07 Staff Report - Arnerich Road No. 1"
DATE:
COUNCIL AGENDA REPORT '
November 22,2005
MEETING DATE:12/5/05
ITEM NO.1
TO:
FROM:
SUBJECT:
TOWN MANAGER
CONSIDER ADOPTING OLUTION INITIATING THE
REORGANIZATION OF THE INHABITED TERRITORY KNOWN AS
ARNERICH ROAD NO.1 TO THE TOWN OF LOS GATOS,SETTING THE
MATTER FOR A HEARING ON JANUARY 17,2006,AND DIRECTING
MAILING,POSTING AND PUBLISHING OF NOTICES OF THE HEARING.
RECOMMENDATION:
Adopt resolution initiating the reorganization of Arnerich Road No.1 to the Town of Los Gatos,as
described and shown on attached Exhibits A and B of Attachment 1,setting the matter for hearing
on January 17,2006,and directing mailing,posting and publishing of notices of the hearing.
BACKGROUND:
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives
the cities in Santa Clara County the authority to annex territory without application to and hearing
by the Santa Clara County Local Agency Formation Commission (LAFCO).The process is initiated
by the Town after the property owners file an annexation petition.This act also requires us to hold
a "protest proceeding"if the area proposed for annexation is inhabited,even if all of the property
owners have consented to the annexation.This first meeting and resolution sets the date for the
protest proceeding (public hearing).
The final action by the Town Council is called a "reorganization"because,in addition to annexing
to the Town,the property must be detached from the Santa Clara County Library Service Area
service,since those services will be provided by the Town when the annexation is complete.
¥-{~
PREPARED BY:OHN E.CURTIS
irector of Parks and Public Works
Reviewed by:~Assistant Town Manager __Attorney __Clerk Administrator __
Finance~Community Development __Revised:11/22/05 3:27 pm
RefOrmatted.5130102 N.\B&EICOONClL REPORISlAhhex-Arneud'1-11111lJare.wpd
PAGE 2
MAYOR AND TOWN COUNCll..,
SUBJECT:ARNERICH ROAD NO.1 REORGANIZATION
November 22,2005
DISCUSSION:
The annexation territory is within the Town's Urban Services Area (USA)boundary,and is pre-
zoned HR-20 (20 to 160 acres per dwelling unit).This area encompasses 79 acres of land and
contains 16 parcels.All of the property owners and registered voters have signed the petition for
annexation (Attachment 2).The annexation territory is at the far southeasterly edge of the Town's
USA boundary.Unless the boundary were to be adjusted,no additional annexations can take place
southerly of this area.
The initiating process announces the intention of the Town to annex territory and provides for
noticing of affected residents by publishing,posting and mailing notices.The notice of intention to
annex territory is delivered a minimum of 15 days in advance of the hearing.The hearing must be
no sooner than 30 days and no more than 45 days from the date of the resolution initiating the
proceedings.
Prior to and at the hearing,property owners have an opportunity to protest the annexation.This
annexation,which may be considered "inhabited"by Section 56046 of the California Government
Code,may require an election.("Inhabited"is defined as 12 or more registered voters.)In an
"inhabited"annexation,the property owners and the registered voters have an opportunity to protest
the annexation.If more than 25%of the registered voters or property owners who own more that
25%of the assessed valuation of the property file a written protest of the annexation prior to the
close of the public hearing,the annexation an election will be required.
ENVIRONMENTAL ASSESSMENTS:
Reorganization of the subject property is exempt from the California Environmental Quality Act
Guidelines,pursuant to Section 15319(a).
CONCLUSION:
Annexation of this area to the Town of Los Gatos is the best way to provide high quality services
to the residents of the areas and allow them a full voice in local government.
FISCAL IMPACT:
The following fees are assessed by Santa Clara County,LAFCO and the State Board of Equalization,
and wfll paid by the annexation petitioners:
N:\B&E\COUNCIL REPORTS\Annex-Arnerich-1 Initiate.wpd
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT:ARNERICH ROAD NO.1 REORGANIZATION
November 22,2005
Map,Legal Description and Guideline Checking Fees $2,000.00 (paid)
LAFCO Processing Fee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . ...670.00 (due)
State Board of Equalization Fee 1,500.00 (due)
The chief petitioner has paid annexation fees to the Town of $400.00,plus a computer service fee
of $16.00 and a microfiching fee of $75.00
If the reorganization approved,once it is certified by the State Board of Equalization,the Town will
receive approximately nine percent (9%)of the property taxes.
ATTACHMENTS:
1.Resolution Ordering the Reorganization of Certain Inhabited Territory Designated as Arnerich
Road No.1 to the Town of Los Gatos
A.Description of Arnerich Road No.1 Annexation
B.Map to accompany description
2.Petition for Annexation to the Town of Los Gatos
DISTRIBUTION:
Neelima Palacherla,Executive Officer,Santa Clara County Local Agency Formation Commission,
County Government Center,East Wing,70 W.Hedding Street,11 th Floor,San Jose,CA 95110
Michael Lopez,Interim Director,Environmental Resources Agency,County Government Center,
East Wing,7th Floor,70 W.Hedding Street,San Jose,CA 95110
Gay Strand,Manager for Administrative Services,County Library Service Area,14600 Winchester
Blvd,Los Gatos,CA 95032
Ed T.Pearson,239 Thurston St.,Los Gatos,CA 95030
N:\B&E\COUNCIL REPORTS\Annex-Arnerich-1 Initiate.wpd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
INITIATING PROCEEDING FOR THE
REORGANIZATION OF CERTAIN
INHABITED TERRITORY DESIGNATED AS
ARNERICH ROAD NO.1
TO THE
TOWN OF LOS GATOS
WHEREAS,the Town of Los Gatos desires to provide municipal services to all
residents with its Urban Service Area boundary,and
WHEREAS,the proposed annexation to the Town of Los Gatos consisting of all that
unincorporated territory known as Arnerich Road No.1,located along Arnerich Road and a
portion of Deer Park Road in the County of Santa Clara is proposed for annexation to the Town
of Los Gatos pursuant to Division 3,commencing with Section 56000 et seq.of the Government
Code;and
WHEREAS,it appears to the satisfaction of the Town Council that some of the owners
of land included in said proposal desire to annex to the Town of Los Gatos in order to receive
municipal services.
NOW,THEREFORE,the Town Council of the Town of Los Gatos of the County of
Santa Clara DOES HEREBY RESOLVE,DETERMINE and ORDER as follows:
1.The Town of Los Gatos is the conducting authority and hereby initiates
annexation proceeding pursuant to Section 56757 of the Government Code.
Proceedings of the Los Gatos Town Council will be held pursuant to Section
57000 et.seq.
N:\B&E\COUNClL REPORTS\Annex-Arnerich-l Initiate.wpd
ATTACHMENT 1
1
2.The territory proposed to be annexed is designated as Arnerich Road NO.1
Annexation,and the boundaries are described in the real property description and
map attached hereto marked Exhibits "A"and "B",respectively.
3.The territory proposed to be annexed is inhabited as define by Section 56046 of
the Government Code of the State of California.
4.The reason for the proposed annexation is to properly plan and provide municipal
service to the area which is contiguous to the Town.
5.A hearing will be held on January 17,2006,at a meeting of the Town Council
beginning at 7:00 p.m., in the Council Chambers of the Civic Center,110 East
Main Street,Los Gatos,California,during which the Town Council will hear
protests against the annexation.
6.Since the territory is inhabited,the law provides that any owner of land within the
territory or any registered voter residing within the territory may file a written
protest against the annexation with the Town Clerk at any time prior to the
conclusion of the Town Council's hearing on the proposed annexation.
7.The Town Council has determined that the annexation is Categorically Exempt
from the provision CEQA,California Administrative Code Section 15319(a)and
(b).
FURTHER RESOLVED:The Town Clerk is directed to cause notice of the hearing on
the proposed annexation to be given as provide in Section 57025 and Sections 56150-56159 of
the Government Code,and said notice shall include all the information specified in Section
57025 of the Government Code.
N :\B&E\COUNCIL REPORTS\Annex-Arnerich-l Initiate.wpd 2
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 5th day
of December 2005,by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
N :\B&E\COUNCIL REPORTS\Annex-Arnerich-l Initiate.wpd
3
TOWN OF LOS GATOS
ANNEXATION ARNERICH ROAD NO.1
EXHIBIT "A"
DESCRIPTION
All that certain real property situate in the Unincorporated Area of the County of Santa Clara,State of California,
more particularly described as follows:
BEGINNING at the most Southwesterly Corner of Lot 7 as shown on that certain map entitled,"Tract 5502",filed
for record March 28,1980 in Book 461 of Maps at pages 16,17 and 18,Santa Clara County Records,and as
corrected by that certain Certificate of Correction recorded April 23,1981 in Book G 042 at page 726,Santa
Clara County Official Records;said point also lying on the most Easterly Line of that certain annexation to the
Town of Los Gatos known as Deer Park Road No.1;thence
from the POINT OF BEGININNG in a northeasterly direction and along said Easterly Line of the Deer Park Road
No.1 annexation the following courses and distances:
North 10°36'08"East 208.06 feet to a point;thence
North 61°27'32"West 232.48 feet to a point lying on the right-of-way line of Deer Park Court;thence along said
right-of-way line of Deer Park Court the following courses and distances:
along a curve to the left having a radius of 42.00 feet through a central angle of 11 °30'12"an arc distance of
8.43 feet to a point;thence
along a reverse curve to the right having a radius of 42.00 feet through a central angle of 116°02'46"an arc
distance of 85.07 feet to a point;thence
leaving said Easterly Line of the Deer Park Road No.1 annexation and continuing along said Deer Park Court
right-of-way the following courses and distances:
continuing along a curve to the right having a radius of 42.00 feet through a central angle of 125°57'35"an arc
distance of 92.33 feet to a point;thence
along a reverse curve to the left having a radius of 42.00 feet through a central angle of 31 °00'10"an arc
distance of 22.73 feet to a point;thence
North 70°36'20"East 375.10 feet to a point;thence
along a tangent curve to the left having a radius of 20.00 feet through a central angle of 91 °00'36"an arc
distance of 31.77 feet to a point lying on the Westerly right-of-way line of Deer Park Road;thence
North 70°36'20"East 60.00 feet to a point lying on the Easterly right-of-way line of Deer Park Road;thence
along said Easterly right-of-way line of Deer Park Road and along a curve to the left having a radius of 370;00
feet through a central angle of 07°19;03"an arc distance of 47.26 feet to a point;thence leaving said Easterly
right-of-way line of Deer Park Road the following courses and distances:
North 62°16'42"East 29.1 0 feet to a point;thence
along a tangent curve to the right having a radius of 75.00 feet through a central angle of 35°25'01"an arc
distance of 46.36 feet to a point;thence
South 82°18'17"East 36.50 feet to a point;thence
along a tangent curve to the left having a radius of 75.00 feet through a central angle of 14°39'30"an arc
distance of 19.19 feet to a point;thence
North 83°02'13"East 133.70 feet to a point;thence
along a tangent curve to the left having a radius of 500.00 feet through a central angle of 11°29'48"an arc
distance of 100.33 feet to a point;thence .
North 71 °32'25"East 137.85 feet to a point;thence
along a tangent curve to the left having a radius of 50.00 feet through a central angle of 64°00'00"an arc
distance of 55.85 feet to a point;thence
.North 07°32'25"East 182.30 feet to a point;thence
along a tangent curve to the left having a radius of 50.00 feet through a central angle of 19°13'04"an arc
distance of 16.77 feet to a point;thence
Mason-Sulic,Inc.
Job No.03-552
Page 1 of 3
Revised April 25,2005
December 6,2004
Annexation to The Town of Los Gatos
DESCRIPTION CONTINUED
North 89 0 32'25"East 123.66 feet to a point;thence
North 00 0 33'26"West 597.41 f~et to a point;thence
South 800 15'00"East 475.20 feet to a point;thence
South 800 45'00"East 32.07 feet to a point;thence
South 000 33'26"East 1151.50 feet to a point;thence
North 890 45'16"East 826.70 feet to a point;thence
North 000 00'00"East 44.00 feet to a point;thence
North 890 30'DO"East 239.38 feet to a point;thence
North 440 26'49"East 42.39 feet to a point;thence
North 890 30'DO"East 100.00 feet to a point;thence
South 000 00'00"West 74.00 feet to a point;thence
North 890 30'00"East 187.08 feet to a point;thence
South 000 00'00"West 37.14 feet to a point lying on the Northerly right-of-way line of Arnerich Road;thence
along said Northerly right-of-way line of Arnerich Road the following courses and distances:
North 77°iT 3D"East 288.77 feet to a point;thence
South 31 0 33'55"East 3.34 feet to a point;thence
North 000 30'00"West 10.56 feet to a point;thence
North 71 0 iT 00"East 138.50 feet to a point;thence
along a tangent curve to the left having a radius of 100.00 feet through a central angle of 470 00'20"an arc
distance of 82.04 feet to a point;thence
North 240 16'40"East 116.05 feet to a point;thence leaving said Northerly right-of-way line of Arnerich Road
South 31 0 35'04"East 60.41 feet to a point lying on the Southerly right-of-way line of Arnerich Road;thence
along said Southerly right-of-way line of Arnerich Road the following courses and distances:
South 240 16'40"West 73.41 feet to a point;thence
South 08 0 32'00"West 31.49 feet to a point;thence
along a curve to the right having a radius of 160.00 feet through a central angle of 390 15'40"an arc distance of
109.64 feet to a point;thence
South 71 °iT 00"West 57.22 feet to a point;thence
.South 8So 30'00"West 31.99 feet to a point;thence
South 71 0 iT 00"West 121.49 feet to a point;thence
South 770 iT 30"West 441.68 feet to a point;thence
North 880 29'00"West 186.08 feet to a point;thence
South 800 29'30"West 160.35 feet to a point;thence leaving said Southerly right-of-way line of Arnerich Road
the following courses and distances:
South 00 0 00'00"West 254.19 feet to a point;thence
North 76 0 38'00"East 383.47 feet to a point;thence
South 68 0 01'20"East 136.30 feet to a point;thence
South 360 55'00"East 173.30 feet to a point;thence
South 100 14'00"East 289.90 feet to a point;thence
North 49 0 46'00"East 145.00 feet to a point;thence
North 71 0 25'00"East 92.64 feet to a point;thence
South 690 55'24"East 144.85 feet to a point;thence
North 170 44'00"East 151.10 feet to a point;thence
North 5S o 48'35"East 303.01 feet to a point;thence
South 53 0 30'00"East 44.28 feet to a point lying on the Easterly right-of-way line of Wagner Road;thence along
said Easterly right-of-way line of Wagner Road the following courses and distances:
South 360 30'00"West 59.84 feet to a point;thence
South 00 0 00'00"East 60.44 feet to a point;thence
South 07 0 58'3D"East 59.67 feet to a point;thence
South 020 53'30"East 247.20 feet to a point;thence
l
I
Mason-Sulic,Inc.
Job No.03-552
Page 20f3
Revised April 25,2005
December 6,2004
Annexation to The Town of Los Gatos
DESCRIPTION CONTINUED
South 400 35'00"West 31.90 feet to a point;thence leaving said Easterly right-of-way line of Wagner Road the
following courses and distances:
South 00 0 00'00"West 431.35 feet to a point;thence
South 89 0 39'00"West 1297.93 feet to a point;thence
North 00 0 00'00"East 332.64 feet to a point;thence
South 86 0 54'30"West 1307.63 feet to a point;thence
North 000 20'56"West 628.24 feet to a point;thence
South 88 0 07'57"East 227.97 feet to a point;thence
North 05 0 34'31"West 436.75 feet to a point;thence
South 890 45'16"West 194.59 feet to a point;thence
North 00 0 34'09"West 50.00 feet to a point;thence
South 89 0 42'16"West 505.02 feet to a point lying on said Westerly right-of-way line of Deer Park Road;thence
along said Westerly right-of-way line of Deer Park Road and along a curve to the right having a radius of 240.00
feet through a central angle of 130 01'42"an arc distance of 54.57 feet to a point;thence
South 040 36'20"West 47.24 feet to a point;thence
along a tangent curve to the left having a radius of 45.00 feet through a central angle of 21 0 11'37"an arc
distance of 16.65 feet to a point;thence leaving said Westerly right-of-way line of Deer Park Road
South 73 0 24'45"West 457.93 feet to the POINT OF BEGINNING.
Containing 79.0 acres of land,more or less.
END OF DESCRIPTION
~
I
Mason·Sulic,Inc.
Job No.03·552
Page 3 013
Revised April 25,2005
December 6,2004
Annexation to The Town 01 Los Gatos
Y,O.
'S40'35'OO"W
31.90'
"".S02'S3'30"E
247.20'
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A.P,N.537-11-026
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CIVIL &DESIGN COtlSUlTANTS.INC.
1D2l Ih&J.krnf4rl,9.o1e lt~5clII J.11~CA..95126 Ph:4OIIf.l4HW fm:~C8f.ln-6m
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S 89'39'OO'W 1.297.93'
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A.P.N.537-11-017
5.41 Ac.Net
NORTH 44.00'·
N89'45'16"E 826.70'
VANBIJLEVELT
A.P.N.537-17-029
A.P.N.537-17-031
PEARSON N80~?300.~~·"EN~~o.OO,
AP.N.537-17-028 N44'26'49"E 42.39'.A.P·~:6531;1~;,O_30__~N"'6"-9·30·00"E 239.38\
COURSES DATA
CD N24'16'40"E 116.05'
eY N71'17'00"E 138.50'
@ N77'17'30'E 288.77'
8)S71'17'00'W 121.49'
®S89'30'00"W 31.99'
®S71'17'00'W 57.22'
0 S06'32'00"W 31.49'
®S24'16'40'W 73.41'.._....-
®S31"35'04"E 60.41'
@ S31'33'55"E 3.34'
(jJ)NOO'30'OO'W 10.56''.
CURVE DATA
""\.R=100.00·6~47'00'20"L=82.04'
R=160,OO'6=39'15'40"
.
L=109.64
WEITZMAN
A.P.N.537-11-018
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A.P.N.537-11-019
15.70 Ac.Net
BEHL
A.P.N.537-17-009
13.67 Ac.Ne~
,..L---~~~---.771,,··
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PLAN
SCALE:1 "=300'
N89'32'25"E 123.66'
R=50'.
.6=19'13'04"....
L=16.77'"j
R=50'
""64'00'00"
L=55.";85'-'__~-':>"=Il'1"""-"I
ACRES79.0
S82'18'17"E 36.50'"'''.
R=75·........•..•....".\
""35'25'01"""'"
L~46.36
N62'16'42"E 29.10'
R=370·........
""7'19'03"
L=47.26'
N70'36'O"E 60'.00'..•
R=42·..·····...
1
.6.=116'02'46"
L=86.07·
R=42'
""11'30'12"
L~8.43·
N61'27'32'W 232.48''''
Nl0'36'08"E 20B.06··········
TOTAL AREA
NOTES:
DIMENSIONS SHOWN ARE IN FEET
AND DECIMALS THEREOF.
BOUNDARY OF PROPOSED ANNEXATION
EXISTING BOUNDARY OF TOWN OF LOS GATOS
LEGEND:
NOTES:
1.PROPERl1'LINES AND LOT LINES SHOWN ARE RECORD DATA ONLY.
2.BEARINGS AND DISTANCES SHOWN ARE RECORD DATA ONLY,
z
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60'R/W ~
V'.~.__-""'i'l-""-=--~-:::·-_·_--·_.._----.....::.....:::::;;:::g:,.·:::;--=-·---f---·--.-
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..-L(__-------------------1~2~27~.9~7;';1 f-<"0~==~=-.l SBB'07'srE ~~~~-(EXISTING TOWN LIMITS AS ESTABLISHED BY .:
DEERPARK ROAD NO.1 ANNEXATION TO
THE TOWN OF LOS GATOS
REr.r;m"nQl!EWErs'!,lfIBCH:I1 20M
I
Annexation to the Town of Los Gatos of
A \-;)-'of {2..}J 612-\elf I<-CI:
PETITION
FOR THE ANNEXATION OF TERRITORY TO THE
TOWN OF LOS GATOS
The undersigned hereby petition the Town Council of the Town of Los Gatos for approval of a proposed
annexation,and stipulate as follows:
1.This proposal is made pursuant to Part 3,Division 3,Title 5 of the California Government Code
(commencing with Section 56000,Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000).
2.The proposed annexation is designated as:(To be completed by Town Staff)
A(G jV ER-lCk't K (J AD 1'-.lo..1 and consists of
Ioc.)f-h78.22..acres on 1:h@-~side s
WeST
(street name)beEweefl_O--,'F_-!.H-I C1<s
(street name)and (street name).
3.A metes and bounds description of the exterior boundaries of the territory included in the proposal,
marked "Exhibit 'A"',and a map of said territory,marked "Exhibit 'Bill,are attached to this petition and
by this reference incorporated herein.
4.The territory to be annexed is:
~inhabited (12 or more registered voters)
__uninhabited (less than 12 registered voters).
5.This proposal is consistent with the Sphere of Influence of the Town of Los Gatos.
6.The reason(s)for the proposed annexation is/are:
()'BIAI N tvtu t\)\.L'PAL 5 e:R..Vlc.....e$
,,
7.It is desired that the proposed annexation be made subject to the following terms and conditions:
"1:h.C\t %~'TOw Y\Shall 5 ~C(J tLcr2&+0 fu vJ;l \l ~Wl Son
Qc..+QoY\~f()..J-.
N:\B&ElAnnexations\1-FORMS\2·Pelillon.wpd
Attachment 2
)
8.The p~n(s)signing this petition haslhave signed as (check one):
_/__(oyw\Xlner(s)of land within the affected territory.
__registered voter(s)within the affected territory.
9.The undersigned proponep.ts (~()do not (check one)own·100 percent of the territory proposed
for annexation.
Wherefore,petitioner(s)request(s)that be taken in accordance with the provisions of Section 56000 et seq.
of the Government Code,and herewith affix signature(s)as follows:
SIGNATURES
OF PETITIONERS
5'"77 -II -D/1fV
.-ot,f'v
"5>?7---it -of 5'1/
53'"....:..,(.-CJI''iS;V
1'1'37..0 .4rht:-n?-/....../kd
L",;;Gl"/P.t·ClS-o.?&--
Phone:H _.~"~wNrrS'tr...t1pJf;ftJl,t k;-r:;----r~...:-.-~--.--=-------~---1
Los:64...10 s (!/f-19.3 .;t .()\f;".
';l't'.('III1~M.c •
Lo 61q-foS CA 9.s:z>.3 ~
ASSESSOR'S
MAILING ADDRESS PARCEL NO.t}\~'J
,·:~$-flkJii.lii~i:vt;j3{~..Y.:q2,,,s..[~.?7-'-11_?7--:'~~\....~L~~.~~~~~LL'::'~:···-·:V::;-~~·.·~t5.:R5~'Z~/t;'i9'-~:.::s-:-i:Z:S:-_~-"'~_w-r-e./I!I·"'III.ir
:''1'l,jm~iN'{".\R.~.D~•
.SA-\J 0osa.C-A _9,"S"l'z:$"
For additional signatures,use Supplemental Petition.
WHEN COMPLETE RETURN TO:
Town of Los Gatos
Parks &Public Works Department
P.O.Box 949
Los Gatos,California 95031
Phone:(408)399-5770
DV56IA:IFormsI01-PETIT,wpd
REV.:8/11/2000 .
II •
I
1 ))
SUPPLEMENTAL PETITION
FOR THE ANNEXATION OF TERRITORY KNOWN AS
TO THE TOWN OF LOS GATOS
'--~--'--'-----r------'
SIGNATURES
OF PETITIONERS
(please print name ASSESSOR'S
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SUPPLEMENTAL PETITION
FOR THE ANNEXATION OF TERRlTORY KNOWN AS
TO THE TOWN OF LOS GATOS
1
ASSESSOR'S
,...P ARCEL NO.MAILING ADDRESS
------'---------
S;-37-{(~OI(
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Date:
DV56:IA:IFormsI02-SUPPT.wpd
Form Revised:8/11/2000
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