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2014-062 - Approve Reorganization of Hilow Road No 5 - 16442 Hilow RdRESOLUTION 2014 -062 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED AS HILOW ROAD NO.5 APPROXIMATELY 0.26 ACRES LOCATED AT 16442 HILOW ROAD APN: 532 -04 -076 ANNEXATION APPLICATION: AN -14 -003 PROPERTY OWNER: RACHEL PARRINELLO, HILOW VENTURES, LP 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 0.26 acres located at 16442 Hilow Road (APN 532 -04 -076), has been filed by Rachel Parrinello, Hilow Ventures, LP; 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 if 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: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Hilow Road No. 5, 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 0.26 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. 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 -1:8 (single - family residential, 8,000 sq. ft. minimum lot size) zoning designation. e. That the territory is within the Town's 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 the proposed annexation will not create an island, and will facilitate provision of efficient municipal services. 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. BE IT FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest proceedings. BE IT 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. 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 of the Town of Los Gatos, California, held on the 16th day of September, 2014, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardis NAYS: ABSENT: ukllw. "12 MAYOR OF THE TOWNai LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT "A" GEOGRAPHIC DESCRIPTION ANNEXATION TO THE TOWN OF LOS GATOS HILOW ROAD NO. 5 All that certain real property situated in the County of Santa Clara, State of California, being a part of Rancho Rinconada De Los Gatos, more particularly described as follows: Beginning at the existing Los Gatos Town Limits, said point being the most Southeasterly corner of annexation to the Town of Los Gatos entitled " Hilow Road No. 2 ", said point also being on the Easterly right of way line of Hilow Road (60 feet wide); thence along said Town limits and right of way line North 19 Degrees 40 Minutes 05 Seconds East a length of 121.44 feet to the Northwesterly corner of Lot 1 as shown on the subdivision map of Tract No. 1016 recorded in Book 48 of Maps at Page 31 Santa Clara County Records and True point of beginning; Thence (1) leaving said Town limits and right of way line South 70 Degrees 19 Minutes 55 Seconds East a length of 172.07 feet to the Northeasterly comer of said Lot 1; Thence (2) southerly along the tract boundary South 19 Degrees 40 Minutes 00 Seconds West a length of 67.00 feet to the Southeasterly corner of said Lot 1; Thence (3) North 70 Degrees 19 Minutes 55 Seconds West a length 172.07 feet to the Easterly right of way line of Hilow Road ( 60 feet wide) and said Town limits; Thence (4) along said town limits and right of way line North 19 Degrees 40 Minutes 05 Seconds East a length of 67.00 feet to the True point of beginning. Containing 0.26 acres more or less W IZF "oo —� No. 4953 Disclaimer: * Exp. 12-31-2015 "For assessment purposes only. This description of Land is not a legal property description a defined in 9TFOF- CA��F�P The Subdivision map Act and may not used as The basis for an offer for sale of the land Described." Revised: July 10, 2014 SCALE: 1"=40' 0 40 80 _ � Q max° hS) 30, Q N P 01t O rQ0 /S O 4 2� i � P a N/ O O ,r _rn o° VICINITY MAP E 1> 0, APN 532 -04 -076 LOT 1, TRACT 1016 48 MAPS 31 O C3) �101 / AND No. 4953 * ,. 12-31-2015 LEGEND PROPERTY LINE CENTERLINE EXISTING TOWN LIMIT LIMIT OF ANNEXATION AREA WITHIN ANNEXATION 0.26 ACRES. 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 on offer for sale of the land described." BEING A PART OF RANCHO EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS HILOW ROAD NO. 5 ANNEXATION DATE: 5 -3 -2014 JJOB. NO. 2014 -033 8Y: HARRY BABICKA I REVISED: 7- 10-2014 SHEET 1 OF 1 WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA EXHIBIT B