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2015-063 - Approve Reorganization of Linda Ave No. 4 at 15951 Linda AveRESOLUTION 2015 -063 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS LINDA AVENUE NO.4 PROPERTY LOCATED AT 15951 LINDA AVENUE APPROXIMATELY 0.23 ACRES (APN: 523 -25 -025) ANNEXATION APPLICATION: AN15 -001 PROPERTY OWNER: AMIR MOEINI 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 0.23 acres located at 15951 Linda Avenue (APN 523 -25 -025), has been filed by Amir Moeini; 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 conducting authority of said annexation; and WHEREAS, Government Code Section 56663(x) 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 Linda Avenue No. 4, more particularly described in Exhibits A and B; 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.23 acres. b. 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 the California Environmental Quality Act (CEQA) under Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA Section 15061(b)(3): Review for Exemption. d. The Town Council enacted Ordinance 1267 in 1975 pre - zoning the subject territory with an R -1:8 (single - family residential, 8,000 - square foot minimum lot size) zoning designation. e. The territory is within the Town's Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County. f. 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. The proposed annexation will not create an island, and will facilitate provision of efficient municipal services. h. The proposed annexation does not split lines of assessment or ownership. i. The proposed annexation is consistent with the Town's General Plan. j. The territory to be annexed is contiguous to a Town boundary. k. 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. 4. Pursuant to Section 56663(c) the Town waives protest proceedings. Town Council /Parking Authority Resolution 2015 -063 5. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area. 6. 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 17a' day of November, 2015, by the following vote: COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN: ATTEST: sue, � • � SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Town Council /Parking Authority Resolution 2015 -063 l� LINDA AVENUE NO.4 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION Real property in the unincorporated area of the County of Santa Clara, State of California, being a portion of Lot 4 as shown on that certain map entitled, "TRACT NO. 344" recorded on November 24, 1947 in Book 15 of Maps, Page 3, Santa Clara County Records lying within RANCHO RINCONADA DE LOS GATOS and described as follows: Beginning at a point on the Southwesterly line of Linda Ave, where the same is intersected by the dividing line between Lots 3 and 4 as shown on said map, said Point of Beginning lying on the existing town limits as established by Linda Avenue No. 2 Annexation; 1. Thence, leaving said town limits and along said dividing line between Lots 3 and 4, South 68 013'00" West, 185.55 feet; 2. Thence, along the Southwesterly line of said Lot 4, North 12 045'00" West, 56.70 feet to said town limits; 3. Thence, along said town limits line on aline drawn parallel to the dividing line between said Lots 3 and 4, North 68 °13'00" East, 176.65 feet to the Northeasterly line of said Lot 4; 4. Thence, along said town limits line on said Northeasterly line of Linda Ave. South 21047'00" East, 56.00 feet to the Point of Beginning and containing 0.2328 acres, more or less. For assessment purposes only. 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