2010-013-Reorganization Of Territory Designated Arnerich Road No. 2RESOLUTION 2010 -013
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
ARNERICH ROAD NO, 2,
APPROXIMATELY 63.7 ACRES
LOCATED ALONG ARNE'RICH, HICKS, AND WAGNER ROADS
(APNs: 537 -11 -009 and 030,
537 -17 -005, 015, 018, 020, 021, 024, 027 and 032)
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 63.7 acres
located along Arnerich, Hicks, and Wagner Roads (APNs: 537 -11 -009 and 030,537-17-005, 015,
018, 020, 021, 024, 027 and 032) has been filed by Montgomery Kersten; and
WHEREAS, on December 21, 2009, the Town Council adopted Resolution 2009 -140
initiating proceedings for annexation of the area designated as Arnerich Road No. 2'; and
WHEREAS, said territory is uninhabited and all on the owners of land included in the
proposal have not consented to this annexation; and
WHEREAS, Section 56757 of the California Government Code states thatthe Local Agency
Formation Commission shall not review an annexation proposal to any city in Santa Clara County of
unincorporated territory which in within the urban service area of the city if initiated by resolution of
the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction
authority for said annexation; and
WHEREAS, in accordance with Government Code Section 57025 (a and b) and Section
57026, the Town of Los Gatos has provided mailed notice of the hearing on the reorganization and
notification of their eligibility to protest this city- initiated proceeding with instruction on how to
prepare a valid, written protest; and
WHEREAS, the Town of Los Gatos has conducted a public hearing on the reorganization in
accordance with Section 57050 of the California Government Code, to accept protest, objections or
evidence which is made presented or filed; and
WHEREAS, the Town ofLos Gatos shall succeed to all rights, duties, and powers under the
Williamson Act contract set to expire on January 1, 2016, pursuant to Government Code Section
51243 (b); and
WHEREAS, the Town of Los Gatos, at the close of the public hearing, intends to detennine
the value of the written protests in order to take the appropriate action on the reorganization.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos
as follows:
1. That it is the conduction authority pursuant to Section 56757 of the Government Code for the
annexation of property designated Arnerich Road No. 2 more particularly described in Exhibit
A and B;
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. That said territory is inhabited and comprises approximately 63.7 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
requested to provide Town services.
C. The Town Council has determined that this action is a project as defined under CEQA
but is statutorily exempt under Section 15061(b)(3).
d. The Town Council enacted an ordinance over 25 years ago pre - zoning the subject
territory with an HR -20 (Hillside Residential, One (1) dwelling per 20 acres) zoning
designation and RC (Resource Conservation).
e. That the territory is within the Town's 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 Chief Petitioner has reimbursed the County for the actual cost incurred by
the County Surveyor in malting this determination,
g. That the proposed annexation does not split lines of assessment or ownership.
h. That the proposed annexation does not create island or areas in which it would be
difficult to provide municipal services,
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 Council has complied with all conditions imposed by the Corrunission for
inclusion of the territory in the Town urban service area.
The six valid written protests to the reorganization proceedings were received by the Clerk
Administrator of the Town of Los Gatos and the value of those protests submitted prior to the
close of the public hearing constitute 43.9% of the assessed value of the land in the affected
territory.
4. That said annexation is hereby ordered without election pursuant to section 57075 and is
subject to no terms and 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 I" day
of February 2010, by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pirzynslci, Steve Rice, Barbara Spector, Milce Wasserman and Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
SIGNED;
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
C& ' W OF TIDE TO}hTN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ARNERICH ROAD ANNEXATION NO.2
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain real properly situate In a portion of Sections 24 and 25, Township B South, Range I West, and
Section 30, Township B South, Range 1 East, Mount Diablo Base and Meridian, In the County of Santa Clara,
State of California, described as follows;
BEGINNING at the most Northeasterly Cornef of Arnerich Read Annexation No. 1 to the Town of Los Gatos;
Thence, (1) South 81° 15'00" East 264.93 feet;
Thonee,*(2) South 82 00' 00" East 897.00 feet;
Thence, (8) North 48 45'00" East 78,33 feet;
Thence, (4) North 00" 80'00" West 104,82 feet;
Thence, (5) North 77 53'56" East 50.08 feet to a point on the southerly boundary line of Hicks Road Annexation
No. 4 to the Town of Los Gatos, also being the southerly right -of -way line of Shannon Road (40 feet wide);
Thence, (6) South 44 09' 30" East 87,74 feet along said southerly boundary line of Hicks Road Annexation No. 4;
Thence, (7) South 72° 56' 16" East 269,42 feet;
Thence, (B) North 84 03'.22" East 206.63 feet;
Thence, (9) North 75 32' 45'I East 145.38 feet;
Thence, (ii)) South 45* 65'21" East 920,99 feet;
Thence, (11) South 000 39'24" West 166.18 feet to a point on the westerly boundary line of Guadalupe No. 21
Annexation to the City of San Jose, also being the westerly boundary line of the lands described In that certain
Grant Deed from James Ralph III and June Irene Ralph, his wife, to Guadalupe Rubbish Disposal Co., Inc.,.a
California Corporation, recorded August 16, 1973 In Book 0520 of Official Rocords at Pages 295 -300, Santa Clara-
County Records;
Thence, leaving said southerly boundary line of Hoke Road Annexation No, 4, (12) South 41 ° 00' 00" West
185.56 feet along said westerly boundary line of Guadalupe No. 21 Annexation;
Thence. .(13) South 08" 30' 00" East 264,00 feet;
Thence, (14) South 14" 30'00" East 330.00 feet to the Section Corner common to Sections 19 and 30, Township
B South, Range 1 East, and Sections 24 and 25, Township 8 South, Range 1 West, Mount Diablo Base and
Meridian; ,
Thence, leaving said westerly boundary line of Guadalupe No. 21 Annexation, (16) South 89" 30' 00" West 31.00
feet, more or less, to a paint on the easterly right -of -way line of Wagner (Toad (40 feet wide);
Thence, (16) South 09" 43'30" East •158.98 feet along said easterly right -of -way line of Wagner Road;
Thence, (17) South 23" 06 East.248.64 feet; '
Thence, (1;8) South 36" 30' 00" West 94.31 feet to a point on the easterly boundary line of said Arnerich Road
Annexation No. f to the Town of Los Gatos;
Thence, (19) North 53 30'00" West 44.28 feet along said Arnerich Road Annexation No. 1 boundary line;
Thence, (20) Sputh 59 48' 35" West 303.01 feet;
Thence, (2 1) South '17" 44'00" West 151.10 feet;
Thence, (22) North 69" 55' 24" West 144,86 feat;
Thence, (23) South 71" 26'00" West 92.64 feet;
Thence, (24) South 49° 46'00" West 145.00 feet;
Thence. (26) North 10 14'00" West 289,90 feet;
Revised January a, Polo
Mason- sullc, Inc. December 14, 2009
Job No. 07 -734 Arnerlch Road No. 2
Page i of 2 Annexation to The Town of Los Gatos
GEOGRAPHIC DESCRIPTION CONTINUED
Thence, (26) North 36 55' 00" West 173.30 feet; -
Thence, (27) North 88 07' 20" West 136.30 feet;
Thence, (28) South 76 38'00 West 383,47 feet;
Thonce,. (29) North 00- 00 00" East 254.19 feet to a point on the southerly rlght•of -way line of Arnerich Road (40
foot wide);
Thence, (30) North 80° 29'30" East 160.36 feet continuing along Arnerich Road Annexation No. 1 boundary fine;
Thence, (31) South 88 29'00" East 186.08 Poet;
Thence,. (32) North 77 17'30" East 441,68 feet;
Thence, (33) North 71 17 East 121.49 feet;
Thence, (34) North 89 30'00" East 31.99 feet;
Thence, (35) North 71 17'00 East 57.22 feet;
Thence, (36) along a tangent curve to the left having a radius of 160.00 feet through a central angle of 39 15' 40"
an arc distance of 109.64 foot;
Thence, (37) North 08 32'00" East 31,49 foot;.
Thonce, (38) North 24 16' 40" East 73.41 foot;
Thence, (39) North 31 ° 36'04" West 60.41 feet;
Thence, (40) South 24° 16'40" West 116:05 foot;
Thence, (41) along a tangent curve to the right having a radius of 100;00 foot through .a central angle of 47° 00'
20" an are distance of 82.04 foot; - - -
Thence, (42) South 71 17'00" West 138.50 feet;
Thence, (43) south 00 30' 00" Fast 10,56 feet;
Thence, (44) North 31 30'55" West 3.34 feet;
Thencs,.(45) South 77 30" West 286,77 feet;
Thence, (46) .North 00 00'00" East 37,14 feet;
Thence, (47) South 89 30' 00" Weet 187.08 feet;
Thence, (48) North 00 00' 00" East 74.00 feet;
Thence, (49) South 89 30'00" West 100.00 feet;
Thence, (50) South 44 26'49" West 42.39 feet;
Thence, (51) South 89° 30'00" West 239,38 foot;
Thence, (52) South 00 00'00" West 44,00 feet;
Thence, (53) South 89° 45'16" West 826.70 feet;
Thence, (54) North 00 33' 26" West 1,151.50 feet to the POINT OF BEGINNING
and containing 63.70 acres of land, more or toss.
For assessment purposes only. This description of land Is not a logat property description as defiled In the
Subdlvislon Map Act and may not be used as the basls for an offer for safe of the Ian described.
No. 4953
Up. 12131/11
Revised January 0, 2010
Mason•Sulla, Inc. December 14, 2.009
Job No, 07 -734 Arnorloh Road No. 2
Page 2 of 2 Annexaflon to The Town of Los Gatos
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TvTA �y OTT_CyT TT 7( Y c .^ PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS
1 G INL Be DEESIGN1CON ARNERICH ROAD NO. 2
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