10 Staff Report - Englewood Ave No. 5
DATE: TO: FROM: SUBJECT: MEETING DATE: 3/15/04 ITEM NO. /D COUNCIL AGENDA REPORT February 26,2004 ADOPT RESOLUTION ORDERING THE ANNEXATION OF THE
UNINHABITED TERRITORYKNOWNAS ENGLEWOOD AVENUENO. 5 (16471 ENGLEWOOD AVENUE) TO THE TOWN OF LOS GATOS RECOMMENDATION: Adopt resolution ordering the annexation ofthe uninhabited territory
known as Englewood Avenue No.5 (16471 Englewood Avenue) to the Town of Los Gatos. BACKGROUND: The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Town's Urban Services Areaboundary and within 300 feet ofthe Town limits if the use is intensified. Section 56757 of the Cortese-Knox-'Hertzberg Local Government Reorganization
Act of 2000 gives the cities in Santa Clara County the authority to annex territory without application to and hearing bythe Santa Clara CountyLocal AgencyFonnation Commission (LAFCO).
The process is initiated bythe Town after the property owner files an annexation petition. DISCUSSION: The Town has received a petition from Christopher and Agnes Lewis (Attachment 2),
owners ofthe property at 16471 Englewood Avenue, requesting annexation to the Town of Los Gatos. The property is located in the Englewood Avenue area, one ofthe unincorporated "island"
or "pockets" ofthe County. PREPARED BY: J HN E. CURTIS irector ofParks and Public Works Reviewed by:. S3 Assistant Town Manager __Clerk ::::7 finance __Community
Development Revised: 2/26/04 1:24 pm Reformatted: 5/30102 N:\B&E\COUNCIL REPORTS\Annex-Englewood-5.wpd
PAGE 2 " '. '" , SUBJECT:'"' ENGLEWOOD AVENUE NO.5 ANNEXATION March 4, 2004 In addition to the lot proposed for annexation, the Town will also
be acquiring approximately 338 linear feet ofEnglewood Avenue (including the intersection ofEnglewoodAvenue, Loma Street and Topping Way), in conformance with the Santa Clara County
Road Annexation Policy. The property is in the Town's Urban Services Area, boundary, and is prezoned Rl :20 (single family residential, 20,000 sq. ft. minimum lot size). Annexation will
allow "city" services to be extended to the property and help in fill an existing County Since this is a 100% consent, "Uninhabited" annexation (less than twelve registered
voters), a public hearing is not required. However, under new legislation, waiver ofthe protest (public hearing) must be received from agencies gaining or losing territory with this
annexation. Waivers have been received from Santa Clara County and the County Library Service Area. Area. ENVIRONMENTAL ASSESSMENTS: Annexation of the subject property is exempt for
the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3). FISCAL IMPACT: The following fees are assessed by Santa Clara County, LAFCO and the State Board
ofEqualization, and must be paid by the petitioner: Map, Legal Description and Guideline Checking Fees $2,000.00 (paid) LAFCO Processing Fee 340.00 (received) State Board ofEqualization
Fee 350.00 (received) The petitioner has paid an Annexation Fee to the Town of$I,600. Oncethe annexation is certified bythe State Board ofEqualization, the Town will receive nine point
six percent (9.6%) ofthe property taxes. Attachments: 1. Resolution ordering the annexation ofcertain uninhabited territory designated as Englewood Avenue No.5 to the Town ofLos Gatos
(with Exhibits A and B) A. Legal Description of Englewood Avenue No.5 Annexation. B. Plat to Accompany Legal Description. 2. Petition for Annexation Distribution: Christopher and Agnes
Lewis, 16471 Englewood Avenue, Los Gatos, CA 95032 N:IB&EICOUNCIL REPORTSlAnnex-Englewood-5.wpd
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNlNHABITED TERRITORY DESIGNATED AS ENGLEWOOD AVENUE NO.5 APN: 532-05-015 TO
THE TOWN OF LOS GATOS WHEREAS, the proposed reorganization to the Town ofLos Gatos consisting of all that unincorporated territory designated as Englewood Avenue No.5, located at 16471
Englewood Avenue (APN: 532-05-015) in the CountyofSanta Clara is proposed forreorganization to the Town .of Los Gatos pursuant to Division 3 of Title 5, commencing with Section 56000
et seq. of the. Government Code; WHEREAS, the Town ofLos Gatos is authorized by Section 56757 to act as the conducting authority with exclusive power to approve reorganizations within*urban
service area; WHEREAS, the Town ofLos Gatos has received a petition signed by all the owners ofland within the territory to be reorganized, andpursuant to Section 56663 ofthe Government
Code, the Town Councilofthe TownofLos Gatos mayinitiate proceedings to reorganize said territorywithout notice, hearing or election, in the manner described in Section 57002(d) ofthe
Government Code ofthe State of California; RESOLVED, by the Town Council ofthe Town ofLos Gatos, County ofSanta Clara, State of California that the following findings are true and correct:
1. The project is exempt from C.E.Q.A. under the provisions ofthe California Administrative Code, Title 14, Section 15061(b)(3). 2. The territory is "Uninhabited" as defmed in Section
56046 ofthe Government Code of the State of California N:\B&E\COUNCIL REPORTS\Annex-Englewood-5.wpd ATTACHMENT 1
3. The unincorporated territory is within the Town's urban service area as adopted by the Local Agency Fonnation Commission of Santa Clara County. 4. That the County Surveyor has detennined
that the boundaries ofthe proposed reorganization are definite and certain. 5. The proposal does not split lines ofassessment or ownership. 6. The proposed reorganization does not create
islands or areas in which it would be difficult to provide municipal services. 7. The proposal is consistent with the Town's adopted general plan. 8. The territory is contiguous with
the Town's boundaries. 9. The reason for the proposed reorganization is to properly plan and provide municipal services to the area that is contiguous to the Town. 10. All ofthe owners
ofpropertywithin the territory proposed forreorganization have consented to the reorganization. FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation
.of the County of Santa Clara, State of California, that pursuant to the provisions of Section 57075 ofthe Government Code ofthe State of California, the reorganIzation to the Town ofLos
Gatos ofthat territory designated as Englewood Avenue No.5, and described in real property description and map attached hereto, marked Exhibits "A"and "B", respectively, is approved,
and that the same be reorganized to the Town ofLos Gatos. FURTHER RESOLVED, 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. FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory reorganized will be
detached from Santa Clara County Library Service Area. N:IB&EICOUNCIL REPORTSlAnnex-Englewood-5.wpd
FINALLYRESOLYED, that the TownClerk is authorized, and is herebydirected, pursuant to Section 57200 ofthe Government Code, to prepare under seal a certified copy oftms resolution, giving
the date ofpassage, and immediately transmit same along with a remittance to cover the fees required by Section 54902.5 ofthe Government Code to the Executive Officer ofthe Local Agency
Formation Commission of Santa Clara County. PASSED AND ADOPTED at a regular meeting ofthe Town Council held on the 15th of March 2004, by the following vote: . COUNCIL MEMBERS: AYES:
NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IS&EICOUNCIL REPORTSlAnnex-Englewood-5.wpd
EXHIBIT A DESCRIPTION TO ACCOMPANY ANNEXAnON OF TERRITORY KNOWN AS ENGLEWOOD AVENUE NO.5 TO TIm TOWN OF LOS GATOS All that certain real property located in the County of Santa Clara,
State ofCalifornia, more particularly described as follows: BEGINNING at the southeasterly comer ofthat certain Annexation to the Town ofLos Gatos known as Englewood Avenue No.1, said
point being also the northeasterly comer ofthat certain Annexation known as Lorna Street No.3, thence along the easterly line of said Englewood Ave No.1 Annexation, N 20°31'00" E, a
distance of 80.00, thence leaving said Annexation, S 78°41'00" Et, a distance of260.00' to the westerly side of Englewood Avenue (50 feet wide); thence along said Avenue, N 20°31'00"
E, a distance of 80.00' to the southerly line of said Englewood Avenue No.1 Annexation; thence along said Annexation and crossing said Avenue, S 78°41'00" E, a distance of 50.66' to
the . easterly side ofEnglewood Avenue, thence along easterly side ofsaid Avenue and along said Englewood Avenue No. 1 Annexation, S 20°31'00" W, a distance of80.00 feet; thence leaving
said Englewood Avenue No. 1 Annexation and continuing along said easterly side ofEnglewood Avenue S 20°31 '00" W, a distance of 80.00 feet to the southwesterly comer oflot 17 ofTract
No. 38 as shown on that certain Map entitled "Englewood Subdivision", filed in the Office ofthe County Recorder of Santa Clara County, California in Book 1 ofMaps at pages 28 and 29;
said point also being the northwesterly comer oflot 81 ofTract No. 328 as shown on that certain Map entitled "Kenwood Acres", filed in the Office ofthe County Recorder of Santa Clara
County, California in Book 10 ofMaps at pages 55 and 56, thence along said lot 81 and the easterly line ofEnglewood Avenue S 20°31'15" W, a distance of8.08' to the point of curvature
ofa tangent curve, concave to the northwest, having a radius of 517.04', a central angle of 07°04'03", anda chord of63.74',bearing S 24°03'17" W; thence southerly along said curve and
the easterly line ofEnglewood ofEnglewood Avenue a distance of 63.78' to the point ofreverse curvature of a tangent curve, concave to the northeast, having a radius of 20.00', a central
angle of91°28'48", and a chord of28.65' bearing S 18°09'06" E; thence southerly along said curve a distance of31.93' to a point in the northerly line ofTopping Way (60 feet wide) as
shown on said Tract No.328; thence crossing Topping Way S 37°25'39" W, a distance of61.19' to the southerly line of Topping Way and to the point ofcurvature of a non-tangent curve, concave
to the south, having a radius of20.00', a central angle of78°26'08", and a chord of25.29' bearing S 76°53'26" W; thence northwesterly along said curve, a distance of27.38' to a point
of compound curvature of a tangent curve, concave to the south, having a radius of 1486.38', a central angle of 01 °12'30", a chord of 31.34' bearing S 37°04'17" W; thence southwesterly
along said curve a distance of31.34' along said easterly line ofEnglewood Avenue to a point; thence crossing Englewood Avenue N 53°32'08" W, a distance of50;01' to the westerly
line ofEnglewo,od Avenue at the southeasterly comer ofthat certain Annexation to the Town ofLos Gatos known as Ferris Avenue No.6; thence along said Ferris Avenue No. 6 Annexation northeasterly
along a non-tangent curve, concave to northwest, having a radius of467.04' a central angle of 12°42'49", and achotdof 103.42'bearing N 34°56'59" E, to the southeasterly comer of
said Ferris Avenue No.6 Annexation; thence northeasterly along said curve, a distance of 103.631. to a pOint along the northerly side ofEnglewood Avenue; thence along said northerly
side ofEnglewood Avenue along an curve, concave to the northwest, having aradius of467.04' a central angle of 09°12'00", and a chord of74.91' bearingN 25°12'23" E; thence northeasterly
along curve, a distance of74.99' to the southeasterly comer aflot 18 ofthe aforementioned Tract No. 38; thence along the southerly line ofsaid lot 18, N 78°41'00" W,a distance of
150' more or less to the northeasterly comer ofthat certain Anne.xation to the Town of Los Gatos knOWll as Ferris Ave No.6, thence along the northerly line oIwd Annexation, N 78°41'00"
W, a distance of 55.00', thence leaving said Ferris Ave Annexation and along said southerly line oflot 18, N 78°41'00" W, a distance of55' more or less to the .POINT OF BEGINNING. Containing
0.8993 acres or 39174.7 sq ft. ofland mote or less. APNNO. AODRESS: 16471 ENGLEWOOD AVENUE Attached hereto is a plat labeled Exhibit "B" and by this reference made
a part thereof. Description prepared January 13, 2004. END OF DESCRIPTION R.C.E. No. C-25881 Expires 12-31-05
VICINITYMAP =-"ENG I . LEWOOD SUBDIVI 19 EWOOD SUBDIVISION" I 17 I 16 18 TRACT N03a 80.00' SEXHIBIT'"B" PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS STATE OF CAUFORNIA ENTITLED
"ENGLEWOOD AVE. NO.5". DATE: 01·13-G4 SCALE: 1" =60' AREA O.8993 l1Cl8$ 31174.7620sq" LOS GATOS TOWN UMITS PROPOSED ANNEXATION UMITS
( PETITION ( FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF LOS GATOS The undersigned hereby petition the Town Council ofthe Town of Los Gatos for approval of a proposed annexation,
and stipulate as follows: 1. This proposal is made pursuant to Part 3, Division 3, Title 5 ·ofthe California Government Code (commencing with Section 56000, Cortese-Knox Local Government
Reorganization Act of 1985). 2. The proposed annexation is designated as: (To be completed by Town Staff) -[rJ0Le:.c,voo./J AUe,1V UE. S and consists of Annexation to the Town
ofLos Gatos of . (). 47 13 acres on the (N/S!E@side of EVV l e-t.u00 d AU (5"' (street name) between t-o A S+ (street name) and S V\ V\.() rt '1<..c\ , (street name).
3. Ametes and bounds description ofthe exterior boundaries of the territory included in the proposal, marked "Exhibit 'A''', and a map ofsaid territory, marked "Exhibit 'B"', are attached
to this petition and by this reference incorporated herein. 4. The territory to be annexed is: is: __inhabited (12 or more registered voters) uninhabited (less than 12 registered voters).
5. This proposal is consistent with the Sphere ofInfluence oithe Town ofLos Gatos. 6. The reason(s) for the proposed annexation is/are: 7. It is desired that the proposed annexation
be made subject to the following terms and conditions: ATTACHMENT 2 DV561A:\FormsI01-PETIT.wpd. REV.: 8/11/2000
( ( 8. The signing this petition haslhave signed as (check one): _V_ oowwner(s) ofland within the affected territory. __registered voter(s) within the affected territory.
9. The undersigned proponents 9QdO/( )do not (check one) own 100 percent ofthe territory proposed for annexation. Wherefore, petitioner(s) request(s) that be taken in accordance with
the provisions ofSection 56000 et seq. ofthe Government Code, and herewith affix signature(s) as follows: SIGNATURES OF PETITIONERS (please print name below signature) DATE:
DATE: MAILING ADDRESS Phone: H-w-ASSESSOR'S PARCEL NO. For additional signatures, use Supplemental Petition. WHEN COl\.1PLETE RETURN TO: Town of Los Gatos Parks & Public Works Department
P.O. Box 949 Los Gatos, California 95031 Phone: (408) 3.99-5770 DV56\A:lForms\01-PETlT.Wpd REV.: 8/11/2000