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2009-094 - Approving The Reorganization Of Uninhabited Territory Designated Topping Way No.6 Property Located At 16511 Topping Way Approximately .24 Acres (Apn: 532-09-002)RESOLUTION 2009 -094 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REORGANIZATION OF UNIHABITED TERRITORY DESIGNATED TOPPING WAY NO. 6 PROPERTY LOCATED AT 16511 TOPPING WAY APPROXIMATELY .24 ACRES (APN: 532 -09 -002) 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 .24 acres located at 16511 Topping Way (APN 532 -09 -002) has been filed by David & Heidi Zinman; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this amiexatiorn; 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: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Topping Way No. 6, 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 .24 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 amnexation 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 August 17, 2009, by the following vote: COUNCIL MEMBERS: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Z LERK F THE TOWN OF LOS GATOS L OS, CALIFORNIA LAND 69URVEYING 270 Pelican Court • Foster City, CA 94404 BRYAN G. TAYLORp IND. TEL; 650,212,1030 FAX; 650.212,1031 Serving the San Francisco Bay Area CA State Licensed Land Surveyor Number: 7551 TOPPING WAY NO, 6 ANNEXATION TO THE TOWN OF LOS GATOS Lands of Zinman — portion of Rancho Rinconada De Los Gatos Situate in the County of Santa Clara, State of California, and -being Lot 69, as shown on that certain map entitled, "Tract No. 328, Kenwood Acres...." filed in the office of the Recorder of the County of Santa Clara, State of California, on June 25, 1946 in Book 10 of Maps at pages 56, being more particularly described as follows; BEGINNING at the most northeasterly corner of said Lot 69, said point also being the most northwesterly corner of the parcel annexed to the Town of Los Gatos adopted by Resolution entitled "Topping Way No. 2 ", on September 15, 2003. 1. thence along the easterly line of said Lot, and along the westerly boundary of the Town of Los Gatos per said Resolution, South 12 "08'95" West, a distance of 131.24 feet, to the most southeasterly corner of said Lot, being a point on the northerly line of the parcel annexed to the Town of Los Gatos adopted by Resolution entitled "Topping Way No. 5 ", on May 08, 2008; 2. thence along the southerly boundary of said Lot, and along said Resolution, North 77 0 51'45" West, a distance of 80.00 feet, to the southwesterly corner of said Lot; 3. thence leaving said Resolution, along the westerly line of said Lot, North 12 °08'15" East, a distance of 131.64 feet, to the northwesterly corner of said Lot; 4. thence along the northerly line of said Lot, South '77 °34'15" East, a distance of 80.00 feet, to the Point of Beginning; Containing an area of 10,515 square feet (0.24140 acres), more or less .END OF DESCRIPTION The herein described annexation parcel is shown on the attached map., Exhibit B, of this legal - description, _and la apart hfereof; This description was prepared by me from record data, and shall not be used in any conveyance which may be in violation of the Subdivision Map Act. Bryan G. Taylor, PLS License No, 7551, Expires 12/31/09 Job: 09 -054 _a OF 0 2:9•sUNP -, ZQk=a Date Page 1 of 1 POINT OF ® S 77 E 80.00' ±BEGINNING l� C) -_1 W h Z _ p N V_ Z 0 N 77 '45" W 80.00' ANNEXA TION "TOPPING WAY NO. 5" APN 532 -09 -027 BY RESOLUTION NO. 2008 -•045 MAY 08, 2008 TOPPING WAY o (60' WIDE RIGHT OF WAY) "o DISCLAIMER FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION __AS_ DEFINED _. lN.. ..THE.._SUBDI.V.I.SI.O.N....MAP ACT AND - WA Y NOT ®E USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. STING CITY LIMITS LINES (STR CENT 85 17 AVE. �ENGLEWOOD AVE. 0 SHANNON RD, �- HILOW RD SITE AND SV EX 3 11-0�._ NO. 7561 OF= VICINITY MAP - NOT TO SCALE PLAT ACCOMPANYING LEGAL DESCRIPTION ANNEXATION - TOPPING WAY Nab n _ LAND URV"NG 13RYAN 01 ` AYLOR INM 270 PELICAN COURT FOSTER CITY, CA 94404 TEL: 650.212 -1030 FAX: 650.212.1031 L oT 6j FYA rr J 52i KEJ\1 Jl1.F FF : A C`FES .DDD1< 10 p F1r1 Fs ' .N M A �Ir LOT 69 LANDS OF ZINMAN APN 532 -09 -002 10,515 SQ. FT,.± 0.24140 ACRES± EXHIBIT "B" RANCHO RINCONADA SCALE SHEET DE LOS GATOS 1 30' 1 OF 1 SANTA CLARA COUNTY DATE JOB CALIFORNIA 06/09 09 - 054 30 0 15 30 60 I `_ (IN FEET) � 1 INCH = 30 FEET N ANNEXA TION (n "TOPPING WAY NO, 2" APN 532 --09 -001 .O BY RESOLUTION NO, 2003 -11 SEPT. 15, 2003 \ LOT 69 LANDS OF ZINMAN APN 532 -09 -002 10,515 SQ. FT,.± 0.24140 ACRES± EXHIBIT "B" RANCHO RINCONADA SCALE SHEET DE LOS GATOS 1 30' 1 OF 1 SANTA CLARA COUNTY DATE JOB CALIFORNIA 06/09 09 - 054 CONSENT TO WAIVE PROTEST PROCEEDINGS This form inust be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Topping Way No. 6 Brief Description of Proposal; This proposal is to annex a single .24 acre parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands ", conforms to lines of assessment and has less than 12 registered voters. Address: 16511 Topping Way, Los Gatos, CA 95032 Assessor's Parcel Number: 532 -09 -002 The County of Santa Clara losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of Auth ri ecl� epresentative Z Date Title of Representative In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, §56663 ©) & (d) of Government Code allows for waiver ofprotest proceedings if.' Uninhabited area [ §56663 (9J Area with less than 12 registered voters Inhabited area [ §56663.(d)] Area with 12 or more r egistered voters All owners of land within affected area consent to Town provided written notice (of'project and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and ifno written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give A11 affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at thepublic hearing there is opposition expressed regarding theproposal or Town Council's intent to waiveprotest proceedings, then protest proceeding will be required, Enclosures; Detailed Map and Description of proposal NADGV\ SUZANNY \ANNBXATION\'1'OPPINGNO.6 -1651 I\POPPINGN06•SCC W.DOC Attachment 3 RECEIVED JUL 0 8 2009 CONSENT TO WAIVE PROTEST PROCEEDINGS TOWN OF LOS GATOS PLANNING DIVISION This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived, DESIGNATED TITLE OF PROPOSAL: Topping Way No. 6 Brief Description of Proposal: This proposal is to annex a single .24 acre parcel of residential to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands ", conforms to lines of assessment and has less than 12 registered voters. Address: 16511 Topping Way, Los Gatos, CA 95032 Assessor's Parcel Numbor: 532 -09 -002 The Santa Clara County Library Service Area, losing territory as aresult of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of Authorized Representative Date Administrative Services Manager III In the case of inhabited (12 of more'registered voters) or uninhabited city or district annexations or detachments or both, §56663 ©) & (d) of Government Code allows for waiver of rotest proceedings if Uninhabited area [ §566639] Area with less than 12 registered voters Inhahited area [ §56663(d)] Area with 12 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies or lose territory give -- - All affected- agencies that or°lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at thepublic hearing there is opposition expressed regarding theproposal.or Town Council's intent to waive protest proceedings, then protest proceeding will be required, Enclosures: Detailed Map and Description of proposal N;\ DBVISUZANN BWNNBXATIONVrOPPINON0,6- 16511 \T0PPINON06- LW,D0C Attachment 4