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2016-006 - Approve the reorganization of Marchmont Dr No. 3 at 16684 Marchmont DrRESOLUTION 2016 -006 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS MARCHMONT DRIVE NO.3 PROPERTY LOCATED AT 16684 MARCHMONT DRIVE APPROXIMATELY 0.95 ACRES (APN: 532 -08 -005) ANNEXATION APPLICATION: AN15 -002 PROPERTY OWNER: HOWELL DEVELOPMENT & INVESTMENTS, INC. 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 0.95 acres located at 16684 Marchmont Drive (APN: 532 -08 -005), has been filed by Howell Development & Investments, Inc.; 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 a 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 Marchmont Drive No. 3, more particularly described in Exhibits A and B. I of 3 Resolution 2016 -006 March 1, 2016 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 0.95 acres and includes 0.67 acres of County street right -of -way. 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. 2of3 Resolution 2016 -006 March 1, 2016 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 1" day of March, 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steven Leonardis, Rob Rennie, Marico Sayoc, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: C OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ATTEST: �` CL ERK ADMINISTRATOR O THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: �W 34fp 3 of 3 Resolution 2016 -006 March 1, 2016 EXHIBIT "A" ANNEXATION TO THE TOWN OF LOS GATOS MARCHMONT DRIVE NO. 3 GEOGRAPHIC DESCRIPTION ALL THAT CERTAIN REAL PROPERTY, BEING LOT 23 AND A PORTION OF MARCHMONT DRIVE IN TRACT NUMBER 328, KENWOOD ACRES, RECORDED JUNE 25, 1946 IN BOOK 10 OF MAPS, PAGE 56, SANTA CLARA COUNTY RECORDS, SITUATE IN A PORTION OF THE RANCHO RINCONADA DE LOS GATOS, IN THE COUNTY OF SANTA CLARA. STATE OF CALIFORNIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERN CORNER OF SAID LOT ON THE TOWN OF LOS GATOS BOUNDARY BEING THE NORTHWESTERN CORNER OF THE EXISTING ANNEXATION ENTITLED " MARCHMONT DRIVE NO. 2 "; THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID LOT AND TOWN OF LOS GATOS BOUNDARY 1) SOUTH 13 °10'15" WEST 131.65 FEET TO THE SOUTHEASTERN CORNER OF SAID LOT BEING THE SOUTHWESTERN CORNER OF LAST SAID ANNEXATION AND FALLING ON THE NORTHERN BOUNDARY OF THE EXISTING ANNEXATION ENTITLED " KENNEDY ROAD NO. 1"; THENCE WESTERLY ALONG THE SOUTHERN LINE OF SAID LOT AND NORTHERN BOUNDARY OF LAST SAID ANNEXATION 2) NORTH 74° 21'45" WEST 32.36 FEET TO AN ANGLE POINT IN THE NORTHERN BOUNDARY OF LAST SAID ANNEXATION; THENCE LEAVING THE BOUNDARY OF LAST SAID ANNEXATION CONTINUING WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID LOT 3) NORTH 72° 44'56" WEST 65.89 FEET TO THE SOUTHWESTERN CORNER OF SAID LOT 23; THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID LOT 4) NORTH 16° 39'15" EAST 131.29 FEET TO THE NORTHWESTERN CORNER OF SAID LOT ON THE SOUTHERN LINE OF MARCHMONT DRIVE; THENCE WESTERLY ALONG THE SOUTHERN LINE OF MARCHMONT DRIVE 5) NORTH 73° 20' 45" WEST 305.53 FEET TO THE INTERSECTION WITH THE EASTERN BOUNDARY OF THE EXISTING ANNEXATION ENTITLED "ENGLEWOOD AVENUE NO. 7 "; THENCE LEAVING SAID SOUTHERN LINE NORTHERLY ALONG THE EASTERN BOUNDARY OF LAST SAID ANNEXATION 6) NORTH 16° 39'15" EAST 60.00 FEET TO THE INTERSECTION OF SAID EASTERN BOUNDARY WITH THE NORTHERN LINE OF MARCHMONT DRIVE; THENCE LEAVING SAID EASTERN BOUNDARY EASTERLY ALONG THE NORTHERN LINE OF MARCHMONT DRIVE 7) SOUTH 73° 20'45" EAST 406.05 TO THE BEGINNING OF A TANGENT CURVE; THENCE 8) EASTERLY ALONG SAID CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 40 31'00" AND ARC DISTANCE OF 47.30 FEET (CHORD DISTANCE OF 47.29 FEET) TO THE END OF THE CURVE, THENCE 9) SOUTH 77° 51'45" EAST 30.41 FEET; THENCE SOUTHERLY LEAVING SAID NORTHERN LINE 10) SOUTH 12° 08' 15" WEST 60.00 FEET TO THE NORTHEASTERN CORNER OF THE EXISTING ANNEXATION ENTITLED WARCHMONT DRIVE NO. 2" ON THE SOUTHERN LINE OF MARCHMONT DRIVE; THENCE WESTERLY ALONG SAID SOUTHERN LINE AND NORTHERN BOUNDARY OF LAST SAID ANNEXATION 11) NORTH 77° 51'45" WEST 30.41 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE 12) WESTERLY ALONG SAID CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 660.00 FEET THROUGH A CENTRAL ANGLE OF 4° 31'00" AN ARC DISTANCE OF 52.03 FEET (A CHORD DISTANCE OF 52.01 FEET) TO THE END OF THE CURVE; THENCE 13) NORTH 73° 20'45" WEST 10.28 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION CONTAINING 41,574 SQUARE FEET, 0.95 ACRES, 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 "B" attached hereto and made a part hereof. RLTAfdJD SVRL\ l0 ©i 00=10 i0/z -7/15 0® oQ =o 2 C) O o Qti'Y w Z 29. o., . N >3 �.. FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL DESCRIPTION AS DEFINED IN ThE SUBDIVISION MAP ACT AAD MAY NOT BE USED AS TbE BASIS FOR AN OFFER FOR SALE 6F THE LAND DESMISED. PORTION OF THE RANCHO RINCONADA DE LOS GATOS ? 44S F 44p6 0S `W (Sj Ovr LOT 47 TRACT NO.328 APN 532 -09 -042 POB - DRNf2 % BQ o° CD (TOWN OF LOS GATOS ° rN rip MARCHMONT DRIVE #3 o ;u ,v ANNEXATION �, 41, 574 SO FT h C)� q a 0.95 ACRES, +/- a Al ` zJG m.; :° " z SITE " LOT 23 ^ ~ TRACT NO.328 j KENWOOD ACRES : a 10 -M -56 n APN 532 -08 -005 LOT 18 TRACT NO.328 56`W(Sj �s, APN 532 -08 -052 LOCATION MAP N.T.S. TO N'�1ITS gS "W(2 Q TOPPING Il .� `INE) Wq y ti p ,k APN 532 -08 -061 ph (j2 s2 01, \ -- N73'20'45 "W 10.28' R3) (11) J C i TOWN OF LOS GATOS MARCHMONT DRIVE #2 z ANNEXATION = SCALE 11"=40' 0 40 80 rVI 1T 11TT u11n 0 M ,e z LEGEND BOUNDARY LINE OF PROPOSED ANNEXATION EXISTING TOWN OF LOS GATOS BOUNDARY TOWN OF LOS GATOS KENNEDY ROAD #1 ANNEXATION SCALE 1"-40' 1 JOB No, C -15145 DATE OCT. 27, 2015 1 INDEX SANTA CLARA CO. APN: 532 -08 -005 J,