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2012-050 - Approving the reorganization of territory designated Mireval Road No. 4, a 3.33 acre area consisting of two parcels pre-zoned HR-5. APNs 532-25-023 and 025. Annexation Application AN12-002.RESOLUTION 2012 -050 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MIREVAL ROAD NO. 4 APPROXIMATELY 3.3 ACRES LOCATED AT 17560 MIREVAL ROAD APNs 532 -25 -023 and 532 -25 -025 ANNEXATION APPLICATION: AN -12 -002 PROPERTY OWNER: HEYNING CHENG 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 3.3 acres located at 17560 Mireval Road (APNs 532 -25 -023 and 532 -25 -025), has been filed by Heyning Cheng; 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 conducting 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: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Mireval Road No. 4, more particularly described in Exhibits A and B; I 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately 3.3 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 25 years ago pre- zoning the subject territory with an HR -5 (Hillside Residential, five to 40 acres per dwelling unit) 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 will not create an island, and will facilitate provision of efficient municipal services. h. That the proposed annexation does not split lines of assessment or ownership. That the proposed annexation is consistent with the Town's General Plan. j. That the territory to be annexed is contiguous to a Town boundary. 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 all owners of land within the affected territory have provided written consent to the reorganization and no subject agency has submitted written opposition to a waiver of protest proceedings. 2 BE IT FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest proceedings. BE IT FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory described in Exhibits A and B will be annexed to the Town of Los Gatos and 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 special meeting of the Town Council of the Town of Los Gatos, California, held on the 22th day of August, 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: /_ \: ir.11110 SIGNED: MA OR OF THE TO N OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: jwkw-"�- CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 EXHIBIT 'A' ANNEXATION TO THE TOWN OF LOS GATOS MIREVAL ROAD NO.4 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being all of that certain parcel designated "TRACT ONE: PARCEL ONE:" and all of that certain parcel designated'TRACT TWO; PARCEL ONE:" as said parcels are described in the Grant Deed from Carol J. Tomlinson and Carol J. Tomlinson, Trustee of The Tomlinson Merger Trust U!A/D 12/12/08 to Heyning A. Cheng, a single man recorded on April 27, 2012 as Document No. 21641331 of Official Records, Santa Clara County records; being a part of the northeast quarter of Section 27, Township 8 South, Range 1 West, Mount Diablo Meridian, more particularly described as follows: BEGINNING at the southeast corner of that certain annexation entitled "Mireval Road No. 2" Annexation to the Town of Los Gatos, said point being the southwesterly corner of said "TRACT TWO: PARCEL ONE:" parcel; Thence along the general easterly line of said "Mireval Road No. 2 ", (1) North 620 17' 00" West, 59.05 feet; Thence (2) North 68° 43' 00" West, 33.60 feet; Thence (3) North 04° 43' 00" West, 179,23 feet to a southeasterly corner of said "TRACT ONE: PARCEL ONE:" parcel; Thence (4) North 57° 03' 00" West, 6136 feet; Thence (5) North 790 06' 00" West, 37.77 feet; Thence (6) South 79° 43' 00" West, 43.25 feet; Thence (7) North 75" 51' 00" West, 61.95 feet to a point on the centerline of Mireval Road, 30 feet wide as shown on the Record of Survey Map filed in Book 178 of Maps at Page 4, said Santa Clara County records; Thence continuing along the general easterly line of said "Mireval Road No. 2 ", being the centerline of Mireval Road, (8) North 42° 32' 30" East, 25,19 feet; Thence (9) North 13° 17'00" East, 166.11 feet; Thence (10) North 330 52' 00" East, 29.52 feet; Thence (11) North 67° 08' 00" East, 24.74 feet to the southwest corner of that certain annexation to the Town of Los Gatos entitled " MIREVAL ROAD NO. 1 ANNEXATION "; F.KMIT A Thence leaving said "Mireval Road No. 2" annexation, along the general southerly line of said "MIREVAL ROAD NO. 1 ANNEXATION" (12) North 67° 08'00" East, 9.62 feet; Thence (13) South 84° 45' 00" East, 31.00 feet; Thence (14) South 68° 55' 00" East, 43.25 feet; Thence (15) South 560 23' 00" East, 84.93 feet; Thence (16) South 75° 16' 00" East, 73.94 feet; Thence (17) South 680 15' 00" East, 94.24 feet to the most northerly corner of said "TRACT TWO: PARCEL ONE" parcel; Thence leaving said "MIREVAL ROAD NO. 1 ANNEXATION" boundary, along the general easterly and southerly line of said "TRACT TWO: PARCEL ONE" boundary, (18) South 56'24'00" East, 58.42 feet; Thence (19) South 26° 19' 00" East, 73.55 feet; Thence (20) South 01" 27' 00" East, 74.02 feet; Thence (21) South 00° 6600" West, 195.34 feet; Thence (22) North 890 37'000 West, 194.95 feet to the POINT OF BEGINNING and containing 3,326 acres of land, more or less. END OF DESCRIPTION For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described. Kristina D. Comerer, PLS 6766 Rev. Date: ? -I is6MI `` 20h DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. 1 EXISTING EXISTING TOWN OF LOS GATOS TOWN OF LOS GATOS MIREVAL ROAD NO, 1 SANTA MIREVAL ROAD NO. 2I ANNEXATION 56'23'00" ESCALE: ANNEXATION _ EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS MIREVAL ROAD NO. 4 LYING WITHIN UNINCORPORATED AREA OF CLARA COUNTY, CALIFORNIA i" = 100' MAY 2012 8 17'iO 4.92)751 ©' 73.94(@ /Q �S 75'13910" \ Ji 73.91) 68`15' @0 E �S 68'11 2 E R�q 9.27) 1 APN: 532 -25 -025 % ° MI LANES 05 CHENG 2 DOC: HO. 21641331 rr 30 TRACT ON9 lb � PARCEL ONE' Q© @ l\ PROPOSED ANNEXATION LO TION MAP AREA =3.326 ACRES C ; 532 -25 -023 ES OP' CHEND C NO 21641331 TRACT TYPO ARCEL ONE 4, q , l- . 33.60.@. N0, BEARING DISTANCE L1 N57'03'00 "W 61.76 L2 N79'06'00 "W 37.77 L3 S79`43'00"W 43.25 L4 N75'51'00"W 61.95 L5 N42'32'30 "E 25.19 L6 N33`52'00 "E 29.52 L7 N67'O8'0O "E 24.74 L8 N67'OEI'OD "E 9.62 L9 S8445'00 "E 31.00 L10 S68'55'00 "E 43,25 L11 S56'24'00 "E 56.42 L12 S26'19'00 "E 73.55 113 S01'27'00 "E 74.02 94.24@ APN: 532 -25 -026 La em Erpj 301 n 00 �1 �OPaAt ® w v, �o KRISTINA D. COMERER PLS 5766 REV. DATE: 7 a Jh N �\ \POINT OF 0 194.95 BEGINNING NE 1/4 S. 27> T. 8 S., R. 1 W., .MDM N 6217'00" W LEGEND 59.05 O BOUNDARY LINE OF PROPOSED ANNEXATION — — — EXISTING TOWN OF LOS GATOS BOUNDARY ( ) RECORD PER MIREVAL ROAD NO. 1 ANNEXATION ((N67'09130 "E 9.62 CROSS LAND SURVEYING, INC. (S84'44'10 "E 31.01 2210 MT. PLEASANT ROAD (S68`50'40 "E 43.28) OL SAN JOSE, CA 95148 or (408), 274 -7994 PROJECT NO, 12 -25