2008-010-Making Determinations And Approving The Reorganization Of Territory Designated Stephenie Lane No. 3 Approximately .33 Acres Located 16010 Stephine Lane (Apn: 523-23-031)RESOLUTION 2008-010
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
STEPHENIE LANE N0.3
APPROXIMATELY .33 ACRES
LOCATED AT 16010 STEPHENIE LANE
(APN: 523-25-031)
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos
and detachment of said territory from Santa Clara County Library Service Area, consisting of .33
acres on the northeast corner of Stephenie Lane & Blossom Hill Road (APN 523-25-031) has
been filed by Osama & Cindy Nijmeh; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this annexation; and
WHEREAS, Section 56757 of the California Government Code states that the Local
Agency Formation Commission shall not review an annexation proposal to any City in Santa
Clara County of unincorporated territory which is within the urban service area of the city in
initiated by resolution of the legislative body and therefore the Town Council of the Town of Los
Gatos is now the conduction authority of said 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 public hearing; and
WHEREAS., evidence was presented to the Town Council;
NOW, THEREFORE, BE IT RESOLVED by 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 Stephenie Lane No. 3, more particularly
described in Exhibit A and B;
2. That the following finding are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately .33 acres.
b. That 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 C.E.Q.A. under the provision of the California
Administrative Code, Title 14, Section 15061(b)(3).
d. The Town Council enacted an ordinance over 20 years ago pre-zoning the subject
territory with an R1:8 (single family residential, 8,000 sq. ft. minimum lot size)
zoning designation.
e. That the territory is within the Town urban service area as adopted by the Local
Agency Formation Commission of Santa Clara County.
f. That 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. That the proposed annexation does not create island or areas in which it would be
difficult to provide municipal services.
h. That the proposed annexation does not split lines of assessment or ownership.
i. That the proposed annexation is consistent with the Town's General Plan.
That the territory to be annexed is contiguous to existing Town limits.
k. That 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 Santa Clara County and the Santa Clara County Library Service Area, that will lose
territory as a result of this reorganization, have consented in writing to a waiver of protest
proceedings.
4. That all property owners and registered voters have been provided written notice of this
proceeding and no opposition has been received.
5. That said annexation is hereby ordered without any further protest proceedings pursuant
to Section 56663 (c/d) and is subject to no terms or conditions.
BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings
the territory annexed will be detached from the Santa Clara County Library Service Area.
BE IT FURTHER RESOLVED 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 held on February
19, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara
Spector
NAYS: None
ABSENT:
ABSTAIN:
MAYOR O THE TB-Vwh1-C-~' LOS GATOS
LOS G OS, CALIFORNIA
ATTEST:
4
E K OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MEI Job No. D7006
November 15, 2007
"EXHIBIT A"
LEGAL DESCRIPTION
.ANNEXATION TO: TOWN OF LOS GATOS
NAME OF ANNEXATION: STEPHENIE LANE N0.3
See Mission Engineers, Inc. Drawing_No. 5-14009 "EXHIBIT B")
Real property in the unincorporated area of the County of Santa Clara, State of
California, being a portion of RANCHO RINCONADA described as follows:
Beginning at an angle point in an existing Town of Los Gatos boundary line being a
Northerly boundary .line of ANNEXATION WINTERBROOK NO. 1, said angle point
being at the intersection of the Northerly boundary line of Blossom I-Iill Road (20 foot
half street as established by said ANNEXATION) as established in the deed from
Benedict Chirco, et al, to the County of Santa Clara, dated May 5, 1942 and recorded
May 18, 1943 in Book 1143 of Official Records, Page 18, Santa Clara County Records;
with the Southwesterly boundary line of the .12.217 acre parcel of land conveyed by Leo
Baumgartner, et ux, to Benedict Chirco, by deed recorded March 23, 1923 in Book 20 of
Official Records, Page 45, Santa Clara County Official Records;
1. Thence, from said Point of Beginning along an existing Town of Los Gatos boundary
line being a boundary line of said ANNEXATION WINTERBROOK NO. 1 and said
Southwesterly boundary line of 12.217 acre parcel North 12° 45' 00" West, 10.15 feet to
the Southeast corner of Town of Los Gatos ANNEXATION STEPHENIE LANE N0. 1;
2. Thence, continuing along the existing, Town of Los Gatos boundary line being the
Easterly boundary line of said ANNEXATION STEPHENIE LANE NO. 1 and also
being said Southwesterly boundary line of 12.217 acre parcel of land North 12° 45' 00"
West, 102.63 feet to the Southwesterly corner of that certain land described in deed filed
on August 25, 1947 in Book 1498 at Page 165 Santa Clara County Official Records;
3, Thence, leaving the existing boundary of the Town of Los Gatos and said
ANNEXATION STEPHANIE NO. 1 boundary line, along the Southeasterly boundary
line of said land filed in Book 1498 at Page 165 North 68° 28' 00" East, 124.415 feet to
the Northeasterly boundary line of said land described in Book 20 at Page 45 Santa Clara
County Official Records;
"EXHIBIT A"
Page 1 of 2
LEGAL DESCRIPTION 11/15/07 STEPHENIE LANE NO. 3
4. Thence, along last said line South 17° 36' S6" East, 109.09 feet to a boundary line of
the Town of Los Gatos being said Northerly boundary line of Blossom Hill Road and
also being the Northerly boundary line of said ANNEXATION WINTERBROOK NO. l;
5. Thence, along last said boundary line of the Town of Los Gatos and said
ANNEXATION WINTERBROOK NO. 1 South 67° 21' 00" West, 134.27 feet to said
Point of Beginning and containing 0.3267 acres, more or less.
"EXHIBIT A"
Page 2 of 2
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