1996-034-Ordering The Annexation Of Certain Uninhabited Territory Designated As Tourney Road No. 6 To The Town Of Los GatosRESOLUTION 1996 - 34
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
TOURNEY ROAD NO.6
TO THE TOWN OF LOS GATOS
WHEREAS, the proposed annexation to the Town of Los Gatos consisting of all that
unincorporated territory designated as Tourney Road No. 6 Annexation, located generally at the
end of Killkenney Road, a private street off of Tourney Road, in the County of Santa Clara is
proposed for annexation to the Town of Los Gatos pursuant to Division 3 of Title 5, commencing
with Section 56000 et seq. of the Government Code;
WHEREAS, the Town of Los Gatos is authorized by Section 56826 to act as the
conducting authority with exclusive power to approve reorganizations within its urban service
area;
WHEREAS, the Town of Los Gatos has received a petition signed by all the owners of
land within the territory to be annexed, and pursuant to Section 56837 of the Government Code,
the Town Council of the Town of Los Gatos may initiate proceedings to annex said territory
without notice, hearing or election, in the manner described in Section 57002 (c) of the
Government Code of the State of California;
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California that the following findings are true and correct:
1. The project is exempt from C.E.Q.A. under the provisions of the California
Administrative Code, Title 14, Section 15061(b)(3).
2. The territory is "Uninhabited" as defined in Section 56046 of the Government Code of
the State of California
The unincorporated territory is within the Town's urban service area as adopted by the
Local Agency Formation Commission of Santa Clara County.
That the County Surveyor has determined that the boundaries of the proposed annexation
are definite and certain.
5. The proposal does not split lines of assessment or ownership.
6. The proposed annexation does not create islands or areas in which it would be difficult to
provide municipal services.
7. The proposal is consistent with the Town's adopted general plan.
8. The territory is contiguous with the Town's boundaries.
9. The reason for the proposed annexation is to properly plan and provide municipal
services to the area that is contiguous to the Town.
10. No conditions were imposed by the commission for inclusion of the territory in the urban
service area of the Town.
11. All of the owners of property within the territory proposed for annexation have consented
to the annexation.
FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal
corporation of the County of Santa Clara, State of California, that pursuant to the provisions of
Section 57075 of the Government Code of the State of California, the annexation to the Town of
Los Gatos of that territory designated as Tourney Road No. 6, and described in real property
description and map attached hereto, marked Exhibits "A "and "B ", respectively, is approved, and
that the same be annexed to the town of Los Gatos.
FURTHER RESOLVED, that upon completion of these annexation proceedings the
territory annexed will be taxed on the regular county assessment roll, including taxes for existing
bonded indebtedness.
FINALLY RESOLVED, that the Town Clerk is authorized, and is hereby directed,
pursuant to Section 57200 of the Government Code, to prepare under seal a certified copy of this
resolution, giving the date of passage, and immediately transmit same along with a remittance to
cover the fees required by Section 54902.5 of the Government Code to the Executive Officer of
the Local Agency Formation Commission of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 st day
of April, 1996, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF IE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
FOR ANNEXATION TOURNEY ROAD NO. 6
TO THE TOWN OF LOS GATOS
All of that certain property situate in Santa Clara County, California described as follows:
BEGINNING at the Northeasterly comer of the lands of Kenneth Johnston as conveyed by the
deed recorded as # 12393852 in Official Records of Santa Clara County, said comer lying on
the Boundary of the Town of Los Gatos as shown on Exhibit B for Annexation titled "Tourney
Road No. 3 "; thence along said boundary and along the Easterly line of said lands of Johnston
S00 016'54 "E 352.54 feet to the Southeasterly corner of said lands of Johnston; thence along
the Southerly boundary of said lands of Johnston S67 °29' 14 "W 131.47 feet; thence along the
Westerly boundary of said lands of Johnston N00 °16'46 "W 382.60 to the Northwesterly
corner, said corner also lying on the boundary of the Town of Los Gatos as shown on Exhibit
B for Annexation titled "Tourney Road No. 5 "; thence along said boundary and along the
Northerly line of the aforementioned lands of Johnston N89 °37'26 "E 121.70 feet to the point
of BEGINNING.
Containing 1.00 acre more or less and consisting of all of the lands of the aforementioned
lands of Johnson.
E.
No. 20591
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