2003-141 - Approve Reorganization Of 16465 Hilow Rd Hilow Rd No. 1RESOLUTION 2003 -141
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
"HILOW ROAD NO. 1,"
APPROXIMATELY 0.719 ACRES
LOCATED AT 16465 H1LOW ROAD
(APN: 532 -04 -067)
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 0.719 acres
on 16465 Hilow Road (APN: 532 -04 -067) has been filed by Brian Kelly of Kelly- Gordon
Development Corporation; 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
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 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 " Hilow Road No. 1," 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 0.719 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 20 years ago pre- zoning the subject
territory with an R1:8 (single family residential, 8,000 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.
L 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 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.
i. That the proposed annexation is consistent with the Town's General Plan.
That the territory to be annexed is contiguous to existing Town limits.
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 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 15' of
December, 2003, by the following vote:
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN: None
SI D:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
"HILOW No. V
All of that certain real property situate in the Unincorporated Area. County of Santa Clara, State
of California, described as follows:
BEGINNING at the Southwesterly most corner of Lot 9 as shown on that certain Tract Map
entitled "Tract No. 616" and recorded in Book 26 of Maps at page 9, Santa Clara County
Records: thence proceeding along the Northerly line of said Lot 9 N19 °40'00 "E 75.00 feet to
the Northwesterly most corner thereof, thence S70 019'55 "E 142.15 fleet to the Northeasterly
most corner of said Lot 9, said point also being on the Westerly boundary of Hilow Road as
shown on said Map; thence S70 019'55 "E 60.00 feet to a point on the Easterly boundary of
Hilow Road; thence proceeding along said Easterly boundary of Hilow Road S19040'05"W
117.52 feet to a point of tangency; thence continuing along said Easterly boundary of Hilow
Road along a curve to the left with a radius of 242.73 feet, an included angle of 34 025'25" and
a length of 145.83 feet to a point of reverse curvature; thence along a curve to the right with a
radius of 205.00 feet, an included angle of 19 027'20" and a length of 69.61 feet to a point of
tangency; thence continuing along said Easterly boundary of Hilow Road SO4 042'00 "W 6.94
feet to a point on the Northerly boundary of the annexation to the Town of Los Gatos entitled
"Country School," Ordinance No. 459 dated 2- 24 -58; thence leaving said Easterly boundary of
Hilow Road and proceeding along said Northerly boundary of annexation "Country School"
N78 040'30 "W 60.40 feet to a point on the Westerly boundary of said Hilow Road, said point
also being on the boundary of the annexation to the Town of Los Gatos entitled "Topping Way
No. 2 "; thence leaving said boundary of annexation "Country School" and proceeding along
said Westerly boundary of Hilow Road along a curve to the left with a radial bearing of
N85 018'00 "E, a radius of 145.00 feet, an included angle of 19 027'20" and a length of 49.24 feet
to a point of reverse curvature; thence continuing along said Westerly boundary of Hilow Road
on a curve to the right with a radius of 302.73 feet, an included angle of 34 025'25" and a length
of 181.88 feet to a point of tangency; thence continuing along said Westerly boundary of Hilow
Road N19 °40'05 "E 42.52 feet to the Southeasterly most corner of aforementioned Lot 9; thence
leaving said Westerly boundary of Hilow Road and proceeding along the southerly boundary of
said Lot 9 N70 019'55 "W 142.15 feet to the southwesterly most comer of said Lot 9 and the
POINT OF BEGINNING of this description.
Containing 31,318 square feet (0.72 acre) more or less and including all of the aforementioned
Lot 9.
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