2008-045-Making Determinations And Approving The Reorganization Of Territory Designated Topping Way No.5 Approximately .66 Acres Located At 16538 Topping Way (Apn: 532-09-027)RESOLUTION 2008-045
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
TOPPING WAY NO. S
APPROXIMATELY .66 ACRES
LOCATED AT 16538 TOPPING WAY
(APN: 532-09-027)
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 .66
acres located at 16538 Topping Way (APN 532-09-027) has been filed by Dan Boyd & Gina
Florentino Boyd; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent 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 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:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated as Topping Way No. 5, 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 .66 acres,
inclusive of road right-of-way.
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 ZO years ago pre-zoning the subject
territory with an R-1:8 (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 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. That the proposed annexation does not create islands 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 within 300 feet of aTown maintained roadway.
lc. 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 of the Town of Los Gatos,
California, held on .the 21st day of April, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
ATTEST: ~ ~ ~
_F_.R OF T HE TOWN OF LOS GATOS
LOS GATOS, CALff'OPoNIA
SIGNED:
~v~~
MAYOR~OF THE TOWN OF LOS GATOS
LOS ~TOS, CALIFORNIA
EXHZBTT "Ar'
TOPPING WAY ANNEXATION N0.5
TO TOWN OF LOS GATOS
All that certain property being a portion of Rancho Rineonada De Los Gatos, situated in the County
of Santa Clara, State of California.
Beginning. at a point on the Northerly right of way line of Topping Way at the Southwesterly corner
of Lot 68, as shown on the subdivision map of Kenwood Acres, Tract Na. 328 recorded in Boob 10
of Maps at F~ge 56, Santa Clara County Records, said point being the Southwesterly limit of Town
of Los Gatos as established by Topping Way Annexation No. 2, approved by Town of Los Gatos
Resolution 2003-111, and recorded as Certificate of Completion Document No. 17392885 on
Qctober 2, 2003 Santa Clara County Records;
Thence along Southerly line of said town limit and Northerly right of way line of Topping Way (1)
South 77 Degrees S1Mnutes 40 Seconds East a length of 83.10 feet;
Thence continuing along said town limit across Topping Way (2) South Ol Degree 39 Minutes 26
Seconds West a length of 61.02 feet to the Southerly rights of way line of Topping Way;
Thence leaving said town limit along the Southerly right of way line of Topping Way (3) North 77
Degrees 51 Minutes 4S Seconds West a length of 219.03 feet to the Northeasterly corner of Lot 64;
Thence along the boundaries of Lot 64 (4) South 12 Degrees 08 Minutes 1 S Seconds West a length
of 1.37.00 feet; and
Thence (5) North 77 Degrees S 1 Minutes 4S Seconds West a length of 80.00 feet; and
Thence (6) North 12 Degrees 08 Minutes 1S Seconds East a length of 197.00 feet to the Northerly
-right of way line of Topping Way;
Thence along the Northerly right of way line of Topping Way (7) .South 77 Degrees S 1 Minutes 45
Seconds East a length of 204.83 feet to the point of beginning.
Containing 0.66 acres .more or less.
Disclaimer:
"For assessment purposes only. This description of land
Is not a legal properly description as. defined in the
Subdivision Map Act and may not be used as the basis
For an offer for sale of the land described."
Revised 2-6-08
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Exp. 12-31-09
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APN 532-09-027 'n
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TOPPING WAY N0. 2
ANNEXATION
DOC. N0. 17392885
10/2/2003
.SOLUTION Nq. 2003-111
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LEGEND
EXISTING TOWN LIMIT
PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE
STREET CENTERLINE
DISCLAIMER:
"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 the basis for an offer for sale 4f the land
described."
ASSESSOR'S PARCEL NUMBERS:
532-09-027
WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY
SARATOGA, CA.
TEL. 408-867-0244, .PAX 4ae--$67=6261
.DRAWN BY: JC
CHECKED BY: HB
JOB N0. 2007-209
ACREAGE: 0, 66
DATE: JANUARY 2008
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,* No, 4953
Exp. 12-31-Q9 ~
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SCALE: 1 "- 50'
REVISIONS: !!~ 2° 6- OQ
LAFCO RESOLUTION N0.
TOPPING WAY
ANNEXATION N0. 5
16538 TOPPING WAY
. LOS GATOS, CA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
LOCATION. MAP