8MEETING DATE: 12/17/12
ITEM NO.
A ,
COUNCIL AGENDA REPORT
DATE: December 7, 2012
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON TOWN MANAGER
SUBJECT: ANNEXATION APPLICATION AN -12 -003. PROJECT LOCATION:
SHANNON ROAD, BETWEEN ENGLEWOOD AVENUE AND BONNIE
LANE. APPLICANT: TOWN OF LOS GATOS.
ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED SHANNON
ROAD NO. 24, APPROXIMATELY 1.49 ACRES OF RIGHT -OF -WAY.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Shannon Road No. 24, two segments of right -of -way totaling 1.49 acres, located on Shannon Road
between Englewood Avenue and Bonnie Lane.
BACKGROUND:
The Town has an agreement with Santa Clara County that requires 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. The subject
right =o -f- way -is- contiguous to a Town boundary -on the-north side. In this -case the Town initiated-the
annexation to complete the Shannon Road right -of -way fiom Los Gatos Boulevard to Short Road.
Having two portions of right -of -way within the County has resulted in issues with road maintenance,
parking and law enforcement.
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 a hearing
PREPARED BY: Todd Capurso, Acting Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney �`if Finance
N:\DEV\TC REPORTS \2012 \ShannonNo.24- PP.doc Refonnatted: 5/30/02 Revised: 12/7/12 9:48 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SHANNON ROAD NO. 24/AN12 -003
December 7, 2012
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 December 3, 2012,
Town Council meeting.
DISCUSSION:
The area being annexed is located in an unincorporated island of the County, within the Town's
Urban Services Area boundary. The Town initiated the annexation in order to facilitate road
maintenance and emergency and protective services. Annexation will also 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 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 Town:
County Surveyor Map, legal description and guideline checking fee
$2,000.00
County Assessor's fee
80.00
LAFCO processing fee
$2,308.00
State Board of Equalization fee
$600.00
Attachments:
1. Location Map
2. Resolution making determinations and approving the reorganization of territory designated as
Shannon Road No. 24 (with Exhibits A & B)
Distribution:
Kinjal Buch, Parks & Public Works
TC:SA:ct
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RESOLUTION 2012 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED
SHANNON ROAD NO. 24
APPROXIMATELY 1.49 ACRES OF RIGHT -OF -WAY
ON SHANNON ROAD BETWEEN ENGLEWOOD AVENUE AND BONNIE LANE
ANNEXATION APPLICATION: AN -12 -003
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos
consisting of two right -of -way segments of .71 acres and .78 acres (1.49 acres total) located on
Shannon Road between Englewood Avenue and Bonnie Lane has been filed by the Town of Los
Gatos; 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 56 757 of the Government Code for
the annexation of road right -of -way designated as Shannon Road No. 24, more
particularly described in Exhibit A and B;
ATTACMMNT 2
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 1.49 acres total
(Area 1 is .71 acres and Area 2 is .78 acres).
b. That the annexation is consistent with the orderly annexation of territory within
the Town's urban service area.
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 pre- zoning the subject territory with an
R -1:8 (Single Family Residential, 8,000 square foot minimum lot size) zoning
designation.
e. That the territory is within the Town's 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.
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 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 all property owners have been provided written notice of this proceeding and no
opposition has been received.
4. 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 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17th day of December, 2012, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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SIERRA WEST LAND SURVEYING, INC.
1359 Sand Hill Ct.
Oakdale, Ca. 95361
Exhibit "A"
Annexation to the Town of Los Gatos
Name of Annexation: Shannon Road Annexation No. 24
Geographic Description
Annexation of two portions of
Shannon Road between Englewood Avenue and Bonnie Lane
Santa Clara County, California
Area 1
All that real property situate in the County of Santa Clara, State of California, being a portion of
the Rancho Rinconada de Los Gatos, being portions of Shannon Road, a public road of varying
width and W. La Chiquita Avenue, a public road 60 feet in width, being more particularly
described as follows:
BEGINNING at the intersection of the easterly line of the Los Gatos Town Limit Line as
established by Town of Los Gatos Resolution No, 1969 -121, Shannon Road Annexation No. 7,
and the southerly line of the Los Gatos Town Limit Line as established by Town of Los Gatos
Ordinance No. 452, Shannon Road Annexation No. 1, said intersection being a point on the
northerly right of way line of Shannon Road; thence, along said southerly line;
Course 1 South 78° 52' 00" East, a distance of 618.01 feet, to the westerly line of the Los
Gatos Town Limit Line as established by Town of Los Gatos Resolution No. 2006 -016, Shannon
Road Annexation No. 22; thence along said line,
Course 2 South 11° 08' 00" West, a distance of 50.00 feet, to the southerly right of way
line of Shannon Road, as said line is shown on that certain Tract Map No. 583, recorded in Book
20 of Maps at page 46, Santa Clara County records, thence leaving said Town Limit Line and
along said right of way line;
Course 3 North 78° 52' 00" West, a distance of 230.02 feet, to the beginning of a tangent
curve to the left;
Course 4 Thence along said curve, having a radius of 20.00 feet, through a central angle of
811 28' 00 ", for an are length of 28.44' to a point on the southeasterly right of way line of W. La
Chiquita Avenue, as said right of way line is shown on that certain Tract Map No. 618, recorded
in Book 22 of Maps at page 38, Santa Clara County records; thence leaving said curve and said
right of way line,
Course 5 North 78° 52' 00" West, a distance of 60.67 feet to the northwesterly right of
way line of W. La Chiquita Avenue, as said right of way line is shown on said map; thence along
said right of way line,
Course 6 North 19° 40' 00" East, a distance of 27.33 feet to the southerly right of way line
of Shannon Road, as said right of way is shown on said map; thence along said right of way line,
Page 1 of' A%HIBIT A
Of Attachment 2
SIERRA WEST LAND SURVEYING, INC.
1359 Sand Hill Ct.
Oakdale, Ca. 95361
Course 7 North 781 52' 00" West, a distance of 145.04 feet, thence leaving said right of
way line;
Course 8 South 19° 44' 02" West, a distance of 10.11 feet, to the southerly right of way
line of Shannon Road, as said line is shown on that certain Tract Map No. 38, recorded in Book 1
of Maps at page 28, Santa Clara County records, thence along said line;
Course 9 North 78° 52' 00" West, a distance of 173.44 feet to the said easterly line of the
Los Gatos Town Limit Line as established by Town of Los Gatos Resolution No. 1969 -121,
Shannon Road Annexation No. 7, thence along said line;
Course 10 North 20° 39' 50" East, a distance of 50.70 feet to the POINT OF BEGINNING
and containing an area of 0.71 acres, more or less.
Area 2
All that real property situate in the County of Santa Clara, State of California, being a portion of
the Rancho Rinconada de Los Gatos, being portions of Shannon Road, a public road of varying
width and Shady View Lane, a public road 60 feet-in width, being more particularly described as
follows:
BEGINNING at the intersection of the westerly line of the Los Gatos Town Limit Line as
established by Town of Los Gatos Resolution No. 2006 -016, Shannon Road Annexation No. 22,
and the southerly line of the Los Gatos Town Limit Line as established by Town of Los Gatos
Ordinance No. 452, Shannon Road Annexation No. 1, said intersection being a point on the
northerly right of way line of Shannon Road; thence, along said southerly line;
Course 1 South 781 52' 00" East, a distance of 700.11 feet, to the westerly line of the Los
Gatos Town Limit Line as established by Town of Los Gatos'0 "rdinance.No. 700, Sharinon"Road . "=
Annexation No. 4; thence along said westerly line,
Course 2 South 11' 00' 44" West, a distance of 40.00 feet, to the southerly right of way
line of Shannon Road, as said line is- shown- on -that- certain Record-of-Survey, recorded in Book
766 of Maps at page 34, Santa Clara County records, thence leaving said Town Limit Line and
along said right of way line;
Course 3 North 78° 52' 00" West, a distance of 245.52 feet, thence leaving said right of
way line;
Course 4 South 12° 54' 50" West, a distance -of 10.00 feet, to the southerly right of way
line of Shannon Road, as said line is shown on that certain Tract Map No. 791, recorded in Book
40 of Maps at page 33, Santa Clara County records, thence along said line;
Course 5 North 78° 52' 00" West, a distance of 117.98 feet, to the beginning of a tangent
curve to the left;
Course 6 Thence along said curve, having a radius of 20.00 feet, through a central angle of
840 50' 50 ", for an are length of 29.62' to a point on the southeasterly right of way line of Shady
Page 2 of 3
SIERRA WEST LAND SURVEYING, INC.
1359 Sand Hill Ct.
Oakdale, Ca. 95361
View Lane, as said right of way line is shown on said tract map; thence leaving said curve and
said right of way line,
Course 7 North 82° 15' 40" West, a distance of 60.67 feet to the northwesterly right of
way line of Shady View Lane and the beginning of a non- tangent curve to the left as said right of
way line and curve are shown on said map, from which point the radial line of said curve has a
bearing of South 73° 42' 50" East,
Course 8 Thence along said curve, having a radius of 20.00 feet, through a central angle of
95° 09' 10 ", for an are length of 33.21' to a point on the southeasterly right of way line of
Shannon Road, as said right of way line is shown on said map and as shown on that certain Tract
Map No. 616, recorded in Book 26 of Maps at page 9, Santa Clara County records, thence along
said line;
Course 9 North 78° 52' 00" West, a distance of 235.97 feet to the said easterly line of the
Los Gatos Town Limit Line as established by Town of Los Gatos Ordinance No. 2006 -016,
Shannon Road Annexation No. 22, thence along said line;
Course 10 North 11° 08' 00" East, a distance of 50.00 feet to the POINT OF BEGINNING
and containing an area of 0.78 acres, more or less.
The bearing, South 78° 52'00" East, of the centerline of Shannon Road, as said centerline is
shown on the map of Tract No. 583, recorded in Book 20 of Maps at page 46, Santa Clara County
records, was used as the basis of all bearings described herein.
A plat labeled "Exhibit B" is attached hereto and made a part thereof.
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."
This description was prepared by me or under my direction.
Bradley A. Bilbo PLS 6141
Exp.: 03/31/14
Page 3 of 3
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RESOLUTION NO.
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ANNEXATION NO.22
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DATE: 10/05/12
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DESCRIBED."
SURVEYOR'S STATEMENT:
THIS PLAT WAS PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
EXP.: 03/31/14
EXHIBIT °Bp
PLAT TO ACCOMPANY GEOGRAPHIC DESCRIPTION
FOR ANNEXATION PURPOSES
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PORTION OF NO• REVISION
RANCHO RINCONADA
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PROJECT N0.
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1450 -12 OAKDALE. CA. 95361 FX: (209) 845 -9042
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DESCRIBED."
SURVEYOR'S STATEMENT:
THIS PLAT WAS PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
EXP.: 03/31/14
EXHIBIT °Bp
PLAT TO ACCOMPANY GEOGRAPHIC DESCRIPTION
FOR ANNEXATION PURPOSES
SHANNON ROAD ANNEXATION NO. 24 SHEET 1 OF 2
PORTION OF NO• REVISION
RANCHO RINCONADA
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PROJECT N0.
rs, ii L A N D S U R V E Y I N G, I N C
1359 SAND HILL CT. PH: (209) 845 -2773
1450 -12 OAKDALE. CA. 95361 FX: (209) 845 -9042
Of Attachment 2
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EXHIBIT 'B"
PLAT TO
ACCOMPANY GEOGRAPHIC DESCRIPTION
FOR ANNEXATION PURPOSES
SHANNON ROAD ANNEXATION NO. 24
SHEET 2 OF 2
DATE: 10/05/12
PORTION OF
RANCHO RINCONADA
NO• REVISION
DRAWN BY: BB
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CHECKED BY: BW
PROJECT NO.
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SCALE: 1° =100'
1450 -12
1359 SAND HILL CT.
OAKDALE, CA. 95361
PH: (209) 845 -2773
FX: (209) 845 -9042
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