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2008-005-Making Determinations And Approving The Reorganization Of Territory Designated Kennedy Road No.16 Approximatley.62 Acres Located At 16683 Kennedy Road (Apn: 532-08-057)RESOLUTION 2008-005 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED KENNEDY .ROAD N0.16 APPROXIMATELY .62 ACRES LOCATED AT 16683 KENNEDY ROAD (APN: 532-08-057) 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 .62 acres located at 16683 Kennedy Road (APN .532-08-057) has been filed by Thomas Rollett; 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 Kennedy Road No. 16, 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 .62 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. j. 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 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 January 22, 2008, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara Spector NAYS: None ABSENT: ABSTAIN: v~ MAYOR /~F THE TOWN OF LOS GATOS LOS G~TOS, CALIFORNIA ATTE ~ (~~ CLER OFT TOWN'OF LOS GATOS LOS GATOS, CALIFOF.hTi.A. _. ANNEXATION TO THE TUWI~I OF LOS GAT05 KENNEDY ROAp X16 Date: 16 May 2007 Revised: 18 June 2007 Situate in Rancho Rinconada de Los Gatos, County of Santa Clara, State of California. Being a portion of the lands conveyed from Thomas Raymond Rollett and Nancy Louise Rollett, husband and wife, to Thomas Raymond Rollett and Nancy Louise Rollett, Trustees of the Thomas Rollett and Nancy Rollett Revocable Trust, dated May 11, 1999 by the Grant Deed recorded January 15, 2002 as Document No. 16057306, Official Records, Santa Clara County Records, and being more particularly described as follows: Beginning at a point on the existing Town Boundary of the Town of Los Gatos, said point being the northeastern corner of that certain annexation to the Town entitled "Kennedy Road No. 15" adopted on February 22, 2005, being the northwestern corner of said lands of Rollett; Thence from said Point of Beginning: (1} along said Town Boundary and the northwesterly boundary of said lands of Rollett South 15° 33' West, 177.43 feet, a little more-or-less, to the southeastern corner of said annexation entitled "Kennedy Road No. 15"; (2) thence continuing along said northwesterly boundary South 15° 33' West, 30 feet, a little more-or-less, to the southwestern corner of said lands of Rollett and to the northeasterly line of Kennedy Road (a variable-width right- or-way); (3) thence along said northeasterly line of Kennedy road and the southwesterly boundary of said lands of Rollett, South 74° 27' East, 130 feet, a little more- or-less, to the southeastern corner of said lands of Rollett; (4) thence along said southeasterly boundary North 15° 33' East, 207.43 feet, a little more-or-less, to the northeastern corner of said lands of Rollett; (5) thence along the northeasterly boundary or said lands of Rollett, a portion of said northeasterly boundary also being the boundary of the Town of Los Gatos established by that certain annexation entitled "Littlefield Lane No. 1", North 74° 27' West 130 feet, a little more-or-less, to the Point of Beginning and containing 0.619 acres, more-or-less. labp r~"/10~ Y.'J~AS(71 rICF:1W(~I(U1jay~dcscripllnn.ti\f)7Iq~-Rulicil /~nncxaiion f(cv i.cloc _._ EXHIBIT "A„ __._._. AIUNEXP.`pION TO THE TO~J~/~1 O~ LOS OATOS KENNEDY ROAD #'l6 i ~~. ( •,._ \ Curt G. Dunbar, PLS 56~ 5 License Renewal Date 9/30/08 ~~ G. D(~~eG,~ V 9~ No. 5615 Exp. -3~-L~ ~/ ~ JobH U71~1J Y,:INISUFPI(:I?FWOK(7\jay'~dr_SCri~'dions\O71p_4~Rrillct~ Anncx,uion Itcv I.duc UaIM ,09) 3Nd~ a3~1~3~111~ lid` 3N1~1 Ql3Li31L1f1 NOLLVX3NNd ,l8 43HSI~BVIS3 Sd S11WIl SOlb9 S0~ .~0 NMOl ONLlSIX3 6b0-80-Z~5 z z z w m tL 0 H z 0 a r~ co 0 I ro O I N M ~z / / i ~ / i / ' % i ~ ~ o ~ j ~ ~ i / 4/ / / / / /0 W~ ~Q~ ~ ~' ~ i / / F / /~ / i / Xp~ i ' i WJ4 / ffl } ~m / J ~ ~ II ~ / / ~ / '/ / ~ ¢ ~ /~ i i/' ~~z /ova' / / a 4~ // / I ~ O Y a cn / W % ~ i F i .a~tD i w ii % i / i ~ / i i / , , ' , i ; ~ ~' / / '' ; , i ~ O~ !~ ' i 1N3Y(75Y3~ OV021 ~ i % (S~I~J b'~ HIaIM) Od02~ J.O~NN3~i 050-80-Z~5 J/P~ ~ o ~0~~ ~ ~ u~ ~ ^. (~ o r ~ Z n \~~... W. v I % j i c~ 0 X W Z ~' Z Q O I Q W 4 J r ~ ~`7 O ~ U Zm O O ~ ~ O Z Z Q~ O ~ ~ LLI ~ U ~ ~ O lL OZ .r, r I o °° o O N 1 O ~ ~ m II w ~ d = Z ~ ¢ "_ ~ z J W ~ 1- Q v '4 ~ cn o 0 ~ O ~~~ Q Z°o~ OQZ ~ C~ q Q (n ~ ~ Xp~ W 1-- Z -' ~ Q C0 aoo Q W O Z Q X ~ O w ZO W O F- Y U 0.. W Z ~=o ~ a- ~ --I O I- _ 0Z ~ W Z 0 O ~ rn rn I LJ ~ ~ - ~ o (n U 3 Uo~ W w~ ~>Q ~ ~- ~z ~/ (n v¢i Q o w w m Q z ~ ~ o Z o vl ~ U J d 0 ---~ .e,. / Oil M ,LZ.tiL N (cl ~ , CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they des,~:~e that protest` proceedings be waived. ~'~~..'"`~ ~~°~ ~~~` 1 DESIGNATED TITLE OF PROPOSAL: Kennedy Road No. 16 ,'1w `~ t 1601 Brief Description of Proposal: 1 ~"~~`~~ ~~ \l~ L( This proposal is to annex a single .62 acre parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary., within the Town's 'Urban Service Area Boundary, not under the Williamson Act, does not create ".islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16683 Kennedy Road, Los Gatos, CA 95032 Assessor's Parcel Number: 532-08-057 The Santa Clara County Library Service Area, losing territory as a result of this proposal does hereby consent to the waiver ofprotest proceedings in accordance with Government Code Section 56663 (c) & (d). ;~~ ,. ; Signature of Authorized Representative Administrative Services Manager III ~/ % ~% Date In the case of inhabited (12 of more registered voters) oa• uninhabited city or district annexations or detachments or both, §56663 ~ cPc (d) of Government Code allows for waiver ofprotest proceedings if.• Uninhabited area f956663~j Area with less than I2 registered voters Inhabited area.[p3o`6o3(d)J Area with I2 or Wrote registered voters All owners oj~land within affected m•ea consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all pr•oper•ry owners and register^ed voters and if no written opposition is received from them prior to conclusion of meeting All affected ageracies that gain or• lose territory give All affected agencies that gain or lose territory give written consent to waiver ofprotest proceedings written consent to waiver ofprotest proceedings If at the public {searing there is opposition expressed regarding the proposal or Town Council 's intent to waive protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal ATTAC1~AiENT 2 N:1DEVISUZANNEIANNEXATIOMKENNEDY No. 161KENNEDYN016-LW.DOC Doc Created: 5/27/03 CONSENT TO WAIVE PROTEST PROCEEDINGS This. form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Kennedy Road No. 16 Brief Description of Proposal: This proposal is to annex a single .62 acre parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16683 Kennedy Road, Los Gatos, CA 95Q32 Assessor's Parcel Number: 532-08-057 The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of Authori Representative P~,~,~t ~ f12~te~. Title of Representative i~~o 7 Date In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, §56663 ©) & (d) of Government Code allows for waiver of protest proceedings if.• Uninhabited area [§5666391 Area with less than I2 registered voters Inhabited area (§56663(d)J Area with I2 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proeeedin~ to all property owners and r-egislered voters and ifno written opposition i,r received from them prior to conclusion of meeting All affected agencies that gain or .lose territory give A[l affected agencies that gain or• lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hem-ing there is opposition expressed regarding the proposal or Town Council's intent to waive protest proceedings, then prrotest prroceeding will be required. Enclosures: Detailed Map and Description of proposal . ~ ~ ~'~~~ ~',z~. ink iJOV 1 9 2.001 N:iDEV1SU7ANNE~ANNEXA'fIOMKENNEDY NO. IGIKENNEDYNOIG-SCCW.DDC .Doc Created: 5!27/01 ATTACkiMENT 3