2010110104 - Reorganization of 16397 Hilow Road~a~N aF MEETING DATE: 11/01/10
' ITEM NO.
~T 1~.,u,,,r,~~~~~ CONSENT ~,,,
~os'~~GA~O`' COUNCIL AGENDA REPORT
DATE: October 26, 2010
TO: MAYOR AND TOWN COUNCIL G~ '~
,~-~
FROM: GREG CARSON, TOWN MANAGER
SUBJECT; ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD
NO. 4, CONTAINING APPROXIMATELY 1.12 ACRES, LOCATED AT
16397 HILOW ROAD (APN: 532-04-062). FILE #AN10-001.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Hilow Road No. 4, containing approximately 1.12 acres, located at 16397 Hilow Road {APN: 532-
04-062).
DISCUSSION:
On September 20, 2010, the Town Council adopted a resolution approving arulexation of one parcel
located at 16397 Hilow Road .and a portion of the Hilow Road right-of--way. The staff report and
resolution incorrectly cited the land area as .58 acres rather than the total acreage of 1.12 acres. A
corrected resolution is required in order to receive LAFCO certification.
Attaclunents:
1. Revised resolution making determinations and approving t11e reorganization of territory
designated as Hilow Road No. 4, with Exhibits A & B.
Distribution:
Nien-Tsu Wang, 16397 flilow Road, Los Gatos, CA 95032
Michael .Lopez, Plaruzing Manager; Enviroiunental Resources Agency, 7t'' Floor; County
Govenunent Center, East Wing; 70 W. Redding Street, San Jose, CA 95110
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manager ~i°own Attorney Clerk ~ Finance
L~Community Development ~ Revised: 10/26/10 12:05 PM
N:\DEV\SUZANNE\Council\Reports\Annexation\HilowNo.4-RevisedReso.doc Reformatted: 5/30/02
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RESOLUTION 2010 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
HILOW ROAD NO. 4
APPROXIMATELY 1.12 ACRES
LOCATED AT 16397 HILOW ROAD
(APN: 532-04-062)
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
1..12 acres located at 16397 Hilow Road (APN 532-04-062) has been filed by Nien-Tsu Wang;
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
aruiexation 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:
_- -~- l: -- That rt-is the~conductng authority pursuant to-Section 56757 of the Goveriirrienf.Code for ~ ~ `_~
the annexation of property designated as Hilow Road No. 4, 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 .58 acres,
inclusive of road right-of--way.
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.
Attachment 1
c. The project is exempt fiom 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 witli an R-1;8 (single family residential, 8,000 sq. ft. minimum lot size)
zoning desgriation.
e. That the territory is within the Town urban service area as adopted by the Local
Agency Formation Commission of Santa Clara County.
£ That t11e County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain,. and in compliance wit11 the Commission's
road amlexation policies. The County Surveyor has been reimbursed for the
actual cost: incurred by the County Surveyor in malting this determination.
g. That the proposed annexation. does not create islands or areas. in which it would be
difficult to provide municipal services.
h. That the proposed amlexation 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 amlexed is within 300 feet of a Town maintained roadway.
lc. 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 5:6663 (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 November
1, 2010, by the following vote:
COUNCIL MEMBERS:
AYES
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:~DEV~SUZANNE\AnnerationUiilowNo.4U-Iil owNo4•RevReso2.doc
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EXHIBIT "A"
ANNEXATION HILOW ROAD N0.4
TO TO~,~,~N OP LOS GATOS
All that real property situated in the County of Santa Clara, State of California being a
portion of rancho "Rinconada de Los Gatos" described as follows:
Beginning at the Northeast corner of Resolution No. 2005-I3$ entitled "Hilow Road
No.2" dated January 27, 2004 to Town of Los Gatos, said corner being on the Easterly
right of way line of Hilow Road (60 feet wide) 26.61 feet along anon-tangent curve to
the right, said curve having a radius of 817.48 feet, a delta of 1 Degree 51 NI'inutes SS
Seconds and a radial bearing..of North 70 Degrees 19 Minutes 55 Seconds West from the
Southwesterly corner of Lot 13 as shown on the subdivision map for Tract No. 616
recorded in Book 26 of Maps at Pages 8 and 9 Santa. Clara County Records;
Thence (1) along the existing Town Limit as established by said resolution North 68
Degrees 28 Minutes West a length of 60.00 feet to the Northeasterly corner of Lot 7 of
said tract;
Thence (2} leaving said Town Limit 88,26 feet along the Westerly right of way of Hilow
Road and anon-tangent curve to the right, said curve having a radius of 877.48 feet, a
delta of 5 Degrees 45 Minutes 47 seconds and a radial bearing North 68 Degrees 28
Minutes West;
Thence (3) 62.37 feet along a reverse curve to the left said curve having a radius of
817.48 feet and a delta of 4 Degrees 22 Minutes 18 Seconds to the. Southeasterly corner
of Lot 4 of said Tract;
Thence (4) leaving said right of way and along the Southerly boundary of said Lot 4
North 70 Degrees 19 Minutes 55 Seconds West a length of 155.85 feet;
-- - -Thence (5} along-the-Westerly boundary-of-said-Lot-4-North-19Degrees-40--Minutes-East ----------------
alength of 75.00 feet;
Thence (6) along the Northerly boundary of said Lot 4 South 70 degrees 19 Minutes 55
Seconds East a length of 157.16 feet to the Westerly right of way line of Hi1ow Road;
Thence (7) along said Westerly right of way line North 19 Degrees 40 Minutes OS
Seconds East a length of 393.14 feet to the existing town limit of Town of Los Gntos as
established by Resolution No. 2006-016 entitled "Shannon Road No. 22";
Thence (8) along said town limit South 70 Degrees 19 Minutes 55 Seconds East a length
of 60.00 feet to the Easterly right of way line of Hilaw Road;
Thence (9) leaving said town Limit along said Easterly right of way line South 19 .Degrees
40 Minutes OS Seconds West a length of 421.69 feet;
E%HIBIT ~
Thence (10) 116,83 feet along a tangent curve to the right, said curve having a radius
877.48 feet and a delta of 7 Degrees 37 Minutes 42 Seconds;
Thence (11) 82.23 feet along a reverse curve to the left, said curve having a radius. of
817.48 feet and a delta 5 Degrees 45 Minutes 47 Seconds to the point of beginning,
Containing 1.12 acres more or less.
Revised July 28, 2010
Disclaimer:
"For assessment purposes only, This description of land is not a
legal property description as defined in the Subdivision Map Act and
may not be used as the basis for an offer for sale of the land
described."
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AREA 1,12 acres more or less EXISTING TOWN LIMIT LINE J
AS ESTABLISHED. BY
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ENTITLED "SHANNON ROAD ~~
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BY RESOLUTION ~ N0. 0 ERR) 28 w ~ ~F CA~~~®~
2005-135 ENTITLED - N70°~9S5" ~~~ '"
"HILOW ROAD N0. 2" R-817.48' I,y
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L=26.61 :LOT 4, TRACT N4. fi16, .RECORDED IN BOOK 26
PAGE 8 & 9 SANTA CLARA COUNTY RECORDS
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED HILOW ROAD N0.4
DATE: April 2010 JOB. N0. 2010-030
BY: HARRY BABICKA REVISED: JULY z8, 2010
VICINITY MAP
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Sheet 1 of 1
WESTFALL ENGINEERS, iNC.
SARATOGA, CALIFORNIA
this description of land is not a
legal property description as
defined in the Subdivision Map
Act and may not be used as the
basis for an offer for sale of the
land .described."
EgHTBIT B
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