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2003-111- Ordering The Reorganization Of Certain Uninhabited Territory Designated As Topping Way No. 2 Apn:532-09-001 To The Town Of Los GatosRESOLUTION 2003 -111 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOPPING WAY NO. 2 APN: 532 -09 -001 TO THE TOWN OF LOS GATOS WHEREAS, the proposed reorganization to the Town of Los Gatos consisting of all that unincorporated territory designated as Topping Way No. 2, located at 16495 Topping Way (APN: 532 -09 -001) in the County of Santa Clara is proposed for reorganization to the Town of Los Gatos pursuant to Division 3 of Title 5, commencing with Section 56000 et seq. of the Government Code; WHEREAS, the Town of Los Gatos is authorized by Section 56757 to act as the conducting authority with exclusive power to approve reorganizations within its urban service area; WHEREAS, the Town of Los Gatos has received a petition signed by all the owners of land within the territory to be reorganized, and pursuant to Section 56663 of the Government Code, the Town Council of the Town of Los Gatos may initiate proceedings to reorganize said territory without notice, hearing or election, in the manner described in Section 57002(d) of the Government Code of the State of California; RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California that the following findings are true and correct: 1. The project is exempt from C.E.Q.A. under the provisions of the California Administrative Code, Title 14, Section 15061(b)(3). 2. The territory is "Uninhabited" as defined in Section 56046 of the Government Code of the State of California 3. The unincorporated territory is within the Town's urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. 4. That the County Surveyor has determined that the boundaries of the proposed reorganization are definite and certain. 5. The proposal does not split lines of assessment or ownership. 6. The proposed reorganization does not create islands or areas in which it would be difficult to provide municipal services. 7. The proposal is consistent with the Town's adopted general plan. 8. The territory is contiguous with the Town's boundaries. 9. The reason for the proposed reorganization is to properly plan and provide municipal services to the area that is contiguous to the Town. 10. All of the owners of property within the territory proposed for reorganization have consented to the reorganization. FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation of the County of Santa Clara, State of California, that pursuant to the provisions of Section 57075 of the Government Code of the State of California, the reorganization to the Town of Los Gatos of that territory designated as Topping Way No. 2, and described in real property description and map attached hereto, marked Exhibits "A" and "B ", respectively, is approved, and that the same be reorganized to the Town of Los Gatos. 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. FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory reorganized will be detached from Santa Clara County Library Service Area. FINALLY RESOLVED, that the Town Clerk is authorized, and is hereby directed, pursuant to Section 57200 of the Government Code, to prepare under seal a certified copy of this resolution, giving the date of passage, and immediately transmit same along with a remittance to cover the fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of Santa Clara County. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 15th of September, 2003, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None OF LOS GATOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS G OS LOS GATOS, CALIFORNIA EXHIBIT "A" ANNEXATION 2003- TO TOWN OF LOS GATOS TOPPING WAY NO.2 All that certain property situated in the County of Santa Clara, State of California. Beginning at the intersection of centerline of Hilow Road and Topping Way as shown on the subdivision map of Kenwood Acres, Tract No. 328, recorded in Book 10 of Maps at Page 56, Santa Clara County Records. Thence along the centerline of Hilow Road North 5 Degrees 48 Minutes 15 Seconds East a distance of 241.28 feet; thence leaving said centerline North 77 Degrees 34 Minutes 15 Seconds West a distance of 30.20 feet to the true point of beginning, said point being on the Westerly limit of Country School Annexation, created by Ordinance No. 459 on February 24, 1958; thence from said point of beginning along the westerly limit of said annexation South 5 Degrees 48 Minutes 15 Seconds West a distance of 209.84 feet to the Southerly rights of way line of Topping Way 60 feet wide; thence 29.20 feet along said rights of way line and non - tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 83 Degrees 40 Minutes and its tangent bears North 5 Degrees 48 Minutes 15 Seconds East; thence leaving said rights of way line North 1 Degree 39 Minutes 26 Seconds East a distance of 61.02 feet to the Northerly rights of way line of Topping Way; thence North 77 Degrees 51 Minutes 45 Seconds West a distance of 84.10 feet; thence North 12 Degrees 08 Minutes 15 Seconds East, a distance of 131.24 feet; thence South 77 Degrees 34 Minutes 15 Seconds East, a distance of 122.12 feet to the Westerly rights of way line of Hilow Road, the Westerly limit of said annexation and true point of beginning. Containing 14,264 sq. ft., or 0.327 acres more or less. Date: August, 2003 BAB/ No. 4953 Expires 12/31/05 �i 3j'TO TOp po NG 64 LEGEND: EXISTING TOM LIMIT — — PROPOSED TOM LIMIT EXISTING BOUNDARY LINE STREET CENTERUNE — JOB NAME: ANNEXATION TOPPING WAY NO. 2 LOCATION: 16495 TOPPING WAY, LOS GATOS 83• DRAWN BY: JC ® COUNTRY SCHOOL ANNEXATION � NNEXA710N 13Y ORDINANCE /459 FEBRUARY 24, 1958 0 r I r O 3 N N r OF V r r SCALE: 1 " =30' DATE: AUGUST 2003 JOB NUMBER 2003 -006 CHECKED BY: HB by BAB%C No. 4953 Expires 12/31 WESTFALL ENGINEERS, INC. REVISIONS: 0 14583 BIG BASIN WAY, SARATOGA, GA. 95070 TEL 408/867 -0244. FAX 406/867 -6261 EXHIBIT 'B" �4'1$wE SITE 1zz,12' J�Q TOPPfNG WA o 5 34'13 E MARCHMONT x•20' LOCATION MAP n N f 01 O W LANDS OF KHANI APN 532-D9-001 f� `r LOT 66, TRACT 328 2 .. AREA =0.327 ACRES �i 3j'TO TOp po NG 64 LEGEND: EXISTING TOM LIMIT — — PROPOSED TOM LIMIT EXISTING BOUNDARY LINE STREET CENTERUNE — JOB NAME: ANNEXATION TOPPING WAY NO. 2 LOCATION: 16495 TOPPING WAY, LOS GATOS 83• DRAWN BY: JC ® COUNTRY SCHOOL ANNEXATION � NNEXA710N 13Y ORDINANCE /459 FEBRUARY 24, 1958 0 r I r O 3 N N r OF V r r SCALE: 1 " =30' DATE: AUGUST 2003 JOB NUMBER 2003 -006 CHECKED BY: HB by BAB%C No. 4953 Expires 12/31 WESTFALL ENGINEERS, INC. REVISIONS: 0 14583 BIG BASIN WAY, SARATOGA, GA. 95070 TEL 408/867 -0244. FAX 406/867 -6261