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2011-058 - Approve reorg of territory Marchmont Dr. No 2RESOLUTION 2011 -058 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MARCHMONT DRIVE NO. 2 APPROXIMATELY .28 ACRES LOCATED AT 16666 MARCHMONT DRIVE (APN: 532 -08 -006) 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 .28 acres located at 16666 Marchmont Drive (APN 532 -08 -006) has been filed by Anita Hunter; 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 Marchmont Drive 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 .28 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. 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. 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 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 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 an existing 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 September 6, 2011, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski NAYS: ABSENT: ABSTAIN: SIGNED1 A� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MISSION ENGINEERS, INC, Responsive Reliable Results Since 1953 Planning Land Surveying Civil Engineering Construction Staking EXHIBIT "A" Revised 8 -01 -07 ANNEXATION TO THE TOWN OF LOS GATOS MARCHMONT DRIVE #2 All that certain real property, situate in the unincorporated area of Santa Clara County, State of California, being a portion of Section 22, Township 8 South, Range 1 West, Mount Diablo Meridian, more specifically being all of Lot 24 as shown on that certain Map entitled "Tract No. 328, Kenwood Acres" filed June 25, 1946 in Book 10 of Maps at Page 56, Santa Clara County Records, and being more particularly described as follows: BEGINNING at a point on the current Town of Los Gatos boundary as established by the Annexation entitled "Kennedy Road #1 "and lying thereon South 74 21'45" East 32.36' from the Northwest corner thereof, said point being the Southwest comer of said Lot 24; Thence (1) along said Town of Los Gatos boundary, South 74 21' 45" East, 95.19 feet to the Southeast comer of said Lot 24; Thence (2) leaving said boundary, along the East line of said lot 24 North 12 08' 15 "East, 134.58 feet, to the Northeast corner of said Lot 24; Thence (3) along the North line of said Lot 24, North 77° 51' 45" West, 30.41'; Thence (4) along a curve to the right having a Radius of 660.00 feet, through a Central Angle of 4° 31' 00 ", an Are Distance of 52.03 feet; Thence (5) North 73° 20' 45" West, 10.28' to the Northwest comer of said Lot 24; Thence (6) along the West line of said Lot 24, South 13 10' 15" West, 131.65 feet to the POINT OF BEGINNING and containing 0.285 acres of land more or less. End of description. LAND I0 .752 3 OgCAIi 1 %� 355 Reed Street, Santa Clara, California 95050 -3107 (408)727 -8262 Fax (408)727 -8285 missioneng @earthlink.net EXHIBIT A OF ATTACHMENT 1 M A R C H M 0 N T D R I V E (60' WIDE) © D= 4 33 1 0 0' I R= 660,00 N77'Sl'45'W l0_28 A =52.03 30,41_ N/W CDR LOT 24 SITE TR, 328 LOT 24 TRACT N❑, 328 W KENWOOD ACRES 10 M 56 N APN 532 -08 -006 Q 0,2852 +/ ACRES P,O,B, S/W CDR LOT 24 TR, 328 e [ MARCHMONT DRIVE 0 W SITE LITTLEFIELD LANE LOCA1lON MAP NOT TO SCALE N/E CDR LOT 24 TR, 328 m Scale 1" = 30' PORTION OF SEC 22 T 8 S R 1 W MOUNT DIABLO MERIDIAN S/E CDR LOT 24 TR, 328 S74'21'45'E O S74.21'45'E \ EXISTING TOWN LIMITS LINE OF TOWN OF LOS GATOS PER ANNEXATION "KENNEDY RD, #1" N/W CDR "KENNEDY RD# 1° ANNEXATION EXHIBIT " B " PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED LAND S, Exp. t 3, 07 sz d �r 0, 752` �2 sty 9 � F OF CALIF�� LIULI��G�OO t1V ELIV�HEERG MCC RESPONSIVE, RELIABLE RESULTS SINCE 1953 R eed St. Santa Cla ra, Cok" 95050 (408) 727 - 8262 FAX (408) 797 — a; EXHIBIT B OF ATTACHMENT 1