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2008-004-Making Determinations And Approving The Reorganization Of Territory Designated Blackberry Hill Road No.5 Approximately 1.98 Acres Located At 15401 & 17689 Blackberry Hill Road (Apns: 532-25-RESOLUTION 2008-004 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED BLACKBERRY HILL ROAD NO. S APPROXIMATELY 1.98 ACRES LOCATED AT 15401 & 17689 BLACKBERRY HILL ROAD (APNs: 532-25-009 & O10) WHEREAS, a petition for- the annexation of certain territory to the Town of Los Gatos and detachment of said territory from Santa Clara County Library Service Area, consisting of 1.98 acres located at 15401 & 17689 Blackberry Hill Road (APNs 532-25-009 & 010) has been filed by Gerhard Parker; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not review an annexation proposal to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city in initiated by resolution of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction authority of said 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 Town Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the Town Council; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos as follows: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Blackberry Hill Road No. 5, more particularly described in Exhibit A and B; 2. That the following finding are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately 1.98 acres. b. That the annexation is consistent with the orderly annexation of territory within the Town's urban service area and is consistent with the Town policy of annexing when required by the Town's agreement with the County of Santa Clara. c. The project is exempt from C.E.Q.A. under the provision of the California Administrative Code, Title 14, Section 15061(b)(3). d. The Town Council enacted an ordinance over 20 years ago pre-zoning the subject territory with an HR-21/z (hillside residential) zoning designation. e. That the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. f. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. 'The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this determination. g. That the proposed annexation does not create island or areas in which it would be difficult to provide municipal services. h. That the proposed annexation does not split lines of assessment or ownership. i. That the proposed annexation is consistent with the Town's General Plan. j. That the territory to be annexed is contiguous to existing Town limits. k. That the Town has complied with all conditions imposed by the Commission for inclusion of the territory in the Town's urban service area. 3. That Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. 4. That all property owners have been provided written notice of this proceeding and no opposition has been received. 5. That .said annexation is hereby ordered without any further protest .proceedings pursuant to Section 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the ter7itory annexed will be detached from the Santa Clara County Library Service Area. 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. PASSED AND ADOPTED at a regular meeting of the Town Council held on January 22, 2008, by the following vote: COUNCII., MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara Spector NAYS.: None ABSENT: ABSTAIN: SIGN ' : Y hC ,, YOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: . ~~ ~_a~ CLERI~O~ TIDE TOWN OF LOS GATOS LOS GA~I.~5, CALIFORNIA "~~HI~IT A" Annexation to: The Tawn of Los Gatos Name of Annexation: 3Lfl•cL~c~rR~ -Eltt..~ ti, S"- Date: ~ ~ 2-~' ~ ~~ July 20, 2007 LEGAL ®E~CRIPTIC7N PROPOSED ANNEXATION FOR LANDS ®F PARKER 15401 AN® 17689 ~LACKEERRY HILL ROA® All of that real property situate in the County of Santa Clara, State of California, and being all of Parcels 'A' and `B' as shown on that Record of Survey filed in Book 140 of .Maps at Page 53, Santa Clara Gounty Records and being a portion of the NE ~/a of Section 27, T8S, R1W, Mount Diablo Base & Meridian, mare particularly described as fall ows: Commencing at the Southwestern most corner of Town of Los Gatos .Annexation "Mirev~! Road No. 2" and proceeding S 89°31'30" E along the South line of said annexation, 212.91 feet to the Northwest corner of that ..Record of Survey Map filed far record in Book 140 of Maps at Page 53, Santa Glara County Records, last said corner being the True Point of Beginning for this annexation; thence 1) S 89°31'30" E 212.50 feet along .last said South line (said map shows S 89°37'00" E) 2} S 2°00'00" W 387.83 feet 3) S 80°1.3'00" W 216.98 feet 4) N 2°00'00" E 426.15 feet to the Point of Beginning, containing 1.985 acres, mare or less (gross) END OF DESCRIPTION ~Q SAN D ~~ ~a~~~°0~~~ ~ QED ~~'`' ~ Q ~~ No. 3295 >`~o~er E. Dodgb Licensed Land Surveyor #3295, State of California ~j , ~ S i°~~.~~"s«,.I ~c;~a,t]~,'r t---~. l ` I t~,91 ` ~.,•. y r~ ,. ~ `l~yc.~~~~,c ~,,.E ,i~ ~~~ 1"` 4~ .,,~ ____~- _._...._....~ - _ - ~+.__----.~.-.._-ot ~~ ~ sir Qt ~ ~\r!~~~ ~~~ t~'~ \~~~ ~~~L;sae ~~.^r .;f= , .r i~ ~' t'_. ~ a f~;^l„} b . 1 ,~` ~~ • ''7 ~' ~~~. 1 ~s e'~~ ~ ~~~' ` ~ ~~~ kr~ fY L % S~.G'I, 2'7, T€~S RtUI Ms~$d~t ~~aa~~nn~; 1,~4,.~ rte. ~_. L3LFIGKLi~64~~. l~n1r`,~X, rSt~,~ , ~ L~Lt~t'.KCfi~~ff~y ~S~~~Z~af,c B'~~, ~a I "' Ct~J~ C i C ~ ~ try ~, ~ ~V E }a'"'. ~~ ~~ / / ,~.~~. t~ ~ ia° C2i.o~ ~.7~ ~(~,~/ ~~l~s,~~s 1 Y i/ I Y { ~J V .t~~.~.' ~A ~.atS (y/ t t ~./ „D "`'~'~F :.~ 4~• ~_L~~l~~~~ LoC~-~1~~,~ r`~t hr l ~, f~ Rogrs F'I~DYt}SE4 R t~1(~s:~X~7Gl ~cCa E "N E t ErJ ~ ~r~~r.~ ( t~ CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Blackberry Hill Road No. 5 Brief Description of Proposal: This proposal is to annex two parcels of residential property totaling 1.98 acres to the Town of Los Gatos. The property is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 15401 & 17689 Blackberry Hill Road, Los Gatos, CA 95030 Assessor's Parcel Numbers: 532-25-009 & 010 The Santa Clara County Library Service Area, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of Authorized Representative Date Administrative Services Manager III In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, § 56663 ~ & (d) of Government Code allows for waiver of protest proceedings if.• Uninhabited area [§566639] Area with less than I2 registered voters Inhabited area [§56663(d)J Area with I2 or more registered voters All owners of'land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all properly owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or Town Council's intent to waive protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal Q (~ ~ ~; 0 2007 TC~\NN OF !._OS GATOS N:\DEVISUZANNEWNNEXATIONILIBRARYWAIVER\BLACKBERRYHILLN05-LW,DOC ATTAC~NT 2 >oc Created: 5/27/03 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if• they desire that protest proceedings be waived. DESTGNATFD TITLE OF PROPOSAL: Blackberry Hill Road No. 5 Brief Description of Proposal: This proposal is to annex two parcels of residential property totaling 1.98 acres to the Town of Los Gatos, The property is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 15A~01 &17689 Blackberry Hill Road, Los Gatos, CA 95030 Assessor's Parcel Number: 532-25-009 & 010 The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Govenunent Code Section 56663 (c) & (d). Signature of Author ze. epresentative l/~it/~r~ lbw ~~ Title of Repres ntative Date Tit the case of inhabited (12 of more regisier•ed voters) or uninhabited ctdy or district ani2exatiaas or• detachments a"bout, §.56663 ©) c~ (cl) of Government Code allows for tivaiver of protest proceedings if Uninluibiterl area (§56663~J A/'L'a 1VLtJa less thalt I2 1'G'glSter'e[I VOter'S Ltlutbiterl area [§56663(d)J ArG'cl iVttJt 2 Or" 11101•e YC'~'1StL't'L'd VOIC't'S All owners of land within affected area consent to Town provided written notice (of project grad Totivn's arute~ati.on intent to not hold a protest proceeding) to all property owners and registered voters and ifno tivrittertoppositiort • is received•fi•om them prior to conclusion of meeting .111 crf[ected agencies t/utt gain or lose territory give All affected agertcies• tltcct gain or lose. territory give written consent to waiver of protest proceedings written coatsertt to tivaiver q[~prrotest proceedings If al.the pudic hearing there is oppositial expressed regcu•dirtg the proposal vr• Town Cotcncil's• irtterat to rvai.ve protest proceedings, then protest proceeding will be r•equir•ed. Enclosures: Detailed Map and Description of proposal ~,,~ ~~" ocr ~ ~ 200 '~:,Df lr._.SULAN;~~C'~.\NN8\,4TIOidSC'C'4F':11\'Bk_liLACK13GRR1'I~1ILL\0~-S("Cli'.L)OC ATTAC~T 3 pl nl~lt~.lid{~ C?11.r1~`r0;,; Doc Creased i'27;03