11 Staff Report - Arnerich Road No. 1 AnnexationMEETING DATE: 4/17/06
°w N 0 ITEM NO.
SOS oG"~°S COUNCIL AGENDA REPORT
DATE: MARCH 29, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: APPROVE CORRECTION OF RESOLUTION 2006-009 (ARNERICH ROAD
NO. 1 ANNEXATION)
RECOMMENDATION:
Approve correction of Resolution 2006-009 (Americh Road No. 1 Annexation).
DISCUSSION:
When the original resolution was adopted on February 6, 2006, it failed to include the detachment
two parcels (APNs: 537-12-004 & 010) from the Santa Clara County Lighting Service Area. The
.Local Agency Formation Commission of Santa Clara County,(LAFCO) has,requested the resolution
be re-adopted to include the detachment from the Santa Clara County Lighting Service Area. The
attached resolution makes that correction on page 4 of the resolution.
Attachments:
Resolution 2006 - 009 (Corrected) Resolution of the Town Council Of the Town of Los Gatos
Making Determinations and Approving the Reorganization of Territory Designated "Arnerich Road
No. 1," Approximately 79 Acres Located along Arnerich Road and Deer Park Court (Apps: 537-11-
008, 011, 015, 017, 018, 019, 028, 029, 031, 537-12-004, 010, 537-17-009, 028, 029, 030 and 031)
Distribution:
Neelima Palacherla, Executive Officer, Santa Clara County Local Agency Formation Commission,
County Government Center, East Wing, 70 W. Hedding Street, 11"' Floor,
San Jose, CA 95110
Ed. T. Pearson, 239 Thurston Street, Los Gatos, CA 95030
PREPARED BY:
Reviewed by:
4 J HN E. CURTIS
irector of Parks and Publiq Works
Town Manager
Finance Community Development
Reformatted: 5130/02
Clerk Administrator
Revised: 4/4/06 2:50 pm
N:\B&E\COUNCIL REPORMAnnex-Arnerich-1 Correcting.wpd
RESOLUTION 2006 - 009
(CORRECTED)
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
"ARNERICH ROAD NO. I,"
APPROXIMATELY 79 ACRES
LOCATED ALONG ARNERICH ROAD
AND DEER PARK COURT
(APNs: 537-11-008, 011, 015, 017, 018, 019, 028, 029, 031,
537-12-004, 010, 537-17-009, 028, 029, 030 and 031)
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 79.0 acres
located along Arnerich Road and Deer Park Court (APNs: 537-11-008, 011, 015, 017, 018, 019, 028,
029, 031, 537-12-004, 010, 537-17-009, 028, 029, 030 and 031)) has been filed by Ed T. Pearson;
and
WHEREAS; °on --December 5;2005 the Town Council adopted=Resolution°=2005-125
initiation proceeding for annexation of the area designated as "Arnerich Road No. 1"; and
WHEREAS, said territory is inhabited and all on the owners of land included in the proposal
have not consented 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 in 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
conduction authority for said annexation; and
WHEREAS, in accordance with Government Code Section 57025 (a and b) and Section
57026, the Clerk Administrator of the Town of Los Gatos has provided mailed notice of the hearing
on the reorganization and notification of their eligibility to protest this city-initiated proceeding with
instruction on how to prepare a valid, written protest; and
WHEREAS, the Town of Los Gatos has conducted a public hearing on the reorganization
in accordance with Section 57050 of the California Government Code, to accept protest, objections
or evidence which is made presented or filed; and
WHEREAS, the Town of Los Gatos, at the close of the public hearing, intends to determine
the value of the written protests in order to take the appropriate action on the reorganization.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos
as follows:
1. That it is the conduction authority pursuant to Section 56757 of the Government Code for the
annexation of property designated "Arnerich Road No. 1" more particularly described in
Exhibit "A" and "B";
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. That said territory is inhabited and comprises approximately 79.0 acres.
b. That 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
requested to provide Town services.
C. The Town Council has determined that this action is a project as defined under CEQA
but is statutorily exempt under Section 15061(b)(3).
d. The Town Council enacted an ordinance over 25 years ago pre-zoning the subject
territory with an HR-20 (Hillside Residential, One (1) dwelling per 20 acres) zoning
designation and RC (Resource Conservation)-APNs: 537-17-028 and -029.
e. That the territory is within the Town's urban service area as adopted by the Local Agency
Formation Commission of Santa Clara County.
f. That 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 Chief Petitioner has reimbursed the County for the actual cost incurred by
the County Surveyor in making this determination.
g. That the proposed annexation does not create island or areas in which it would be
difficult to provide municipal services.
h. That the proposed annexation does not split lines of assessment or ownership.
The proposed annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is contiguous to existing Town limits.
k. That the Town Council has complied with all conditions imposed by the Commission for
inclusion of the territory in the Town urban service area.
1. That the Town shall succeed to the Williamson Act contract pursuant to Section 51243
of the Government Code.
3. The one valid written protest to the reorganization proceedings was received by the Clerk
Administrator of the Town of Los Gatos and the value of those protests submitted prior to the
close of the public hearing constitute 6.25% of the 16 registered voters and 4% of the property
owners owning 2.63% of the assessed value of the land in the affected territory.
4. That said annexation is hereby ordered without election pursuant to section 57075 and is
subject to no terms and conditions.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Library Service
Area.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings that APNs: 537-12-004 & 537-12-010 within the territory annexed will be detached
from the Santa Clara County Lighting Service Area.
BE IT 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.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3rd
of April 2006, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
ANNEXATION ARNERICH ROAD NO. 1
EXHIBIT "A"
DESCRIPTION
All that certain real property situate in the Unincorporated Area of the County of Santa Clara, State of California,
more particularly described as follows:
BEGINNING at the most Southwesterly Corner of Lot 7 as shown on that certain map entitled, "Tract 5502", filed
for record March 28, 1980 in Book 461 of Maps at pages 16, 17 and 18, Santa Clara County Records, and as
corrected by that certain Certificate of Correction recorded April 23, 1981 in Book G 042 at page 726, Santa
Clara County Official Records; said point also lying on the most Easterly Line of that certain annexation to the
Town of Los Gatos known as Deer Park Road No. 1; thence
from the POINT OF BEGININNG in a northeasterly direction and along said Easterly Line of the Deer Park Road
No. 1 annexation the following courses and distances:
North 10°36' 08" East 208.06 feet to a point; thence
North 61° 27' 32" West 232.48 feet to a point lying on the right-of-way line of Deer Park Court; thence along said
right-of-way line of Deer Park Court the following courses and distances:
along a curve to the left having a radius of 42.00 feet through a central angle of 11° 30' 12" an arc distance of
8.43 feet to a point; thence
along a reverse curve to the right having a radius of 42.00 feet through a central angle of 116° 02' 46" an arc
distance of 85.07 feet to a point; thence
leaving said Easterly Line of the Deer Park Road No. 1 annexation and continuing along said Deer Park Court
right-of-way the following courses and distances:
continuing along a curve to the right having a radius of 42.00 feet through a central angle of 125° 57' 35" an arc
distance of 92.33 feet to a point; thence
along a reverse curve to the left having a radius of 42.00 feet through a central angle of 31° 00' 10" an arc
distance of 22.73 feet to a point; thence
North 70° 36' 20" East 375.10 feet to a point; thence
along a tangent curve to the left` having 'a ra ius`of' 20:00-feet•t rough a central angle of 910--iOO',36'Li-,an';`arcz,,-' N`11!.-'
distance of 31.77 feet to a point lying on the Westerly right-of-way line of Deer Park Road; thence
North 70° 36'20" East 60.00 feet to a point lying on the Easterly right-of-way line of Deer Park Road; thence
along said Easterly right-of-way line of Deer Park Road and along a cure to the left having a radius of 370.00
feet through a central angle of 07° 19' 03" an arc distance of 47.26 feet to a point; thence leaving said Easterly
right-of-way line of Deer Park Road the following courses and distances:
North 62° 16'42" East 29.10 feet to a point; thence
along a tangent cure to the right having a radius of 75.00 feet through a central angle of 35° 25' 01" an arc
distance of 46.36 feet to a point; thence
South 82°18' 17" East 36.50 feet to a point; thence
along a tangent curve to the left having a radius of 75.00 feet through a central angle of 14° 39' 30" an arc
distance of 19.19 feet to a point; thence
North 83° 02' 13" East 133.70 feet to a point; thence
along a tangent cure to the left having a radius of 500.00 feet through a central angle of 11° 29' 48" an arc
distance of 100.33 feet to a point; thence
North 71° 32'25" East 137.85 feet to a point; thence
along a tangent curve to the left having a radius of 50.00 feet through a central angle of 640 00' 00" an arc
distance of 55.85 feet to a point; thence
North 07° 32' 25" East 182.30 feet to a point; thence
along a tangent curve to the left having a radius of 50.00 feet through a central angle of 19° 13' 04" an arc
distance of 16.77 feet to a point; thence
Mason-Sulic, Inc. Revised April 25, 2005
Job No. 03-552 December 6, 2004
Page 1 of 3 Annexation to The Town of Los Gatos
DESCRIPTION CONTINUED
North 89° 32'25" East 123.66 feet to a point; thence
North 00° 33'26" West 597.41 feet to a point; thence
South 80° 15'00" East 475.20 feet to a point; thence
South 80°45' 00" East 32.07 feet to a point; thence
South 00° 33' 26" East 1151.50 feet to a point; thence
North 89° 45' 16" East 826.70 feet to a point; thence
North 00°00' 00" East 44.00 feet to a point; thence
North 89130' 00" East 239.38 feet to a point; thence
North 44° 26'49" East 42.39 feet to a point; thence
North 89°30' 00" East 100.00 feet to a point; thence
South 00° 00'00" West 74.00 feet to a point; thence
North 89° 30' 00" East 187.08 feet to a point; thence
South 00° 00' 00" West 37.14 feet to a point lying on the Northerly right-of-way line of Arnerich Road; thence
along said Northerly right-of-way line of Arnerich Road the following courses and distances:
North 771 17'30" East 288.77 feet to a point; thence
South 310 33'55" East 3.34 feet to a point; thence
North 00° 30'00" West 10.56 feet to a point; thence
North 71 ° 17' 00" East 138.50 feet to a point; thence
along a tangent curve to the left having a radius of 100.00 feet through a central angle of 47° 00' 20" an arc
distance of 82.04 feet to a point; thence
North 24° 16' 40" East 116.05 feet to a point; thence leaving said Northerly right-of-way line of Arnerich Road
South 31° 35' 04" East 60.41 feet to a point lying on the Southerly right-of-way line of Arnerich Road; thence
along said Southerly right-of-way line of Arnerich Road the following courses and distances:
South 24° 16'40" West 73.41 feet to a point; thence
South 08° 32'00" West 31.49 feet to a point; thence
along a curve to the right having a radius of 160.00 feet through a central angle of 39° 15' 40" an arc distance of
109.64 feet to a point; thence
South 71 ° 17'00" West 57.22 feet to a point; thence
. . -.,South,-899 30';00°' West.31.99 feet to a point; thence..,;
South 71 ° 17'00" West 121.49 feet to a point; thence
South 77° 17' 30" West 441.68 feet to a point; thence
North 88° 29'00" West 186.08 feet to a point; thence
South 80° 29' 30" West 160.35 feet to a point; thence leaving said Southerly right-of-way line of Arnerich Road
the following courses and distances:
South 00° 00' 00" West 254.19 feet to a point; thence
North 76° 38' 00" East 383.47 feet to a point; thence
South 68° 07'20" East 136.30 feet to a point; thence
South 36°55' 00" East 173.30 feet to a point; thence
South 10° 14' 00" East 289.90 feet to a point; thence
North 49° 46'00" East 145.00 feet to a point; thence
North 71° 25'00" East 92.64 feet to a point; thence
South 69° 55'24" East 144.85 feet to a point; thence
North 17° 44' 00" East 151.10 feet to a point; thence
North 59° 48' 35" East 303.01 feet to a point; thence
South 53° 30' 00" East 44.28 feet to a point lying on the Easterly right-of-way line of Wagner Road; thence along
said Easterly right-of-way line of Wagner Road the following courses and distances:
South 36° 30' 00" West 59.84 feet to a point; thence
South 00° 00' 00" East 60.44 feet to a point; thence
South 07° 58' 30" East 59.67 feet to a point; thence
South 020 53' 30" East 247.20 feet to a point; thence
Mason-Sulic, Inc. Revised April 25, 2005
Job No. 03-552 December 6, 2004
Page 2 of 3 Annexation to The Town of Los Gatos
DESCRIPTION CONTINUED
South 401135' 00" West 31.90 feet to a point; thence leaving said Easterly right-of-way line of Wagner Road the
following courses and distances:
South 000 00' 00" West 431.35 feet to a point; thence
South 890 39' 00" West 1297.93 feet to a point; thence
North 000 00' 00" East 332.64 feet to a point; thence
South 860 54' 30" West 1307.63 feet to a point; thence
North 000 20' 56" West 628.24 feet to a point; thence
South 880 07'57" East 227.97 feet to a point; thence
North 050.34' 31" West 436.75 feet to a point; thence
South 890 45' 16" West 194.59 feet to a point; thence
North 000 34'09" West 50.00 feet to a point; thence
South 890 42' 16" West 505.02 feet to a point lying on said Westerly right-of-way line of Deer Park Road; thence
along said Westerly right-of-way line of Deer Park Road and along a curve to the right having a radius of 240.00
feet through a central angle of 130 01' 42" an arc distance of 54.57 feet to a point; thence
South 040 36' 20" West 47.24 feet to a point; thence
along a tangent curve to the left having a radius of 45.00 feet through a central angle of 210 11' 37" an arc
distance of 16.65 feet to a point; thence leaving said Westerly right-of-way line of Deer Park Road
South 730 24'45" West 457.93 feet to the POINT OF BEGINNING.
Containing 79.0 acres of land, more or less.
END OF DESCRIPTION
'J,3fftt8
Mason-Sulic, Inc. Revised April 25, 2005
Job No. 03-552 December 6, 2004
Page 3 of 3 Annexation to The Town of Los Gatos
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