2006-049-Making Determinations And Approving The Reorganization Of Territory Designated "Mireval Road No. 3", Approximately 15.4 Acres Located At The End Of Mireval Road. APN: 532-25-027RESOLUTION 2006 - 049
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
" MIREVAL ROAD NO. 3,"
APPROXIMATELY 15.4 ACRES
LOCATED AT THE END OF MIREVAL ROAD
(APN: 532 -25 -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 15.4 acres
on the End of Mireval Road (APN: 532 -25 -027) has been filed by Maureen Sturla; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this annexation;. and
WHEREAS, Section 56757 ofthe 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 ofthe Town ofLos Gatos
as follows:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated " Mireval Road No. 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 15.4 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.
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 25 years ago to pre -zone these
properties with a designation ofHR -5 (hillside residential, five (5) to forty (40) acres
per dwelling unit).
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 street
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.
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 1" of May
2006, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Mike Wasserman,
Mayor Diane McNutt
NAYS: None
ABSENT: Barbara Spector
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
MIREVAL ROAD NO.3
All of that certain real property situate in a portion of Section 27, Township 8 South, Range 1
West, Mount Diablo Base and Meridian., in the Unincorporated Area of the County of Santa
Clara, State of California, described as follows:
BEGINNING at the common corner for Sections 22, 23, 26 and 27 in the aforementioned
Township 8 South, Range 1 West, Mount Diablo Base and Meridian; said .point also being on
the boundary of the annexation to the Town of Los Gatos entitled Cypress No. 1;
Thence (1) S89"40'1 0"W 1074.62 feet, more or less, along the 'Northerly dine of said Section 27
and said boundary of the Town of Los Gatos to the .point of intersection thereof with the
centerline of Cypress Ranch Road also known as Mireval Road (formerly known as Old
McBride Road)., said .point being also the Northeasterly corner of that certain parcel of land
conveyed by Effie Walton to H. A. Bewley, by Deed dated August 21, 1953 and recorded
August 28, 1953 in Book 2711 of Official Records at .page 530, Santa Clara County Records;
Thence leaving said Town boundary and proceeding along said centerline, (2) S 61 °42' E
139.75 feet;
Thence continuing along said centerline, (3) S 0 0 15' E 34.46 feet to an angle point in the
Northerly line of that certain .parcel of land conveyed by Effie Walton to Sue E. Kinney by the
Deed recorded September 13, 1950 in Book 2053 of Official Records at page 75, Santa Clara
Records;
Thence 'leaving said centerline and proceeding along the Northerly line of said Kinney parcel,
(4) N 60 °08' E 50.42 feet;
Thence leaving said Northerly line of Kinney parcel and proceeding along the Easterly line of
Kinney parcel (5J S 2 °35' E 677 feet, more or less., to the Southeasterly corner of said .parcel
of land conveyed to Kinney and the Southerly line of that certain 27 acre tract conveyed by Earl
C. Popp et ux to Effie Walton by a Deed dated December 30, 1948 and recorded December
31, 1948 in Book 1726 of Official Records at page 336, Santa Clara County Records;
Thence (6) N89 0 40'10 "E 630.00 feet, more or less, along the Southerly line of said 27 acre
tract to a point on the Northerly boundary of the annexation to the Town of Los Gatos entitled
Blackberry Hill Road #3;
Thence proceeding along the Northerly boundary of said annexation, (7) N89 0 40'10 "E 221.85
feet more or less to a 1 1 /2 inch diameter pipe in the boundary between said Sections 26 and 27
and said pipe also being on the boundary of the annexation to the Town of Los Gatos entitled
Kennedy Road #5;
Thence proceeding along said Section line and boundary of the Town of Los Gatos, (8)
N01 0 55'34 "E 753.63 feet more or less to the POINT OF BEGINNING of this description.
Containing 15.4 acres more or less and being a portion of the Northeast % of the
aforementioned Section 27.
` T1 , • `
Ni. 2 "9Z
March 6, 2006
J: \jobs \sturla \EXHIBIT B1.doc
PLAT TO ACCOMPANY EXHIBIT A
FOR AN NEXATION ENTITLED
MIREVAL ROAD NO. 3.
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No. 29597
CYPRESS WAY N0, 1
S61 °42'00 "E ANNEXATION
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VICINITY MAP
CYPRESS .RANCH ROAD P.O.B., COMMON CORNER
ALSO KNOWN AS MIREVAL FOR SECTIONS 22, 23, 26 AND
ROAD (FORMERLY KNOWN AS 27, T 8 S, R 1 W M.D.B.&M.
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NO. 3 ANNEXATION
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BOUNDARY LINE OF
PROPOSED ANNEXATION
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EXHIBIT g I
PROPOSED ANNEXATION
TO TOWN OF LOS GATOS
TERESITA WAY
ENTITLED MIREVAL ROAD NO. 3
DATE: OCTOBER 19, 2005 I SCALE: 1" = 300' 1
BY: C. A. D.
KENNEDY ROAD