2010-102-Approve Reorg Or Territory At Hilow Road No. 4 16397 Hilow RoadRESOLUTION 2010 -102
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
HILOW ROAD NO.4
APPROXIMATELY 1.12 ACRES
LOCATED AT 16397 HILOW ROAD
(APN: 532 -04 -062)
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
1.12 acres located at 16397 Hilow Road (APN 532 -04 -062) has been filed by Nien -Tsu Wang;
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:
That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated as Hilow Road No. 4, 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 .58 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.
C. 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.
That the proposed annexation is consistent with the Town's General Plan.
That the territory to be annexed is within 300 feet of a Town maintained roadway.
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
LUC Le111LULy annexed will De LLClACI1GU 1rUfI1 We JQllla l.lar$ I.ULIIlty Library 50rVlee 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 November
1, 2010, by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
. EXHIBIT "A"
ANNEXATION 1 ROAD NOA
TO TOWN OF LOS GATOS
All that real property situated in the County of Santa Clara, State of California being a
portion of rancho "Rinconada de Los Gatos" described as follows:
Beginning at the Northeast corner of Resolution No. 2005 -135 entitled "I -Flow Road
No.2" dated January 27, 2006 to Town of Los Gatos, said corner being on the Easterly
right of way line ofHilow Road (60 feet wide) 26.61 feet along a non- tangent curve to
the right, said curve having a radius of 817.48 feet, a delta of 1 Degree 51 Minutes 55
Seconds, and a radial:bearing.:of North 70 Degrees 19 Minutes 55 Seconds West from the
Southwesterly corner of Lot 13 as shown on the subdivision map for Tract No. 616
recorded in Book 26 of Maps at Pages 8 and 9 Santa Clara County Records;
Thence (1) along the existing Town Limit as established by said resolution North 68
Degrees 28 Minutes West a length of 60.00 feet to the Northeasterly corner of Lot 7 of
said tract;
Thence (2) leaving said Town Limit 88.26 feet along the Westerly right of way of Hilow
Road and a non - tangent curve to the right, said curve having a radius of 877.48 feet, a
delta of 5 Degrees 45 Minutes 47 seconds and a radial bearing North 68 Degrees 28
Minutes West;
Thence (3) 62.37 feet along a reverse curve to the left said curve having a radius of
817.48 feet and a delta of 4 Degrees 22 Minutes 18 Seconds to the. Southeasterly corner
of Lot 4 of said Tract;
Thence (4) leaving said right of way and along the Southerly boundary of said Lot 4
North 70 Degrees 19 Minutes 55 Seconds West a length of 155.85 feet;
-- - Thence {5) - along = the- Westerlyboundary of-said-Lot -4 -North 1-9- Degrees -40- Minutes -East — -- - - - - --
a length of 75.00 feet;
Thence (6) along the Northerly boundary of said Lot 4 South 70 degrees 19 Minutes 55
Seconds East a length of 157.16 feet to the Westerly right of way line of Hilow Road;
Thence (7) along said Westerly right of way line North 19 Degrees 40 Minutes 05
Seconds East a length of 393.14 feet to the existing town Iimit of Town of Los Gatos as
established by Resolution No. 2006 -016 entitled "Shannon Road No. 22";
Thence (8) along said town limit South 70 Degrees 19 Minutes 55 Seconds East a length
of 60.00 feet to the Easterly right of way line of I ilow Road;
Thence (9) leaving said town limit along said Easterly right of way line South 19 Degrees
40 Minutes 05 Seconds West a length of 421.69 feet;
MMIBIT A
Thence (10) 116,83 feet along a tangent curve to the right, said curve having a radius
877.48 feet and a delta of 7 Degrees 37 Minutes 42 Seconds;
Thence (11) 82.23 feet along a reverse curve to the left, said curve having a radius of
817.48 feet and a delta 5 Degrees 45 Minutes 47 Seconds to the point of beginning.
Containing 1.12 acres more or less.
Revised July 28, 2010
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 of the land
described."
No. 4953
EXP. 12-31-11
P LEGEND
ROP RTY LINE S HANNON
CENTERLINE — Q �i D
EXISTING TOWN LIMIT _r 1
LIMIT OF ANNEXATION — — —
AREA 1.12 acres more or less EXISTING TOWN LIMIT LINE
ESTABLISHED BY
OLITION NO. 2006 -01
1TLED "SHANNON RDA
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defined in the Subdivision Map
Act
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and may not be used as the
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GE 8 & 9 SANTA CLARA COUNTY RECORDS
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED HILOW ROAD NO.4
DATE: April 2010 JOB. NO. 2010 -030
BY: HARRY BABICKA I REVISED: JULY26, 2010
Sheet 1 of 1 1
WESTFALL ENGINEERS, INC.
SARATOGA. CALIFORNIA
MMIBIT B