1992-143-Making A Finding On The Value Of Written Protests Filed And Not Withdrawn And Ordering The Annexation Of Certain Uninhabited Territory Designated As Tourney Road No. 4 To The Town Of Los GatosRESOLUTION 1992 -143
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING A FINDING ON THE VALUE OF WRITTEN PROTESTS FILED
AND NOT WITHDRAWN AND ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS
TOURNEY ROAD NO. 4
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. 4 Annexation, located generally
South of the original Town Limit, North of Tourney Road No. 1 Annexation and East 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, on June 15, 1992, the Town Council of the Town of Los Gatos, by its
Resolution No. 1992 -106, initiated proceedings for the annexation of that certain
uninhabited territory designated as Tourney Road No. 4 to the Town of Los Gatos, and
WHEREAS, the Town of Los Gatos notified affected property owners by posting,
publishing and mailing hearing notices pursuant to Sections 57025 and 57026 of the
Government Code; received protests pursuant to Section 57051 of the Government Code,
held a hearing on July 20, 1992, pursuant to Section 57050 of the Government Code, closed
the hearing on July 20, 1992, and set July 20, 1992 as the date determine the value of
written protests filed and not withdrawn and take an action as described in Section 57075
of the Government Code of the State of California;
RESOLVED by the Town Council of the Town of Los Gatos that the followings
findings are true and correct:
1. The project is exempt from C.E.O.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.
128 \cnct rpts \tourney. anx
1
3. The unincorporated territory is within the Town's urban service area as
adopted by the Local Agency Formation Commission of Santa Clara County.
4. 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 island 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 service to the area which 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.
1.1. Written protest filed and not withdrawn constitute less than 50 percent of the
owners of land who own less than 50 percent of the total assessed value of
the land within the territory to be annexed.
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. 4,
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
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2
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
20th day of July , 1992 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson, and Brent
N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
—
SIGNED: i) - ---. -�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
X28 \cnclrpts \tourne,.a
3
EXHIBIT "A"
Description to accompany annexation of territory known as
TOURNEY ROAD No. 4
to the Town of Los Gatos
All that certain real property situated in the County of Santa Clara, State of
California, more particularly described as follows:
BEGINNING at the southeasterly corner of that certain 1.424 acre
parcel of land as shown in that Record of Survey filed for record on
November 17, 1958 in Book 99 of Maps, page 47; said point also being the
point of beginning of that certain annexation to the Town of Los Gatos
known as Tourney Road No. 1, thence along said Tourney Road No. 1
Annexation the following courses and distances:
East
240.86 feet thence
S 000
58'40"
W
255.77 feet thence
N 650
36'45"
W
33.30 feet thence
N 760
56'45"
W
64.00 feet thence
N 650
04'45"
W
48.80 feet thence
N 570
54'45"
W
98 feet, more or less; thence
northerly 410 feet, more or less along the easterly line of Tourney Road to
the original South limits line of the Town of Los Gatos as established by the
original boundary lines of said Town, incorporated on August 17, 1887, said
line also be the line between Sections 21 and 28, Township 8 South, Range
1 West, Mount Diablo Base and Meridian; thence leaving said Tourney Road
No. 1 Annexation and continuing along said South Town Limits East, 450
feet, more or less to the comer between Sections 21, 22, 27 and 28, 366.33
feet being along the North line of that certain 1.424 acre parcel of land as
shown in the above referenced Record of Survey; thence leaving said South
Town Limits S 0° 14' E, 240.86 feet along the line between Sections 27 and
28, T. 8 S., R. 1 W., M.D.B. & M. to the Point of Beginning.
Contains: 3.62 acres, more or less
A.P.N.: 537 -04 -019, 537 -04 -027 and 537 -04 -028
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Original Town Limits
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2) N 760 56' 45" W 64.00'
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4) N 57° 54' 45" W 98 ±
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LEGEND
Existing Town Limits
Annexation Area
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Property Line
Right -of -Way Line
Easement Line
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Exhibit "8't
PROPOSED ANNEXATION TO THE
TOWN OF LOS GATOS KNOWN AS'
TOURNEY ROAD No. 4