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2009-086 - Setting Date For Consideration Of Reorganization Of Uninhabited Territory Designated Topping Way No. 6, Property Located At 16511 Topping Way; Approximately .24 Acers (Apn: 532-09-002)RESOLUTION 2009 -086 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED TOPPING WAY NO. 6, PROPERTY LOCATED AT 16511 TOPPING WAY; APPROXIMATELY .24 ACRES (APN: 532 -09 -002) WHEREAS, the Town Council of the Town of Los Gatos has received a request for am of territory designated Topping Way No. 6 from David & Heidi Zinman; and WHEREAS, the property, .24 acres, more or less, at 16511 Englewood Avenue, APN: 532- 09 -002, is adjacent to a Town boundary and within its urban service area; and WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted an ordinance over 20 years ago pre- zoning the subject territory with an R -1:8 (single family residential, 8,000 sq. ft. minimum lot size) zoning designation; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization has determined annexation of the subject property is exempt for the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B ") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Councils of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this 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; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation to the territory designated as Topping Way No. 6 at their regular meeting of August 17, 2009. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3 rd of August 2009, by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA a F THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA POINT OF Q S 77 °34'15" E 80.00' IBEGINNING Imo-, R uo N 'FIA07 Fj\jC), -; MOOD: A ORES r to jA11, 50 ,N ti LOT 69 LANDS OF ZINMAN APN 532 -09 -002 10,515 SQ. FT.± 0.24140 ACRES± Jr 0 (2) 80.00' . - ANNEXATION "TOPPING WAY NO. 5" APN 532 -09 -027 BY RESOLUTION NO, 2008 -045 MAY 08, 2008 TOPPING WAY (60' WIDE RIGHT OF WAY) 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. EXISTING CITY LIMITS LINES (STR CENT � 8S o� AVE, �ENGLEWOOD AVE. v SHANNON RD, HILOW RD SITE 11 ),.PND So ri J EX 'L N0.765 OF 0 VICINITY MAP — NOT TO SCALE 1 � PLAT ACCOMPANYING LEGAL DESCRIPTION A NNEXATION -- TOPPING WAY NO.6 LAND SURVEYiNI3 ®RYAN 13. TAYL13R INC. 270 PELICAN COURT - FOSTER CITY, CA 94404 TEL: 650.212 -1030 FAX: 650,212 -1031 EXHIBIT 'B" ' RA NCHO RINCONA I SC AL E SH E E T DE LOS GATOS ' 0' OF 1 SANTA CLARA COUNT] DATE JOB CALIFORNIA 06/09 09-054 ,1 30 0 15 30 1 60 Lo (IN FEET) OD 1 INCH = 30 FEET C ANLEXA TION "TOPPING WAY NO, 2" Q E) APN 532 -09 -001 BY RESOLUTION NO. 2003 -11 SEPT 15, 2003 (2) 80.00' . - ANNEXATION "TOPPING WAY NO. 5" APN 532 -09 -027 BY RESOLUTION NO, 2008 -045 MAY 08, 2008 TOPPING WAY (60' WIDE RIGHT OF WAY) 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. EXISTING CITY LIMITS LINES (STR CENT � 8S o� AVE, �ENGLEWOOD AVE. v SHANNON RD, HILOW RD SITE 11 ),.PND So ri J EX 'L N0.765 OF 0 VICINITY MAP — NOT TO SCALE 1 � PLAT ACCOMPANYING LEGAL DESCRIPTION A NNEXATION -- TOPPING WAY NO.6 LAND SURVEYiNI3 ®RYAN 13. TAYL13R INC. 270 PELICAN COURT - FOSTER CITY, CA 94404 TEL: 650.212 -1030 FAX: 650,212 -1031 EXHIBIT 'B" ' RA NCHO RINCONA I SC AL E SH E E T DE LOS GATOS ' 0' OF 1 SANTA CLARA COUNT] DATE JOB CALIFORNIA 06/09 09-054 LAND SURVEYING BRYAN (3" ` AY LaR, 11NO, 270 Pelican Court , Foster City, CA 94404 TEL, 650,212.1030 FAX; 6 Serving the Salt Francisco Bay area CA State Licensed Land Surveyor Number: 7531 TOPPING WAY NO.6 ANNEXATION TO THE TOWN OF LOS GATOS Lands of Zinman — portion of Rancho Rinconada De Los Gatos Situate in the County of Santa Clara, State of California, and being Lot 69, as shown on that certain map entitled, "Tract No. 328, Kenwood Acres...." filed in the office of the Recorder of the County of Santa Clara, State of California, on June 25, 1946 in Book 10 of Maps at pages 56, being more particularly described as follows: BEGINNING at the most northeasterly corner of said Lot 69, said point also being the most northwesterly corner of the parcel annexed to the Town of Los Gatos adopted by Resolution entitled "Topping Way No. 2 ", on September 15, 2003. thence along the easterly line of said Lot, and along the westerly boundary of the Town of Los Gatos per said Resolution, South 12 °08'15" West, a distance of 131.24 feet, to the most southeasterly corner of said Lot, being a point on the northerly line of the parcel annexed to the Town of Los Gatos adopted by Resolution entitled "Topping Way No. 5 ", on May 08, 2008; 2. thence along the southerly boundary of said Lot, and along said Resolution, North 77 °51'45" West, a distance of 80.00 feet, to the southwesterly corner of said Lot; 3. thence leaving said Resolution, along the westerly line of said Lot, North 12 °08'15" East, a distance of 131.64 feet, to the northwesterly corner of said Lot; 4. thence along the northerly line of said Lot, South 77 °34'15" East, a distance of 80.00 feet, to the Point of Beginning; Containing an area of 10,515 square feet (0.24140 acres), more or less END OF DESCRIPTION The herein described annexation parcel is shown on the attached map, Exhibit B, of this legal description, and is made a part hereof. This description was prepared by me from record data, and shall not be used in any conveyance which may be in violation. of the Subdivision Map Act. Bryan G. Taylor, PLS License No. 7551, Expires 12/31/09 Job; 09.054 \ ,N ND U c � G r�r�v OFCP -�� r '2?- jQNr -, zoo Date Page 1 of 1