2008-033-Making Determinations And Approving The Reorganization Of Territory Designated East La Chiquita Avenue No.1 Approximately .65 Acres Located At 16357 East La Chquita Avenue (Apn:532-04-035)RESOLUTION 2008-003
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
EAST LA CHIQUITA AVENUE N0.1
APPROXIMATELY .65 ACRES
LOCATED AT 16357 EAST LA CHIQUITA AVENUE
(APN: 532-04-035)
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 .65 acres on 16357 East La Chiquita Avenue (APN: 532-04-035) has been
filed by Marlene Gordon; 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 TT 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 East La Chiquita Avenue No. 1
more particularly described in Exhibit A and B;
2. That the following finding are made by the Town Coilncil of the Town of Los
Gatos:
a. That said territory is uninhabited and comprises approximately .65 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 25 years ago to pre-zone
these properties with a designation of R-1:8 (single family residential,
8,000 sq. ft. minimum lot size).
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.
That the proposed .annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is within 300 feet of 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 the
22nd of January, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
MAYO13lOF THE TOWN OF LOS GATOS
ATOS, CALIFORNIA
ATT T:
CLERK F 'T ~ TOWN O 'LOS GATOS
LOS GA O `, CAL~'ORi~1LA
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
EAST LA CHIQUITA AVENUE No. 1
Date: 15 August 2007
Situate in Rancho Rinconada de Los Gatos., County of Santa Clara, State of
California.
Being a portion of :East La Chiquita Avenue along with all of the lands conveyed
from Marlene Gordon, Trustee of The Joseph R. Boyd Revocable Living Trust
dated 5/1/97, to Marlene Gordon, a married woman, as her sole and separate
property by the Trust Quitclaim Deed recorded April 16, 2007 as Document No.
19385923, Official Records, Santa Clara County Records, and being all of Lot 26
as shown on that certain rnap entitled "Tract No. 583, Thomas Gion Homesites",
as said map is filed in Book 20 at Page 46, Santa Clara County Records, and
being more particularly described as foilows:
Beginning at a point on the existing Town Boundary of the Town of Los Gatos,
said point being at the intersection of the southwesterly boundary of that certain
annexation to the Town entitled "Shannon Road No. 22" adopted on February 21,
2006 with the southeasterly fine of East La Chiquita Avenue, said point also
being on the northwesterly boundary of Lot 1 as shown on that certain map
entitled "Tract No. 619, Being a Part of Lot A of a Resubdivision of Lot 8 of the
M.S_ Gardner Subdivision", as said map is filed in Book 24 of Maps at Page 17,
Santa Clara County Records;
Thence from said Point of Beginning:
(1) along said southeasterly line of.East La.Chiquita Avenue South 19° 40'
West 304.71 feet;
(2) leaving said southeasterly line North 70° 20' West 60.00 feet, a little more-
or-less, to the southeastern corner of Lot 26 as shown on said map of Tract
No. 583;
(3) thence along the southwesterly boundary of said Lot 26 North 70° 20' West
133.72 feet, a little more-or-less, to the southwestern corner of said Lot 26;
(4) thence along the northwesterly boundary of said Lot 26 North 19° 40' East
75.00 feet, a little more-or-less, to the northwestern corner of said Lot 26;
(5) thence South 70° 20' East 133.72 feet, a little more-or-less., to the
northeastern corner of said Lot 26 and the northwesterly line of East La
Chiquita Avenue;
(6) thence along said northwesterly line North 19° 40' East 229.71 feet, a little
more-or-less, to the southwestern corner of said annexation entitled
"Shannon Road No. 22";
Jobtl 07103 K:\MSOFF[CEIWORD\jay\descriptions\07160 Gordon L.~ Chiquita
Annexalion.doc
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
EAST LA CHIQUITA AVENUE No. 1
(7) thence leaving said northwesterly line, South 70° 20' East 60.00 feet to the
True Point of Beginning and containing 0.65 acres, more-or-less.
_) ~~ c,.
~ --~ ~ ~,
Curt G. Dunbar, PLS 5615
License Renewal Date 9/30/08
SJ~~ G. nUN
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No, 5615
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Closure Gomputations for E La Chiquita No, 1
Pt. ID Bearing Distance N E
1 5000.000 5000.000
S 19° 40' 00" W 304.710
2 4713.065 4897.451
N 70° 20' 00" W 60.000
3 4733.258 4840.951
N 70° 20' 00" W 133.720
4 4778.261 4715.031
N 19° 40' 00" E 75.000
5 4848.886 4740.272
S 70° 20' 00" E 133.720
6 4803.883 4866.192
N 19° 40' 00" E 229.710
7 5020.193 4943.500
S 70° 20' 00" E 60,000
1 5000.000 5000.000
Error of closure = 0.000 0.000 1
Relative Error of Closure = 1 Part in Infinity
Area = ±28,312 Sq. Ft.
Job Number 07160
8/15/2007
PETITIOl~T
FOR THE ANNEXATION OF TERRITORY TO TIE
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 fart 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 annexations is designated as: (To be completed by Town Staff)
CC tJ~} C~-i- I ~ >J >'i~itt # ~ and consists of
Amlexation to the Town of Los Gatos of (~ ~ acres on the (N/S/E/~ side
of c. , I. ~ ~i~ rs ~ ! T-!`~ (street Hanle) between 5' 1•~/i,ti ~i ~..\~ ,~ D
(street name) and w . L..$ Gr•~ t~,1 ~ 1'~. (street Warne).
3. A metes and bounds description of the exterior boundaries of the territory included in the proposal,
marked "Exitibit,'A"', and a map of said territory, marked "Exhibit'B"', are attached to this petition and
by this reference incorporated herein.
4. The territory to be annexed is:
inhabited (12 or tno.re 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 re~a`son(s) for the proposed amlexation is/are:
1-~c.M ELI '1 ~ ~j T..) n }`- ~ l h i 1 IV I~ ~'T•~2-,l~V ~~(<1 ~.C (~ 1.~ (~ 13i~11 L D
I~ ~J 2 ~~ I l~ t~,t`i'Cti,
7. It is desired that the proposed annexation be made subject to the following terms and conditions:
N:\6&EW,NNEX~TION511 •FORMS\2-Petilinn.eepd
REV.: 521103 ATTACHMENT 2
~. The person(s) signing this petition has/have signed as (clleclc one):
~~ owner(s) of land within the affected territory.
registered voter(s) within the affected territory,
9. The undersigned proponents (ado/( )d0 ilot ~CI2~CIC 012~~ Ow11 100 percent of the territory proposed
for annexation.
Wherefore, petitioner(s) request(s) that be taken in acc;.ordance with the provisions of Section 56000 et seq.
of the Government Code, and herewith affix signature(s) as follows:
SIGNATURES
OF PETITIONERS
(Please print name ASSESSOR'S
below signature) MAILING ADDRESS PARCEL NO.
,~1~~ ~w~~-~ I la 3s7 ~ , C~a Cia, Le.i,r ~ ~~ SQL ~'~f O3 s
_..__ -_ -
l~l /xt~ t<E-1v~ C-~ v fti-i~ t,~ n] ~) S C~ Air-U~., Ct~ l ~~i ,~..
DATE.: ~~~~7~~%~ Phone -~G~ ~i~3'~ S~v 8i-4~1~f W - ~kt~~' '>7l s~"7ez~ y.~r~-
~~
~
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---~ 5 c,._._ -~~~
--- ----_
DATE: ~ 0 7 Phone: j~~%- :.~`~ C ° c ~ W - ~ Q ~ .5c~ ~Z G;S
DATI~: Phone: H - W -
For aciditionaL signatures, use Supplemental Petition.
WIZEN COMPLETE RETURN T0:
TOWN OF LOS GATOS
PA12KS & PUBLIC WORKS DEPAKTMENT
41 MILES AVENUE
LOS GATOS, CALIFORNIA 95030
PHONE: (408) 399-5771
N:1E3& E~ANN EXATIONSII-FORMSI2-Peti lion.wpd
REV.: 521!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: East La Chiquita Avenue No. 1
Brief Description of Proposal:
This proposal is to annex a single 0.65 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: 16357 East La Chiquita Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-04-035
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 Govenuxzent Code Section 56663 (c) & (d).
~..._...• lF/////f
"~'i"~^ ' ~i _
Signatuz•e of Authorized • sentative
Title of Repres ntative
Date
!n the cnse of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, § 56663 (c) & (d) of Government Code allows for waiver of protest proceedings if.
Unir:/tttbited area [§5G663(c)J
Area with less than X2 registered voters Inlutbited ca•ect [§56G63(tl)J
firea with I2 or more registered voters
All oti~,ters of .land wiiltin affectedi arece consent to Town provided tivr•iitera notice (of project arZd To~~~n's
aranexatiora intent to not hold a protest proceeding) to all property
owners and registered voters and if no written opposition
is received fi•an them prior to conclusion of meeting
All affected agencies that gain or lose territory give ,411 affected agencies that gain. or lose territory give
tivritten consent to waiver of protest proceedings ~a•ittera consent to tivaiver of protest proceedings
!f at the public heru•ing there is opposition expressed r•egardirtg the proposal or Torvra Courxcil's intent to tivaive pretest
proceedings, them ptrotest proceeding will be required.
Enclosures: Detailed Map and Description of proposal
N:1~EVUI:NNIfER SILACHIQUIi'A163571ANNL•XAl10NSCCWAIVLR.DUC
ATTACHZMENT 3
CONSENT TO WAIVE PROTEST PROCEEDINGS iw~,V ~ d ZO07
This form must be completed by agencies losing or gaining tei7•itoiy if they des~i=eftlat~pi,o.test/-'~ i r ;s
proceedings Ue waived. ~'~-%`~~~~~~,ir~s~:., C~lVl~rc:~IV
DESIGNATED TITLE OF PROPOSAL: East La Chiquita Avenue No. 1
Brief Description of Proposal:
This proposal is to annex a single 0.65 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,
~.ddress: 1635? East La Ghigoita Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-04-035
The Santa Clara County Lib~•ary Service Area, losing territory as a result of this proposal does
hereby consent to the waiver of protest proceedings in accordance with Goverrunent Code
Section 56663 (c) & (d).
~-~ ~ ~. /
~_~ ~ ~ / ~
Signature of Authorized Representative Date
Administrative Services Manager III
In the case of irzhctbited (12 of more registered voters) or tatirrhabited city or distr°ict artnexatiorts or detachments or
both, § 56663 (c) & (d) of Government Coyle allows for waiver of protest proceedings if.•
Unin/~«bited are« (§566G3(c)J
Area with less dt«n 12 registered voters Inh«bited «re« [§56663(tl)J
Area with 12 or more r•egisterecl voters
All owners of land within affected m•ea corrserat to Towr2 provided written notice (of project atad Town's
annexation intent to not hold a protest prroceecling) to all property
owners and registered voter°s and if no written
opposition is received fi•orrt them prior to conclusion of
meeting
All affected agencies that gain or• lose territory give All affected agencies that gain or lose territory give
written conser2t to waiver of protest proceedir7gs written. consent to waiver of protest proceedings
!fat the public hearing there is opposition expressed regcn•dirzg the proposal or Torvrt Council's intent to waive
protest proceedings, .then protest proceedutg >vill be rep/aired.
Enclosures: Detailed Map and Description of proposal
N:\DEVIJENNIFER S\LACHIQUITA16357ViNNEXATIONLIBRARYWAIVER.DOC ATTACHMENT 4