1990-010-Making A Finding Regarding The Value Of Written Protests Filed And Not Withdrawn And Ordering The Annexation Of Certain Uninhabited Territory Designated As Blackberry HillRESOLUTION 1990 - 10
RESOLUTION OF THE TOWN OF LOS GATOS MAKING A FINDING REGARDING THE
VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN
AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS BLACKBERRY HILL # 4
TO THE TOWN OF LOS GATOS
WHEREAS, on August 9, 1989, the Local Agency Formation Commission of the
County of Santa Clara, State of California, pursuant to a petition signed by the owners of
land within the territory to be annexed, approved the annexation of that hereinafter
described area, designated as Blackberry Hill # 4 to the Town of Los Gatos and, by their
Resolution No. 89 -12, directed the Town Council of the Town of Los Gatos to initiate
proceeding to annex said territory with notice and hearing, in the manner described in
Section 56837 of the Government Code of the State of California, and made the following
findings:
1. The project is categorically exempt from CEQA Class #15061(b)(3).
2. The territory is "Uninhabited as defined in Section 56046 of the Government
Code of the State of California.
3. Application of the restrictions imposed by Government Code Section 56109
would not be detrimental to the orderly development of the Community.
WHEREAS, on October 2, 1989, the Town Council of the Town of Los Gatos by
its Resolution No. 1989 -179 initiated proceeding for the annexation of than certain
uninhabited territory hereinafter designated as BLACKBERRY HILL #4 Annexation to
the Town of Los Gatos and set a public hearing to hear any protests against the annexation
for its meeting of November 6, 1989.
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 findi. of the Local Agency Formation C. _.emission of the County of
Santa Clara County in Resolution No. 89 -12 are correct.
2. The findings of the Town Council of the Town of Los Gatos in Resolution No.
1989 -179 are correct.
3. The unincorporated territory is outside the Town's Urban Service Area as adopted
by the Local Agency Formation Commission of Santa Clara County.
4. 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.
5. The proposal does not split lines of assessment or ownership.
6. The proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services.
7. The proposal is consistent with the Town's adopted general plan.
8. The territory is contiguous to existing Town limits.
9. The territory is 'Uninhabited' as defined in Section 56046 of the Government Code
of the State of California.
10. The reason for the proposed annexation is to properly plan and provide
municipal services to the area which is contiguous to the Town.
11. The project is categorically exempt from the provisions of CEQA, California
Administrative Code, Section #15319 (a) and (b).
12. Written protests filed and not withdrawn constitute less than 25% of the
registered voters within the territory and less than 25% of the owners of land
who own less than 25% of the total assessed value of the land within the
territory to be annexed.
13. 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
uninhabited territory designated as BLACKBERRY HILL #4 Annexation,
and described in real property description and map attached hereto marked
Exhibits "A" and 'B ", respectively, is approved, and the territory is hereby
ordered annexed to the Town of Los Gatos.
14. Upon completion of these annexation proceedings, the territory annexed will
be taxed at Town of Los Gatos Tax Rate A, including taxes for existing
bonded indebtedness.
2
15. The Tow_ —'lerk is hereby directed, pursuant the provisions of Section
57200 of the Government Code to prepare under seal a certified copy of this
resolution, giving the date of passage, and immediately transmit the copy
along with a remittance to cover the fees required by Section 54902.5 of the
Government Code to the Executive Officer of the Local Agency Formation
Commission of Santa Clara County.
BE IT FURTHER RESOLVED that Resolution No. 1989 -207 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 16th day of January, 1990, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton
Brent N. Ventura, Mayor Thomas J. Ferrito
NAYES: None
ABSENT: None
ABSTAIN: Eric D. Carlson
SIGNED:
MAYOR OF
LOS GATOS,
ATTEST:
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
9
OF LOS GATOS
EXHIBIT "A"
. NY
TOWN OF IDS GATOS
BLACKBERRY HILL M4
All that certain real property situated in the County of Santa Clara, State
of California, described as follows:
Beginning at a point on the line dividing Section 26 and 27
in Township 8 South, Range 1 West. M.D.B. and M, S 1* 53' 30" W
1387.45 feet from a 1 1/2 -inch iron pipe set at the common corner
for Sections 22, 23, 26 and 27 of Township 8 South, Range 1 West,
said Point of Beginning also being on the Easterly boundary of that
certain annexation to the Town of Los Gatos entitled "Kennedy Road
85 (103) "; thence continuing along said annexation and the line
dividing said Sections 26 and 27. S 1* 58' 30" W 1310.79 feet to a
1 1/2 -inch iron pipe set at the 1/4 Section corner for said Section
27; thence leaving said Kennedy Road N5 Annexation the following
courses and distances:
N 87'
54'
12"
W
1.566.38
feet;
thence
N 1*
58'
30"
E
1,021.97
feet;.thence
N 56*
10'
20"
E
70.77
feet;
thence
N 27*
43'
20"
E
117.40
feet;
thence
N 53*
59'
50"
E
43.50
feet;
thence
S 58'
06'
40"
E
134.65
feet;
thence
S 86'
23'
10"
E
41.79
feet;
thence
N 58'
15'
50"
E
77.76
feet;
thence
N 45*
42'
30"
E
126.55
feet;
thence
N 65°
47'
30"
E
130.55
feet;
thence
N 66.
07'
30"
E
141.20
feet;
thence
S 63'
27'
00"
E
63.05
feet;
thence
South
71.37
feet:
thence
N 89'
31'
37"
E
834.00
feet
to the Point of Beginning.
Containing 45.191 acres sore or less
A.P.N.'s: 532 -25 -051
532 -25 -029
EN02:REPORTS \BLACKHIL
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Exhibit "B "
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—1/4 Section Corner
Existing Town Boundary
Annexation Area
LINE TABLE
(666)" County Annexation Number
1.
N 56' 10' 20' E
70.77 ft.
2.
N 270 43'20" E
117.40 ft.
3.
N 530 59'50" E
43.50 ft.
4.
S 58' 06' 40" E
134.65 ft.
5.
S 860 23' 10" E
41.79 ft.
6.
N 58` 15' 50" E
77.76 ft.
7.
N 45' 42: 30' E
126.55 ft.
8.
N 65' 47' 30" E
130.55 ft.
9.
N 66- 07' 30' E
141.20 ft.
10.
S 6T 27' 00' E
63.05 ft.
11.
SOUTH
71.37 ft.
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Exhibit "B "
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