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2004-045-Ordering And Calling A Special Election For The Purpose Of Annexing Certain Territory Designated As Blossom Hill Manor #11 To The Town Of Los Gatos.RESOLUTION 2004 - 45 RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ANNEXING CERTAIN TERRITORY DESIGNATED AS BLOSSOM HILL MANOR #11 TO THE TOWN OF LOS GATOS; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES FOR THIS MAILED BALLOT ELECTION TO BE HELD ON AUGUST 31,, 2004; DETERMINING THE QUESTION TO BE SUBMITTED TO THE VOTERS; AUTHORIZING REIlVIBURSEMENT FOR SAID SERVICES: AND AUTHORIZING AND DIRECTING THE TOWN CLERK TO PUBLISH NOTICE AND TAKE .STEPS .NECESSARY FOR THE ELECTION RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation of the County of .Santa Clara, .State of California, that 1. Pursuant to the provisions of Sections 57075 and .57100 of the Government Code of the State of California, the annexation to the Town of Los Gatos of that territory designated as Blossom Hill Manor #11, and described in .real property description and map attached hereto, marked Exhibits "A" and "B", respectively, is approved, and that the same be annexed to the Town of Los Gatos, subject to a confirmation of the voters on the question. 2. A special election to determine whether the territory .known as Blossom Hill Manor #i 1 shall be annexed to the Town of Los. Gatos is hereby called to be held on August 31, 2004. 3. The question to be submitted to the voters shall be: "Shall the order adopted on March 18, 2004, by the Town of Los Gatos ordering the annexation to the Town of Los Gatos the territory described in that order and designated as Blossom Hill Manor No. 11, be confirmed?" Yes No 4. Pursuant to Blections Code Section 10002, the Town Council hereby requests the Board of'Supervisors of the County of Santa,Clara, subject to payment by the Town of Los Gatos of all expenses incurred, to make .available the services of the County Clerk and/or the Registrar of Voters for the purpose of performing all of the usual services necessary in the conduct of a special election, including but not limited to (a) establishing the precinct(s) and voting place(s).; and (b) causing a voter ballot concerning the proposal to be printed and mailed to each voter entitled to vote on the question. 5. The Clerk of the Town of Los Gatos is hereby authorized and directed (a) to give notice of the election by ,publication, posting, and mailing as required by Government Code Sections 57130 and 57131; (b) to transmit notice of the election to the executive officer of Santa Clara County LAFCO within five days as required by Government Code Section 57144; (d) to select the argument for and against the measure to be printed and distributed to the voters as set forth in Election Code Section 9166; (e) enable preparation and submittal of rebuttal arguments as set forth in Government Code Section 57147 and Elections Code Section 9167; (f) to certify and transmit a copy of this resolution to the Santa Clara County Board of Supervisors; and (g) to do all other things required by law to hold this election. 6. The vote required for confirmation is a majority of the votes cast on the question. FURTHER RESOLVED, that upon confirmation of these annexation proceedings by an election, the territory annexed 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 19t" of April, 2004 by the following vote: COUNCIL MEIYIBERS: AYES: .Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor .Steve Glickman. NAYS: None ABSTAINED: None ABSENT: None SIGNED:. ,,,~i~-°°"..,,~.~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: r~~ei CLERK OF THE TOWN OF O GATOS LOS GATOS, CALIFORNIA EXIOBIT A ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED BLOSSOM HILL MANOR N0.11 ALL OF THE REAL PROPERTY SITUATE IN SANTA CLARA COUNTY,'CALIFORNIA BEING MORE PARTICULARLY HOUNDED AND DESCRI6BD AS FOLLOWS: BEGIIVNIIITG AT THE SOSTERN CORNER OF LOT 424 AS `SHOWN ON THAT CERTAIN MAP 'D "TRACT N0.862, BLOSSOM HILL MANOR, UNTT NO.4" AS :FILED IN BOOK 38 OF MAPS, AT PAGES 5, 6 AND 7, SANTA CLARA COUNTY RECORDS, SAID CORNER ALSO BF.>iv(1 ON THE BOUNDARY LINE OF THE ANNEXATION TO THE TOWN OF LOS GATOS ENTI!'LED "BLOSSOM HQ.L ROAD NO. 8"; THENCE PROCEE,pIlVG ALONG SAID BOUNDARY LINE AND THE SOtTI~IERN BOUNDARY OF SAID TRACT NO.862 1) SOUTH 89° 56' 15" WFST 548.18 FBEI' TO AN IRON PIPE IN THE CENTER Lir1E OFDAHLIA WAY; THENCE 2) NORTH $9° 59' WEST' 351.24 FEET TO THE SOU'IfTL1tN COMMON CORNER OF LOTS 414 AND 415 OF SAID TRACT; THENCE LEAYIIVG THB BOUNDARY LINE OF'THE AS~INEXATTON TO THE TOWN OF LOS GATOS ENTITLED 'BL0530M HILL RQAD Np. $" ArID ALONG THE BOUNDARY LIMB OF THE ~11+INEXA.TION TO THE TOWN OF LOS OATOS BN1TI'LBD "BLOSSOM HILL MANOR NO.3" AND ALONG THB COMMON BOUNDARY OF...SAID LOTS 414 AND 415 AND THE EXTBrISION THEREOF 3) NORTH 0° Ol' .EAST 160.00 FEET TO A POINT ON THE SOUTHERN ~UNDARY QF LOT 398 OF SAID TRACT; TH~CE ALUNGrTHE LAST SAID SOUTHERN BOUNDARY 4) NORTH 89° 59' WEST 32,09 FEET TO THE SOON COMMON CORNER OF LOTS 398 AND 399 OF SAID TRACT; THENCE ALONG THE COMMON BOUNDARY OF SAID LOTS 398 AND 399 5) NORTH 0° Ol' EAST 102.45 FEET TO THE NORTHERN COMMON CORNER OF SAID LOTS 398 .AND 399; 'ITIENCB ALONG THE NORTHERRN BOUNDARY OF SAID LOT 399 6) NORTH 89°.59" W11S'I' .3,00 FEET' Z O AN IRON PIPBAT THE SOUTHERN COMMON CORNER OF PARCEL "A" AND PARCEL "S", AS SAID PARCELS ARE SHOWN UPON THAT CERTAIIV MAP F'IIrED IN BOOK 484 OF MAPS, AT PAGE 49, :SANTA CLARA COUNTY RF,CORD6; THENCg LBA'VII~TG THE BOUNDARY LINE OF'ITB; AliNBXATION T0'THE TOWN OF LOS GATOS EI~TITIZID "BLOSSOM HILT, MANOR N0.3" AND ALONG THB BOUNDARY LINE OF THE ANNEXATION TO THE TOWN OF LOS GATOS EiN'ITIT.ED 'BLOSSOM HQ.L MANOR N0.4" AND ALONG THB COMMON BOUNDARY OF SAID PARCEL "A" AND PARCEL "B" ~) NORTH 19°09'25" WBST 24.35 FEET TO A C~ItSELED '7L" 1N A CONCRETE WALK; THENCE . 8) NORTH 0° 01' EAST 38.25 FEBT TO A CIIISBLBD "X" IN A CONCRETE WALK; 'I~YENCE 9) NORTH 31° 3T 30" EAST 15.2fi FEET T!O AN IRON PIPE; THENCE EXHIBIT A . ~ _.._ ,_ --__ 10) NORTH 0° Ol' EAST 26.00 FEBT Tp AN IRON PIPE AT 7HB NORTHERN COMMON CORNER OF SAID PARCEL "A".AND PARCBI,'B" ON TIC SOUTHERN LINE OF OLEA~NDBR AVENUE; 7HENCB LEAYIN(1 THE BOUNDARY LINE OF THB .A-I~INEXATION TO THE TOWN OF LOS GAT'OS ENT'rTLF.D "BLOSSOM IIILi. MANOR NO.4" AND ALONG THB BOUNDARY LINB OF TZTE ~-NNSRATTON TO THB TOWN OF LOS GATOS ENT!'I7.ED "BLOSSOM HILL MANOR NO.10" 11) NORTH 1°22'04" WEST 60,OZ FEET' TO TIBBNORTHT?RN LING DF OLEANDER AVENUE; TI•IENCE LEAVING THE BOUNDARY LIlVE OF THE ANNEXATION T'0 THE TOWN OF LOS GATOS "BLOSSOM H[LL MANORNO.10" 12) EASTERLY ALONG ANON Ti~NG~I' CURVB CONCAVE TO TH8 NORTHWPST FROM A RADIAL BEARINtI OF SOITTH 0'D Ol' WEST' HAVING A RADIUS OF 20.00 FEET'THR~OiXiH A CENTRAL ANGLE OF 90° 00' AN ARC DISTANCE OF 31.42 FEET TO A POINT ON THE WESTERN LINE OF AZALEA WAY; THENCE 13) SOUTH 89° 59' EAST 60.00 FEET TO A POINT'ON THE EASTERN LINE OF AZALEA WAY; THEDICE 14) SOUII~RLY ALONG A NOIWTANGENT CURVB CONCAVE T'O TITS NORTHEAST FROM A:RADIAL BEARING OF NORTT3 89° S9" WEST HAVING A :RADIUS OF 20.00 FEBT'THROUGH A CENTRAL ANGLE OF 90° 00' AN ARC DISTANCE OF 31.42 FEET; THENCE ALONG THB NORTHERN LINE OF OLEANDER AVENUE 15) SOUTH 89° S9' EAST 164.00 FBET; THENCE '16) I;AS'IERLY ALONt'ANON-TANGENT' CURVE CONCAVE TO THE NORTI']lVVFS'T FROM A RADIAL BEARING OF SOUTH 0° Ol' WEST HAVING A RADIUS OF 20:00 FEET THROUCRI A CENTRAL ,P-NGLB OF 90° 00' AN ARC DL4TANCE OF 31.42 .FEET TO A POINT OF THE VVJESTERN LIlVE OF JACARANDA. WAY; T'I•II3NCE 1'n SOZT!'FI 8~1D 39' FAST 60.00 FBET T'O A POINT OF THE EASTERN LINE' OF JACARANDA WAY; THENCE 18) SO[JTHERLy ALONG A NON TANGffiUT CURVE CONCAVE TO THL • NORTHEAST FROM A RADIAL BEARING OF NORTH 89° 39" VVES'T HAVING A RADIUS OF 20 00 FELT THROUGTi A C.EIV"I'RAL A1vGLE OF 90° QO' AN ARC DISTANCE OF 31.42 FEET; THENCE ALONG THE NORTHERN L1NE OF OLEANDER AYEDiUE 19) SOUTH 89° S9" FASST` 170.00 FEET;'IHENCE . 20) EASTERLY ALONG A NON TANGENT CURVE CONCAVE TO THS NORTHWEST FROM A RADIAL BEARING OF SOUTH 0° Ol' WEST HAVING A RADNS OF 20.00 FEET THR~OiJGIi A CENTRAL ANGLE OF 90° 00' AN ARC DISTANC>~ OF 31.42 FEET T'O APOINT ON TZ-ifi WT?.STERN LINE OF ESCOBAR AVEN[JE; SCE 21) SOUTH 89° S9' BAST 60.00 FBST TO A POWT ~ THE EASTTRN LAVE OF ESCOBAR AVENUE; TT~NCE 22) SO[TIH$RLY ALONG A NON TANGENT CURVE CONCAVE TO THE NORTHEAST FROM A RADIAL BLEARING OF NORTH 89° S9" VYEST :HAVING A .RADIUS OF 20:00 FEET THROUGH A C~1T'RAL ANGLE OF 90° 00' AN ARC DISTANCE OF 31.42 FEET; THENCE ALONG THENORT'FIBRN L1NB OF OLEANDER AVENUE 23) SOUTH 85-° S9''EAST 75.00 FEET; THENCE 24) ALONG A TANGENT CURVB CONCAVB TO THB SOUTTI HAVINO A RADIUS OF 245.00 FEET THROUGH A Cffi~1TRAL ANGLE OF 15° 2P 23" AN ARC :DISTANCE OF 66.09 FEET TO A POIIVT OF REVERSE CURVATURE; THENCE 25) ALONG A TANGENT CURVE CONCAVB TO TIC NORT HAVING A RADYiJS OF 20.00 FEET' THROUGH A CENTRAL ANGLE OF 80° 13' 23" AN ARC DLSTANCE OF 28.00 FEET TAD A PO1NT ON THE NORTfIi~VE.S"TERN LINE OF JASMINE WAY; THENCE 26) SOUTH 64° 45' EASE 50.00 FEET' TO A POINT ON THE SOi~~AST1'sRN LIMB OF JA;SMIIVE WAY; TIB3NCE 27) ALONG A NON TANGENT CURVE CONCAVE TO THB EAST FROM A RADIAL BEARINCI OF NORTH 64° 4S WF.S'I' HAVING ARADIUS OP 20.00 FEET THROU($I A CENTRAL ArK3LE OF 80° 13' 23" AN ARC DL4TANCE OF 28.00 FEET TOA POII~tI' OF P;EVERSB CURVATURE; THENCE ALONG THE NORTHEASTT3RN LINB OF OLEANDER AVBIVUE 28) ALONG A TAN~iFENT CURVE CONCAVE TO THE SOUTHVVF.ST HAVIIVG A :RADIUS OF 245.00 FBBT THROUGTI A C'IxNTRAL ANGLE OP 34° 39' 09" AN ARC DISTANCB OF 103.42 FBBT; THENCE 24) SOUTH 30° 19' 14" EAST 70.32 FEET; T~IENCE LEAVING THB N LINE OF OLEANDER AVENUE 30) SOUTH 59°40`46" WEST 60.00 FEET TO THE LINB OF OLEANDER AVENUB; TH~iCE X 31) ALONG ANON 1`A-NGBNT CURVE CONGA,VE TO THE NOR'IgIWEST FROMA RADIAL :BEARING OF NORTH S9° 40' 46" EAST HAVII~TG~ A RADIUS OF :20.00 FFET THROUGH A CENTRAL ANGLB OF 99° 29' S3" AN ARC DISTANCE OF 34.73 FEET TO AN IRON PIPE ON THE SOUTHERN BOUNDARY OF LOT 388 OF SAID TRACT ON THB NORTi~?RN LINE OF LILAC AVENUE; THENCE LEAVII~IG LAST SAID SOITTHi~tN BOUNDARY 32) SOUTH 3° 06' 46" EAST 62.48 FEET TO THE NORTHERN COMMON CORNER OF LOTS 424 AND 425 OF'SAID TRACT; THENCE ALONG THE COMMON BOUNDARY OF SAID LOT'S 424 AND 425 33) SOUTH 17° S9'' EAST 124.62 FEET T'O THE POINT OF BF.GINriIlITG CONTAINIIV'G 8.71 ACRES (379,357 SQUARE FEET) MORE OR LESS R~evi~ed Sept. 17, 2003 84t8 wa~eaw~.n~~ ~o~~ ~P ' Q/7oi ~ ~ ~ ,,. ~4.+ '~. ~ ~ ~~ ~~~ ~ ~ ~~ ,.. tea.. ~ ~ ~ ~~ ~ ~ ~ . ~ ~ ~ ~~ I s ~ ~5 ~ ~ ~~ ~ ~ ~~~ I ~ ~ ~ '~ Q ~~~ ~ ~~ I ~ ~ I ~ g ~ ~ ~ ~~ ~` ~ ~~ ~ ~~~ ~~ ~~ ~ ~~ ~ ~ ~ ~ I w I~ ~ ~~ I . ~~ x ~~$ I rerw ~~ ~ ~ t ~~~ '. ' ~ Y ~ ~' c ;~i.. iY a` t u ~: ~ ~~' ~' ~` ., s a ,.{~ - _ , ,<: -~ f= ~ it ~. ~~~ ~ ~~ ~~ ~ m ~~ ~ ~ a ~~ ~ (U ' ~ BtTa - ~~ I ~~* C ?~ S~ .o ~~ ~~ ~ ~~ '.b+ ~~ t ~~ a vrr~ a~, ~ a~ ~~ $ I ~. Exhibit 6 ~~.~ ~~ TOWN ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURB This measure would confirm the proposed annexation to the Town of Los Gatos of the unincorporated territory known as Blossom Hill Manor No. 11. Annexation was initiated by petition of residents of Blossom Hill Manor No. 11. State law requires that an election be held to confirm a proposed annexation where written protests are filed and not withdrawn by more than 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of the land within the affected territory. The Town Council held a public hearing on February 17, .2004, and determined that the proposed Blossom Hill Manor No. 11 annexation received written protests that were not withdrawn by more than 25 percent of the number of owners of land who also own at .least 25 percent of the assessed value of the land within the territory. The general boundaries of the affected territory are: South of the Northern boundary of Oleander Avenue, West of and excluding the intersection of Oleander.Avenue and Lilac Avenueand West of the Eastern boundary of Assessor's Parcel No. 523-13-037, North of the Southern boundaries of the parcels of property fronting the South side of Lilac Avenue, and .East of the Western boundaries of Assessor's.Parcel Numbers 523-13-031., 523-13-043, and 523-13-06`5, and the Western boundary of the intersection of Oleander Avenue and Azala Way, in the County of Santa Clara. If annexed, residents and property owners in the territory would have the same rights and receive the same Town services currently provided residents and .owners of properties within the Town limits. These would include the right to vote for Town officials, to participate in Town boards and commissions, and to receive aw enforcement services from the Los Gatos-Monte Sereno Police Department. The Town would be responsible for street maintenance within the territory. Applications for development permits, including building and land use approvals, would be processed by the Townrather-than the. County and would be subject to Town standards, including historic preservation and tree protection, .and- associated development and building permit fees. :Fire, ambulance and water services would not be affected by annexation. Garbage collection services rates, which are subject to change, are currently dower in the Town. If annexed, properties would no longer be subject to the parcel tax that funds the County library system. Basic property tax~rates and school districtboundaries would not change as a result of annexation. Measure _ will be voted on only by .registered voters residing within the Blossom Hill Manor No. 11 area. A majority vote .either for or against confirming the annexation shall determine whether the territory is .annexed to the Town of Los Gatos or remains within the jurisdiction of the County of Santa Clara. ~~ O y P. Korb Los Gatos Town Attorney The above statement is an impartial analysis of Measure _. If .you desire a copy of the measure, please contact the Town Clerk's office at (40.8) 354-6834 and a copy will be mailed at no cost to you.