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2009-071 - Approving The Reorganization Of Territory Designated Blossom Hill Road No. 23 Approximately .31 Acres Located At 15700 Blossom Hill Road ( Apn: 527-08-019RESOLUTION 2009 -071 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED BLOSSOM HILL ROAD NO. 23 APPROXIMATELY .31 ACRES LOCATED AT 15700 BLOSSOM HILL ROAD (APN: 527 -08 -019) 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 .31 acres located at 15700 Blossom IIill Road (APN 527 -08 -019) has been filed by Terry Pries; 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 if 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 as Blossom Hill Road No. 23, 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 .31 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 IIR -1 (Hillside Residential, minimum lot size 1 acre) 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 malting this determination. g. That the proposed annexation does not create islands 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 adjacent 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. 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. 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 FURTIIER 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 June 15, 2009 by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: —' C , RK O THE TOWN OF LOS GATO.S LOS ATOS, CALIFORNIA Job No. 09 -200 4 -7 -09 EXHIBIT "A" Blossom Bill Road No, 23 Annexation to the Town of Los Gatos All that certain property situated in the County of Santa Clara, State of Calif, particularly described as follows; Being portion of the South' /2 of Northwest 1 /4, Section 14, T. 8 S. R. 1 W., M.D. B. & M., as follows: Beginning at the southwesterly corner of that certain annexation to the Town of Los Gatos known as Blossom Hill Road No. 22, thence southeasterly along the southwesterly line of said annexation also being the southerly right-of-way line of Blossom Hill Road - 65' wide, on a curve to the right, (1) with a radius of 950.00 feet, ftom a tangent bearing South 77° 52' 19" East through a central angle of 12° 40'22" a distance of 210.12 feet; to a point on said southerly right -of -way line, said point being the northeasterly corner of that certain parcel conveyed to Luciano Gualtieri by deed recorded March 10, 1925 in Book 141 Official Records, Page 501; thence southeasterly along the northeasterly line of said last mentioned parcel (2) South 10'48'00" East, 36.02 feet to the % Section line East and West through the center of Section 14T8S. RI W, M.D.B. & M; thence Westerly along said' /4 Section line also being the Northerly line of that certain 60.00 acre tract deeded to Rozelle L. Smilie by deed recorded March 12, 1935 in Boob 722 Official Records, Page 304, Santa Clara County Records, (3) North 89'33'00" West, 185.40 feet to the Northwesterly corner of said 60.00 acre tract; thence along the Northeasterly right- of-way line of Camino Del Cerro- 50' wide, also being the northeasterly line of that certain annexation to the Town of Los Gatos known as Camino Del Cerro No. 9, (4) North 07° 43'30" West. 1.56 feet; thence (5) North 1.1° 28'00" West, 100.80 feet to the point of beginning and containing 0.307 acres of land more or less. 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 ofthe land described. f i m w m ` I O� i cr N Q I N O p Or M co z � l 0 sr 18 µ W N <A •� J 0 z ¢ Q N U N w II Z ¢ - ¢0 a W r Z o rn z� Lf) U �tag m (n I ao H z O U W (n N z Li. O W iE LL 0 Z 0 F- m rZ U' z t'Si (D r Iti • JN 0 C7 z V) 0 m d� 0 0 I I N M z rL , SY, t r 1 p �C ch a O I z CL , / ZN z j < W 5104$�p4"C a r (L n (2� 36,02 0 0 z fM �� 0 0 ct N 0) I ~ c o ¢ co c) $ U � N U / " , V N I O N I � U) O z � a. �l a r (� o '1-0 1� LIJ LL LL O FD - JOIE- - z_ Z���� z �:JI- o J w O � �Z 0 ro LLI z o wo o ° LL V) (f) � 0 Vi Z XOPCCOO W _I V) CL _1 CL o i m w I I O� i cr N Q I 1 O p Or M co z � l 00 U I - d ¢ O [1 �V) / W N I 0 D (nZOO J I w N U N w II Z ¢ - ¢0 z Q Z '< Q o¢ o np O f E L� O Zcn� —L' N ¢00 No I O� i cr N Q I 4 Q Z O> O p Or M co z ¢ W I Op Ci 00 U I - d ¢ O [1 �V) n. M < ¢ Q_� a N I 0 D (nZOO vI0 ~ �U� Z Q Z ¢ - ¢0 -41 � (5) N11'28 00 „� 00 0�4 wn-Zc� o 00 -11 /+ A 1 N 0 3,.,� X0 0.80 i p D Uj' V' x � C �fN C~ IIVnQ g � J < � m Q m � Q W RO a — pE Rya �w � w zfz m ��' AM`ND `Lazy, °0 _1 w U a 0 ra y11 � t (n O W f c`OOm� ATE: 4 -7 -09 CALE: 1 ° =50' DRAWN BY: SK DESIGNED BY: TJS JOB NO.: 07 -309 IPAGE: 1 OF 1 EXHIBIT B BLOSSOM HILL ROAD ANNEXATION NO. 23, TO TOWN OF LOS GATOS, CA TS CIVIL ENGINEERING, INC. 1776 TECHNOLOGY DRIVE NO L3885 SAN JOSE, CA 95110 * ESP. 8 -30 -10 J - CIVIL FNGIWP, -ING OP ChNfi PH: 408.452.9300 FAX; 408.452.9301 Cl to