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2021-061 - Approving the Reorganization of an Uninhabited Territory Designated as El Gato Lane No. 5RESOLUTION 2021-061 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED AS EL GATO LANE NO. 5 APN: 523-22-010 APPROXIMATELY 0.789 ACRES ANNEXATION APPLICATION: AN21-003 PROPERTY LOCATION: 15605 EL GATO LANE PROPERTY OWNER/APPLICANT: NATASHA MALISIC WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated El Gato Lane No. 5 from Natasha Malisic; and WHEREAS, the property, is approximately 0.789 acres and includes 0.602 acres of County street right-of-way located at 15605 El Gato Lane, APN: 523-22-010, is within 300 feet of a Town boundary and within the Town's Urban Service Area; and WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Lighting Service Area; and 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 2021-061 December 21, 2021 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. 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 El Gato No. 5, 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 0.789 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 area in which it would be difficult to provide 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 located within 300 feet of 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 2021-061 December 21, 2021 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21' day of December 2021, by the following vote: COUNCIL MEMBERS: AYES: Matthew Nudes, Maria Ristow, Marico Sayoc, Mayor Rob Rennie NAYS: None ABSENT: Mary Badame ABSTAIN: None ATTEST: TOWN CLERK O. THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: /3/U2-2— SIGN D: j MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: / a` is 3 of 3 Resolution 2021-061 December 21, 2021 EXHIBIT A EL GATO LANE NO. 5 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION All that certain real property lying in the Rancho Rinconada De Los Gatos, County of Santa Clara, State of California, being more particularly described as follows: Beginning at the southeast corner of Lot 57 of Tract 1168, Recorded March 2, 1954 in Book 48 of Maps at Page 13, in the Office of the County Recorder of said Santa Clara County, said Point of Beginning being on the southerly line of the El Gato Lane Number One Annexation per Ordinance No. 605 as passed and adopted August 14, 1961, said Point of Beginning also being North 77°33'45" East, 149.00 feet from the southwest corner of said Lot 57 and the southwest corner of said El Gato Lane Number One Annexation; thence 1) South along the westerly line of El Gato Lane as shown on said Map of Tract 1168 South 12°26'15" East, 382.20 feet to the northeast corner of Lot 49 of said Map of Tract 1168; thence 2) Along the northerly line of said Lot 49 South 77°33'45" West, 149.00 feet to the northwest corner of said lot 49; thence 3) Along the westerly line of said Lot 49 South 12°26'15" East, 54.60 feet to the southwest corner of said lot 49; thence 4) North 77°33'45" East, 209.00 feet to a Point on the East Line of El Gato Lane as shown on said Map of Tract 1168; thence 5) Along the easterly line of said El Gato Lane North 12°26'15" West, 330.10 feet to the southwest corner of Lot 3 of said Tract 1168, said southwest corner also being the southwest corner of El Gato Lane Annexation Number 2 per Resolution No. 2014-042 as passed and adopted June 2, 2014; thence 6) Along the westerly line of said Lot 3 and said El Gato Lane Annexation Number 2 North 12°26'15" West, 53.35 feet to the northwest corner of said Lot 3 and said El Gato Lane Annexation Number 2; thence 7) Along the easterly line of said El Gato Lane and the westerly line of Lot 2 as shown on the Map of said Tract 1168 North 12°26'15" West, 53.35 to the northwest corner of said Lot 2 and the southerly line of said El Gato Lane Number One Annexation; thence 8) Along said southerly line of El Gato Lane Number One Annexation South 77°33'45" West, 60.00 to the Point of Beginning. Area of Proposed Annexation: 33,349 sq. ft. of land, more or less (0.789 acres) 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 Iar)d descri Helmut R. Korstick (PLS 7739 V V J7 /?,70Z/(Date) Page 1 of 1 LOS GATOS ALMADEN ROAD LOT 57 TRACT 1168 S77'33'45'W 149.00' ti SOUTH WESIICOR / I APN 523-22-003 TOWN OF LOS — GATOS ANNEXATION EL GATO LANE if APN 523-22-004 APN 523-22-005 Ea APN 523-22-006 -� V . APN 523-22-007 m CO APN 523-22-008 L_ APN 523-22-038 APN 523-22-009 S773345"10/ 149.001(2) in "'- LOT 49 • TRACT 1168 APN 523-22-037 Z 149.00' N7713'45'E APN 523-22-011 LEGEND (I) COURSE PER GEOGRAPHIC DESCRIPTION APN ASSESSOR'S PARCEL NUMBER POB POINT OF BEGINNING — — — — — EXISTING LOT UNE EXISTING CENTERLINE EXISTING TOWN BOUNDARY PROPOSED TOWN BOUNDARY TOOF LOS GATOS ////' ANNEXATION EL GATO LANE #2 LOT 1 P TRACT 1168 LOS GATOS CITY LIMITS ! SANTA CLARA COUNTY LIMI ^^� APN 523-23-022 I 209 00'(41 L_ 0 L=77/77) OT 3 TRACT 1168 /APZ—Zl 3 021 APN 523-23-020 co APN 523-23-019 "1 1-1 APN 523-23-018 APN 523-23-017 APN 523-23-016 APN 523-23-015 i i APN APN 523-23-014 100 SOUTH EAST COR TOWN OF LOS GATOS ANNEXATION EL GATO LANE f1 GATOS ANNEXATION EL GATO LANE 12 COURSE BEARING DISTANCE (6) N12'26'15'W 53.35' (7) N12'26'15"W 53.35' (8) S7713'45"W 60.00' 200 SCALE: 1 "=100' PREPARED BY: STERLING CONSULTANTS 46560 FREMONT BLVD, UNIT NO. 205 FREMONT, CA 94538 lsterlingconsultants@gmail.com PHONE: 510.344.8956 EXHIBIT B PLAT TO ACCOMPANY GEOGRAPHIC DESCRIPTION EL GATO LANE NUMBER 5 ANNEXATION SANTA CLARA COUNTY RECORDS SCALE: 1 "=100' DATE: AUGUST 13, 2021 PAGE: 1 of 1 CITY OF LOS GATOS - PUBLIC WORKS DEPARTMENT 41 MILES AVENUE, LOS GATOS, CA 95030. PH (408) 399-5770 DWG BY: DSK CHK: HRK EXHIBIT B County of Santa Clara Department of Planning and Development County Government Center, East Wing 70 West Hedding St., 7th Floor San Jose, California 95110 El Gato Lane No. 5 EXHIBIT A Los Gatos - El Gato Lane No. 5 0.789 acres +/- Prepared for the Office of the County Surveyor October27, 2021 August Hanks, County Surveyor 0 Area of Annexation A `J CityLimits 0 100 Unincorporated Lands Feet ATTACHMENT 2