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2018-009 - Make The Determinations And Approve The Reorganization Of Uninhabited Territory Designated As Hilow Rd No. 9 Located At 16466 Hilow RdRESOLUTION 2018 -009 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS HILOW ROAD NO. 9 APN: 532 -04 -074 APPROXIMATELY 0.27 ACRES ANNEXATION APPLICATION: AN17 -007 PROPERTY LOCATION: 16466 HILOW ROAD PROPERTY OWNER /APPLICANT: MELANIE GRISWOLD DEMERTZIS 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 0.27 acres located at 16466 Hilow Road (APN: 532 -04 -074), has been filed by Melanie Griswold Demertzis; 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. lof3 Resolution 2018 -009 March 20, 2018 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 Hilow Road No. 9, 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 0.27 acres. 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 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. 2 of 3 Resolution 2018 -009 March 20, 2018 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 56662(a) 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 20th day of March, 2018, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED- MAYOR ����✓��' izl✓"� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA i ATTEST: CLERK ADMINIST TO�p HE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA = -A � 3 of 3 Resolution 2018 -009 March 20, 2018 Q►:�:1�: y _. ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION All that certain real property situate in the County of Santa Clara, State of California, being a portion of Rancho Rinconada De Los Gatos, more particularly described as follows: ALL of Lot 3 as shown on that certain Map entitled "Tract No 1016" filed for record on March 30, 1954 in Book 48 of Maps at Page 31, Santa Clara County Records, being more particularly described as follows: BEGINNING at the northerly corner of said Lot 3, said corner being a point on the southeasterly right -of -way of Hilow Road (60' wide) and on the existing Los Gatos town limit as established by the annexation entitled " Hilow Road No. f " Thence leaving said right -of -way and town limit, along the exterior lot lines of said Lot 3. the following three (3) courses and distances: 1. South 70 °19'55" East, 172.07feet; 2. South 19 °40'00" West, 67.00 feet; 3. North 70 °19'55" West, 172.07 feet to a point on said southeasterly right -of- way and town limit. Thence along said right -of -way and town limit, North 19040105" East, 67.00 feet to the Point of Beginning. Containing 0.265 Acres, more or less. As shown on EXHIBIT "B" attached hereto and by this reference made a pan hereof. Date 23 (44' '?f)l b BARBER 9097 \\,6 :: OW For assessment purposes only. This description of land is not a legal property desc-?IjjCC`as defined in the Subdivision Map Act and maynot be used as the basis for an offer for sale of the land described. Geographic Description was prepared for GKM Engineering. Job No At 70522 Page rat EXHIBIT A HILOW AVENUE (60' WIDE) 4 N 19 °40'05" E _ POINT OF `— EXISTING TOWN LIMIT AS BEGINNING ESTABLISHED BY HILOW ROAD No.1 o TRACT No. 1016 o LOT 2 N r n LOT 4 LOT 3 [48 M 311 0.265± ACRES � o APN: 532 -04 -074 w � m _m 0 o n n N Z ANNEXATION AREA = 0.265 ACRES± I I LOCATION MAP N01 TO SC.AtF TRACT No. 791 [40 M 331 LEGEND PROPOSED ANNEXATION BOUNDARY �- EXISTING LOS GATOS TOWN LIMIT - — — — — — — — - DISCLAIMER, 'FOR ASSESSMENT PURPOSES ONLY THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDINSION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.' [IF1490 BEING A PORTION OF RANCHO RINCONADA DE LOS GATOS Date: I j 1 7/2018 EXHIBIT B Scale: I"= 40' HILOW ROAD No.9 61(NI Engineering I,g Job No. A170522 d CIVIL ENGINEERING- SURVEYING•1,AND PLANNING SVRVEYING, Inc. Sheet No. 236 N Sam" Gui Ave. SWm.2080 (,IM656591) L0r Ga1, Ca 95x32 713N... o (925,3 -Wfi1 . Tracy, CA 95Y3a 2 OF 2 EXHIBIT B