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1986-026-Making A Finding Regarding The Value Of Written Protests Filed And Not Withdrawn And Ordering The Annexation Of Certain Uninhabited Territory Designated As Top Of The Hill Road #5 To The Town Of Los GatosRESOLUTION NO. 1986 -26 A RESOLUTION MAKING A FINDING REGARDING THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOP OF THE HILL ROAD #5 TO THE TOWN OF LOS GATOS WHEREAS, on January 7, 1986, the Town Council of the Town of Los Gatos by its Resolution No. 1986 -8 initiated proceedings for the annexation of that certain uninhabited territory hereinafter designated as Top of the Hill Road #5 Annexation to the Town of Los Gatos and set a public hearing to hear any protests against the annexation for its meeting of February 18, 1986. After holding a hearing in the manner described in Chapter 2 (commencing with Section 57025) of Part 4 of the Government Code of the State of California, the Town Council of the Town of Los Gatos finds and resolves: 1. The findings of the Town Council of the Town of Los Gatos in Resolution No. 1986 -8 are correct. 2. The unincorporated territory is within the Town's urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. 3. The County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the Local Agency Formation Commission of Santa Clara County annexation policies. 4. The proposal does not split lines of assessment or ownership. 5. The proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. 6. The proposal is consistent with the Town's adopted general plan. 7. The territory is contiguous to existing Town limits. 8. The territory is "Uninhabited" as defined in Section 56046 of the Government Code of the State of California. 9. The reason for the proposed annexation is to properly plan and provide municipal services to the area which is contiguous to the Town. 10. The project is categorically exempt from the provisions of CEQA, California Administrative Code, Section #15319 (a) and (b). 11. Written protests filed and not withdrawn constitute the owners of land who own less than 50% of the total assessed value of the land within the territory to be annexed. 12. 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 certain uninhabited territory designated as Top of the Hill Road #5 Annexation, and described in real property description and map attached hereto marked Exhibits "A" and "B ", respectively, is approved, and the territory is hereby ordered annexed to the Town of Los Gatos. 13. Upon completion of these annexation proceedings, the territory annexed will be taxed at Town of Los Gatos Tax Rate A, including taxes for existing bonded indebtedness. 14. The Town Clerk is hereby directed, pursuant to the provisions of Section 57200 of the Government Code to prepare under seal a certified copy of this resolution, giving the date of passage, and immediately transmit the copy 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 18th day of February , 1986 by the following vote: AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily [IDES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Joanne Benjamin B SIGNED: f ATTEST: ` d %4 1 CLERK OF THE TOWN OF LOS S EXHIBIT A TOWN OF LOS GATOS TOP OF THE HILL ROAD #5 ANNEXATION DESCRIPTION All that certain real property situated in the County of Santa.Clara, State of California, described as follow: Beginning at the most southwesterly corner of that certain annexation to the Town of Los Gatos entitled Top of the Hill Road #3, said point also being on the easterly line of that certain annexation to the Town of Los Gatos entitled Shannon Road #13, thence proceedings along the southerly line of the Top of the Hill Road #3 annexation North 87' 58' 30" East 455.66 ft.; thence along the following courses and distances: North I' 59' 23" West 26.00 feet; North 87' 58' 30" East 206.18 feet; South 0' 35' 00" West 310.69 feet; to a point on the northerly boundary of that certain annexation to the Town of Los Gatos entitled Kennedy Road #7, said point also being located on the monument line of Kennedy Road; thence proceeding along said northerly line of the Kennedy Road 717 annexation and along the monument line of said Kennedy Road along the following courses and distances: South 80' 56' 11" West 252.43 feet; South 57' 54' 01" West 124.30 feet; South 45' 52' 54" West 171.69 feet; South 36' 52' 06" West 91.87 feet; North 89' 03' 02" West 28.61 feet; North 56' 01' 00" West 119.06 feet', North 72' 31' 51" West 2.20 feet; Thence leaving the line of said Kennedy Road #7 Annexation and the centerline of said Kennedy Road North 0' 35' 00" East 492.48 feet along the easterly boundary of Shannon Road #13 Annexation to the point of beginning. Containing 6.151 acres more or less. APN: 537- 20 -31, 32 & 33 W O _O b M 0 O r- Existing limits of the ' Town of Los Gatos as established by annexations Shannon Rd #13 & Top of the HilI Rd # 3 I I I - 455.66 I_N 87058'30"E_ . ay+ PARCEL 3 G IOS72 °3151 °E 2.20' O2 S 89 °03'02°E 28.61' 30 N36°52!06" E 91.87' O O to re) Z) Monument Line- rn xfh ;h N 87° 58 30 I"= 100' 206.18' •S lo59 23 E 26.00 PARCEL 4 460 M 34 4 N Existing limits of the Town of Los Gatos as established by ✓Kennedy Road # 7 annexation. LEGEND I T1 ®— Existing Town Limits Boundary of proposed annex. Right —of —way line PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS TOP OF THE HILL ROAD # 5 e I_ N VICINITY MAP No Scale Town E6Q1- "- c`rBGC.E.rF2f!tE