2016-044 - Approve the reorganization of Marchmont Dr. No 4 at 16709 Marchmont DrRESOLUTION 2016 -044
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS
MARCHMONT DRIVE NO.4
PROPERTY LOCATED AT 16709 MARCHMONT DRIVE
APPROXIMATELY 0.28 ACRES (APN: 532 -09 -044)
ANNEXATION APPLICATION: AN16 -004
PROPERTY OWNER: RACHEL PARRINELLO
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos
and detachment of said territory from the Santa Clara County Library Service Area, consisting of
0.28 acres located at 16709 Marchmont Drive (APN: 532 -09 -044), has been filed by Rachel
Parrinello (property owner); 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 Marchmont Drive No. 4, more particularly described in
Exhibits A and B.
That the following findings are made by the Town Council of the Town of Los Gatos:
a. Said territory is uninhabited and comprises approximately 0.28 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.
It. 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.
2. 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.
3. Pursuant to Section 56663(c) the Town waives protest proceedings.
4. 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.
2 of 3
Resolution 2016 -044 August 16, 2016
5. 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 16`" day of August, 2016, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS: None
ABSENT: None
ABSTAIN: None
A
MAYOR 9P THE TONVN OF LOS GATOS
LOS OS, CALIFORNIA
DATE: a
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3 of 3
Resolution 2016 -044 August 16, 2016
EXHIBIT "A"
GEOGRAPHIC DESCRIPTION
MARCH MONT DRIVE NO. 4 ANNEXATION TO THE TOWN OF LOS GATOS
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF
SANTA CLARA , STATE OF CALIFORNIA, BEING A PART OF RANCHO RINCONADA DE LOS GATOS ,
DESCRIBED AS FOLLOWS :
BEING LOT 49 , AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 328 KENWOOD ACRES," FILED
FOR RECORD JUNE 25 , 1946 , IN BOOK 10 OF MA PS AT PAGE 56, SANTA CLARA COUNTY RECORDS AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 49 ON THE EXISTING TOWN LIMITS
ESTABLISHED BY MARCHMONT DRIVE NO. 3 ANNEXATION;
(1) THENCE LEA VING SAID TOWN LIMITS NORTH 33 °18 '00" EA ST 142 .00 FEET ALONG THE
WESTERLY LINE OF SAID LOT TO THE EXISTING TOWN LIMITS ESTABLISHED BY TOPPING WAY
NO . 3 ANNEXATION ;
(2) THENCE SOUTH 73 °20'45 " EAST 90 .02 FEET ALONG THE NORTHERLY LINE OF SAID LOT AND
EXISTING TOWN LIMITS ;
(3) THENCE LEAVING SAID TOWN LIMITS SOUTH 33 °18'00" WEST 142 .00 FEET ALONG THE
EASTERL Y LINE OF SA ID LOT TO THE EXISTING TOWN LIMITS ESTABLISHED BY SAID
MARCHMONT DRIVE NO . 3 ANNEXATION ;
(4) THENCE NORTH 73 °2 0'45" EAST 90 .02 FEET ALONG THE SOUTHERLY LINE OF SAID LOT AND
EXISTING TOWN LIMITS TO THE POINT OF BEGINNING ;
CONTA INING 0 .2 8 ACRES , MORE OR LESS.
SEE EXHIBIT B FOR THE ACCOMPANYING MAP, ATTACHED HERETO AND MADE A PART THEREOF .
FOR ASSESSMENT PURPO SES ONLY . THIS DESCRIPTION OF LAND I S NOT A LE GAL PROPERTY
DESCRIPTION AS DEFINED IN THE SUBD IVISI ON MAP ACT AND MAY NOT BE USED AS THE BASIS FOR
AN OFFER FOR SALE OF THE LAND-DESCRIBED .
LC E N G INE ERI NG
598 E San ta C l ara S t , S u i t e 2 7 0 , San J ose , CA 951 1 2 SH E ET 1 Of 2
PREPARED ON MARCH 22 , 2016
REV ISED JUNE 13, 2016
LC ENGINEERING
E X PIRAT I O N DA TE 1 2 /3 1 /201 6
P(408 ) 8 06 -7 1 87 I F(4 08) 583-4 0 06
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0 ,,..,
0 ,,..,
LOT 53
APN 532-09-016
ANN(XA TI O N
AR(A
0.2 8 A CR E S
VICINITY MAP
NTS
LOT 50
APN 53 2-09 -0 45
PO I N T OF
BEGINNING
-EXHIBIT "B "
EX IS TING TO W N LIMI T S
1 ESTABLI S H E S BY 1
LOT 54 TOPPING WA y 7 LOT 55 ~ ~p~ 532-~9~~ __ N ~ A !!N_EXA TION _ J APN 5 32 -09-018
(2 ) S73"20'45"E 90 .02'
LOT 49
APN 532-09 -0 44
0.28± ACRES
LOT 48
A PN 532 -09 -043
------~4 )-f\i7 3 '20'45 W --9 0.0 2' --~ --EXIST I N~ ~O WN Ll~T~ --------
\_ ESTA BLISH ED BY
MARCHMONT DRIVE
MARCHMO NT DRIVE NO . 3 ANNEXATION
3: ......__
·o
({)
<l S73"20'45"E (BASIS OF BEAR I NGS) 60' 0 1 5 ' 30'
Sca l e 1 inc h = 3 0 ft.
BEING A PART OF RANC HO RINCON ADA DE LOS GATOS
LEGEND & ABBREV/A T/ONS BAS IS O F BE ARINGS: THE BEAR INGS S HOWN ON THIS
MAP AR E BASED ON THE CENTERLINE O F MARCHMONT
DRIVE AS FOUND MONUMENTED AS S7 3"2 0'45 "[ SHOWN
ON TRAC T NO . 328 "KEN WO OD ACRES" BEING A
PORTIO N OF SEC.22 T8S .,RIM, RECORDED JU NE 25. 1946
IN BOOK 10 OF MAPS A T PAGE 56 , SANTA CLARA "
COUNTY RECORDS .
-----PARCEL LINE
-----PROPESED ANNEXA TIO N LIN[
---i---CENTERLINE
EXISTING TOWN LIMITS
DISCLAIMER : "FOR A SS ESSMENT PURPO SES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGA L PROP ER TY DESC RIP T ION AS DEFJNED
IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SAL[ OF TH[ LAND DESCRIBED."
MARCH MONT DRIVE NO. 4 ANNEXATION
PLAT
LANDS OF PARRINELLO
17609 MARCHMONT DRIVE, APN 532 -09 -044
County of Santa Clara California
SC AL E: 1 • ; ,
0
. DATE : 03/22/1 6 DRWG . NAME :
-' REVISED : 06/13/16
PROJECT NO . SHEET 2 OF 2
ENG I NEER I NG
598 E Santo Claro St, #270
Son Jose, CA 95112
Ph o ne: ( 4 0 8 ) 806 -718 7
Fox: ( 408) 583 -4006
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