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2024-009 - Reorganizing Blackberry Hill No. 6RESOLUTION 2024-009 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED AS BLACKBERRY HILL ROAD NO. 06 APN: 532-25-011 APPROXIMATELY 2. 1 ACRES ANNEXATION APPLICATION: AN23-001 PROPERTY LOCATION: 15405 BLACKBERRY HILL ROAD PROPERTY OWNER/APPLICANT: MAURICE BREWSTER WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as Blackberry Hill Road No. 06 from Maurice Brewster; and WHEREAS, the property, is approximately 2.1 acres, located at 15405 Blackberry Hill Road, APN: 532-25-011, is contiguous to a Town boundary, and within the Town's Urban Service Area; and WHEREAS, no special districts would be affected by the proposal; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1453 in 1980 pre -zoning the subject territory with an HR-21/2 (Hillside Residential, 2% to 10 acres for each dwelling unit) 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 WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibits 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 1 of 4 Resolution 2024-009 February 20, 2024 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, the Town Council held a public hearing to hear any protests on February 20, 2024. NOW, THEREFORE, BE IT RESOLVED, that the that the Town Council of the Town of Los Gatos does as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Blackberry Hill Road No. 06, 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 2.1 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 1453 in 1980 pre -zoning the subject territory with an HR-2'A (Hillside Residential, 21/2 to 10 acres for each dwelling unit) 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; 2 of 4 Resolution 2024-009 February 20, 2024 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 area in which it would be difficult to provide 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 located within 300 feet of a Town boundary; 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 protests have been received; 4. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos; and 5. 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. 3 of 4 Resolution 2024-009 February 20, 2024 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of February 2024, by the following vote: COUNCIL MEMBERS: AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes, Mayor Mary Badame NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 0Z/20/20211 ATTEST: TOWN CLE•^ OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 4 of 4 Resolution 2024-009 February 20, 2024 EXHIBIT "A" BLACKBERRY HILL ROAD NO. 6 ANNEXATION TO THE CITY OF LOS GATOS GEOGRAPHIC DESCRIPTION SITUATE the County of Santa Clara, State of California, within Township 8, South Range 1 West, Mount Diablo Base and Meridian, and being the lands described in the Trust Transfer Grant Deed to Maurice Brewster and Rhonda Brewster, Trustees of the Brewster Family Revocable Trust, dated December 6, 2021, recorded on June 6, 2022, as Document Number 25314481, Official Records of Santa Clara County. BEGINNING on the Southerly line of the MIREVAL ROAD ANNEXATION NO. 2 at the Northwesterly corner of BLACKBERRY HILL ANNEXATION NO. 5 being the lands described in the Grant Deed from Ruth C.M. Young to John William Panighetti, recorded February 21, 1951, in book 2156 of Official Records, page 325, Santa Clara County records; Thence from said POINT OF BEGINNING, the following courses: 1) Along the Westerly line of said BLACKBERRY HILL ANNEXATION NO. 5; SOUTH 02°00'00" WEST, 390.68 feet to a point; 2) Continuing• along said Westerly line, SOUTH 02°00'00" WEST, 38.32 feet to an angle therein; 3) Leaving said Blackberry Hill Annexation line, SOUTH 80°13'00" WEST, 88.28 feet; 4) NORTH 89°37'00" WEST, 41.28 feet; 5) NORTH 89°37'00" WEST, 84.76 feet to a point on the Easterly line of EUGENIA WAY ANNEXATION NO. 2; 6) Along said Easterly line, NORTH 02°00'00" EAST, 53.91 feet; 7) Continuing along said Easterly line, NORTH 02°00'00" EAST, 390.68 feet to the Southwesterly corner of MIREVAL ROAD ANNEXATION NO. 2 8) Along the said Southerly line of Mireval Road Annexation No.2, SOUTH 89°37'00" EAST, 212.50 feet to the POINT OF BEGINNING. DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY, THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DERSCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED FOR TRANSFER, CONVEYANCE, SALE, OR ANY OTHER PURPOSES OTHER THAN THOSE RELATED TO THE ANNEXATION. ATTACHMENT 1 Vicinity Map ko wale) AN1 APN 532-25-085 2 4,7%. 7:--\kA No. 8307 �OF/ d/ _ „c DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DERSCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED FOR TRANSFER, CONVEYANCE, SALE, OR ANY OTHER PURPOSES OTHER THEN THOSE RELATED TO THE ANNEXATION. APN MIREVAL RD. ANNEXATION NO. 2 532-25-055 APN 532-25-054 (S89'37' 00"E) (212.50' ) Point of Beginning co co M W 1. 2. 3. 4. 5. 6. 7. 8. APN 532-25-011 Brewster Doc. No. 25314481 2.1 Acres. Courses: S2'00'00 "W, 390.68' S2'00'00 "W, 38.32' S80' 13'00 "W, 88.28' N89'37'00'W, 41.28' N89'37'00 "W, 84.76' N2'00'00 "E, 53.91' N2'00'00 "E, 390.68' S89'37'00"E, 212.50' © 1/ (53.91') (N2'00'00"E) 0 .� Q (N8_9'3; 7' 00" W) (4) �80' 13 00` (84.76') I(41.28') (88.28 ) APN 532-25-013j APN 532-25-012 '/8/423 EXHIBI1 "8" BLACKBERRY HILL ROAD NO. 6 PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS OF ASSESSOR'S PARCEL NUMBER 532-25-011 Scale 1" = 60' 11 /8/2023 77/H .(8d38)/3b'78 Scale I" = 60" APN 532-25-010 0 Z I o APN 532-25-009 20' Runt of Way 0 38. 32') (S 00' 00 TO LEGEND - - — Boundary of prop. annex Existing town limits — — — Other property line Rignt of way line Abandoned parcel line 0 60 120