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2020-004 - Making Determinatons and Approving the Reorganization of El Gato Lane No 4 at 15763 El Gato LnRESOLUTION 2020-004 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY AREA DESIGNATED AS EL GATO LANE NO. 4 APN: 523-27-040 APPROXIMATELY 0.49 ACRES ANNEXATION APPLICATION: AN19-004 PROPERTY LOCATION: 15765 EL GATO LANE PROPERTY OWNER/APPLICANT: ED PEARSON WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated El Gato Lane No. 4 from Ed Pearson; and WHEREAS, the property, approximately 0.49 acres and includes 0.194 acres of County street right-of-way located at 15765 El Gato Lane, APN: 523-27-040, is within 300 feet of a Town maintained roadway and within the Town's Urban Service Area; and WHEREAS, the following special district would be affected by the proposal: Santa Clara County Lighting Service Area; and Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1267 in 1975 pre -zoning the subject territory with an R-1:8 (single-family residential, 8,000 square foot minimum lot size) zoning designation; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and 1of4 Resolution 2020-004 March 3, 2020 WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibit A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this 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; and NOW, THEREFORE, BE IT RESOLVED, that 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 El Gato Lane No. 4, 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 0.49 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; 2 of 4 Resolution 2020-004 March 3, 2020 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 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 within 300 feet of a Town maintained raodway; and 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 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 Lighting Service Area and Santa Clara County Library Service Area; and 3 of 4 Resolution 2020-004 March 3, 2020 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 3rd day of March 2020, by the following vote: COUNCIL MEMBERS: AYES: Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: None ABSENT: None ABSTAIN: None ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: (.Q/ ((.p /19,0a.D 4 of 4 SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: v� i /U Resolution 2020-004 March 3, 2020 EXHIBIT "A" EL GATO LANE NO. 4 ANNEXATION TO THE TOWN OF LOS GATOS, CALIFORNIA GEOGRAPHIC DESCRIPTION ALL THAT CERTAIN REAL PROPERTY, SITUATED IN A PORTION OF RANCHO RINCONADA DE LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING LOT 33, ALSO BEING EL GATO LANE (50 FEET WIDE) LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF ESCOBAR AVENUE (60 FEET WIDE) AS SHOWN ON THAT MAP ENTITLED "TRACT NO 1168, EL GATO TERRACE", FILED MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE EASTERLY LINE OF EL GATO LANE AT THE SOUTHWEST CORNER OF LOT 25 OF SAID MAP, ALSO BEING ON THE EXISTING TOWN OF LOS GATOS LIMIT ESTABLISHED BY EL GATO LANE NO. 3 ANNEXATION; (1) THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 12'26'15" EAST 44.15 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY; (2) THENCE ALONG SAID CURVE AND BEING THE RIGHT OF WAY OF EL GATO LANE AS SHOWN ON SAID MAP FROM WHICH A RADIAL LINE BEARS NORTH 77°33'45" EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTERAL ANGLE OF 35°39'08", AN ARC LENGTH OF 24.89 FEET TO A POINT OF REVERSE CURVATURE CONCAVE SOUTHWESTERLY; (3) THENCE ALONG SAID CURVE AND BEING THE RIGHT OF WAY OF EL GATO LANE AS SHOWN ON SAID MAP FROM WHICH A RADIAL LINE BEARS SOUTH 41°54'37" WEST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTERAL ANGLE OF 251°16'07", AN ARC LENGTH OF 175.42 FEET TO A POINT OF REVERSE CURVATURE CONCAVE NORTHWESTERLY; (4) THENCE ALONG SAID CURVE FROM WHICH A RADIAL LINE BEARS NOTH 66°49'17" WEST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTERAL ANGLE OF 35°39'08", AN ARC LENGTH OF 24.89 FEET; (5) THENCE ALONG THE WESTERLY RIGHT OF WAY OF SAID EL GATO LANE (50 FEET WIDE) NORTH 12°26'15" WEST 28.61 FEET TO THE SOUTHEASTERLY CORNER OF LOT 33 AS SHOWN ON SAID TRACT NO. 1168; (6) THENCE ALONG THE SOUTHERLY LINE OF LOT 33 SOUTH 77°33'45" WEST 153.97 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 33; (7) THENCE ALONG THE WESTERLY LINE OF SAID LOT 33 NORTH 12°26'15" WEST 55.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 33; Page 1 of 3 (8) THENCE ALONG THE NORTHERLY LINE OF SAID LOT33 SOUTH 77°33'45" EAST 153.97 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 33, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF EL GATO LANE; (9) THENCE ALONG SAID WESTERLY RIGHT OF WAY NORTH 12°26'15" WEST 40.00 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY; (10)THENCE ALONG SAID CURVE FROM WHICH A RADIAL LINE BEARS SOUTH 77°33'45" WEST, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTERAL ANGLE OF 90°00'00", AN ARC LENGTH OF 31.42 FEET TO THE SOUTHERLY RIGHT OF WAY OF ESCOBAR AVENUE (60 FEET WIDE); (11)THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 77°33'45" EAST 47.91 FEET; (12)THENCE NORTH 66°33'45" EAST 39.04 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY; (13)THENCE ALONG SAID CURVE FROM WHICH A RADIAL LINE BEARS SOUTH 23°26'15" EAST, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTERAL ANGLE OF 79°00'40", AN ARC LENGTH OF 27.58 FEET TO SAID EASTERLY RIGHT OF WAY OF EL GATO LANE; (14)THENCE ALONG SAID EASTERLY RIGHT OF WAY SOUTH 12°26'15" EAST 87.26 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 21,386 SQUARE FEET OF LAND, MORE OR LESS EXHIBIT B IS ATTACHED HERETO AND MADE A PART HEREOF 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. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. PAGE 2 OF 3 ESCOBAR AVENUE (60' R/W) N / I'33'45"L If u) 0 K1 0 AREA CALCULATIONS o i-- LOT 33 = 8,468 SO. I. T / S66'33'45'W- i. '� EL GATO LANE = 12,918 SO. FT. +/- .- 1 1...„......_„....../ a (11) 02) -a D Irm- --_ S2.3'26'15'E(R) ›-0 tOn L(13) za err CV 25' —S77'33'06"W(R) 00z ('1 APN 523-27-049 - ' o ,APN 523-27-039 (10)- 1.25' 40. 00'(9) —11L N77'33'15"E 153.97'(8; 1 LANDS OF PEARSON TR. DOC. 24213753 APN 523-27-040 N77'3345E 153.97'!6; in z` APN 523-27-041.^ :,4 N66.4 9.1 7"W(R)-/' APN 523-27-042 AP 051 523, 2� . LIJ EL GATO LANE (50' R/W) (3) co 1 3CJ J DO LOS CAWS / APN 523-27-048 O 11.4 lME THIS ANNEXATION PL T TAX ASSESSMENT -1 ONLY I HE OF LAND IS N ! IN I. MAP ACT AND MAY AS - LAN P_O.B. APN 523-27-047 fo a APN 523-27 Gn a 10 a10 0 of 046 z 1 o� p45 APN 523-2 • L a x 2 a z,c1 m a ESCOBAR ry / I TT( PRC(JECPT-\\2''-:- SITc VICINTY MAP NOT SCALE LEGEND — EXISTING TOWN OF L GAIOS DARY LINE ANNEXED BOUNDARY LINE PER DOCUMENT THIS DOCUMENT TO THE TOWN POINT OF BEGINNING ANNEX: LEGAL ANNEXATION COURSES PER LEGAL DESCRIPTION COURSE RECORD RECORD RECORD NUMBER ;LENGTH LENGTH RADIUS RADIUS DELTA DELTA 175.42' 175.45'(R1) 4000' 0 4C. 1) 79'00'4 " 05 (R) '(R1 ) DISTANCE M-1 BEARING 4 IN N66'33' SHEET 3 OF 3 DRAWN BY: RAM DATE: 12-30-2019 APPROVED BY: RAM FILENAME: EL GATO #4 (EXHIBIT B - EL GATO LANE NO. 4 PLAT FOR ANNEXATION PURPOSES 15765 EL GATO LANE, LOS GATOS SANTA CLARA COUNTY, CALIFORNIA SMP ENGINEERS CIVIL ENGINEERS -LAND SURvEYORS 1534 Corob Lone Las Altos. 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