2010-101-Approve Reorg Of Territory At Peacock Lane No. 2 16417 Peacock Lane And 16200 ShannonRESOLUTION 2010 -101
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
PEACOCK LANE NO.2
APPROXIMATELY 2.8 ACRES
LOCATED AT 16417 PEACOCK LANE AND 16200 SHANNON ROAD
(APNs: 532 -02 -028 & 075)
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 2.8
acres located at 16417 Peacock Lane and 16200 Shannon Road (APNs 532 -02 -028 & 075), and
including Peacock Lane right -of -way, has been filed by Erik Vanderburg and Daniel Bainbridge;
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 Peacock Lane No. 2, 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 2.8 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 25 years ago pre- zoning the subject
territory with an R -120 (single family residential, 20,000 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.
i. That the proposed annexation is consistent with the Town's General Plan.
That the territory to be annexed is contiguous to a Town boundary.
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 November
1, 2010, by the following vote:
CK /lIJ UVftIu : ' 3
AYES: Joe Pirzynski, Steve Rice,.Barbara Spector, Mike Wasserman, Diane McNutt
NAYS:
ABSENT:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: _
CLE MINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
ANNEXATION LINE OF PEACOCK LANE NO. 2 TOWN OF LOS GATOS
Situate in Rancho Rinconada De Los Gatos, County of Santa Clara, State of California
Being all of the lands conveyed to Erik J Van Der Burg and Patti G Van Der Burg, trustees of the
Van Der Burg Revocable Inter Vivos Trust, by Grant Deed dated September 30, 2004 and recorded
April 13, 2005 as document number 18320717 of Official Records, Santa Clara County Records
and;
Being all of the lands conveyed to Daniel C. Bainbridge and Mary-Lynne T. Bainbridge, husband
and wife, or Successor(s), Trustees of the Bainbridge Family Trust, by Grant Deed dated June 22,
1988 and recorded April 13, 2005 as document number 9816345 of Official Records, Santa Clara
County Records and being more particularly bounded and described as follows to wit:
Beginning at the point of intersection of the southern right -oPway line of Shannon Road with the
westerly line of that certain annexation entitled "Blossom Hill No. 2,' also being the northeastern
cornerof Lot 1, as said lot is shown and delineated on that certain Tract Map entitled "Tract No. 527
A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at Page 51, Santa Clara
County Records.
Thence from said point of beginning leaving said western annexation line - and along said
southern right -of -way line of Shannon Road [1] North 78° 54' West 115.00 feet to the eastern right -
of -way line of Peacock Lane as shown on said aforementioned Tract Map;
thence along said eastern right -of -way line of Peacock Lane [2] along a curve concave to the
southeast with a radius of 20.00 feet through a central angle of 91' 00'00" and a distance of 31.77
feet;
thence continuing along said eastern right -of -way line of Peacock Lane [3] South 10° 06' West
318.68 feet;
thence [4] along a curve . concave to the north with a radius of 40.00 feet through a central angle of
91 ° 00' 00" and a'distance of 63.53 feet to the southeast corner of Parcel Two of said Lands of Van
Der Burg;
thence leaving said line of Peacock Lane along the southwestern boundary of Parcel Two of Said
Lands of Van Der Burg [5] North 78° 54' West 8.74 feet to the northeast corner of that certain
annexation entitled 'Peacock Lane No. 1;' and recorded as document number 14562220, Official
Records of Santa Clara County;
thence along said last mentioned boundary [6] North 78° 54' West 20.00 feet to an angle point in the
northeasterly line of that certain annexation entitled'Bonnie Lane No. 4,' and recorded as document
number 7660170 of Official Records, Santa Clara County Records;
thence leaving said annexation line of Peacock Lane No.1 and along said annexation line of Bonnie
Lane No. 4, the following courses and distances:
[7] North 78° 54' West 138.74 feet to an angle point therein;
EXHIBIT A
[8] North 12 00' East 8.83 feet to an angle point;
[9] North 78° 56' West 62.43 feet to an angle point;
[1.0] North 10 59' East 110.00 feet to an angle point;
[11] North 9° 29' East. 75.00 feet to the southeastern corner of that certain annexation
entitled 'Shannon Road. No, 4;'
thence leaving said annexation line of Bonnie Lane No. 4 and along the easterly annexation line of
said Shannon Road No. 4 [12] North 9° 29' East 216.00 feet to an angle point;
thence [13] North 6° 12'53" West 20.95 feet to an angle point In the southwesterly annexation line
of said Blossom Hill No. 2;
thence leaving said annexation line of Shannon Road No. 4 and along said annexation line of
Blossom Hill No. 2 [14] South 78° 54' East 413.00 feet to an angle point;
thence [15] South 10° 06' West 50.01 feet to the point of beginning, and
Excepting therefrom Lots 7, 8 and 9, as said lots are shown and delineated on that certain Tract
Map entitled 'Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 In Book 18 of Maps at
Page 51, Santa Clara County Records, and
Being a parcel of 2.80 acres, more or less
For assessment purposes only. This description of land is note legal property description as defined
in the Subdivision Map Act and may not be used as the basis for any offer for sale of the land
described.
Surveyed and Compiled in July 2010 by Dunbar and Craig Land Surveys, Inc.
File no. 2010 -097
o No. 5615
z
OA:
Drawn By JPH
Checked By _
September 15, 2010
CURT G. DUNBAR PLS 5615
CONSENT TO WAIVE PROTEST
This form must be completed by agencies losing or gaining territory if they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: Peacock Lane No. 2
Brief Description of Proposal:
This proposal is to annex two parcels of residential property and Peacock Lane right -of-
way totaling 2.8 acres to the Town of Los Gatos. The land is contiguous to a Town
boundary, within the Town's Urban Servic6 Area boundary, not under the Williamson Act,
does not create "islands ", conforms to lines of assessment and has less than 12 registered
voters.
Address: 16417 Peacock Lane & 16200 Shannon Road, Los Gatos, CA 95032
Assessor's Parcel Number: 532-02-028&M
The County of Santa Clara losing territory as a result of this proposal does hereby consent to the
waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). -
Signature of kuthorf2L Representative Date
PIPVAr,A� "4
Title of Representative
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, Sections 56663(c) & (d) of Government Code allows for waiver ofprotest proceedings if,.
Uninhabited area [Sec. 56663(c))
_ g[sterr 18.r
Uthabited area [See. 56663(4)[
_ Are a-w ith_ 12_ottnow- registererl_voters—
All owners of land within affected area consent to
Town provided written notice (of project and Towns
annexation
intent to not hold a protest proceeding) to all property
owners and registered voters and fno written opposition
is received from them prior 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 ofprotest proceedings
written consent to waiver ofprotest proceedings
Ifat the public hearing there is opposition expressed regarding the proposal or Town Council's intent to waive protest
proceedings, then protestproceedingwill be required
Enclosures: Detailed Map and Description of proposal
N:IDEMUZAIRJ6UHE UDNNEACOCKNO9WEACOCKNOYSCCWAOC Doc Created: 527103
Attachment 2
CONSENT TO WAIVE PROTEST PROCEEDINGS
This form must be completed by agencies losing or gaining territory if they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: Peacock Lane No. 2
Brief Description of Proposal:
This proposal is to annex two parcels of residential property and Peacock Lane right -of-
way totaling 2.8 acres to the Town of Los Gatos. The land is contiguous to a Town
boundary, within the Town's Urban Semite Area boundary, not under the Williamson Act,
does not create "islands ", conforms to lines of assessment and has less than 12 registered
voters.
Address: 16417 Peacock Lane & 16200 Shannon Road,.Los Gatos, CA 95032
Assessor's Parcel Number: 532-02-028&076
The Santa Clara County Library Service Area losing territory as a result of this proposal does
hereby consent to the waiver of protest proceedings in accordance Government Code
Section 56663 (c) & (d).
-S4 7/ ", / o , q
Sig e of Authorized Representative Date
SK4 CC�r.� C add ��lAtot�
Administrative Services Manager III
In the case of inhabited (12 of more. registered voters) or uninhabited city or district annexations or detachments or
both, Sections 56663(c) & (d) of Government Code allows for waiver ofpeotestproceedings if,•
Uninhabited area (Sec. 56663(c)J
Area =wlih less than 12 - registered voters - " — ° — "
Inhabited area [ Sec, 56663(d)]
Area wilh2 or more'regisd voters
All owners of land within affected area consent to
Town provided written notice (ofproject and Towns
annexation
intent to not hold a protest proceeding) to all property
-
owners and registered voters and jf no written
opposition is received from them prior to conclusion of
meeting
All - affected agencies that gain or lose territory give
All e0cted agencies that gain or lose territory give
written consent to waiver ofprotast proceedings
written consent to waiver ofprotest proceedings
If at the public hearing there is opposition expressed regarding the proposal or Town Council's intent to waive
protest proceedings, then protest proceeding will be required,
Enclosures: Detailed Map and Description of proposal
N:1 EWUZANN nnaxalloOY QMMO.ZN cwkNo2- LW,doo
Attachment 3
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