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2018-004 - Make The Determinations And Approve Reorganization Of Hilow Road No. 7 Located At 16386 Hilow RdRESOLUTION 2018 -004 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. 7 APN:532 -04 -080 APPROXIMATELY 0.27 ACRES ANNEXATION APPLICATION: AN16 -002 PROPERTY LOCATION: 16386 HILOW ROAD PROPERTY OWNER /APPLICANT: MALI HARIRI 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 16386 Hilow Road (APN: 532 -04 -080), has been filed by Mali Hariri; 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. 1of3 Resolution 2018 -004 February 6, 2018 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. 7, 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 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. 2of3 Resolution 2018 -004 February 6, 2018 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 56662(a) the Town waives protest proceedings. 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 6th day of February, 2018, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: $ �S ATTEST: �QLJ� CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: a 3of3 Resolution 2018 -004 February 6, 2018 EXHIBIT A Geographic Description Annexation to the Town of Los Gatos Hilow Road No. 7 All that certain real property situated in the County of Santa Clara, State of California, being all of Lot 16 of Tract No. 616 recorded 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 a point on the Easterly right of way line of Hilow Road (60' wide), said line being also an Easterly Town Limit, established by Annexation entitled Hilow Road No. 4, said point being the most Westerly corner of said Lot 16; Thence (1) along said right of way line and Town Limit North 19 Degrees 40 Minutes 05 Seconds East a length of 75.00 feet; Thence (2) leaving said right of way line and Town Limit South 70 Degrees 19 Minutes 55 Seconds East a length of 157.06 feet; Thence (3) South 19 Degrees 40 Minutes 00 Seconds West a length of 75.00 feet; Thence (4) North 70 Degrees 19 Minutes 55 Seconds West a length of 157.06 of the Point of Beginning and said Town Limit. Containing 0.27 acres more or less. Revised April 4, 2016 —'C)", No. 4953 Disclaimer: k Exp. 12 -31 -2017 "For assessment purposes only. This description of land is Jn not a legal property description as defined in the 9T F�F Subdivision Map Act and may not be used as the basis for CA 1E�� on offer for sale of the land described" EXHIBIT A SHANNON RAC / VICINITY MAP / j (N.T.S.) / 30' AREA WITHIN ANNEXATION 0.27 ACRES. n ^0) / 1 " =50' / EXISTING TOWN LIMIT ESTABLISHED p BY HOLOW ROAD NO. 4 �NND S BAej pG C F O • / Q ? ^/ (�.� lg SS» : No. 4953 OQ / Og * Exp. 12 -31 -2017 �r o HARIRI APN 532 -04 -080 F F Cpl 30•= ' LOT 16 0 TRACT NO. 616 26 M8 &9 / �y C)� 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." LEGEND PROPERTY LINE CENTERLINE - EXISTING TOWN OF — – — LOS GATOS BOUNDARY LIMIT OF ANNEXATION -- °— BEING LOT 16 OF TRACT NO. 616, RECORDED IN BOOK 26, PAGES 8 & 9 SANTA CLARA COUNTY RECORDS BEING A PART OF RANCHO RINCONADA EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS ENTITLED HILOW ROAD # 7 DATE: February 2016 JOB. NO. 2016 -006 BY: HARRY BABICKA I "` " " "' ^r^" '' `�'° I I SHEET 1 OF 1 I WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA EXHIBIT 5