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2007-137 - Making Determinations And Approving The Reorganization Of Territory DesignatedRESOLUTION 2007-137 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MARCHMONT DRIVE NO. 2 APPROXIMATELY .28 ACRES LOCATED AT 16666 MARCHMONT DRIVE (APN: 532-08-006) 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 .28 acres on Marchmont Drive (APN 532-08-006) has been filed by Anita Hunter; 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 Marchmont Drive No. 2, 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 .28 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 resLtlt 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 December 17, 2007, by the following vote; COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe Pirzynski NAYS: None ABSENT: ABSTAIN: SIGNED: P~ ~.-~.- M Y R OF THE T'C)`J~~ O LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLE OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA I MISSION ENGINEER, ~N(~. Planning Responsive Reliable Results Since 1953 Land Surveying Civil Engineering Construction Staking EXHIBIT "A" Revised 8-O l -07 ANNEXATION TO THE TOWN .OF .LOS GATOS MARCHMONT DRIVE #2 All that certain real property, situate in the unincorporated area of Santa Clara County, State of California, being a portion of Section 22, Township 8 South, Range 1 West, Mount Diablo Meridian, more specifically being all of Lot 24 as shown on that certain Map entitled "Tract No. 328, Kenwood Acres" filed June 25, 1946 in Book 10 of Maps at Page 56, Santa Clara County Records, and being more particularly described as follows: BEGINNING at a point on the current Town of Los Gatos boundary as established by the Annexation entitled "Kennedy Road.#1"and lying thereon South 74° 21'45" East 32.36' from the Northwest corner thereof, said point being the Southwest corner of said Lot 24; Thence (1) along said Town of Los Gatos boundary, South 74° 21' 45" East, 95.19 feet to the Southeast corner of said Lot 24; Thence (2) leaving said boundary, along the East line of said .lot 24, North 12° OS' 15"East, 134.58 feet, to the Northeast corner of said Lot 24; Thence (3) along. the North line of said Lot 24; North 77° 51' 45" West, 30.41'; Thence (4) along a curve to the right having a Radius of 660.00 feet, through a Central Angle of 4° 31' 00", an Arc Distance of 52.03 feet; Thence (5) North 73° 20' 45" West, 10.28' to the Northwest corner of said Lot 24; Thence (6) along the West line of said Lot 24, South 13° 10' 1S" West, 131.65 feet to the POINT OF BEGINNING and containing 0.285 acres of land more or less. End of description. ~~ ~~ .w b' - 'Y ~'d` ~'`t?.75`~~ t~~.W ~~~~ 0'At.'~~'~~°~ 355 Reed Street, Santa Clara, California 95050-3107 (408)727-8262 Fax (408)727-8285 missioneng@earthlink.net M.A R C H M O N T C60' WIDE) O D=4.301'00' N73'10 285'W R= 6 6 0, 0 0 A=5203 D R I V E N77.51'45'W 30,41 MARCHMONT DRIVE SITE z 0 0 m I ELD LANE LOCATION MAP NOT TO SCALE N/W COR ~pT 24 SITE TR, 3zg LOT 24 TRACT N0. 328 KENW~~D ACRES 10 M 56 APN 532-08-006 QO 0,2852 +/- ACRES P.D.B. ~\ S/W COR LOT 4 TR. 328 \\\0\\\ o° 3 ~ / 2 W S/E C^R LOT 24 TR, 328 3236 9519 S74.21'45'E O S74.21'45'E EXTSTING T^WN LTMITS LTNE ^F T^WN ^E L^S GATOS PER ANNEXATI^N "KENNEDY RD. #1" N/W C^R "KENNEDY RD# 1" ANNEXATI^N EXHIBIT B '' PROPOSED ANNEXATI^N T^ THE T^WN ^F~ L^S GAT^S ENTITLED MA_RCHM^NT DRTVE # 2 N/E C^R. L^T 84 TR. 328 W y O Z © Scple 1" = 30' PORTION OF SEC 22 T 8 S R 1 W MOUNT DIABLO MERIDIAN IJVl1~~~~OL1V ~L1V~,J~IJV~ls~~9 ~LIV~^ RESPONSIVE, RELIABLE RESULTS SINCE 7953 i Reed St. Santa Clara, Calif 95050 (408)__ 727-8262 FAX: (408) 727-8285 SCALE: 1 "= 30" DATE REV 8-01-07 DWN KA a H oc7~ ~ ~ pool CONSENT TO WAIVE PROTEST PROCEEDINGS TOWN O~ SOS G This form must be com leted b a encies losin or ainin territoi if theP~'~~~i~41 ATOM P Y g g g g ~' Y 'P~4~~ proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Marchmont Drive No. 2 Brief Description of Proposal: This proposal is to annex a single 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; 16666 Marchmont Drive, Los Gatos, CA 95032 Assessor's Parcel Number: 532-08-006 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 Authoriz d resentative Title of Represer~ ative ~~~~ G~ 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 pi°otest proceedings if.• Uninhabited area [§56663 91 Area with less than 12 registered voters Inhabited area [§56663(d)] 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 p~°oceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain o.r lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings. If at the public hearing 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 N:\DEV\SUZANNEWNNEXATIOMSCC WAiVER1MARCHMONTN02,DOC ATTACHMENT 2 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire tl~totest' proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Marchmont Drive No. 2 " CEP "' '~ 2007 TOWN C)F LOS GATOS Brief Description of Proposal: PLANNING DIVISION This proposal is to annex a single .28 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: 16066 Marchmont Drive, Los Gatos, CA 95032 Assessor's Parcel Number: 532-08-006 The Santa Clara County Library Service Area, 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). ~~ c~ :~: j~~ n Signature o'f Authorized Representative ~/~~a~ Date Administrative Services 'Manager "III - ,: 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 l2 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 w~^itten notice (ofproject and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received fi^om 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 consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing 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 N:\DEV\SUZANNEWNNEXATION\LIBRARYWAIVERIMARCHMONN02-LW.DOC ATTACffi~IENT 3