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2006-024-Making Determinations And Approving The Reorganization Of Territory Designated Kennedy Road No. 14 Located At 17222 Fawndale DriveRESOLUTION 2006 - 024 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "KENNEDY ROAD NO. 14," APPROXIMATELY 4.47 ACRES LOCATED AT 17222 FAWNDALE DRIVE (APN: 537 -19 -022 & 537 -20 -021) 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 4.47 acres on 17222 Fawndale Drive (APN: 537 -19 -022 & 537 -20 -021) has been filed by Donald Perrucci; 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 and 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 a public hearing; and WHEREAS, evidence was presented to the Town Council; NOW, THEREFORE, BE IT RESOLVED bythe Town Council ofthe Town ofLos Gatos as follows: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Kennedy Road No. 14," 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 4.47 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. 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 HR -5 (hillside residential, five (5) acres per lot). e. That the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. £ 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 malting 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 contiguous to existing Town limits. lt. 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 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 20 ' of March, 2006, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA September 30, 2003 EXHIBIT A TOWN OF LOS GATOS ANNEXATION KENNEDY ROAD NO. 14 All that certain real property situate in the County of Santa Clara, State of California, being described as follows: BEGINNING at the Southeasterly corner of that certain annexation to the Town of Lost Gatos entitled "Top of the Hill Road #5, said point also being in the Northerly line of that certain annexation to the Town of Los Gatos entitled "Kennedy Road #7, said point also being in the monument line of Kennedy Road (40 feet wide); thence along the Northerly line of Kennedy Road #7 the following courses and distances: North 80 °02'02" East 57.24 feet, along a tangent curve to the right, having a radius of 400.00 feet, through a central angle of 16 0 51'58 ", an arc distance of 117.75 feet, South 83 °06'00" East 110.61 feet, along a tangent curve to the left, having a radius of 200.00 feet, through a central angle of 34 °46'53 ", an are distance of 121.41 feet, North 62 1 0707" East 110.74 feet, along a tangent curve to the right, having a radius of 200.00 feet, through a central angle of 28 °21'21 ", an are distance of 98.98 feet, South 89 °31'32" East 165.88 feet, along a tangent curve to the right, having a radius of 100.00 feet, through a central angle of 56 °58'29 ", an are distance of 99.44 feet, South 32 °33'04" East 110.09 feet, along a tangent curve to the left, having a radius of 500.00 feet, through a central angle of 1 09 °01'49 ", an are distance of 78.80 feet, South 41 °34'53" East 105.21 feet, Page 1 of 3 EXHIBIT A along a tangent ` to the right, having a radius of 100.00 PPt, through a central angle of 44 0 00'00 ", ax. , distance of 76.79 feet, South 02 °25'07" West 62.11 feet, along a tangent curve to the right, having a radius of 100.0 feet, through a central angle of 95 °48'54" , an are distance of 167.23 feet, North 81 °45'59" West 14.96 feet, North 80 °45'59" West 196.64 feet, North 74 0 44'14" West 179.05 feet, along a tangent curve to the left, with a radius of 60.00 feet, through a central angle of 162 °05'00 ", an are distance of 169.73 feet to the point of intersection with the Northerly prolongation of the Southeasterly line of that certain parcel of land conveyed to G.A. Shaffer by Deed recorded February 7, 1958 in Book 4001, page 141, Santa Clara County Records; thence along said Southeasterly line, South 02 °30'00" East 23.20 feet to the Southerly line of Kennedy Road (40 feet wide); thence leaving said North line of said Kennedy Road No. 7 along the said Southerly line of Kennedy Road, along a curve to the left having a radius of 80.00 feet, through a central angle of 11 ° t 5'00 ", an arc distance of 15.71 feet; thence North 12't 1'26" East 40.00 feet to the Northerly line of Kennedy Road (40.00 feet in width); thence along said Northerly line the following courses: along a curve to the right, having a radius of 40,00 feet, from a point with a radial bearing of North 12 °11'26" East, through a central angle of 183 °04'20 ", an arc distance of 127.81 feet, South 74 °44'14" East 180.10 feet, i South 80 °45'59" East 197.87 feet, South 81 °45'59" East 15.13 feet, along a tangent curve to the left, having a radius of 120,00 feet, through a central angle of 95 °48 ", an arc distance of 200,67 feet, North 02 °25'07" East 62.11 feet, along a tangent curve to the left, having a radius of 120.00 feet, through a central angle of 33 0 38'57 ", an arc distance of 70.47 feet to the South line of Parcel B, as said Parcel, is shown upon that certain Record of Survey field in Boole 216 of Maps at page 21, Santa Clara County Records; thence along said South line, North 88 °57'47" East 281.46 feet to the Southeast corner of said Parcel B; thence along the East line of said Parcel B, North 01 °02'13" West 179.46 feet; thence leaving said East line, South 49 °56'03" East 156.57 feet; thence South 66 0 41'11" East 158.74 feet; thence North 10 °57'57" East 8.02 Page 2 of 3 feet; thence North 47 °1' ' "T' East 77.65 feet; thence North 01 °50 " - " Fast 49.67 feet; thence North 62 °21'02" West — .40 feet; thence North 70 °28'13" West i- 2 feet; thence South 86 °37'06' West 69.93 feet to the East line of said Parcel B; thence along said East line, North 01 °02'13" West 57.98 feet; thence leaving said East line, North 59 °05'54" West 346.96 feet; thence South 00 °59'13" East 458.80 feet to the said Northerly line of Kennedy Road; thence along said Northerly line the following courses; North 41 °34'53" West 103.91 feet, along a tangent curve to the right, having a radius of 480.00 feet, through a central angle of 09 °01'49 ", an arc distance of 75.65 feet, North 32 °33 West 110.09 feet, along a tangent curve to the left, having a radius of 120.00 feet, through a central angle of 56 0 58'29 1 , an are distance of 119.33 feet, North 89 °31'32" West 165.88 feet, along a tangent curve to the left, having a radius of 220.00 feet, through a central angle of 28 °21'21 ", an arc distance of 108.88 feet, South 62 °07'07" West 110.74 feet, along a tangent curve to the right, having a radius of 180.00 feet, through a central angle of 34 °46'53 ", an are distance of 109.27 feet, North 83 °06'00" West 110.61 feet, along a tangent curve to the left, having a radius of 420.00 feet, through a central angle of 16 °51'58 an arc distance of 123.64 feet, and South 80 °02'02" West 53.84 feet to the East line of said Top of the Hill Road #5 Annexation; thence along said East line, South 00 19 East 20.29 feet to the said point of beginning, containing 4.47 acres of land, more or less. 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