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2003-141 - Approve Reorganization Of 16465 Hilow Rd Hilow Rd No. 1RESOLUTION 2003 -141 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "HILOW ROAD NO. 1," APPROXIMATELY 0.719 ACRES LOCATED AT 16465 H1LOW ROAD (APN: 532 -04 -067) 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 0.719 acres on 16465 Hilow Road (APN: 532 -04 -067) has been filed by Brian Kelly of Kelly- Gordon Development Corporation; 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 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 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 " Hilow Road No. 1," 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 0.719 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 R1:8 (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. L 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 does not create island 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. That the territory to be annexed is contiguous to existing Town limits. 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 the 15' of December, 2003, by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: None ABSENT: None ABSTAIN: None SI D: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS TOS LOS GATOS, CALIFORNIA EXHIBIT "A" ANNEXATION TO THE TOWN OF LOS GATOS "HILOW No. V All of that certain real property situate in the Unincorporated Area. County of Santa Clara, State of California, described as follows: BEGINNING at the Southwesterly most corner of Lot 9 as shown on that certain Tract Map entitled "Tract No. 616" and recorded in Book 26 of Maps at page 9, Santa Clara County Records: thence proceeding along the Northerly line of said Lot 9 N19 °40'00 "E 75.00 feet to the Northwesterly most corner thereof, thence S70 019'55 "E 142.15 fleet to the Northeasterly most corner of said Lot 9, said point also being on the Westerly boundary of Hilow Road as shown on said Map; thence S70 019'55 "E 60.00 feet to a point on the Easterly boundary of Hilow Road; thence proceeding along said Easterly boundary of Hilow Road S19040'05"W 117.52 feet to a point of tangency; thence continuing along said Easterly boundary of Hilow Road along a curve to the left with a radius of 242.73 feet, an included angle of 34 025'25" and a length of 145.83 feet to a point of reverse curvature; thence along a curve to the right with a radius of 205.00 feet, an included angle of 19 027'20" and a length of 69.61 feet to a point of tangency; thence continuing along said Easterly boundary of Hilow Road SO4 042'00 "W 6.94 feet to a point on the Northerly boundary of the annexation to the Town of Los Gatos entitled "Country School," Ordinance No. 459 dated 2- 24 -58; thence leaving said Easterly boundary of Hilow Road and proceeding along said Northerly boundary of annexation "Country School" N78 040'30 "W 60.40 feet to a point on the Westerly boundary of said Hilow Road, said point also being on the boundary of the annexation to the Town of Los Gatos entitled "Topping Way No. 2 "; thence leaving said boundary of annexation "Country School" and proceeding along said Westerly boundary of Hilow Road along a curve to the left with a radial bearing of N85 018'00 "E, a radius of 145.00 feet, an included angle of 19 027'20" and a length of 49.24 feet to a point of reverse curvature; thence continuing along said Westerly boundary of Hilow Road on a curve to the right with a radius of 302.73 feet, an included angle of 34 025'25" and a length of 181.88 feet to a point of tangency; thence continuing along said Westerly boundary of Hilow Road N19 °40'05 "E 42.52 feet to the Southeasterly most corner of aforementioned Lot 9; thence leaving said Westerly boundary of Hilow Road and proceeding along the southerly boundary of said Lot 9 N70 019'55 "W 142.15 feet to the southwesterly most comer of said Lot 9 and the POINT OF BEGINNING of this description. Containing 31,318 square feet (0.72 acre) more or less and including all of the aforementioned Lot 9. J: \jobs \Kelly- LG\EXHIBIT B.doc �o o� �Q 0 p W F- U-) I 7 / / M 1— p m J X I"' } W O Q O Z aF� 0Q O) W J U Z ? QQ O _ Q Of QO J a z o m F �- w OX O w J wz O �z 3 X Z J Q aO yo oa a� o x Oo z wz no MW �z Ow XZ QQ ma w 1 •, 1 I 1 QNM_ L I 1 w 1 \\ O A vi J I 1 \ \ \V\ Vin= O M U 1 \ Q z< \ m ti or Q \J� °w. w z 66 m 2 � F � Q � r r r r Exhibit B O /I( O Z i ozN M Z N N � N I ym 00 I I Do< oXo o Q VII X. w \I z� Qz° Irzm On I I m Iowx O w m zI z Exhibit B O