2011-021 - Revised Resolution Peacock Lane No. 2RESOLUTION 2011 -021
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
PEACOCK LANE NO. 2
APPROXIMATELY 2.8 ACRES
LOCATED AT 16417 PEACOCK LANE AND 16200 SHANNON ROAD
(APNs: 532 -02 -028 & 075)
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 2.8
acres located at 16417 Peacock Lane and 16200 Shannon Road (APNs 532 -02 -028 & 075), and
including Peacock Lane right -of -way, has been filed by Erik Vanderburg and Daniel Bainbridge;
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 conducting 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:
That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of properly designated as Peacock Lane No. 2, more particularly described
in Exhibit A and B;
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately 2.8 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.
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 pre - zoning the subject
territory with an R -1:20 (single family residential, 20,000 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 while the proposed annexation will create an island, it will facilitate efficient
municipal services including road maintenance.
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 a Town boundary.
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 all owners of land within the affected territory have provided written consent to the
reorganization and no subject agency has submitted written opposition to a waiver of
protest proceedings.
FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest
proceedings.
FURTHER RESOLVED, that upon completion of these reorganization proceedings the
territory described in Exhibits A and B will be annexed to the Town of Los Gatos and will be
detached from the Santa Clara County Library Service Area.
FURTI-fER 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 by the Town Council of the Town of Los Gatos,
California, at a meeting thereof held on the 18` day of April, 2011 by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN:
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ATTES
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E OF THE TOWN OF LOS GATOS
LO ATOS, CALIFORNIA
SIGNE :
MAY OF THE OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
ANNEXATION LINE OF PEACOCK LANE NO. 2 TOWN OF LOS GATOS
Situate in Rancho Rinconada De Los Gatos, County of Santa Clara, State of California
Being all of the lands conveyed to Erik J Van Der Burg and Patti G Van Der Burg, trustees of the
Van Der Burg Revocable Inter Vivos Trust, by Grant Deed dated September 30, 2004 and recorded
April 13, 2005 as document number 18320717 of Official Records, Santa Clara County Records
and;
Being all of the lands conveyed to Daniel C. Bainbridge and Mary-Lynne T. Bainbridge, husband
and wife, or Successor(s), Trustees of the Bainbridge Family Trust, by Grant Deed dated June 22,
1988 and recorded April 13, 2005 as document number 9816345 of Official Records, Santa Clara
County Records and being more particularly bounded and described as follows to wit: .
Beginning at the point of intersection of the southern right -of -way line of Shannon Road with the
westerly line of that certain annexation entitled "Blossom Hill No. 2,' also being the northeastern
cornerof Lot 1, as said lot is shown and delineated on that certain Tract Map entitled "Tract No. 527
A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at Page 51, Santa Clara
County Records.
Thence from said point of beginning leaving said western annexation line and along said
southern right -of -way line of Shannon Road [1] North 78° 54' West 115.00 feet to the eastern right -
of -way line of Peacock Lane as shown on said aforementioned Tract Map;
thence along said eastern right -of -way line of Peacock Lane [2] along a curve concave to the
southeast with a radius of 20.00 feet through a central angle of 91' 00' 00" and a distance of 31.77
feet;
thence continuing along said eastern right -of -way line of Peacock Lane [3] South 10 06' West
318,68 feet;
thence [4] along a curve concave to the north with a radius of 40.00 feet through a central angle of
91 00' 00" and a distance of 63.53 feet to the southeast corner of Parcel Two of said Lands of Van
Der Burg;
thence leaving said line of Peacock Lane along the southwestern boundary of Parcel Two of Said
Lands of Van Der Burg [5] North 78° 54' West 8.74 feet to the northeast corner of that certain
annexation entitled 'Peacock Lane No. 1,' and recorded as document number 14562220, Official
Records of Santa Clara County; `
thence along said last mentioned boundary [6] North 78 54' West 20.00 feetto an angle point in the
northeasterly line of that certain annexation entitled'Bonnie Lane No. 4,' and recorded as document
number 7660170 of Official Records, Santa Clara County Records;
thence leaving said annexation line of Peacock Lane No.1 and along said annexation line of Bonnie
Lane No. 4, the following courses and distances:
[7] North 78 54' West 138.74 feet to an angle point therein
EXHIBIT A
of Attachment
[8] North 12° 00' East 8.83 feet to an angle point;
[9] North 78 56' West 62.43 feet to an angle point;
[10] North 10° 59' East 11D.00 feet to an angle point;
[11] North 9° 29' East 75.00 feet to the southeastern corner of that certain annexation
entitled `Shannon Road No, 4;'
thence leaving said annexation line of Bonnie Lane No. 4 and along the easterly annexation line of
said Shannon Road No. 4 [12] North 9° 29' East 216.00 feet to an angle point;
thence [13] North 6° 12'53" West 20.95 feet to an angle polnt in the southwesterly annexation line
of said Blossom Hill No. 2;
thence leaving said annexation line of Shannon Road No. 4 and along said annexation line of
Blossom Hill No. 2 [14] South 78° 54' East 413.00 feet to an angle point;
thence [15] South 10° 06' West 50.01 feet to the point of beginning, and
Excepting therefrom Lots 7, 8 and 9, as said lots are shown and delineated on that certain Tract
Map entitled 'Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at
Page 51, Santa Clara County Records, and
Being a parcel of 2.80 acres, more or less
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 any offer for sale of the land
described..
Surveyed and Compiled in July 2010 by Dunbar and Craig Land Surveys, Inc.
File no. 2010 -097
G.
N o. 6616
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CURT G. DUNBAR PLS 5615 RENEWAL
Drawn By JPH
Checked By
September 15, 2010
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