2005-136 - Making Determinations And Approving The Reorganization Of Territory Designated "Linda Avenue No. 3," Approximately 3.667 Acres Located At 15881 & 15909 Linda Avenue And 15950 Stephenie Lane (Apn: 532-25-020,021 & 036)RESOLUTION 2005 -136
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
"LINDA AVENUE NO. 3,"
APPROXIMATELY 3.667 ACRES
LOCATED AT
15881 & 15909 LINDA AVENUE AND 15950 STEPHENIE LANE
(APN: 532-25-020,021 & 036)
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
3.667 acres on 15881 & 15909 Linda Avenue and 15950 Stephenie Lane (APN: 532 -25 -020, 021
& 036) has been filed by Jennifer Den Daas, Daniel Holloway, and Daniel Blue; 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 "Linda Avenue No. 3," 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 3.667 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.
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.
i. That 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 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:
�Iaae AM40
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
DESCRIPTION TO ACCOMPANY ANNEXATION OF TERRITORY KNOWN AS
LINDA AVENUE NO. 3
TO THE TOWN OF LOS GATOS
All that certain property situated in the County of Santa Clara, State of
California, more particularly described as follows:
Beginning at the Northwesterly corner of that certain annexation to the town of
Los Gatos known as Linda Avenue No. 2, said point being on the Westerly rights
of way line of Linda Avenue (60 feet wide); thence
along said rights of way line and'Westerly limit of that certain annexation
South 12 Degrees 27 Minutes East a distance of 20.04 feet and South 21 Degrees
47 Minutes East a distance of 82.23 feet; thence leaving said westerly limit of
that certain annexation and rights of way line South 68 Degrees 13 Minutes West
a distance of 171.67 feet= thence South 22 Degrees 11 Minutes 15 Seconds. East a
distance of 68.82 feet; thence South 68 Degrees 24 Minutes West a distance of
220.41 feet; thence North 12 Degrees 49 Minutes Nest a distance of 377.78 feet
to the middle of a small creek; thence along the middle of said creek North 60
Degrees 18 Minutes East a distance of 163.02 feet; thence North 45 Degrees 21
Minutes 49 Seconds East a distance of 42.33 feet; thence North 43 Degrees
455Minutes East a distance 142.82 feet; thence N 63 Degrees 17 Minutes East a
distance of 107.58 feet; thence South 12 Degrees 27 Minutes East a distance of
314.51 feet to the Northerly limit of that certain annexation and rights of
way; thence Westerly along said limit and rights of way to the point of
beginning.
Containing 3.667 acres more or less.
Evkft
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Westfall Engineers, Inc.
Exhibit A
LEGEND:
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PROPERTY TO BE ANNEXED .�
TO TOWN OF LOS GATOS
BOUNDARY
EXISTING TOWN'S LIMIT LINE — —
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LANDS OF BLUE
APN 52325 -36
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PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED LINDA AVENUE
NO. 3 ANNEXATIO
DATE. SEPTEMBER 14, 2005
BY, HARRY BABICKA
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
Exhibit B
VICINITY MAP -