Loading...
2006-009-Making Determinations And Approving Reorganization Of Arnerich Road No 1 Located Along Arnerich Rd And Deer Park CtRESOLUTION 2006 - 009 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "ARNERICH ROAD NO. 1," APPROXIMATELY 79 ACRES LOCATED ALONG ARNERICH ROAD AND DEER PARK COURT (APNs: 537-11-008, 011, 015, 017, 018, 019, 028, 029, 031, 537-12-004, 010, 537-17-009, 028, 029, 030 and 031) 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 79.0 acres located along Arnerich Road and Deer Park Court (APNs: 537-11-008, 011, 015, 017, 018, 019, 028, 029, 031., 537-12-.004, 010, 537-17-009, 028, 029, 030 and 031)) has been filed by Ed T. Pearson; and WHEREAS, on December 5, 2005, the Town Council adopted Resolution 2005-125 initiation proceeding for annexation of the area designated as "Arnerich Road No. 1 "; and WHEREAS, said territory is inhabited and all on the owners of land included in theproposal have not consented to this annexation; and WHEREAS, Section 56757 ofthe 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 in within the urban service area of the city if initiated by resolution of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction authority for said annexation; and WHEREAS, in accordance with Government Code Section 57025 (a and b) and Section 57026, the Clerk Administrator of the Town of Los Gatos .has provided mailed notice of the hearing on the reorganization and notification of their eligibility to protest this city-initiated proceeding with instruction on how to prepare a valid, written protest; and WHEREAS, the Town of Los Gatos has conducted a public hearing on the reorganization in accordance with Section 57050 of the California Government Code, to accept protest, objections or evidence which is made presented or filed; and WHEREAS, the Town of Los Gatos , at the close of the public hearing, intends to determine the value of the written protests in order to take the appropriate action on the reorganization. NOW, THEREFORE, BE IT RESOLVED bythe Town Council ofthe Town ofLos Gatos as follows: 1. That it is the conduction authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Arnerich Road No. 1" more particularly described in Exhibit "A" and "B"; 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. That said territory is inhabited and comprises approximately 79.0 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 requested to provide Town services. c. The Town Council has determined that this action is a project as defined under CEQA but is statutorily exempt under Section 15061(b)(3). d. The Town Council enacted an ordinance over 25 years ago pre-zoning the subject territory with an HR-20 (Hillside Residential, One (1) dwelling per 20 acres) zoning designation and RC (Resource Conservation)-APNs: 537-17-028 and -029. e. That the territory is within the Town's urban service area as adopted bythe 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 Chief Petitioner has reimbursed the County 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. The proposed annexation is consistent with the Town's General Plan. That the territory to be annexed is contiguous to existing Town limits. k. That the Town Council has complied with all conditions imposed by the Commission for inclusion of the territory in the Town urban service area. 1. That the Town shall succeed to the Williamson Act contract pursuant to Section 51243 of the Government Code. The one valid written protest to the reorganization proceedings was received by the Clerk Administrator of the Town of Los Gatos and the value of those protests submitted prior to the close of the public hearing constitute 6.25% of the 16 registered voters and 4% of the property owners owning 2.63% of the assessed value of the land in the affected territory. 4. That said annexation is hereby ordered without election pursuant to section 57075 and is subject to no terms and conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory 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 the 6`" of February 2006, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS:. None ABSENT: None ABSTAIN: None SIGNED: ~(~MP~ /~1c9~~' MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~~/ ~~~ CLERK :ADMIIVISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS ANNEXATION ARNERICH ROAD NO. 1 EXHIBIT "A" DESCRIPTION All that certain real property situate in the Unincorporated Area of the County of Santa Clara, State of California, more particularly described as follows: BEGINNING at the most Southwesterly Corner of Lot 7 as shown on that certain map entitled, "Tract 5502", filed for record March 28, 1980 in Book 461 of Maps at pages 16, 17 and 18, Santa Clara County Records, and as corrected by that certain Certificate of Correction recorded April 23, 1981 in Book G 042 at .page 726, Santa Clara County Official Records; said point also lying on the most Easterly Line of that certain annexation to the Town of Los Gatos known as Deer Park Road No. 1; thence from the POINT OF BEGINNNNG in a northeasterly direction and along said Easterly Line of the Deer Park Road No. 1 annexation the following courses and distances: North 10° 36' 08" East 208.06 feet to a point; thence North 61 ° 2T 32" West 232.48 feet to a point lying on the right-of-way line of Deer Park Court; thence along said right-of-way line of Deer Park Court the following courses and distances: along a curve to the left having a radius of 42.00 feet through a central angle of 11° 30' 12" an arc distance of 8.43 feet to a point; thence along a reverse curve to the right having a radius of 42.00 feet through a central angle of 116° 02' 46" an arc distance of 85.07 feet to a point; thence leaving said Easterly Line of the Deer Park Road No. 1 annexation and continuing along said Deer Park Court right-of-way the following courses and distances: continuing along a curve to the right having a radius of 42.00 feet through a central angle of 125° 57' 35" an arc distance of 92.33 feet to a point; thence along a reverse curve to the left having a radius of 42.00 feet through a central angle of 31° 00' 10" an arc distance of 22.73 feet to a point; thence North 70° 36' 20" East 375.10 feet to a point; thence along a tangent curve to the left .having a radius of 20.00 feet through a central angle of 91° 00' 36" an arc distance of 31.77 feet to a point lying on the Westerly right-of-way line of Deer Park Road; thence North 70° 36' 20" East 60.00 feet to a point lying on the Easterly right-of-way line of Deer Park Road; thence along said Easterly right-of-way line of Deer Park Road and along a curve to the left having a radius of 370.00 feet through a central angle of 07° 19' 03" an arc distance of 47.26 feet to a point; thence leaving said Easterly right-of-way line of Deer Park Road the following courses and distances: North 62° 16' 42" East 29.10 feet to a point; thence along a tangent curve to the right having a radius of 75.00 feet through a central angle of 35° 25' 01" an arc distance of 46.36 feet to a point; thence South 82° 18' 17" East 36.50 feet to a point; thence along a tangent curve to the left having a radius of 75.00 feet through a central angle of 14° 39' 30" an arc distance of 19.19 feet to a point; thence , North 83° 02' 13" East 1.33.70 feet to a point; thence along a tangent curve to the left having a radius of 500.00 feet through a central angle of 11° 29' 48" an arc distance of 100.33 feet to a point; thence North 71° 32' 25" East 137.85 feet to a point; thence along a tangent curve to the left having a radius of 50.00 feet through a central angle of 64° 00' 00" an arc distance of 55.85 feet to a point; thence North 07° 32' 25" East 182.30 feet to a point; thence along a tangent curve to the left having a radius of 50.00 feet through a central angle of 19° 13' 04" an arc distance of 16.77 feet to a point; thence Mason-Sulic, Inc. Revised April 25, 2005 Job No. 03-552 December 6, 2004 Page 1 of 3 Annexation to The Town of Los Gatos DESCRIPTION CONTINUED North 89° 32' 25" .East 123,66 feet to a point; thence North 00° 33' 26" West 597.41 feet to a point; thence South 80° 15' 00" East 475.20 feet to a point; thence South 80° 45' 00" East 32.07 feet to a point; thence South 00° 33' 26" East 1151.50 feet to a point; thence North 89° 45' 16" East 826.70 feet to a point; thence North 00° 00' 00" East 44.00 feet to a point; thence North 89° 30' 00" East 239.38 feefi to a point; thence North 44° 26' 49" East 42.39 feet to a point; thence North 89° 30' 00" East 100.00 feet to a point; thence South 00° 00' 00" West 74.00 feet to a point; thence North 89° 30' 00" East 187.08 feet to a point; thence South 00° 00' 00" West 37.14 feet to a point lying on the Northerly right-of-way line of Arnerich Road; thence along said Northerly right-of-way line of Arnerich Road the following courses and distances: North 77° 17' 30" East 288.77 feet to a point.; thence South 31 ° 33' 55" East 3.34 feet to a point; thence North 00° 30' 00" West 10.56 feet to a point; thence North 71 ° 1 T 00" East 138.50 feet to a point; thence along a tangent curve to the left having a radius of 100.00 feet through a central angle of 47° 00' 20" an arc distance of 82.04 feet to a point; thence North 24° 16' 40" East 116.05 feet to a point; thence leaving said Northerly right-of-way line of Arnerich Road South 31° 35' 04" East 60.41 feet to a point lying on the Southerly right-of-way line of Arnerich Road; thence along said Southerly right-of-way line of Arnerich Road the following courses and distances: South 24° 16' 40" West 73.41 feet to a point; thence South 08° 32' 00" West 31.49 feet to a point; thence along a curve to the right having a radius of 160.00 feet through a central angle of 39° 15' 40" an .arc distance of 109.64 feet to a point; thence South 71 ° 17' 00" West 57.22 feet to a point; thence South 89° 30' 00" West 31.99 feet to a point; thence South 71° 17' 00" West 121.49 feet to a point; thence South 77° 17' 30" West 441.68 feet to a point; thence North 88° 29' 00" West 186.08 feet to a point; thence South 80° 29' 30" West 160.35 feet to a point; thence leaving said Southerly right-of-way line of Arnerich Road the following courses and distances: South 00° 00' 00" West 254.19 feet to a point; thence North 76° 38' 00" East 383.47 feet to a point; thence South 68° 07' 20" East 136.30 feet to a point; thence South 36° 55' 00" East 173.30 feet to a point; thence South 10° 14' 00" East 289.90 feet to a point; thence North 49° 46' 00" East 145.00 feet to a point; thence North 71° 25' 00" East 92.64 feet to a point; thence South 69° 55' 24" East 144.85 feet to a point; thence North 17° 44' 00" East 151.10 feet to a point; thence North 59° 48' 35" East 303.01 feet to a point; thence South 53° 30' 00" East 44.28 feet to a point lying on the Easterly right-of-way line of Wagner Road; thence along said Easterly right-of-way line of Wagner Road the following courses and distances: South 36° 30' 00" West 59.84 feet to a point; thence South 00° 00' 00" East 60.44 feet to a point; thence South 07° 58' 30" East 59.67 feet to a point; thence South 02° 53' 30" East 247.20 feet to a point; thence Mason-Sulic, Inc. Revised April 25, 2005 Job No. 03-552 December 6, 2004 Page 2 of 3 Annexation to The Town of Los Gatos DESCRIPTION CONTINUED South 40° 35' 00" West 31.90 feet to a point; thence leaving said Easterly right-of-way line of Wagner Road the following courses and distances: South 00° 00' 00" West 431.35 feet to a point; thence South 89° 39' 00" West 1297.93 feet to a point; thence North 00° 00' 00" East 332.64 feet to a point; thence South 86° 54' 30" West 1307.63 feet to a point; thence North 00° 20' 56" West 628.24 feet to a point; thence South 88° 07' 57" East 227.97 feet to a point; thence North 05° 34' 31" West 436.75 feet to a point; thence South 89° 45' 16" West 194.59 feet to a point; thence North 00° 34' 09" West 50.00 feet to a point; thence South 89° 42' 16" West 505.02 feet to a point lying on said Westerly right-of-way line of Deer Park Road; thence along said Westerly right-of-way line of Deer Park Road and along a curve to the right having a radius of 240.00 feet through a central angle of 13° 01' 42" an arc distance of 54.57 feet to a point; thence South 04° 36' 20" West 47.24 feet to a point; thence along a tangent curve to the left having a radius of 45.00 feet through a central angle of 21° 11' 37" an arc distance of 16.65 feet to a point; thence leaving said Westerly right-of-way line of Deer Park Road South 73° 24' 45" West 457.93 feet to the POINT OF BEGINNING. Containing 79.0 acres of land, mare or less. END OF DESCRIPTION Mason-Sulic, Inc. Revised April 25, 2005 Job No. 03-552 December 6, 2004 Page 3 of 3 Annexation to The Town of Los Gatos a s ° ~. ° . ~~gaa SI$IHX~ ~ '~ ' ~~-~"~ SOUTH 43135 o _ _ Y p!. o ~ ! ~ 4' D m ~' ~ ~ HICKS RO AD ` ~ ~~` ~ Z ' • No' ` 2 i rn a Q'i z ~ 'pb L . S pp s ~ © e `9J, ~,. ,•O •~ pfi. ~ ~ c? ................. r ` .............. I v Z ~ ~ - O i y Op m ~ cp d. 'O ! O .~ '. . x ,.... ~ - ......... ^ .n~ en¢ w ~ o ~ ~ .~l m ~! np0 p y K 3 o ~ •s ~P ~ . U M . Z N ~ u) n •- Z • ~ n f o ~ ' p _ a v^ N "........., ,, ~' ~ o .. f U .., ~ :' N ~ 6 N S N 1 N n E ~ !'~ ,... oD N ro ~ i .. ~.. ..... 1~ ~ 'M o y a° d I m z ~: ' ..,, o ~ I r¢ ........... ~„ ,.... ~ ~ m ~ ~ ^ d z ,. z p , ., ° ~ ~inN o n: d o r F m~ F•1 NM ~ ,...... ~ ~].~~..,onM { , N b ~ MN y .ten z d 1 ~ W ~`~'Z a M ... ~ a M M Q o w N ^^ ~~ ,~Nm ~ ~ w ( -0 ~6L'bSZ < o m of i ~ o tiaa° Z N n 'J dd ~, ,~ wnos I 3aN '~V 002 ~ ~ .~',b9'ZF£ H1ilON.,~ ~I ~I m ° 1 900-11-L£9 N'd'V I "' ~_, . o .°n, ~ ~ w `~ d; a a a o ~ z ~ ~ NOS2Id.L~d rn i ~ Q ,~.* ,,., ~ H A M ~ M 'N M n b M^~ e n N ^ ~ ~1 ~ N /~~ iQ~~ t ~ O in Q w w w~ r~~ 3 w w~ A h ~ O M 0 0 0 0 W N ~ `~' l I "' ~ I~nZ Z ~ m. ' ~ Z i/j FG d ~ a ;~ J ~ , 5~ ~, ~' io in M° a 'll m " ' M v ~ J w ~ ° ~ k ~' FL + N i~ r r~ N n n O z z z ~n vi ~n in In vl vl °z ~ o ° v i i W ~ zz `r I u ' ~ i>' ~ /. ) ° a o , ~i ~m I ~ ^ P ~ II II ~ ~ d 0 `, ° ~ Q~ ~ ~ _,....... SO'33'26"E 1151.50" - """•~..., °¢p !z ~_~ x ~ ~ a 0 M N O a 0 N 1 UK mn ' Z ~ dN -1. W ~ O ° y ~ n (j~ zM mp a ~ _ N5'34'31"W 436.75' `^ p ~' d.- M ~ Z ~ ^ N n p ~ 597.41' N r,. O W i ~M i. n N Om~p M ~~ II w W Z ~' W Q O W Z ~ W O~ ~ J rn a (n ~ W W zo ~O ~° z s¢ a "..~~ ~ ~ ~ N ~ VI ~ Q ~~ r- ° ; a -- NO'20'S6"W 628:24' ~~ J LLj ~ Z ~.N f ~ h a ~ PO QO Q W nmN OMG ~ o ~ 1`` 1 v~ P~~ Q (n 1- 'n N° Jim c1 z'n ~ ~ m .- ; n 4 ~ J + M 0 . ~ ~ ~ O d • 11 W ."" in J N ~ ~ ~ v ~I W Q -~ 1- ,. ' ° n ~ >•J... ~ O Z O o O '~ N M N e ~ nnaw i.. ~ i°° II IL JI N i n •°o r+ N K ~ ~ m1p O~- 'N O N p N ~lM iY MR~~a W ~~ z K!1 ~I :. ~ ~_ U ~¢ O ¢ Z ~ ° ~ W ~ Q W ~ m ~ ~ W O Nz , a '~ ~ O Z Z .-1 i~ ~ g O a w ¢ o ~aJ ^ a n N a. ' T v ' Z~ 4 ~ a Nti N ~ n ° m 1 ~ ` ~ W O ~ O d o W p `~ N ' Q N d. d ~ ~ O ~ J " ° , ................... F m~ F a~ II Z O J N a O Z ......... '. ... ~ ~ O .., . ~ ~ ¢ O } 00 .., N fQ w O ¢ O Z a N o N . ~: 0. N o I ~p~ ~Zln ~ p Z Z la- ~ ~ ~ ~ ° bo iv ~'~a, ~ N N `'ro a ~l ICI n w Q z°Q~ I ono ~ Q ~ W O O 0] X W )M \ K N ~YZ Z O ~I ~~ fN Z 5 ~~o ~ J a \ z w ,~o~ Q !n ~ CO I- W Z Q \ I O ~ ~ ~ z _ I d a m W I Z ~ N J ~pv ! 1~3-nlY ._..~ _.. .......,,,w ~ O E " : LYN ~ O ~~, ~~ ~ O P ES y O ` ~ OSSOM V LLE Z H W S .~ ~~ .. MERR\ H I ~ ~ ~ ANNE z ABLE CLOVIS, ; ~ p ~ ~ z ~ ~ , m OS ~ ~ ? ~ z. - ~ .C ~ ~ ~ Y ~ ~ c7 ~ w w ~ "~ O (s ~ BL SSOM HILL O z ~ m ~ GR~ BELBL SSO = BELIArn ARGA VIST ~ f o ~ ~. FRANC /S°q wF m n Q OM \ ~ 0 l r ~ ~ MON P~ G ~ y SHA~y ~ m FLVA Z ~ ~ .ZINNIA eF~HAVEN ~ OANNA 537 27 047 A N N ~IX F<CRES1 qL OLL APN: 537-25-01.6 - - P : NT FLRIpGE F j Contract: 71123 Contract: 71:122 p ~ O ~~ fl-- \t~ . ,.~ F/G »..~: < ~ TS y~pRYA ~ .A W ~p,DERP ~.. °"°"d~~ e+ O O C'4tt` a ~,.•~ -o O~ ~ ~ SA N l ~y~W TA RO D/OUC q d l Mpq "` FORRESTER e =O K~~ y p*' f P ( EEF~p A ~P,p O SHAN,~O N\CKS ~ ~'* d v APN: 537.24-027 Remaining Years: 9 A { APN:-537-24-028 G ...,,.~",_....~4 ~ ~ Contraet:71123 `+ ~ GVgO i APN; 537-15-009 APN 53/ 1b 022 ~~ ~ _ '~ ~~ FS ~~~ gontract73139 Centfd(.t i4030 ~P~ APN: 537-15-040 NPNs 537-17-015, 018, 020 ~N~ Contracts 73159 APNs:'537-17-022, 024 Remaining Years: yYL} Contract: 88008 - Los Gatos Urban Service Area Proposed Agricultural Preserve Parcels proposed to be excluded from Ag Preserve ~°"'~'Q„ Urban Service Area Boundary The data used In these snaps were derived from many sources. While deemed reliable, the Planning Office assumes no 0 1,000 I , I Feet Looation Map ~o,~;~~~ ~" i~~,~ `vTi ~J Attachment 2 ARNERTCH ROAD NO. 1 LAND OWNER PROTEST EVALUATION N ~~° OWN SITE ADDRESS APN VALUE PRO- TEST PROTEST VALUE 1. 100 14270 Arnerich Rd 537-11-008 $ 313,306.00 2. 100 17501 Hicks Rd 527-11-011 $ 308,144.00 3. 50 17507 Hicks Rd 527-11-015 $ 264,955.50 4. 50 17507 Hicks Rd 527-11-015 $ 2:64,955.50 5. 50 14300 Arnerich Rd 537-11-017 $ 372.,296.50 6. 50 14300 Arnerich Rd 537-11-017 $ 372,296.50 7. 100 Arnerich Rd 537-11-018 $ 36,145.00 8. 50 143.20 Arnerich Rd 537-11-019 $ 271,131.50 9. 50 14320 Arnerich Rd 537-11-019 $ 271,131.50 10. 50 18001 Wagner Rd 537-11-02$ $ 1,278,256.00 11. 50 18001 Wagner Rd 537-11-028 $ 1,278,256.00 12. 100 Wagner Rd 537-11-029 $ 146,037.00 13. 100 Wagner Rd 537-11-031 $ 610,000.00 14. 50 14525 Deer Park Ct 537-12-004 $ 161,464.50 15. 50 14525 Deer Park Ct 537-12-004 $ 161,,464.50 16. 50 14520 Deer Park Ct 537-12-010 $ 253,727.00 1 $ 253,77.00 17. 50 14520 Deer Park Ct 537-12-010 $ 253,727.00 18. 50 14184 Shannon Rd 537-17-009 $ 675,378.00 19. 50 14184 Shannon Rd 537-17-009 $ 675,378.00 20. 100 Arnerich Rd 537-17-028 $ 18,777.00 21. 50 14155 Arnerich Rd 537-17-029 $ 9,939.50 22. 50 14155 Arnerich Rd 537-17-029 $ 9,939.50 23. 100 Arnerich Rd 537-17-030 $ 92,602.00 24. 50 14155 Arnerich Rd 537-17-031 $ 765,000:00 25. 50 14155 Arnerich Rd 537-17-031 $ 765,000.00 TOTALS: $ 9,b29,308.00 $ 253,727.00 Land Value Protest: 2.63% Land Owner Protest: 4.00% Voter Protest: 6.25% (1 out of 16) Prepared by. Senior Engineering Technician Attachment 3 N:\B&E\ANNEXATIONSWrnerich-01\Land Owner Protest Evaluation.xls Printed: 01/25/2006 2:57 PM