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1997-069 -Top of the Hill Road No. 7RESOLUTION 1997 -69 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOP OF THE HILL ROAD NO. 7 TO THE TOWN OF LOS GATOS WHEREAS, the proposed reorganization to the Town of Los Gatos consisting of all that unincorporated territory designated as Top of the Hill Road No. 7 Reorganization, located generally at northerly terminus of Top of the Hill Road in the County of Santa Clara is proposed for Reorganization to the Town of Los Gatos pursuant to Division 3 of Title 5, commencing with Section 56000 et seq. of the Government Code; WHEREAS, the Town of Los Gatos is authorized by Section 56826 to act as the conducting authority with exclusive power to approve reorganizations within its urban service area; WHEREAS, the Town of Los Gatos has received a petition signed by all the owners of land within the territory to be annexed, and pursuant to Section 56837 of the Government Code, the Town Council of the Town of Los Gatos may initiate proceedings to reorganize said territory without notice, hearing or election, in the manner described in Section 57002 (c) of the Government Code of the State of California; RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California that the following findings are true and correct: 1. The unincorporated territory is within the Town's urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. 2. The County Surveyor has determined that the boundaries of the proposed reorganization are definite and certain and in compliance with the Santa Clara County Local Agency Formation Commission road annexation policies. 3. The proposal does not split lines of assessment or ownership. 4. The proposed reorganization does not create islands or areas in which it would be difficult to provide municipal services. NADEV\RESOS70PHILLTRES The proposal is consistent with the Town's adopted general plan. 6. The territory is contiguous with the Town's boundaries. 7. The Town has complied with all conditions imposed by the Local Agency Formation Commission of Santa Clara County for inclusion of the territory in the urban service area of the Town, 8. The project is exempt from C.E.Q.A. under the provisions of the California Administrative Code, Title 14, Section 15061(b)(3). 9. The territory is "Uninhabited" as defined in Section 56046 of the Government Code of the State of California 10. The reason for the proposed reorganization is to properly plan and provide municipal services to the area that is contiguous to the Town. 11. All of the owners of property within the territory proposed for reorganization have consented to the annexation. FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation of the County of Santa Clara, State of California, that pursuant to the provisions of Section 57075 of the Government Code of the State of California, the annexation to the Town of Los Gatos of that territory designated as Top of the Hill Road No. 7, and described in real property description and map attached hereto, marked Exhibits "A "and "B ", respectively, is approved, and that the same be annexed to the town of Los Gatos. FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory annexed will be taxed on the regular county assessment roll, including taxes for existing bonded indebtedness. FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Library Service Area. FINALLY RESOLVED, that the Town Clerk is authorized, and is hereby directed, pursuant to Section 57200 of the Government Code, to prepare under seal a certified copy of this resolution, giving the date of passage, and immediately transmit same along with a remittance to cover the fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of Santa Clara County, N: \DEV \RES0S \T0PHILL7.RES 2 PASSED AND ADOPTED at a regular meeting of the Town Council held on June 16, 1997, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT None ABSTAIN: None r SIGNED: MiYOR OF THE T AT GATOS /GS GATOS, CALIFORNI ATTEST: CLERK OF THE TOWN OF LO ATOS LOS GATOS, CALIFORNIA NADEV \RES0S \T0PHILL7.RES Exhibit "A" Annexation to Town of Los Gatos Top of the Hill Road #7 That certain property that is situated in the State of California, County of Santa Clara being a portion of the Northwest 1/4 of Section 23, Township 8 South, Range 1 West, M.D.B. & M., being more particularly described as follows: Beginning on the South line of the Northwest 1/4 of said Section 23 at the Southwest corner of the 59.50 acre tract of land conveyed to George P. Allen by deed recorded July 1, 1884, in Book 73 of Deeds, at Page 551 of Santa Clara County records; thence S 89 °30' W along the South line of said Northeast 1/4 Section 23, 853 feet more or less to a Northeasterly comer of Shannon Road No. 13 annexation to the Town of Los Gatos, thence continuing along said South line and a Northerly line of said Shannon Road No. 13 annexation, S 89 335 feet more or less to a stake marked SC6 standing at the Southeast corner of the 26.68 acre tract of land conveyed to C.E. Anderson by deed recorded February 10, 1913 in Book 397 of Deeds, at Page 79, Santa Clara County records; thence along an Easterly line of said Shannon Road No. 13 annexation the following courses and distances: N25 396.66 feet; thence N3 172.92 feet; thence N9 53.46 feet; thence N28 163.84 feet; thence N66 34.59 feet; thence N31 24.87 feet; thence N28 238.36 feet; thence N50 8.58 feet; thence N30 76.56 feet; thence N44 19.80 feet to the most Westerly corner of the 7.00 acre tract of land conveyed to R.W. Shannon by deed recorded June 21, 1894 in Book 172 of Deeds, at Page 48, Santa Clara County Records, said point being also the most Northerly corner of the 16 acre tract of land conveyed to R.G. Woodward by deed dated August 27, 1892 in Book 486 of Deeds, at Page 480, Santa Clara County Records; thence leaving said Shannon Road No. 13 annexation and proceeding Southeasterly along the lands conveyed to Woodward and the Southwesterly line of said 7.00 acre tract of land, S 37 °26'45 "E 538.24 feet more or less to an angle point in the lands conveyed to Woodward and the Southwesterly line of said 7.00 acre tract of land; thence South 216.94 feet; thence East 440.88 feet to a stake standing in the West line of said 59.50 acre tract of land, thence continuing along the West line of said 59.50 acre tract of land, South 406.56 feet to the point of beginning, containing 15.95 acres more or less and being designated AP N 537 -24 -022. J.M.H. Weiss 93380 January 14, 1997 Revised April 8, 1997 SUVIEW DRIVE 30 00' E 76.56' N 50 °00'W 8.58' N28 °00'E - S 37 "E � OFCA� \F N 31 / 238.36 , 538.24' 24.87' / N 66' h ��- N 2 8 E 34.59' / 163.84' / N 9 I 53.46' SOUTH I 216.94' EAST I L N 3° 20'W 440.88' I 172.92' -- I A.PN. 537 - 24 -022 N 25 °00'E I �-- SO U T H I 396. 66' 406.56' P. 0. B. S89.30'W S 89.30'W 853.00 33 5.00 ® _ EXISTING TOWN OF I LOS GATOS LIMITS LINE AS ESTABLISHED BY SHANNON ROAD N0. 13 I p_ I �a m �i - - "VM cw SHA I 0 � k£ SI T E3 "P` BOUNDARY LINE OF PROPOSED ANNEXATION -- — — �- o EXISTING TOWN LIMITS LINE TOTAL AREA = 15.95 ACRES ORT RD, 11 EXHI BIT B SUVIEW DR. PROPOSED ANNEXAT I O N TO: TOWN OF LOS GATO S ENTITLED: TOP OF THE HILL ROAD # 7 VICINITY MAP JMH WEISS INC. - TOP OF civil engineer a nd land planners THE HILL RD. SAN JOSE CALIFORNIA DATE JAN. '9T 1 SCALE: I JMH3380 N A A° '2^' r