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2014-011 - Approve Reorginazation of Shady View Lane No. 1 16505 Shady View LnRESOLUTION 2014 -011 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED SHADY VIEW LANE NO. 1 APPROXIMATELY .41 ACRES LOCATED AT 16505 SHADY VIEW LANE APN: 532 -03 -016 ANNEXATION APPLICATION: AN -14 -001 PROPERTY OWNER: ROBERT AND JENNIFER FRIESS 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 .41 acres located at 16505 Shady View Lane (APN 532 -03 -016), has been filed by Robert and Jennifer Friess; 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 if 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 Shady View Lane 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 uninhabited and comprises approximately .41 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 R -1:8 (single family residential, 8,000 sq. ft. minimum lot size) 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. i. 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. 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 regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17`h day of March, 2014, by the following vote: COUNCIL MEMBERS: AYES:Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steve Leonardis NAYS: ABSENT: ABSTAIN: Z20R OF 'THE O ATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Shady View Lane No. 1 EXHIBIT "A" GEOGRAPHIC DESCRIPTION ANNEXATION TO THE TOWN OF LOS GATOS SHADY VIEW LANE NO.1 All that certain real property situated in the County of Santa Clara, State of California, being a part of Rancho Rinconada De Los Gatos, more particularly described as follows: Beginning at the most Northwesterly corner of annexation to the Town of Los Gatos entitled "Country School Annexation ", said point being at the intersection of the Westerly right of way line of Hilow Road (60 feet wide and the Northerly boundary line of Kenwood Acres, Tract 328, recorded in Book 10 of Maps, at Page 56, Santa Clara county Records; Thence along the Town limit established by "Country School Annexation" South 78 Degrees 40 Minutes 30 Seconds East a length of 160.28 feet to the true point of beginning: Thence (1) leaving said Town limit along the Westerly boundary of Tract 791 and Lot 16, recorded in Book 40 of Maps at Page 33 Santa Clara County Records North 19 Degrees 40 Minutes 00 Seconds East a length of 108.32 feet; Thence (2) leaving said tract boundary and continuing along said lot North 74 Degrees 20 Minutes 07 Seconds East a length of 148.59 feet to the Westerly right of way line of Shady View; Thence (3) 54.60 feet along a non - tangent curve to the left, said curve having a radius of 55.00 feet, a delta 56 Degrees 52 Minutes 39 Seconds and radial bearing South 89 Degrees 36 Minutes 55 Seconds East; Thence (4) leaving said right of way line South 47 Degrees 27 Minutes 13 Seconds West a length of 166.02 feet to Northerly Town limit established by "Country School Annexation "; Thence (5) along said Town Limit North 78 Degrees 41 Minutes 30 Seconds West a length of 83.47 feet to the true point of beginning. Containing 0.41 acres more or less. 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 on offer for sale of the land described" Revised 1 -21 -14 Sip LAND Sly BgB�CC' No. 4953 �Vn 9n -� LAND VICINITY MAP J APN 532 -03 -016 LOT 16, TRACT 791 S 89'36 O � _..y;..� ...�9.8g' V (5) LEGEND <CS7 16p.L8r° 41'30•w ® PROPERTY LINE 78° 40'30'E ®"-®® 83.47' ® CENTERLINE — - — - — EXISTING TOWN LIMIT ®' LIMIT OF ANNEXATION 3 EX. LIMIT ®® o PER OF TO POINT OF BEGINNING P.O.B. i0R0 +NAN UN ET NO. S� O OF L OS GA OOTNRUE POINT OF BEBINNING T.P.0.8. BEING A PART OF RANCHO AREA WITHIN ANNEXATION 0.41 ACRES. 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." EXHIBIT PROPOSED ANNEXATION TO TOWN OF LOS GATOS SHADY VIEW LANE ANNEXATION NO. 1 (DATE: 12 -11 -2013 IJOB. NO. 2013 -163 1 IBY: HARRY BABICKA I REVISED: 1 -21 -14 1 WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA