2009-038-Approving The Reorganization Of Uninhabited Territory Designated Englewood Avenue No. 8RESOLUTION 2009 -038
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE REORGANIZATION
OF UNIHABITED TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 8
PROPERTY LOCATED AT 16561 ENGLEWOOD AVENUE
APPROXIMATELY .17 ACRES (APN: 532 -07 -022)
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 .17 acres
located at 16561 Englewood Avenue (APN 532 -07 -022) has been filed by Perri Gordon; 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 that the petition for annexation was signed by all property owners 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. 8, 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 .17 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 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 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.
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 May 4, 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�
C E OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ENGLEWOOD AVENUE ANNEXATION NO
TO TOWN OF LOS' GATOS
All that certain property being a portion of Rancho Rinconada De Los Gatos, situated in the County
of Santa Clara, State of California.
Beginning at a point on tho, Southerly corner of Lot 6, as shown on the subdivision map of Tract
No. 3650 recorded in Book 178 of Maps at Page 5, Santa Clara County Records, said point being
the Southwesterly limit of Town of Los Gatos as established by Ferris Avenue Number One
Annexation, approved by Town of Los Gatos Ordinance No, 870, April 5, 1966, certified by
Secretary of State of State of California on May 6, 1966;
Thence along Southeasterly line of said town limit and of said Lot 6 (1) North 32 Degrees 11
Minutes East a length of 54.10 feet to the Southwesterly corner of the Englewood Avenue No. 7
Annexation, approved by Town ofLos Gatos Resolution No. 2008 -129, and recorded as Document
# 20108334 January 22, 2009;
Thence continuing along the town limit line established by said annexation (2) South 78 Degrees
41 Minutes East a length of 15 0. 00 feet to the Westerly right of way line of Englewood Avenue;
Thence continuing along the town limit line established by said annexation and along said right of
way line (3) South 32 Degrees 11 Minutes West a length of 54.10 feet;
Thence leaving said right of way line and town limit line established by said .annexation (4) North
78 Degrees 41 Minutes West a length of: 150.00 feet to the point of beginning.
Containing 0,17 acres more or less.
\.AND
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Disclaimer: Na. 4953
"For assessment purposes only. Tbi, description of land Exp.12 -31 -09
1s not a legal property description as defined in the CP
Subdivision Map Act and may not be used as the basis 0� CA\���
For an offer for sale ofthe land described."
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FERRIS AVENUE #1
ANNEXATION
4--4 -1966
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C HAT "B"
ENGLEWOOD ANNEXATION #7
RESOLUTION # 2000 -129
1 -22 -2009
DOC. # 20106334
APN 532 -7 - �` `°�. 203 •S)'
PERRI GORDON
1656 OL WnnD AVENUE �A
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No, 4953
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14585 BIG BASIN WAY
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DRAWN BY: JC
CHECKED BY: HB
JOB NO. 2009 -004
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LOCATION MAP
LEGEND
EXISTING TOWN UM[T
PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE -
STREET CENTERLINE — �—
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."
DATE: JANUARY 2009
SCALE: 1"=50'
REVISIONS: L Z
LAFCO RESOLUTION N0.
ENGLEWOOD AVENUE
ANNEXATION NO. 8
6561 ENGLEWOOD AVENU
LOS GATOS., GA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
ENGELWOOD ANNEXATION NO, 8
Las GATOS
2009- -004
JANUARY 29,2009
annexation calculations
Parcel name: annexation
North: 848.58 East : 516.33
Line course: N 32-1.1-00 E Length: 54.10
North: 894.36 East : 545.14
Line Course: S 78- 41-00 E Length: 150.00
North: 864.93 East : 692.23
Line course: s 32 -11 -00 W Length: 54.10
North: 819.14 East : 663.41
Line course: N 78 -41 -00 W Length: 150.00
North: 848.58 East : 516.33
Perimeter: 408.20 Area: 7,583 sq. ft. 0.17 acres
Mapcheck closure - (Uses listed Courses, radii, and deltas)
Error Closure: 0.00 Course: S 90 -00 -00 E
Error North: 0.000 East : 0.000
Precision 1: 408,200,000.00
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No, 4953
Exp. 12-31-09
OF C
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