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2011-056 - Approving reorg of territory 16583 Englewood AveRESOLUTION 2011 -056 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED ENGLEWOOD AVENUE NO. 6 APPROXIMATELY .42 ACRES LOCATED AT 16583 ENGLEWOOD AVENUE (APN: 532 -07 -098) 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 .42 acres located at 16583 Englewood Avenue (APN 532 -07 -098), and including Englewood Avenue right -of -way; 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 conducting 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: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Englewood Avenue No. 6, 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 uninhabited and comprises approximately .42 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 -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 while the proposed annexation will create an island, it will facilitate efficient municipal services including road maintenance. 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 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. 3. That all owners of land within the affected territory have provided written consent to the reorganization and no subject agency has submitted written opposition to a waiver of protest proceedings. FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest proceedings. FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory described in Exhibits A and B will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area. 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 of the Town of Los Gatos, California, held on the 15 "' day of August 2011, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector and Mayor Joe Pirzynski NAYS: ABSENT: ABSTAIN: SIGNED: wi MAYO ?F THE TOWN e OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: AW&o, CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT "A" ENGLEWOOD AVENUE ANNEXATION NO.6 TO TOWN OF LOS GATOS All that certain property being portion of Rancho Rinconada De Los Gatos, situated in the County of Santa Clara, State of California, more particularly described as follows: Beginning at a point on the Westerly right of way line of Englewood Avenue, 50 feet wide and Southwesterly Town Limit as established by Englewood Annexation No. 8, approved by Town of Los Gatos Resolution No, 2009 -038, May 5, 2009, and recorded as Document # 20298609; (1) Thence along said Westerly right of way line, being the west line of a right of way strip 50 feet wide, South 32 Degrees 11 Minutes West, a length of 72.00 feet; (2) Thence leaving said right of way line, North 78 Degrees 41 Minutes West, a length of 163:00 feet; (3) Thence South 32 Degrees 11 Minutes West, a length of 72.00 feet; (4) Thence South 78 Degrees 41 Minutes East, a length of 163.00 feet to a point on Westerly right of way line of Englewood Avenue; (5) Thence South 57 Degrees 49 Minutes East, a length of 50,00 feet to the Easterly right of way line of Englewood Avenue; (6) Thence along said right of way line, North 32 Degrees 11 Minutes East, a length of 144.00 feet; (7) Thence North 57 Degrees 49 minutes West, a length of 50.00 to the point of beginning. Containing 0.42 acres more or less, No. 4953 Exp. 12-31-11 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." ol April 25, 2011 Exhibit A Of Attachment 1 EXHIBIT "B" LEGEND EXISTING TOWN LIMIT — — — — — — — PROPOSED TOWN LIMIT — EXISTING BOUNDARY LINE STREET CENTERLINE — FERRIS AVENUE #1 ANNEXATION 4 -4 -1966 ENGLEWOOD ANNEXATION #8 RESOLUTION , 2009 -038 DATE: 5 -4 -2009 DOC, # 20298609 163 APN 532 -07 -098 BILL ##REHBOCK gg 3 O EN'GLEWOOD 7 AVENUE 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, 4963 Exp. 12-31-11 11 o � mo o 14 h��o ll TT�EF�E LAND / J 4 v ARI VE 532-07 -098 V u � y � ACREAGE: 0.42 LAFCO RESOLUTION NO. WESTFALL ENGINEERS INC. DATE; April 2011 14583 BIG BASIN WAY ENGLEWOOD AVENUE SARATOGA, CA. .: 1 " =50� ANNEXATION NO. 6 TEL, 408--867-0244, SCALE 967 -0244, PAX 408 - 867 -6261 6583 ENGLEWOOD AVENU DRAWN BY: JC REVISIONS: LOS GATOS, CA CHECKED BY: HB PORTION OF RANCHO RINCONADA JOB No. 2011 -033 DE LOS GATOS Exhibit B of Attachment 1 LOCATION MAP