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2016-013 - Approve the reorganization of Hilow Road No. 6 at 16362 Hilow RdRESOLUTION 2016 -013 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS HILOW ROAD NO. 6 PROPERTY LOCATED AT 16362 HILOW ROAD APPROXIMATELY 0.27 ACRES (APN: 532 -04 -082) ANNEXATION APPLICATION: AN16 -001 PROPERTY OWNER: VALY JALALIAN 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 0.27 acres located at 16362 Hilow Road (APN: 532 -04 -082), has been filed by the property owner, Valy Jalalian; 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 a 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. 6, more particularly described in Exhibits A and B. 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.27 acres. b. 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 the California Environmental Quality Act (CEQA) under Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA Section 15061(b)(3): Review for Exemption. d. The Town Council enacted Ordinance 1268 in 1975 pre- zoning the subject territory with an R -1:8 (single - family residential, 8,000 - square foot minimum lot size) zoning designation. e. The territory is within the Town's Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County. f. 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. The proposed annexation will not create an island, and will facilitate provision of efficient municipal services. h. The proposed annexation does not split lines of assessment or ownership. i. The proposed annexation is consistent with the Town's General Plan. j. The territory to be annexed is contiguous to a Town boundary. k. 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. 4. Pursuant to Section 56663(c) the Town waives protest proceedings. 2of3 Resolution 2016 -013 April 5, 2016 5. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area. 6. 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 5th day of April, 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: ABSENT: Steve Leonardis ABSTAIN: SI D: MAYOR O THE TOWN OF LOS GATOS LOS OS, ALI ORNIA DATE: ATTEST: CLERK A�RAATTO OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 3 of 3 Resolution 2016 -013 April 5, 2016 EXHIBIT 'A' ANNEXATION TO THE TOWN OF LOS GATOS HILOW ROAD NO. 6 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being Lot 18 as shown on the map entitled "TRACT NO. 616 ", filed on January 17, 1950 in Book 26 of Maps at Pages 8 and 9, Santa Clara County records; being a part of Rancho Rinconada de Los Gatos, more particularly described as follows: BEGINNING at the northeast corner of that certain annexation to the Town of los Gatos entitled " HILOW ROAD NO. 4 ", said point being on the southeasterly line of Hilow Road, 60.00 feet wide; Thence along the southeasterly line of said " HILOW ROAD NO. 4" annexation, (1) South 190 40'05" West, 196.70 feet to the TRUE POINT OF BEGINNING, being the most northerly corner of said Lot 18; Thence (2) leaving said southeasterly line, along the northeasterly line of said Lot 18, South 700 19' 55" East, 157.06 feet to the most easterly corner of said Lot 18; Thence (3) leaving said northeasterly line, along the southeasterly line of said Lot 18, South 190 40' 00" West, 75.00 feet to the most southerly corner of said Lot 18; Thence (4) leaving said southeasterly line, along the southwesterly line of said Lot 18, North 700 19' 55" West, 157.06 feet to a point on the southeasterly line of said " HILOW ROAD NO. 4" annexation; Thence (5) leaving said southwesterly line, along said southeasterly line, North 190 40' 05" East, 75.00 feet to the TRUE POINT OF BEGINNING and containing 0.270 acres of land, more or less. END OF DESCRIPTION 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. Kristina D. Comerer, PLS 6766 Rev. Date: f � C. C. ° `.%OF cnuFo LOCATION MAP EXHIBIT B PROPOSED ANNEXATION TO GATOS BLVD. TOWN OF LOS GATOS HILOW ROAD NO. 6 ROBIE LN. m LYING WITHIN qqNUFvD v o UNINCORPORATED AREA OF CHIQUITA lz AVENUE z SANTA CLARA COUNTY, CALIFORNIA HIL z SCALE: I" = 50' JANUARY 2016 SITE ' TRACT IVU. 6133 203 MAPS 0 & 9 EXISTING TOWN OF LOS GATOS O HILOW ROAD HILOW ROAD N0. 4 ANNEXATION _ WI O N 19'40'05" E S 19'40'05" W 196.70 1 75.00 5 TRUE POINT OF POINT OF I_ BEGINNING BEGINNING zm� �g u) a „ao d�n n z °oo 0 oN (7ODyL �N N aN �o �nz�Iv o m Lo V Nx �a0 I s I A ��[C O �l O iG 0) n 00 O \O W O 00 1.A C � r rn rn w CR LS 6766 75.00 Ep. * / S 19'40'00" W KRISTINA D. COMERER PLS 6766 REV. DATE: 2 0; 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. RANCHO RINCONADA DE LOS GATOS LEGEND BOUNDARY LINE OF PROPOSED ANNEXATION EXISTING TOWN OF LOS GATOS BOUNDARY CROSS LAND SURVEYING, INC. 2210 MT. PLEASANT ROAD WL SAN JOSE, CA 95148 or (408) 274 -7994 PROJECT NO. 15 -120