2013-041 - Make Determination/Approve Reorganization of Englewood Ave No. 9RESOLUTION 2013 -041
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 9
APPROXIMATELY .49 ACRES
LOCATED AT 16428 ENGLEWOOD AVENUE
APN: 532 -05 -019
ANNEXATION APPLICATION: AN -13 -002
PROPERTY OWNER: STEVE MASSEI
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 .49
acres located at 16428 Englewood Avenue (APN 532 -05 -019), has been filed by Steve Massei;
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 Englewood Avenue No. 9, more particularly described
in Exhibit A and B;
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 .49 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 R -1:20 (single family residential, 20,000 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.
£ 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 7th day of October, 2013, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
t�
MAYOR THE TOWN OF LOS GATOS
ATOS. CALIFORNIA
ATTEST:
b(X�24�
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ANHAIMT
ANNEXATION TO THE TOWN OF LOS GATOS
ENGLEWOOD AVENUE NO. 9
GEOGRAPHIC DESCRIPTION
All that certain property situate in the Unincorporated Area of the County of Santa Clara,
State of California, being Lot 14 as shown on the map entitled "TRACT NO. 38
ENGLEWOOD SUBDIVISION ", filed on March 9, 1936 in Book 1 of Maps at Pages 28
and 29, Santa Clara County records; being a part of Rancho Rinconada de Los Gatos,
more particularly described as follows:
BEGINNING at the southeast corner of that certain annexation entitled "Englewood
Avenue No. 2" Annexation to the Town of Los Gatos, said point being on the easterly
line of Englewood Avenue, 50.00 feet wide and being the southwest corner of said Lot
14;
Thence along the general easterly line of said "Englewood Avenue No. 2 ", (1) North 200
31' 00" East, 80.00 feet to an angle point therein, being the northwest corner of said Lot
14;
Thence (2) leaving said general easterly line, along a general southerly line of said
"Englewood Avenue No. 2 ", South 780 41' 00" East, 272.21 feet to an angle point
therein, being the northeast corner of said Lot 14;
Thence (3) leaving said general southerly line, along the easterly line of said Lot 14,
South 190 40'00" West, 79.81 feet to the southeast corner of said Lot 14, being the
northeast corner of that certain annexation entitled "Englewood Avenue No. 1"
Annexation to the Town of Los Gatos;
Thence (4) along the northeasterly line of said "Englewood Avenue No. 1" North 780 41'
00" West, 273.41 feet to the POINT OF BEGINNING and containing 0.495 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 Wes, I J A ,,. 22L-
Kristina D. Comerer, PLS 6766
Rev. Date: . IS,�,.ni;
113414-
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.
ENGLEWOOD IF
N
cn
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENGLEWOOD AVENUE NO. 9
LYING WITHIN
UNINCORPORATED AREA OF
SANTA CLARA COUNTY, CALIFORNIA
SCALE: 1" = 60' JULY 2013
AVENUE �IIV 2o31'ao" 7E(371
POINT OF
1 80'OD Q EXISTING
TOWN OF LOS GATOS
BEGINNING I ENGLEWOOD AVENUE NO. 2
/ ANNEXATION
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N O N N
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1 �a
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00 UA
A
EXISTING
TOWN OF LOS GATOS
ENGLEWOOD AVENUE N0. 1
ANNEXATION
A
E.
LOCATION MAP
rRACT NO. 3a
" ENrLEYIIOOD SU6DJV.8J0N "
I MAPS 28 & 29
KRISTINA D. COMERER
PLS 6766
REV. DATE: .IS l
S 19.40'00" W
RANCHO RINCONADA DE LOS GATOS
LEGEND
BOUNDARY LINE OF
PROPOSED ANNEXATION
�,� EXISTING TOWN OF
LOS GATOS BOUNDARY
a CROSS LAND SURVEYING, INC.
3A c? 2210 MT. PLEASANT ROAD
a ML SAN JOSE, CA 95148
OF `"'r (408) 274 -7994
PROJECT NO. 13 -60