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2021-049 - Making Determinations & Approving the Reorganization of Winterbrook No. 7 at 16010 Winterbrook RdRESOLUTION 2021-049 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY AREA DESIGNATED AS WINTERBROOK NO. 7 APN: 523-26-017 APPROXIMATELY 0.95 ACRES ANNEXATION APPLICATION: AN21-002 PROPERTY LOCATION: 16010 WINTERBROOK ROAD PROPERTY OWNER/APPLICANT: DREW AND KARI BROWN WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Winterbrook No. 7 from Drew and Kari Brown; and WHEREAS, the property, approximately 0.95 acres and includes no County street right-of-way located at 16010 Winterbrook Road, APN: 523-26-017, is contiguous to a Town boundary and within the Town's Urban Service Area; and WHEREAS, the following special district would be affected by the proposal: Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1267 in 1975 pre -zoning the subject territory with an R-1:8 (single-family residential, 8,000 square foot minimum lot size) zoning designation; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibit A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and 1 of 3 Resolution 2021-049 November 16, 2021 WHEREAS, Government Code Section 56662(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; and NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Winterbrook 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 0.95 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 1267 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; and 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 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; and 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. 2 of 3 Resolution 2021-049 November 16, 2021 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of November 2021, by the following vote: COUNCIL MEMBERS: AYES: Mary Badame, Matthew Nudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR F THE T OF LOS GATOS LOS GA, RNIA DATE: n /f7 /4A9.4 ATTEST: 1, TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFO,RNiA DATE: 1 l t 7 oR.\ 3of3 Resolution 2021-049 November 16, 2021 EXHIBIT A WINTERBROOK NO. 7 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION All that certain real property lying within the Rancho Rinconada De Los Gatos, in the County of Santa Clara, State of California, being more particularly described as follows: Beginning at an angle point on the' boundary of the Winterbrook No. 3 Annexation, said angle point being the northeasterly corner of Lot 5, as shown on the Map of Tract No. 505, filed for record May 20, 1952, in Book 38 of Maps, at Page 1, Records of said County; thence (L1) North 89°55'45 East 190.19 feet along the southerly boundary of the northerly portion of said Winterbrook No. 3 Annexation to the northwesterly corner of the Stephenie Lane No. 2 Annexation; thence (L2) South 12°47'30" East 50.00 feet along the westerly boundary of said Stephenie Lane No. 2 to the southwesterly corner thereof; thence (L3) leaving said Annexation boundary South 12°47'30" East 50.00 feet to a point; thence (L4) North 89°59'15" East 10.00 feet to the northwesterly corner of the easterly portion of the Stephanie Lane No. 1 Annexation; thence (L5) South 14°06'00" East 93.33 feet along the westerly boundary of said Stephanie Lane No. 1 Annexation to a point; thence (L6) leaving said Annexation boundary South 82°10'00" West 152.07 feet to a point; thence (C1) along a non -tangent curve to the left, being concave to the southwest, the bearing to the radius point being South 66°59'12" West, with a radius of 100.00 feet, through a central angle of 96°10'48", an arc distance of 167.87 feet to a point on the boundary of the Winterbrook No. 5 Annexation, said point lying on common boundary between Lot 6 and Winterbook Road as shown on said Map of Tract No. 505; thence Page one of two EXHIBIT A (continued) (C2) along said boundary of the Winterbrook No. 5 Annexation and said common boundary, along a non -tangent curve to the left, being concave to the southwest, the bearing to the radius point being South 53°51'55" West, with a radius of 40.00 feet, through a central angle of 14°19'25", an arc distance of 10.00 feet to the most northerly corner of said Winterbrook No. 5 Annexation, said corner lying on the southeasterly boundary of said Winterbrook No. 3 Annexation; thence (L7) leaving said boundary of Winterbrook No. 5 Annexation along said boundary of Winterbrook No. 3 Annexation, North 39°32'30" East 42.01 feet to an angle point thereof; thence (L8) North 30°56'20" East 78.07 feet along said Annexation boundary to an angle point thereof; thence (L9) North 14°15'10" West 55.41 feet along said Annexation boundary to the Point of Beginning. Area of Proposed Annexation: 41,411 square feet of land, more or less. 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 a basis for an offer for the sale of the land described. Page two of two EXHIBIT B ANNEXATION TO THE TOWN OF LOS GATOS — WINTERBROOK NO. 7 JULY, 2021 SCALE: 1 " = 100' AD 0' 00��0� APN 523-26-002 P.0.6. /1 r L1 1r STEPHENIE LANE 2 ' ANNEXATION APN 523-26-018 APN 523-26-017 LOT 5 AREA OF ANNEXATION APN 523-26-004 1 RAC"! NO. 505 ,'� 41,411 sq. 38 MAPS 1 " 0.95 acrest APN C1 $ 523-26-005 APN 523-26-015 WINTERBROOK NO. 5 ANNEXATION NO. TEPHAN LANE ON 1 5 ANNEXATION NO. 1 ANNEXATION LEGEND EXISTING LOT LINE EXISTING CENTERLINE EXISTING TOWN BOUNDARY PROPOSED TOWN BOUNDARY P.O.B. POINT OF BEGINNING ZL 005 Ra Blossom Hill Rd Old Blossom Hill Rd VICINITY MAP NO SCALE L6 APN 523-26-006 APN 523-26-016 UNE TABLE LINE LENGTH BEARING L1 190.19' N89'55'45"E L2 50.00' S12'47'30"E L3 50.00' S 12'47'30"E L4 10.00' N89'59' 15"E L5 93.33' S14'06'00"E L6 152.07' S82' 10'00'W L7 42.01' N39'32'30"E L8 78.07' N30'56'20"E L9 55.41' N14'15'10'W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD C1 167.87' 100.00' 96'10148" 148.84' C2 10.00' 40.00' 14' 19'25" 9.97' JN 19019 RADIAL BEARING TABLE LINE BEARING R1 S66'59'12"W R2 S53'51'55"W HANNA-BRUNETTI EST. 1910 CIVIL ENGINEERS • LAND SURVEYORS CONSTRUCTION MANAGERS 7851 EIGLEBERRY ST. I GILROY, CA 95020 408.842.2173 EXHIBIT B ijia � 1 w,0 O� 9L Los Gatos Winterbrook No. 7 o1 02 0 re 0 u z -J Rilli° LILAC t-N SARATOGA CAMPBELL LOS GATOS SAN JOSE 0 0 v 0 - Los Gatos OLD BLOSSOM HILL RD County of Santa Clara Department of Planning and Development Count) Government Center. East Wing 70 West Iledding St„ 7th Floor San Jose. California 95110 EXHIBIT A Los Gatos - Winterbrook No. 7 0.95 acres +!- Prepared for the Office of the County Surveyor August05. 2021 August Hanks, County Surveyor 1 0 Area of Annexation CityLimits N A Imo I10S 0 0 Unincorporated Lands Feet