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2005-135 - Making Determinations And Approving The Reorganization Of Territory Designated " Hilow Road No. 2," Approximately 0.450 Acres Located At 16439 Hilow Road (Apn: 532 -04 -065)RESOLUTION 2005 -135 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED " HILOW ROAD NO. 2," APPROXIMATELY 0.450 ACRES LOCATED AT 16439 HILOW ROAD (APN: 532 -04 -065) 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 0.450 acres on 16439 Hilow Road (APN: 532 -04 -065) has been filed by David G. LeBaron, Jr.; 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: 1. That it is the conducting authority pursuant to Section 56757 of the Government.Code for the annexation of property designated " Hilow Road 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 0.450 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 20 years ago pre- zoning the subject territory with an R1:8 (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. That the proposed annexation is consistent with the Town's General Plan. That the territory to be annexed is contiguous to existing Town limits. 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 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 the 19 " day of December 2005, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: IG1ME/11clUr.,# MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXMIRIT "A" LEGAL DESCRIPTION ANNEXATION TO THE TOWN OF LOS GATOS I lILOW NO.2 TOWN OF LOS GATOS, COUNTY OF SANTA CLARA STATE OF CALIFORNIA SEPTEMBER 21, 2005 BFI NNG ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESIGNATED AS LOT 7 ON THAT TRACT MAP RECORDED IN BOOK 26 OF MAPS AT PAGES 8 AND 9, SANTA CLARA COUNTY RECORDS, TOGETHER WITH A PORTION OF HiLOW ROAD AS SHOWN ON SAID TRACT MAP AND ON THAT TRACT MAP RECORDED IN BOOK 48, OF MAPS AT PAGE 31, SANTA CLARA COUNTY RECORDS; BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERN LINE OF HILOW ROAD, SAID POINT ALSO BEING THE SOUTHEASTERN CORNER OF LOT 8, FROM WHICH THE SOUTHEASTERN CORNER OF LOT 7 BEARS NORTH 19 40'05" EAST 75.00 FEET DISTANT; THENCE ALONG THE WESTERN LINE OF HILOW ROAD; 1) NORTH 19 40'05" EAST 75.00 FEET TO THE SOUTHEASTERN CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHERN BOUNDARY OF SAID LOT 7 2) NORTH 70 19'55" WEST 142.15 .BEET TO THE SOUTHWESTERN CORNER OF SAID LOT 7; THENCE ALONG THE WESTERN BOUNDARY OF SAID LOT 7 3) NORTH 19 40'00" EAST 75.00 FEET TO TEE NORTHWESTERN CORNER OF SAID LOT 7; THENCE ALONG THE NORTHERN BOUNDARY OF SAID LOT 7 4) SOUTH 70 19'55" EAST 142.62 FEET TO THE NORTI- MASTERN CORNER OF SAID LOT 7; THENCE LEAVING SAID LOT 7 5) SOUTH 68" 28'00" EAST 60.00 FEET TO A POINT ON THE EASTERN LINE OF SAID HILOW ROAD; THENCE SOUTHERLY ALONG SAID EASTERN LINE 6) ON A CURVE CONCAVE TO THE EAST FROM A RADIAL BEARING OF NORTH 68° 28'00" WEST HAVING A RADIUS OF 817.48 FEET THROUGH A CENTRAL ANGLE OF 1 51'55" AND AN ARC DISTANCE OF 26.61 FEET; THENCE 7) SOUTH 19 40' 05" WEST 121.44 FEET TO THE NORTHWESTERN CORNER OF THE ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED "HILOW N0. 1 ; THENCE ALONG THE NORTHERN BOUNDARY OF LAST SAID ANNEXATION 8) NORTH 70 19'55" WEST 60.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 19,607 SQUARE FEET (0.45 ACRES), MORE OR LESS, AND INCLUDING ALL OF THE AFOREMENTIONED LOT 7, THE MOST SOUTHERN BOUNDARY AS DESCRIBED WrFH N n-HS LEGAL DESCRIPTION (NORTH 70° 19'55" WEST 60.00 FEET) IS CONTIGUOUS WITH AND ADJACENT TO THE EXISTING TOWN BOUNDARY AS ESTABLISHED BY ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED "HILOW NO. 1 ", THIS DESCRIPTION IS BASED ON RECORD INFORMATION. THE BASIS OF BEARINGS IS THAT AS REFERENCED ON SAID TRACT MAP. THE ATTACHED PLAT MAP IS MADE A PART OF AND SHOWS THE INTENT OF THIS DESCRIPTION, COMPILED BY DUNBAR AND CRAIG LAND SURVEYS, INC. FILE NO. 05415. Exhibit A EXH I B IT DUNBAR & CRAG APN: 532 --04 --065 ANNEXATION LICENSED LAND SURVEYORS DATE: 9/19/05 TO: TOWN OF LOS GATOS 236 N. SANTA CRUZ AVE, SUITE 104 ENTITLED: HILOW NO. 2 LOS GATOS, CALIFORNIA 95030 SCALE: 1 " -40' 1 no nATAC (%.A[ IMPK (408) 399 -6929 I viNAmi I r PAM- APN 532-04-064 16425 HILOW ROAD LOT 6 TRACT NO. 616 S70 "I 9'55 "E LEGIMID INDICATES BOUNDARY & AREA OF ANNEXATION -� EXISTING TOWN /COUNTY BOUNDARY --- °�° �--- -- �-- RIGHT OF WAY / EASEMENTS P.U.E. PUBLIC UTILITY EASEMENT All distances shown are in feet and decimals thereof. 0 C! � I APN . 532-- 04-066 wj 16453 HILOW ROAD °aI LOT 8 TRACT NO. 616 b a, P.O.B. DESCRIPTION N70 °19 55 "W 202.15' ,.. .•� .� 142.15' o' EXISTING TOWN LIMITS LINE LO AS ESTABLISHED BY RESOLUTION 2003 -141 TITLED 'HILOW ROAD NO. V APN 532 -04 -067 16465 HILOW ROAD z LOT 9' TRACT NO. 616 N70'1 9'55"W 142.15' S68 60.00' -°'' N68'28'W RADIAL • • a v v• a v• q• q to N ANNEXATION HILOW AREA= .19,607 SF /0.450 AC r Exhibit 6 1� n O wI � rn f z� r Exhibit 6