1986-062-Making A Finding Regarding The Value Of Written Protests Filed And Not Withdrawn And Terminating The Annexation Of Certain Inhabited Territory Designated As Topping WayRESOLUTION NO. 1986 -62
A RESOLUTION MAKING A FINDING REGARDING THE VALUE
OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND
TERMINATING THE ANNEXATION OF CERTAIN INHABITED
TERRITORY DESIGNATED AS TOPPING WAY 41
TO THE TOWN OF LOS GATOS
WHEREAS, on February 18, 1986, the Town Council of the Town of Los Gatos by its
Resolution No. 1986 -18 initiated proceedings for the annexation of that certain
inhabited territory hereinafter designated as Topping Way #1 Annexation to the Town
of Los Gatos, and
WHEREAS, a public hearing to hear any protests against the annexation was held
at its meeting of March 17, 1986.
After holding a hearing in the manner described in Chapter 2 (commencing with
Section 57025) of Part 4 of the Government Code of the State of California, the Town
Council of the Town of Los Gatos finds and resolves:
1. The findings of the Town Council of the Town of Los Gatos in Resolution No.
1986 -18 are correct.
2. The unincorporated territory is within the Town's urban service area as
adopted by the Local Agency Formation Commission of Santa Clara County.
3. The County Surveyor has determined the boundaries of the proposal to be
definite and certain, and in compliance with the Local Agency Formation
Commission of Santa Clara County annexation policies.
4. The proposal does not split lines of assessment or ownership.
S. The proposed annexation does not create islands or areas in which it would
be difficult to provide municipal services.
6. The proposal is consistent with the Town's adopted general plan.
7. The territory is contiguous to existing Town limits.
8. The territory is "Inhabited" as defined in Section 56046 of the Government
Code of the State of California.
9. The reason for the proposed annexation is to properly plan and provide
municipal services to the area which is contiguous to the Town.
10. The project is categorically exempt from the provisions of CEQA, California
Administrative Code, Section #15319 (a) and (b).
11. Written protests filed and not withdrawn constitute more than 50% of the
registered voters within the territory and more than 25% of the owners of
land who own more than 25% of the total assessed value of the land within
the territory to be annexed.
12. Pursuant to the provisions of Section 57075 of the Government Code of the
State of California, the annexation to the Town of Los Gatos of that
certain inhabited territory designated as Topping Way #1 Annexation, and
described in real property description and map attached hereto marked
Exhibits "A" and "B", respectively, is terminated, and the territory is not
annexed to the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on 5th day of May —1 1986 by the following
vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson,
Thomas J. Ferrito, Brent N. Ventura, Mayor TeEL=2- J. Daily__
MW
0
FANUM
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
SIGNED:
None
None
-2-
EXHIBIT "A"
TOWN OF LOS GATOS
TOPPING WAY #1
ANNEXATION DESCRIPTION
All that certain real property situated in the County of Santa Clara,
State of California described as follows:
Beginning at a point on the westerly right -of -way line of Englewood Avenue,
said point also being on the southerly line of that certain annexation to
the Town of Los Gatos entitled Englewood Avenue #1 Annexation (248); thence
proceeding along the southerly line of said Englewood Avenue #1 Annexation
South 780 14' East 50.66 feet to the easterly right -of -way line of said
Englewood Avenue; thence continuing along said right -of -way line and the
line of said annexation South 20° 31' West 80.00 feet; thence leaving said
right -of -way line and continuing along the most southerly line of said
annexation South 78° 41' East 275.84 feet to the southeasterly corner of
said annexation; thence leaving the southerly boundary line of said
Englewood Avenue #1 Annexation (248) the following courses and distances:
South 197 40' West 79.82 feet; thence
South 77° 34' 15" East 874.45 feet
to the northwesterly corner of that certain annexation to the Town of Los
Gatos entitled "Country School Annexation" (26), said point being on the
westerly right -of -way line of Hilow Road 50 feet wide; thence along the
westerly boundary of last said annexation and along the westerly
right -of -way tine of said Hilow Road
South 5° 48' 15" West 329.79 feet;
thence leaving the boundary line of said "Country School Annexation" (26)
and the right -of -way line of said Hilow Road along the following courses
and distances:
North 77" 34' 15" West, 930.36 feet; thence
North 737 20' 45" Wes;:, 303.32 feet; thence
South 337 18' West, 40.00 feet; thence
North 65` 34' 43" West, 92.23 feet
to a point on the easterly right -of -way line of Englewood Avenue 50'
wide, thence leaving last said right -of -way line at right angles to said
right -of -way line
North 57° 49' West 50.00 feet more or less
to a point on the westerly right -of -way line of Englewood Avenue, thence
along said right -of -way line
North 32° 11' East 33.01 feet
to a point on a curve breaking to the right with a central angle of 2'
10' and a radius of 1536.36 feet through an arc length of 57.93 feet;
thence leaving last said right -of -way line
North 78' 41' West, 89.76 feet; thence
North 33' 26' East, 98.45 feet
to a point on the southerly right -of -way line of Loma Street 40 feet
wide; thence leaving said right -of -way line at right angles to said
right -of -way line to a point on the northerly right -of -way line of said
Loma Street; thence along said northerly right -of -way line of said Loma
Street
South
78'
16' East
65.92 feet;
thence leaving
said right -of -way line
North
330
26' East
98.00 feet; thence
South
78`
14' East
40.00 feet more or less
to a point on
the
westerly right -of -way
line of Englewood Avenue; thence
North
20°
31' East
160.00 feet
to the point
of beginning.
Containing 10.8 acres more or less.
fS ROA D
Existing limits of wLOW 329TSi the Town of Los 4$15^ Gatos as establish- °
ed by Country
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School annexation
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LEGEND
Existing Town Limits
Boundary of proposed
annexation
Right -of -way lines
---- - - - - -- Property lines
(248)
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EXHIBIT °'B°
PROPOSED ANNEXATION TO
THE
APP
TOWN OF
LOS GATOS
TOWN
E GINE R.C.E.# 25156
TOPPING WAY -* I