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Mireval Road No. 4.�pW N OF MEETING DATE: 08/22/12 ITEM NO. 3 �OS'GA'tOS COUNCIL AGENDA REPORT DATE: August 16, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MIREVAL ROAD NO. 4, CONTAINING APPROXIMATELY 3.3 ACRES LOCATED AT 17560 MIREVAL ROAD (APNs 532 -25 -023 AND 532 -25 -025). FILE #AN12- 002. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated Mireval Road No. 4, containing approximately 3.3 acres, located at 17560 Mireval Road (APNs 532- 25 -023 AND 532 -25 -025). BACKGROUND: The Town has an agreement with Santa Clara County requiring annexation of any property located within the Town's Urban Services Area boundary that is either contiguous to a Town boundary, or within 300 feet of a Town maintained roadway if the use is intensified. A property owner may also request annexation at any time if either of these two conditions exist. In this case there are no pending development applications for the property. The property owner has requested annexation in order to receive municipal services, including connection to sanitary sewer. Section 56757 of the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000 gives the cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO). The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited and all property owners have consented to the annexation. This annexation was introduced at the August 6, 2012, Town Council meeti'n11g.. PREPARED BY: (N W ndie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Anxinance N:1DEV\TC REP0RTSQ012\Mireva1No.5-PP.doc Reformatted: 5/30102 Revised:8 /16/12 11:08 AM This Page Intentionally Left Blank PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: MIREVAL ROAD NO.4 /AN12 -002 August 16, 2012 DISCUSSION: The Town received a petition from Heyning Cheng, owner of the property at 17560 Mireval Road, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated island of the County, within the Town's Urban Services Area boundary. The parcel is pre -zoned HR -5 (Hillside Residential, five to 40 acres per dwelling unit). Annexation will allow Town services to be extended to the properties and help fill an existing County island. Since this is a 100% consent, uninhabited annexation (less than twelve registered voters), a public hearing is not required. Required notice of the annexation and waiver of protest proceeding was provided to Santa Clara County Planning and County Library Service Area. ENVIRONMENTAL ASSESSMENT: Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, annexation of the subject property is categorically exempt. No further environmental analysis is required. FISCAL IMPACT: The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization, and have been paid by the petitioner: County Surveyor Map, legal description and guideline checking fee $2,000.00 County Assessor's fee 80.00 LAFCO processing fee $1,154.00 State Board of Equalization fee $350.00 The petitioner has also paid a $2,725 annexation fee to the Town. Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. Attachments: 1. Location map 2. Resolution making determinations and approving the reorganization of territory designated as Mireval Road No. 4 (with Exhibits A & B) Distribution: Heyning Cheng,17560 Mireval Road, Los Gatos, CA 95032 WRR:SA:ct This Page Intentionally Left Blank This Page Intentionally Left Blank RESOLUTION 2012 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MIREVAL ROAD NO.4 APPROXIMATELY 3.3 ACRES LOCATED AT 17560 MIREVAL ROAD APNs 532 -25 -023 and 532 -25 -025 ANNEXATION APPLICATION: AN -12 -002 PROPERTY OWNER: HENNING CHENG 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 3.3 acres located at 17560 Mireval Road (APNs 532 -25 -023 and 532 -25 -025), has been filed by Heyning Cheng; 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 conducting 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 Mireval Road No. 4, more particularly described in Exhibits A and 13; ATTACHMENT 2 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately 3.3 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 25 years ago pre- zoning the subject territory with an HR -5 (Hillside Residential, five to 40 acres per dwelling unit) 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 will not create an island, and will facilitate provision of efficient 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 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 all owners of land within the affected territory have provided written consent to the reorganization and no subject agency has submitted written opposition to a waiver of protest proceedings. BE IT FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest proceedings. BE IT FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory described in Exhibits A and B will be annexed to the Town of Los Gatos and 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 of the Town of Los Gatos, California, held on the 20th day of August, 2012, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: 611601 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N DEV"R F, ,SUS\2012kN4ircea1No$- RmL).dix This Page Intentionally Left Blank EXHIBIT'A' ANNEXATION TO THE TOWN OF LOS GATOS MIREVAL ROAD NO. 4 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being all of that certain parcel designated "TRACT ONE: PARCEL ONE:" and all of that certain parcel designated "TRACT TWO: PARCEL ONE:" as said parcels are described in the Grant Deed from Carol J. Tomlinson and Carol J. Tomlinson, Trustee of The Tomlinson Merger Trust U /A/D 12/12/08 to Heyning A. Chang, a single man recorded on April 27, 2012 as Document No. 21641331 of Official Records, Santa Clara County records; being a part of the northeast quarter of Section 27, Township 8 South, Range 1 West, Mount Diablo Meridian, more particularly described as follows: BEGINNING at the southeast corner of that certain annexation entitled "Mireval Road No. 2" Annexation to the Town of Los Gatos, said point being the southwesterly corner of said "TRACT TWO: PARCEL ONE:" parcel; Thence along the general easterly line of said "Mireval Road No. 2 ", (1) North 620 17' 00" West, 59.05 feet; Thence (2) North 68° 43' 00" West, 33.60 feet; Thence (3) North 04° 43' 00" West, 179.23 feet to a southeasterly corner of said "TRACT ONE: PARCEL ONE:" parcel; Thence (4) North 57° 03' 00" West, 61.76 feet; Thence (5) North 79° 06'00" West, 37.77 feet; Thence (6) South 790 43' 00" West, 43.25 feet; Thence (7) North 750 51' 00" West, 61.95 feet to a point on the centerline of Mireval Road, 30 feet wide as shown on the Record of Survey Map filed in Book 178 of Maps at Page 4, said Santa Clara County records; Thence continuing along the general easterly line of said "Mireval Road No. 2 ", being the centerline of Mireval Road, (8) North 420 32' 30" East, 25.19 feet; Thence (9) North 130 17' 00" East, 166.11 feet; Thence (10) North 330 52' 00" East, 29.52 feet; Thence (11) North 670 08' 00" East, 24.74 feet to the southwest corner of that certain annexation to the Town of Los Gatos entitled " MIREVAL ROAD NO. 1 ANNEXATION'; EXHIBIT A Of Attachment 2 Thence leaving said "Mireval Road No. 2" annexation, along the general southerly line of said "MIREVAL ROAD NO. 1 ANNEXATION" (12) North 670 08'00" East, 9.62 feet; Thence (13) South 840 45' 00" East, 31.00 feet; Thence (14) South 680 55' 00" East, 43.25 feet; Thence (15) South 560 23' 00" East, 84.93 feet; Thence (16) South 750 16' 00" East, 73.94 feet; Thence (17) South 680 15' 00" East, 94.24 feet to the most northerly corner of said "TRACT TWO: PARCEL ONE" parcel; Thence leaving said "MIREVAL ROAD NO. 1 ANNEXATION" boundary, along the general easterly and southerly line of said "TRACT TWO: PARCEL ONE" boundary, (18) South 560 24' 00" East, 58.42 feet; Thence (19) South 260 19' 00" East, 73.55 feet; Thence (20) South 01' 27' 00" East, 74.02 feet; Thence (21) South 000 55' 00" West, 195.34 feet; Thence (22) North 890 37' 00" West, 194.95 feet to the POINT OF BEGINNING and containing 3.326 acres of land, more or less. END OF DESCRIPTION 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. 1 i W�""'�IAs.J • lA'Mll/LK� rsyy1ry.�ry'^�.F,'4N 9�jF3d�arr� Kristina D. Comerer, PLS 6766 .,. D. �. Rev. Date: � I l �1 ?_ F g � La M10 a° 2 FOR ASSESSMENT PURPOSES ONLY. THIS EXHIBIT B DESCRIPTION OF LAND IS NOT A LEGAL PROPOSED ANNEXATION TO PROPERTY DESCRIPTION AS DEFINED IN TOWN OF LOS GATOS THE SUBDIVISION MAP ACT AND MAY NOT MIREVAL ROAD NO. 4 BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. LYING WITHIN I EXISTNG UNINCORPORATED AREA OF EXISTING TOWN OF LOS GATOS TOWN OF LOS GATOS MIREVAL ROAD NO. 1 SANTA CLARA COUNTY, CALIFORNIA MIREVAL ROAD NO. 2I ANNEXATION SCALE: 1" = 100' MAY 2012 ANNEXATION _ /.-� / S 56'23 00 E N v u (S 56'17'10" E 1© 84.92) �5775113Q00 EE 73.94(@ 73.91) �S 68 5'Q2 "„ EE D 94. 7) 94.24 1© C /4oj 2 1 O ^ o/ ^� APN: 532 -25 -025 LANES OF' ChENG z/ DOS NO. 216111331 >7 30 rRACr ONE PARCEL ONE APN: 532 -25 -026 O Q O 0 /\ PROPOSED ANNEXATION AREA =3.326 ACRES +/— L4 .a LOCATION MAP A I LSD }99 � 30 I z- 14 L oI LANES OP CHENG (A o DOC, NJ 216111331 — o f N wI TRACT TWO � O OF a Zn M`REVPL Ao w o PARCEL ONE iA 6 0 SITE OBI H�4, Cke� ©; KRIST A� OMERER PLS 6766 HILL _ REV. DATE: R N68' 43'00 "W POINT OF 81 94.95 W 33,60 O BEGINNING NE 1/4 S. 27t T. 8 S., R. 1 W., MDM N 62'17'00" W LEGEND NO, BEARING DISTANCE 59.05 Oj BOUNDARY LINE OF Ll N57'03'00 "W 61.76 PROPOSED ANNEXATION L2 N79'06'00 "W 37.77 — EXISTING TOWN OF L3 S79'43'00 "W 43.25 L4 N75'51'00 "W 61.95 LOS GATOS BOUNDARY L5 N42'32'30 "E 25.19 ( ) RECORD PER MIREVAL ROAD L6 N33'52'00 "E 29.52 NO. 1 ANNEXATION L7 N67'08'00 "E 24.74 L8 N67'08'00 "E 9.62 (N67'09'30 "E 9.62) CROSS LAND SURVEYING, INC. L9 S84'45'00 "E 31.00 S84'44'10 "E 31.01) 2210 MT. PLEASANT ROAD L10 568'55'00 "E 43.25 S68'50'40 "E 43.28) Lll S56'24'00 "E 58.42 �L SAN JOSE, CA 95148 L12 S26'19'00 "E 73.55 ar (408) 274 -7994 L13 S01'27'00 "E 74.02 PROJECT NO. 12 -25 Of Attachment 2 This Page Intentionally Left Blank