Loading...
2008-129-Approving The Reorganization Of Territory Designated Englewood Avenue No 7 Approximately .67 AcresRESOLUTION 2008-129 RESOLUTION OF T1-IE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED ENGLEWOOD AVENUE NO. 7 APPROXIMATELY .67 ACRES LOCATED AT 16551 ENGLEWOOD AVENUE (APN: 532-07-021) WIIEREAS, 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 .67 acres located at 16551 Englewood Avenue (APN 532-07-021) has been filed by Masud and Mojgan Maesumi; 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 resoh~tion of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction authority of said annexation; and WIIEREAS, Govenullent 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 die annexation. without public hearing; and WHEREAS, evidence was presented to the Town Council; NOW, TIIEREFORE, 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 Govermnent Code for the annexation of property designated as Englewood Avenue No. 7, 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 .67 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 20 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 malting 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. T71at the proposed annexation is consistent with the Town's General Plan. j. That the territory to be annexed is adjacent to a Town boundary. lt. '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 FtIRTHER RESOLVED that upon completion of these reorganization proceedings the territoi°y reoi°ganized will be taxed on the regtila~° County assessment roll, including taxes for existing bonded indebtedness. PASSED AND ADOPTED at a regular meeting of the Town Council held on December 1, 2008, by the following vote: AYES: Steve Glickman, Diane McNutt, Joe Pirzynslci, Barbara .Spector, and- Mayor Milce Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: ~j~ `,~ ~~y~iCl~'~r ~~C l~~~~~'~'~-~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Az°rl.s~r: ~ ~~ERK OF TIIE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A DESCRIPTION TO ACCOMPANY ANNEXAT'lON OF TEI2RI'TORY KNOWN AS ENGLEWOOD AVENUE NU. 7 All that certain real property located in the County of Santa Clara, State of California, being a portion of the Rancho Rinconada De Las Gatos, more particularly described as follows; BEGINNING of the southwcstct•ly corner ol'that certain Annexation to the 'T'own of Los Gatos ls,nown as Englewood Avenue No, 5, said point lying along the north~vestet'ly line of Englewood Avenue, SO' wide, at the terminus of an arc beginning along the southeasterly line of Loma Street; thence along the southwesterly most line of said Englewood Ave No, S Annexation, (1) S 53°32'08" E, a distance of 50,00' to the southeasterly most corner oi'said Englewood Ave No. 5 Annexation, thence leaving said Annexation Englewood No,S and along the southeasterly lice of Englewood Avenue to the terminus of an arc beginning along the st)uthwtsterly line of Topping Avenue as shown on that certain Map entitled "Tract No 328, Itenwood Acres" tiled in Boole 10 of Maps at page SG, Santa Clam Comrty i2ecords, to the point of compound curvature of a tangent curve, concave to the southeast, having radius of 1486.38' a central angle of 04°16'38", a and a chord of 110,93' bearing N 34°19'35" l:; thence (2) southwesterly along said curve, a distance of l 1096' along the southeasterly line of Englewood Avenue; thence continuing along said Englewood Avenue, (3) S 32°1.1'16" W, a distance x('128.16' to the point of curvature of a tangeni curve, concave to the nxrtheast, having a radius of 20.00' and a central angle xf 106°38'45"; thence (4) southeasterly along said curve, a distance xf 37.23' to the nxrtheasterly line of Marehmont Avenue, 60' wide; thence (S) S 15°32'31" W, a distance of GO,UO' to the southwesterly line of Marclunxnt Avenue; thence along said southwesterly line of Marehmont Avenue, (6) N 74°27'29" W, a distance of 29.90' to the point of curvature of a tangent curve, concave to the southeast, having a radius of 20,()0' and a cenh•ul angle of 73°21'IS"; thence (7) southtivestcrly along said cuz•ve, a distance of 25.61' to the southeasterly line of Englewood Avenue; thence along the southeasterly line of Englewood Avenue, ($) S 32°11'lb" W, a distance of 35.92'; thence leaving said Tract No 328, (9} N 57°4$'44" W, a distance of SO,OU' to the northwes#erly line of Erzglt:wood Avenue; thence along the tzorthwesterly line of Englewood Avenue, (10) N32°l l'IG" E, a distance of .54.11'; thence leaving said northwesterly line of Ifiglewood Avenue and along the southwesterly line of the lands described in that certain deed filed i'xr record in Document No. 124431(}2, Santa Clara County lt.ecords, (11) N 78°41'42" W, a distance of ISO.UO' to a point altmg the southeasterly line of hems Avenue Nx, 1 Annexation; thence along the southeasterly line of ~Fcrris Avenue No. 1 Annexation and the northwesterly line ol'the lands of said Document No. 12443102, (12). N 32°11'16" I~,, a distance of 54,11'; thence leaving said southeasterly line xf Annexation berets Avenue Nn, 1 ~rnd along the nxrtheastet•ly line xf said Document No, 12443102, (13) S 7tI°41'4x" E, a distance of 150.00' to the northwesterly line xf Englewood' Avenue; thence along the northwestet•ly lice g1'Englewood Avenue, (14) N 32°11'16" E, a distance of 160.24' to the point xf curvature of a tangent cw•ve, concave to the southeast, having a radius of 1536.38' and a central angle of 04°16'38"; thence (15) northeasterly along said curve and along the northwesterly line of Englewood Avenue, a distance of 114.G9'to the POINT Or BEGINNING. Cxntaining 29,003 sq ft ot• O.GG58 acres mote oz• less APN NO.532-07-021 ADDRESS; 16551 ENGLEWOOD AVENUE Athtched 1teCetx is tt lilrtt labeled Exhibit"B" and by this reference made a part thereof, Description prepared Septenther 23, 2008, For asscssrnent purposes only, 'l•hfs description ot'land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for ate offer for salg of the land described. ENV OFDT',SCRll'T1OiY .,,~='`'r~ti~FI:SSlr,1~v~~,ti~ .. , ~ ~r`• ~- ~. -.~ Mun Kyu T.,ee ~ • • 7 'rY+ R.C.E. Nx. c-258x1 h't:. ~ ~~~~~ `xr' f expires 12-31-09 , .! t~ ) q ~l ~•;;.~. l l j. l;A~--~ I ;,-~~~ ~~t~•F. ~Sl p~y~•~ VICINITY MAP ~~.. 'rj•. ~n o cn ~.. z FE~,R~S ,`~ ~~. ~ ~5b~ ~ 51tE ~ a ._ cor 6 r~a'~a -"~ N4. ~ ~.\~. c,c~ tyf~,log ~ ENG EWO AVE ~ ~~ _ C I ~ - - --___ r O. 3650 ~ ~1'p C 1 ~ 1 t ~4~ ~ ~ ~ q~' a 11 1 ~1 j') 54,1) + ~ -= `-~~.......... ~ o~~ s'c, m rn G ~' ~ EXHIBIT B "~ ~ z ~ PLAT TO ACCOMPANY o -,. ~ ~ ANNEXATION 'N d °' ° o OF TERRITORY KNOWN AS d r ao ~ ~ ~. °~ " ENt,~LEW0017- A.V~Fa. N0.7 " z ~~ "' ~ `" TO THE TOWN OF LOS GATOS .~. ° N o .~ a a ~ ~, being a portion of the ' ° -' Rancho Rinconada De Los Gatas '~~ '~ Q ° ~' ~' ~ STATE OF CALIFORNIA ~' ~ ~" '1 ~; o ~ ~ DATE: 09-23-08 SCALE; 1" = 30' APN N0.532-07-021 ADll[tESS; 16551 ENGLEWOQU AVENUE. Eor assessment purposes only, This description oi'laud ANNEXATIC7N AR]rA is not ~ legal property description as defined in the O,fi658 acres Subdivision Map Act and may nat be used as the basis ' 29003 sq ft t'or an oPi'cr for sale of the land described, - -• -- --- - -- LOS GAT'OS 'OWN LIMITS S4, (1' N ~~2°11-1G~""` ~ ~-... _ PROPOSED ANNI=XATIDN LlM1TS ~ N 32°(14) 11 ~~ o v; 16 j; o ~`.ti ~'~ N ! 60.29' (1 S) '~~ ~b- ---_.___._.__.,..G ~, E ~ ~~ ~`! 14.69+ ~ _____ ~~Q ~ A ~ L1=04°16'38" R=I53G,38'`"" ~l' • E~U~ N !+_ 532°f!~l6.. l11 ~ 2 00 ~~~~°. ~~~"---~ 35.92+ W~~~yy ~ ~pf ~-•--~_ __.__.,_. `y---~~.-~ g, ,4~ / O 7~ ~ ! l,u ~ ~ 638" (2 ! -~ ~cr i> Cr1 ~. 532°11'15,+ W It~)'~86.38' !~`-' `~ `~ N ~ ~ . ~Sl 128.16' L=! 10,96' c.W •~ _ ~3) z S IS°3 '31" `~ 60, d' 3Q' 30' CONSENT TO WA1VE PROTEST PROCEEDINGS This form zxzust be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OP' PROPOSAL: Englewood Avenue No. 7 ~'~ -Brief Description of Proposal; This proposal is to annex a single .67 acre parcel of residential property (inclusive of road right-of-way) to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16551 Englewood Avenue, Los Gatos, CA 95032 Assessor's Parcel Number: 532-•07-Q21 The Cormty of,Santa CIara, losing tezz•itory as a result of this proposal does Hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). SignatlueofAuthorze epzesentative /~ ~ d ~ Dat----~~ :a~ ,tn~ «~~~ Title of Repres ntative In the case of inhabited (12 of•more registered voters} or uninhabited city or district annexations or• detachments or both, §SGGb3 ©} c~'c (d) of Government Code allows for waiver of protest proceedings if.• Unlrehabitecl area j§Sbb63~J area with less tliun 12 r•egisterecl voters Inhabited area j§Sbbb3(rl)] Area with Y2 ar mare registered valets All oyvnc:rs of land within affected area consent to I'own provided written notice (of project and `Town s annexation intent to not ]cold a protest proceeding) to all property owners and registered voters and ifrto written opposition is received from them I>rior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver ofprntestproceedmgs written consent to waiver' gfprotest proceedings If at the public hearing dhere is opposition expressed regarding the proposal or Town Council s intent to waive protest proceedings, then protest proceeding witd be required. lnclostues: Detailed Map and Description of proposal ATTACNM~NT. 2 N:V)PVGSUZANNLlANNGXATJON~TsNOLIi WOODND.7V3NOLBNOODNg7•SCG W,UOC F Doc Greeted: 5/?.7/03 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by a.gencics losing or gaining territory if .they desire that protest proceedings be waived. DESIGNATED 'TITLE OF PROPOSAL: Englewood Avenue No. 7 Brief Description of Proposal This proposal is to annex a single .67 acre parcel of residential property (inclusive of road right-af-way) to the Tawn of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the V1/ilfiamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16551 .Englewood Avenue, Las Gatos, CA 95032 Assessor's Parcel Number: 532-t)7-021 The S1ixt1 Clara County I,ibra~y Service Area, losing territory as a result of this proposal does Hereby consent to the waiver of protest proceedings in accordance with Govermnez~.t Code Section 56663 (c) & (d). Si.gna iu•e of Authorized Representative Date Administrative Services Manager III In the case of 'inhabited (12 of rr[are registered voters) or uninhabited city or district amtexations ar• detarhrnertts or both, §566fi3 ©} & (d) of Gvvernnrent Code allows for waiver of protest pr•oceerlings if.• UrrinhabiteEl urea [§S((63~j] Area with less tltar[ X2 registered voters Inhabitecl area (§566G3(d)] Area with 12 ar more registered voters ill owners of land within c ffected area consent to Town provided written notice (afprofect and Town s• annexation intent to not holcl a protest proceeding) to all property owners and rPgister•ed voters .and if no written opposition is received from them prior to conrl[[sion of rneeting All cffected agetzE;[E:s tfnrt gain nr losE; lE~r•ritory give f[Il affected agencies chat gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest pr•nceedings If at the public hearing there is apposition expresso d t°ngarding the pr•nposal or Town Cauncd s intent to waive protest proceedings, them protest proceedirg will be required, Enclosures: Detailed 1v1ap and Description of proposal ArTACHPir.N ]' 3 N:\DGVISUZANNB\ANNGXA'I70NhGN6LC1VO0DN0.71BNOLG~V00DN07-LW.DOC DOC CfBafBd: 5t27t03