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2024-044 - Revised Resolution Rescinding Resolution 2024-041 and Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as El Gato Lane No. 06RESOLUTION 2024-044 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2024-041 AND MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED AS EL GATO LANE NO. 06 APN: 523-22-007 APPROXIMATELY 0.563 ACRES ANNEXATION APPLICATION: AN24-001 PROPERTY LOCATION: 15575 EL GATO LANE PROPERTY OWNERS: SAI KIRAN GARIMELLA AND RENU SUSHMA KOLLI APPLICANT: BARZIN KEYHANKHADIV WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as El Gato Lane No. 06 from Sai Kiran Garimella and Renu Sushma Kolli; and WHEREAS, the property, is approximately 0.187 acres and includes 0.376 acres of County street right-of-way (El Gato Lane) for a total of 0.563 acres, located at 15575 El Gato Lane, APN: 523-22-007, is within 300 feet of a Town boundary, and within the Town's Urban Service Area; and WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Lighting 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 a 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 1 of 5 Resolution 2024-044 August 20, 2024 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 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 June 18, 2024. WHEREAS, Resolution 2024-041 indicates that the Santa Clara County Lighting Service Area will be affected by the annexation, but does not resolve that the territory will be detached from the Santa Clara County Lighting Service Area; WHEREAS, the Local Agency Formation Commission stated that the Resolution should include detachment from the Santa Clara County Lighting Service Area as part of the action items. NOW, THEREFORE, BE IT RESOLVED, that the that the Town Council of the Town of Los Gatos does as follows: 1. That it rescinds Resolution 2024-041 and replaces it with this Resolution; 2 of 5 Resolution 2024-044 August 20, 2024 2. 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. 06, more particularly described in Exhibits A and B; 3. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.563 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 pre -zoning the subject territory with a 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 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. 4. That all owners of land within the affected territory have provided written consent to the reorganization and no protests have been received; 3 of 5 Resolution 2024-044 August 20, 2024 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 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. 4 of 5 Resolution 2024-044 August 20, 2024 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20T" day of August 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 ATTEST: TOWN CORK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 5 of 5 SIGNED: THE TOWN OF LOS GATOS OS, CALIFORNIA Resolution 2024-044 August 20, 2024 EXHIBIT A EL GATO LANE NO.6 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION DESCRIBED REAL PROPERTY IN THE RANCHO RINCONADA DE LOS GATOS, UNINCORPORATED AREA OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: ALL OF LOT 52 AND A PORTION OF EL GATO LANE AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 1168 EL GATO TERRACE," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 56; AS SHOWN THAT CERTAIN MAP ENTITLED, "TRACT NO. 1168 EL GATO TERRACE," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13; POINT OF BEGINNING ALSO LIES ON THE SOUTHERLY LINE OF EL GATO LANE NO. 1 ANNEXATION; THENCE, (1) SOUTH 77° 33' 45" WEST, 60.00 FEET TO THE EASTERLY LINE OF EL GATO LANE. THENCE, (2) ALONG THE EASTERLY LINE OF EL GATO LANE, SOUTH 12° 26' 15" EAST, 273.00 FEET ; THENCE, (3) SOUTH 77° 33' 45" WEST, 60.00 FEET TO THE WESTERLY LINE OF EL GATO LANE ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 52; THENCE, (4) ALONG THE SOUTHERLY LINE OF SAID LOT 52, SOUTH 77° 33' 45" WEST, 149.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 52; THENCE, (5) ALONG THE WESTERLY LINE OF SAID LOT 52, NORTH 12° 26' 15" WEST, 54.60 FEET TO THE NORTHWEST CORNER OF SAID LOT 52; THENCE, (6) ALONG THE NORTHERLY LINE OF SAID LOT 52, NORTH 77° 33' 45" EAST, 149.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 52; THENCE, (7) ALONG THE WESTERLY LINE OF EL GATO AVENUE, NORTH 12° 26' 15" WEST, 218.40 FEET TO THE POINT OF BEGINNING. CONTAINING 24,515 SQUARE FEET, MORE OR LESS. DISCLAIMER.' FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOTA LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBD/VIS/ONMAPACTAND MAY NOT BE USED ASA BASIS FOR AND OFFER FOR SALE OF THE LAND DESCRIBED. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. 3-28-2024 1,e)-t;';( #e;12/' e�l9O�00000°°�� f OF CAL�F��\a 41r,--',11Poth'elL PAGE 1 OF 2 EXHIBIT A LOS GATOS ALMADEN RD 3AV VONl7 ESCOBAR AVE. EXHIBIT B COURSES: 1 NORTH 77' 33' 45" EAST, 60.00' 2 SOUTH 12' 26' 15" EAST, 273.00' 3 SOUTH 77 33' 45" WEST, 60.00' 4 SOUTH 77 33' 45" WEST, 149.00' 5 NORTH 12' 26' 15" WEST, 54.60' 6 NORTH 77 33' 45" EAST, 149.00' 7 NORTH 12' 26' 15" WEST, 218.40' AREA:24,515 SQUARE FEET 0.563 ACRES LOT GATOS TOWN LIMITS EL GATO LANE NO. 1 N 77°33'45 "E POINT OF BEGINNING APN: 523-22- 041 GRAPHIC SCALE 40 0 20 40 IMMMUlammIMMI ( 1N FEET ) 1 inch = 40 ft. 1"=40' APN: 523-22-006 149.00' LOT 56 LOT 55 10 sco N LOT 54 LOT 53 10 'CO N N 77°33'45 "E LOT 52 48 MAPS 13 15575 EL GATO LANE LOS GATOS APN: 523-22-007 S77°33'45 "W 0 fa .H M N EL GATO LANE NO. 2 0 0 0 r— 24,515 SQ. FT. O CN S77°33'45"W DISCLAIMER: 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 A BASIS FOR AND OFFER FOR SALE OF THE LAND DESCRIBED. 149.00 LEGEND DESCRIBED AREA ADJOINING LOT UNES SHEET 2 OF 2 e"sl9If OF *NN 3-28-2024 a $�O laa 4,64 414Povet_ 0 Qo 0 cn zo OJ R W � O OQ �p QQ coo zz WCO EXHIBIT B