2015-009 - Approve Reorganization of 16741 Loma Street Loma Street No. 4RESOLUTION 2015 -009
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS
LOMA STREET NO.4
APPROXIMATELY 0.115 ACRE
LOCATED AT 16741 LOMA STREET
APN: 532 -07 -002
ANNEXATION APPLICATION: AN -14 -007
PROPERTY OWNER: ANDY KWITOWSKI, MATTERHORN ENTERPRISES, LLC
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
0.115 acre located at 16741 Loma Street (APN 532 -07 -002), has been filed by Andy Kwitowski,
Matterhorn Enterprises, LLC; 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 Lomas Street No. 4, more particularly described in
Exhibits A and B;
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. Said territory is uninhabited and comprises approximately 0.115 acre.
b. 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 the California Environmental Quality Act (CEQA) under
Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA
Section 15061(b)(3): Review for Exemption.
d. The Town Council enacted Ordinance 1268 in 1975 pre - zoning the subject territory
with an R -1:8 (single - family residential, 8,000 - square foot minimum lot size) zoning
designation.
e. The territory is within the Town's Urban Service Area as adopted by the Local
Agency Formation Commission of Santa Clara County.
f. 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. The proposed annexation will not create an island, and will facilitate provision of
efficient municipal services.
h. The proposed annexation does not split lines of assessment or ownership.
i. The proposed annexation is consistent with the Town's General Plan.
j. The territory to be annexed is contiguous to a Town boundary.
k. 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.
4. Pursuant to Section 56663(c) the Town waives protest proceedings.
5. That upon completion of these reorganization proceedings the territory described in Exhibit
A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara
County Library Service Area.
6. 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 3d day of March, 2015, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV\RES0S\2015U.o=StrcetNo 4- RmIdocx
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
LOMA STREET NO, 4
GEOGRAPHIC DESCRIPTION
All that certain property situated in the Unincorporated Area of the County of
Santa Clara, State of California, being a portion of the Rancho Rinconada De Los
Gatos, more particularly described as follows:
Commencing at the most southeasterly corner of that certain annexation to the
Town of Los Gatos known as Loma Street No. 3, said comer also lying on the
northerly line of Loma Street (40 feet wide); thence along said northerly line
South 78 016'00" East 170.00 feet to the True Point of Beginning, said point
lying on the northerly line of that certain annexation to said Town known as Ferris
Avenue No. 6;
Thence, leaving said northerly line (1) North 27 048'23" East 94.76 feet to a point
on the southerly line of that certain annexation to said Town known as
Englewood Avenue No. 5;
Thence, along said southerly line (2) South 78 016'00" East 60.00 feet to a point;
Thence, leaving said southerly line (3) South 33 °26'00" West 98.00 feet to a
point on said northerly line of said Loma Street and of said Ferris Avenue No. 6;
Thence, along said northerly line (4) North 78 016'00" West 50.00 feet to the True
Point of Beginning.
Containing 0.115 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 Nap Act and may not be used as a
basis for an offer for sale of the land described.
John ! . King
P.L.S. 6809 ��0 � Revision Date
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LEGEND
- DENOTES LOT LINE
- DENOTES OLD ANNEXATION BOUNDARY
• DENOTES NEW ANNEXATION BOUNDARY
DENOTES TOWN / COUNTY BOUNDARY
DENOTES POINT OF COMMENCEMENT
DENOTES TRUE POINT OF BEGINNING 1
DINOTES'CALCULATED'
DENOTES ANNEXATION AREA
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DISCLAMER 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
kS THE BASIS FOR AN OFFER FOR SALE OF THE
-AND DESCRIBED.
BAGOYE& RING, INCORPORATED
PROFESSIONAL LAND SURVEYORS
P.O. BOX 1288 - GILROY, CA., 95021
TEL (408) 847 0233
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EXHIBIT T'
PROPOSED ANNEXATION TO THE
TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
BEING A PORTION OF THE
RANCHO RINCONADA DE LOS GATOS
LOMA STREET NO.4
REVISION DATE: I Z' Zq - 14- SCALE: 1"= 40'
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EXHIBIT T'
PROPOSED ANNEXATION TO THE
TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
BEING A PORTION OF THE
RANCHO RINCONADA DE LOS GATOS
LOMA STREET NO.4
REVISION DATE: I Z' Zq - 14- SCALE: 1"= 40'
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