2004-047- Making Determinations And Approving The Reorganization Of Territory Designated "Topping Way No. 3" Approximately 0.596 Acres Located At 16678 Topping Way (APN: 532-09-017)RESOLUTION 2004-47
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
"TOPPING WAY NO. 3,"
APPROXIMATELY 0.596 ACRES
LOCATED AT 166'78 TOPPING WAY
(APN.: 532-09-01'7)
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`0.59b acres
on 1:6678 Topping Way (APN: 532-09-017) has been filed by Atousa Ghafouri and Mike Masoumi;
and
WHEREAS, said territory is uninhabited and a'll owners of land included in the proposal
consent to this annexation; :and
WHEREAS, Section 56757 of the California Government Code states thatthe LocaLAgency
Formation Commission shall not review an annexation proposal to any City in Santa Clara County
of unincorporated territory which is within the urban service area of the city in initiated by resolution
of the legislative body :and therefore the Town Council of the Town of Los Gatos is now the
conduction authority of :said annexation; and
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 public hearing; .and
WHEREAS, evidence was presented to the Town Council;
NOW,THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos
as follows:
That it is the conducting authority pursuant to Section 5.6757 of the Government Code for
the annexation of property designated "Topping WayNo. 3," more particularly described in
Exhibit A and B;
2. That the following finding are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately 0.596 :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
required by the Town's agreement with the County of :Santa Clara.
c. The project is exempt .from C.E.Q.A, under the provision of the California
Administrative Code, Title 14, .Section 15061{b)(3).
d. The Town Council enacted an ordinance over 20 years ago pre-zoning the subject
territory with an R1:8 (single family residential, 8,000 sq. ft. minimum lot size)
zoning designation.
e. That the territory is within the Town 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 incompliance 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. 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..
i. That 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 has complied with all conditions imposed by the Commission for
inclusion of the territory in the Town's urban service area.
3. That Santa Clara County and the Santa Clara County Library Service Area, that will lose
territory as a result of this reorganization, have consented in writing to a waiver of protest
proceedings.
4. That all property owners and registered voters have been provided written notice of this
proceeding and no opposition has been received.
5. That said annexation is hereby ordered without any further protest proceedings pursuant to
Section 56663 (c/d) and is subject. to no terms or 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
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 19th
of April, 2004,. by the following vote:
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Przynski, Mike Wasserman, ,
Mayor Steve Glickman
NAYS : None
ABSENT: None
ABSTAIN: None
SIG ED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
"~ r
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TV'p`fU*T L~ A 99
AN1vl~xA~rxoly To or Loses
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DAB RITARX 19,..2004
All that real property situate in the County of Santa Clara, State of California described as
fO110WS:
Beginning at the northeasterly end of a curve on Lot 52 as shown on that certain Map
entitled, "Tract No. 328, Kenwood Acres", which Map was filed far record in the office
of the ~tecorder of the County of Santa Clara, State of California in Book 10 of Maps at
page 56, said point being on the .southerly line of Tapping Way as shown on said Map
and being the southeasterly corner of that certain annexation to the Town of Los Galas
entitled, "Englewood Ave. No. S"; thence along the .northerly line of said Lot S2 and the
southerly line of Topping Way S 62°46'45" E 107.40 feet; thence along a tangent curve
to the left thru a central angle of 03°49'42" with a radius of 550.00 feet for an arc length
of 36.75 feet to the northwesterly corner ofLot 54 of said Tract No. 32$, Kenwood
Acres, thence along the westerly line of said Lot 54 S 33°1.8'00" W 1.39.39 feet to the
.southwesterly corner of said Lot S4; thence along the southerly line of said Lot 54
S '73°20'45" E 90.02 Feet to the southeasterly corner of said Lot 54; thence along the
easterly line of said .Lot 54 N 32°39'45" E 127.14 feet and N 12°51''45" E 7.93 feet to the
northeasterly corner of said Lot 54 and the southerly line of Topping Way; thence along
the said southerly line of Topping Way .along a curve to the left from a tangent which
bears S 7S°26'22" E thru a central angle of 02°25'23" with a radius of SS0.00 feet for an
arc length of 23.26 feet; thence .leaving said southerly line of Topping Way N 12°08' 1S"
E 60.00 feet to the northerly line of Topping Way; thence slang said northerly line of
Topping Way along a curve to the right from a tangent which bears N 77°S 1'4S" W thru
a central angle-of 15°05'00" with a radius af490.00 feet for an arc length of 128.99 feet
and N 62°46'45" W 95.3.9 feet to the easterly line of said annexation "Englewood Ave.
No.. S"; thence slang said annexation "Englewood Ave. No. 5" S 38°32'24" W 61.19 feet
to the PO1NT G1F BEGINNING.
Said parcel of land containing 25,953 square feet or 0.596 acres, more or less.
Prepared by:
Malvin D. Kirkeby
RC.E. No. 14001
Expires 3!31/2005
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