2018-013 - Make The Determinations & Approve The Reorganization Of Linda Avenue No. 5 located At 15933 Linda AveRESOLUTION 2018 -013
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS
LINDA AVENUE NO. 5
APN: 523 -25 -023
APPROXIMATELY 0.21 ACRES
ANNEXATION APPLICATION: AN18 -001
PROPERTY LOCATION: 15933 LINDA AVENUE
PROPERTY OWNER /APPLICANT: SARA SEYEDIN
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
0.21 acres located at 15933 Linda Avenue (APN: 523 -25 -023), has been filed by Sara Seyedin;
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 56662(a) provides that if a petition for annexation
is signed by all owners of land within the affected territory, the territory is uninhabited, and no
affected local agency has submitted a written demand for notice and hearing during the (10)
ten -day period, the Town Council may approve or disapprove the annexation without a public
hearing; and
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Resolution 2018 -013 April 17, 2018
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 Linda Avenue No.S, 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 0.21 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 1267 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.
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Resolution 2018 -013 April 17, 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 request for notice and hearing.
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 17th day of April, 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 OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: I l g
ATTEST:
CLERK ADM�OR OFTHE OWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: g
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Resolution 2018 -013 April 17, 2018
EXHIBIT "A"
LINDA AVENUE NO. 5
ANNEXATION TO TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
That portion of Lot 5 of Tract No. 344 as shown on the map filed November 24, 1947 in Book 15
of Maps at Page 3 in the Recorder's Office of County of Santa Clara in the State of California
lying within RANCHO RINCONADA DE LOS GATOS as described in the deed to Pauline F. Sprock
dated October 12, 2016 filed as Document No. 23461531 in said County Recorder's Office
described as follows:
Beginning at a point on the Southwesterly right -of -way of Linda Avenue (60' wide) at the corner
common to Lots 4 and 5 as shown on said map; said point being on the existing Los Gatos Town
Limits as established by Linda Avenue No. 2 Annexation;
Thence (1) leaving said right -of -way along the line common to said Lots 4 and 5 and along the
existing town limits South 68 013'00" West 171.23 feet to the most Southerly corner of Lot 5;
Thence (2) leaving said town limits and along the Westerly line of said Lot 5 North 22 °00'00"
West 53.21 feet to the most Easterly corner of the parcel of land described in the deed to
Mission Way Partners. et al filed as Document No. 19892364 in the Recorder's Office of said
County and State said corner also being an angle point in the existing town limits as established
by Linda Avenue No. 3 Annexation;
Thence (3) along said town limits and said Westerly line of Lot 5 North 22 °00'00" West 14.81 to
the most Westerly corner of said Sprock parcel;
Thence (4) leaving said town limits along the Northerly line of said Sprock parcel North
68 °13'00" East 171.48 feet to the Westerly right -of -way of Linda Avenue and existing town
limits established by said Linda Avenue No. 2 Annexation;
Thence (5) along said right -of -way and town limits South 21 °47'00" East 68.00 feet to the Point
of beginning and containing 0.21 acres of land more or less.
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 PIV
land described.'
DOUG S(1
Kenneth D. Wilson
W
Y
Licensed Land Surveyor- LS 5571 Revised: 03/01/2018 No. 5571
EXHIBIT A
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