1997-069-Ordering The Reorganization Of Certain Uninhabited Territory Designated As Top Of The Hill RoadRESOLUTION 1997 -69
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ORDERING THE REORGANIZATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
TOP OF THE HILL ROAD NO. 7
TO THE TOWN OF LOS GATOS
WHEREAS, the proposed reorganization to the Town of Los Gatos consisting of all that
unincorporated territory designated as Top of the Hill Road No. 7 Reorganization, located
generally at northerly terminus of Top of the Hill Road in the County of Santa Clara is proposed
for Reorganization to the Town of Los Gatos pursuant to Division 3 of Title 5, commencing with
Section 56000 et seq. of the Government Code;
WHEREAS, the Town of Los Gatos is authorized by Section 56826 to act as the
conducting authority with exclusive power to approve reorganizations within its urban service
area;
WHEREAS, the Town of Los Gatos has received a petition signed by all the owners of
land within the territory to be annexed, and pursuant to Section 56837 of the Government Code,
the Town Council of the Town of Los Gatos may initiate proceedings to reorganize said territory
without notice, hearing or election, in the manner described in Section 57002 (c) of the
Government Code of the State of California;
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California that the following findings are true and correct:
The unincorporated territory is within the Town's urban service area as adopted by the
Local Agency Formation Commission of Santa Clara County.
The County Surveyor has determined that the boundaries of the proposed reorganization
are definite and certain and in compliance with the Santa Clara County Local Agency
Formation Commission road annexation policies.
3. The proposal does not split lines of assessment or ownership.
4. The proposed reorganization does not create islands or areas in which it would be difficult
to provide municipal services.
N:\DEV\R E S O S \TO P H I L L7. R E S
The proposal is consistent with the Town's adopted general plan.
The territory is contiguous with the Town's boundaries.
The Town has complied with all conditions imposed by the Local Agency Formation
Commission of Santa Clara County for inclusion of the territory in the urban service area
of the Town.
The project is exempt from C.E.Q.A. under the provisions of the California Administrative
Code, Title 14, Section 15061(b)(3).
9. The territory is "Uninhabited" as defined in Section 56046 of the Government Code of the
State of California
10. The reason for the proposed reorganization is to properly plan and provide municipal
services to the area that is contiguous to the Town.
11. All of the owners of property within the territory proposed for reorganization have
consented to the annexation.
FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal
corporation of the County of Santa Clara, State of California, that pursuant to the provisions of
Section 57075 of the Government Code of the State of California, the annexation to the Town of
Los Gatos of that territory designated as Top of the Hill Road No. 7, and described in real
property description and map attached hereto, marked Exhibits "A "and "B ", respectively, is
approved, and that the same be annexed to the town of Los Gatos.
FURTHER RESOLVED, that upon completion of these reorganization proceedings the
territory annexed will be taxed on the regular county assessment roll, including taxes for existing
bonded indebtedness.
FURTHER RESOLVED, that upon completion of these reorganization proceedings the
territory annexed will be detached from the Santa Clara County Library Service Area.
FINALLY RESOLVED, that the Town Clerk is authorized, and is hereby directed,
pursuant to Section 57200 of the Government Code, to prepare under seal a certified copy of this
resolution, giving the date of passage, and immediately transmit same along with a remittance to
cover the fees required by Section 54902.5 of the Government Code to the Executive Officer of
the Local Agency Formation Commission of Santa Clara County.
N: \D EV\R ESMTOP H I LLT RES
PASSED AND ADOPTED at a regular meeting of the Town Council held on June 16,
1997, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
,MAYOR OF THE T WN JOF /OS GATOS
LOS GATOS, CALIFORNIA)
ATTEST:
Gj
CLERK OF THE TOWN OF LO IATOS
LOS GATOS, CALIFORNIA
N:\DE V\RESOS \TOPH ILLTRES
Exhibit "A"
Annexation to Town of Los Gatos
Top of the Hill Road #7
That certain property that is situated in the State of California, County of Santa Clara being a
portion of the Northwest 1/4 of Section 23, Township 8 South, Range 1 West, M.D.B. & M.,
being more particularly described as follows:
Beginning on the South line of the Northwest 1/4 of said Section 23 at the Southwest comer of the
5950 acre tract of land conveyed to George P. Allen by deed recorded July 1, 1884, in Book 73 of
Deeds, at Page 551 of Santa Clara County records; thence S 89 °30' W along the South line of said
Northeast 1/4 Section 23, 853 feet more or less to a Northeasterly corner of Shannon Road No. 13
annexation to the Town of Los Gatos, thence continuing along said South line and a Northerly line
of said Shannon Road No. 13 annexation, S 89130'W 335 feet more or less to a stake marked SC6
standing at the Southeast comer of the 26.68 acre tract of land conveyed to C.E. Anderson by deed
recorded February 10, 1913 in Book 397 of Deeds, at Page 79, Santa Clara County records;
thence along an Easterly line of said Shannon Road No. 13 annexation the following courses and
distances:
N25000'E
396.66 feet; thence
N3020'W
172.92 feet; thence
N9045'E
53.46 feet; thence
N28000'E
163.84 feet; thence
N66006'E
34.59 feet; thence
N31005W
24.87 feet; thence
N28000'E
238.36 feet; thence
N50000'W
8.58 feet; thence
N30000'E
76.56 feet; thence
N44030'E
19.80 feet
to the most Westerly corner of the 7.00 acre tract of land conveyed to R.W. Shannon by deed
recorded June 21, 1894 in Book 172 of Deeds, at Page 48, Santa Clara County Records, said point
being also the most Northerly corner of the 16 acre tract of land conveyed to R.G. Woodward by
deed dated August 27, 1892 in Book 486 of Deeds, at Page 480, Santa Clara County Records;
thence leaving said Shannon Road No. 13 annexation and proceeding Southeasterly along the lands
conveyed to Woodward and the Southwesterly line of said 7.00 acre tract of land, S 37 °26'45 "E
538.24 feet more or less to an angle point in the lands conveyed to Woodward and the
Southwesterly line of said 7.00 acre tract of land; thence South 216.94 feet; thence East 440.88
feet to a stake standing in the West line of said 59.50 acre tract of land, thence continuing along the
West line of said 59.50 acre tract of land, South 40656 feet to the point of beginning, containing
15.95 acres more or less and being designated APN 537 -24 -022.
J.M.H. Weiss 43380
January 14, 1997
Revised April 8, 1997
KE R. WEl
Alp-
No. 00 139
/Z
cP EXP'
N 44 *30'E
19.80'
SUVIEW
DRIVE
N31.05'W
24.87'
'N 66.06'E
34. 59'
n
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A0.
t�
28 °00'E
238.36'
N 28000'E
163.84'
9°45'E
53.46'
N 3 °20'W
II 172.92'
I
N 25aOO'E
396. 66'
S 89. 30'W
EXISTING TOWN OF I
LOS GATOS LIMITS I
LINE AS ESTABLISHED
BY SHANNON ROAD
N0. 13
I
kFhH oy
5
N 30. 00' E 76.56'
N 50 °00'W 8.58'
S 37.26'45 "E
538.24'
t.AN.D�Fj���
No 167139
Exp v
eOF CAL,F�%
' SOUTH
216.94' EAST
440.88'
A.PN. 537 - 24 -022
S 89030,w
I.--- -SOU T H
1 406.56'
P. 0. B.
853.00'
—. = BOUNDARY LINE OF PROPOSED ANNEXATION
EXISTING TOWN LIMITS LINE
TOTAL AREA= 15.95 ACRES
HORTR0. EXHIBIT B"
r
Ro SUVIEW DR. PROPOSED ANNEXATION
SITE TO: TOWN OF LOS GATO S
ENTITLED: TOP OF THE HILL ROAD # 7
JMH WEISS, INC.
TOP OF
THE HILL RD. civil engineers and land planners
lT Y MAP SAN JOSE CALIFORNIA
riole DATE JAN. '97 1 SCALE: I 200' JMH3380