps at page 5, Records of Santa Clara County, California, a portion of Ranchlots 27 and 30 as shown on Map No.7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and all of Lot 36 as shown on the map "Jas. A. Clayton & Co's Subdivison of Lot 31 and Part of Lot 30 of the Las Animas "Rancho Partition" filed for record on June 8, 1926 in Book "V" of Maps at pages 1 and 2, Records of Santa Clara County, and being more particularly described as follows: "BEGINNING at the northwesterly corner of "Kern Avenue Annexation" 81-9 to the City of Gilroy as described in Resolution No. 82-49 of said City adopted April 5, 1982, being also the northeasterly corner of "Morey Avenue Reorganization 84-1" of said City as de- scribed in Resolution No. 84-45 adopted June 4, 1984, being also the southwesterly corner of the lands of the Gilroy Unified School District as shown on Record of Survey Map filed for record in Book 212 of Maps at page 46, Records of Santa Clara County, and running thence along the southerly line thereof and the northerly line of said "Kern Avenue Annexation 81-9" S.89o.olI20"E. 1132.59 feet to the northeasterly corner of said Annexation in the east- erly line of Kern Avenue; thence along the easterly line of Kern Avenue and said Annexation S.0054'55"W. 650.45 feet, more or less, to the southeasterly corner of said Annexation in the northerly line of "Hecker Pass-Wren-Kern Annexation to the City of Gilroy" as described in Ordinance No. 773 of said City adopted August 1, 1966; thence along said northerly line and the northerly line of the "Seventh Western Addition to the City of Gilroy" as dEScribed in Ordinance No. 716 of said City adopted April 8, 1964 S.89001'45"E. 693.00 feet, more or less, to the southwesterly corner of the "Eighth Western Addition to the City of Gilroy" as described in Resolution No. 885 of said City adopted April 12, 1964; thence along the westerly line thereof N.0054'55"E. 534.00 feet, more or less, to the northwesterly corner thereof in the southerly line of the "Eleventh Western Addition to the City of Gilroy" as described in Resolution No. 885 of said City adopted January 6, 1965; thence along said southerly line N.89001' 54"W. 229.68 feet, more or less, to the southwesterly corner thereof; thence along the westerly line thereof and the westerly line of the Monterey (Northwest) No.2 Annexation to the City of Gilroy" as described in Ordinance No. 746 of said City adopted August 4, 1965 and the westerly line of the "Tenth Western Addition to the City of Gilroy" as described in Resolution No. 880 of said City adopted December 23, 1965 N.0058'56"E. 438.87 feet, more or less, and N.4019118"W. 483.70 feet, more or less, to the southeasterly corner of "North- west Annexation 65-1 to the City of Gilroy" as described in Reso- lution No. 959 of said City adopted September 7, 1965; thence along the southerly line thereof S.88042' 37"W. 471.30 feet, more or less, to a southwesterly corner thereof in the westerly line of Kern Avenue; thence along the westerly 'line Kern Avenue S.1016'50"E. 79.20 feet, more or less, to the northeasterly corner of said Lands of the Gilroy Unified School District as shown on said Re- cord of Survey Map; thence along the boundaries of said School District Lands, as shown on said map, S.89054'04"W. 493.82 feet, more or less, S.0027'39"W. 20.00 feet, S.89054'04"W. 658.28 feet, more or less, to the northwesterly corner thereof; thence along the westerly line thereof 5.0015' 16"W. 315.92 feet and S.16028'36"E. 104.21 feet to a southwesterly corner thereof; thence along a southerly line thereof N.89051'43"E. 32.43 feet to an angle point in said boundary; thence along the westerly line thereof S.0052'20"W. 250.60 feet, more or less, to the point of beginning", and CONTAINING THEREIN 36.514 acres, more or less". r')' No. 7929 EXHIBIT A . . 1, SUSANNE E. STEINMETZ; Ci~y Clerk of the City of Gilroy, do 86-54 is an hereby, certify that the attached Resolution No. original resolution, duly adopted by 'the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of August p 19 ~, 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 30th day of October 19 86 . - UAl~' - Clerk of t:ne . --.- - ....-..- - __ .__ .._._..... __uo