1991-178-Making Findings On the Value Of Written Protests Filed And Not Withdrawn In Certain Inhabited Territory Desginated As Shannon Road No. 18 To The Town Of Los Gatos Ordering The Annexation Subject To Confirmation By The Voters,RESOLUTION 1991 -178
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED
AND NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED
AS SHANNON ROAD NO. 18 TO THE TOWN OF LOS GATOS
ORDERING THE ANNEXATION SUBJECT TO CONFIRMATION BY THE VOTERS,
CALLING A SPECIAL ELECTION, DETERMINING THE QUESTION TO BE
SUBMITTED TO THE VOTERS, REQUESTING THAT THE SANTA CLARA
COUNTY BOARD OF SUPERVISORS AUTHORIZE THE COUNTY CLERK
OR REGISTRAR OF VOTERS TO CONDUCT THE ELECTION AND
AUTHORIZING AND DIRECTING THE TOWN CLERK TO PUBLISH
NOTICE AND TAKE STEPS NECESSARY FOR THE ELECTION
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
County of Santa Clara, State of California that
WHEREAS, the proposed annexation to the Town of Los Gatos consisting of all that
unincorporated territory designated as Shannon Road No. 18 Annexation, located generally
North of Kennedy Road, East of Englewood Avenue, South of Shannon Road and West of
Peacock Lane 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 May 20, 1991, the Town Council of the Town of Los Gatos, by its
Resolution No. 1991 -115, initiated proceedings for the annexation of that certain inhabited
territory designated as Shannon Road No. 18 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 hearings on July 1 and July 15, 1991, pursuant to Section 57050 of the Government
Code, closed the hearing on July 15, 1991, and set August 5, 1991 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the value of written protests filed and not withdrawn and take an action as described in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;
Lt 3 \cncl rpts \8- 5 #7.anx
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RESOLVED by the Town Council of the Town of Los Gatos that the following
findings are true and correct:
1. The project is categorically exempt from C.E.Q.A. under the provisions of the
California Administrative Code, Title 14, Section 15319(a).
2. The territory is "Inhabited" as defined in Section 56046 of the Government
Code of the State of California.
3. The territory is contiguous to existing Town Limits.
4. The territory is within the Town's urban service area as adopted by the Local
Agency Formation Commission of Santa Clara County.
5. The proposal does not split line 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 in consistent with the Town's adopted general plan.
8. The reason for the proposed annexation is to properly plan and provide
municipal service to the area which is contiguous to the Town.
9. That the County Surveyor has determined that the boundaries of the proposed
annexation are definite and certain.
10. No conditions were imposed by the commission for inclusion of the territory
in the urban service area of the Town.
11. The protest filed and not withdrawn by registered voters within the territory
is greater than 25 percent but less than 50 percent, and the protests filed and
not withdrawn by property owners is more than 25 percent of the number of
owners of land who also own at least 25 percent of the assessed value of the
land within the affected territory; and
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
1. Pursuant to the provisions of Sections 57075 and 57100 of the Government
Code of the State of California, the annexation to the Town of Los Gatos of
that territory designated as Shannon Road No. 18, and described in real
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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, subject to a confirmation of the voters on the question.
2. A special election to determine whether the territory known as Shannon Road
No. 18 shall be annexed to the Town of Los Gatos is hereby called to be held
on November 5, 1991.
3. The question to be submitted to the voters shall be :
"Shall the order adopted on August 5, 1991, by the Town of Los
Gatos ordering the annexation to the Town of Los Gatos of the
territory described in that order and designated as Shannon
Road No. 18 be confirmed?
Yes
No
4. Pursuant to Elections Code Section 22003, the Town Council hereby requests
the Board of Supervisors of the County of Santa Clara, subject to payment by
the Town of Los Gatos of all expenses incurred, to make available the
services of the County Clerk and /or the Registrar of Voters for the purpose
of performing all of the usual services necessary in the conduct of a special
election, including but not limited to (a) establishing the precinct(s) and
voting place(s); and (b) causing a voter pamphlet concerning the proposal
to be printed and mailed to each voter entitled to vote on the question.
5. The Clerk of the Town of Los Gatos is hereby authorized and directed (a)
to give notice of the election by publication, posting, and mailing as required
by Government Code Sections 57130 and 57131; (b) to transmit notice of the
election to the executive officer of Santa Clara County LAFCO within five
days as required by Government Code Section 57144; (c) to establish and
publish the last date for submittal of arguments for and against the measure
as set forth in Government Code Section 57146; (d) to select the argument
for and against the measure to be printed and distributed to the voters as set
L i 3 \cnclrpts \8- 5 #7.anx
3
forth in Election Code Section 3786; (e) to enable preparation and submittal
of rebuttal arguments as set forth in Government Code Section 57147 and
Elections Code Section 3787; (f) to certify and transmit a copy of this
resolution to the Santa Clara County Board of Supervisors; and (g) to do all
other things required by law to hold this election.
6. The vote required for confirmation is a majority of the votes cast on the
question.
FURTHER RESOLVED, that upon confirmation of these annexation proceedings by
an election, the territory annexed 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 August
5, 1991 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
c � Li
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
L7 3 \cncl rpts \8- 5 #7.anx
4
EXHIBIT "A"
Description to accompany annexation of territory known as
SHANNON ROAD No. 18
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 a point on the southerly boundary of that certain annexation to the
Town of Los Gatos known as Shannon Road No. 1, said point also being on the westerly
boundary of that certain annexation to the Town of Los Gatos known as Shannon Road
No. 4, said point also being on the northerly right -of -way line of Shannon Road, 40 feet
wide;thence
1) South- southwesterly 40 feet, more or less, across Shannon Road, said line also being
along the westerly boundary of Shannon Road No. 4 Annexation to the Town of Los
Gatos; thence
2) South - southwesterly 165 feet, more or less; thence
3) N 78° 54' W, 179.21 feet; thence
4) S 12° 57'W, 96 feet, more or less, to the southwesterly comer of said Shannon Road
No. 4 Annexation; thence
5) along the westerly boundary of that certain annexation to the Town of Los Gatos
known as Bonnie Lane No. 3, S 120 57'W, 75 feet, more or less, to the southwesterly
corner of said Bonnie Lane No. 3 Annexation; thence
6) along the northerly boundary of that certain annexation to the Town of Los Gatog
known as Bonnie Lane No. 4, N 78° 54'W, 75.00 feet; thence
7) S 12° 57' W, 233.00 feet to the southwesterly corner of said Bonnie Lane No. 4
Annexation; thence
8) along the westerly boundary of that certain annexation to the Town of Los Gatos
known as Bonnie Lane No. 1, S 14° 00' W, 486.22 feet to the southwesterly comer
of said Bonnie Lane No. 1 Annexation; thence
9) along the northerly boundary of that certain annexation to the Town of Los Gatos
known as Country School Annexation, N 77° 32' 55" W, 626.40 feet to the westerly
right -of -way line of Hilow Road; thence
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Shannon Road No. 18 Annexation
10) along the westerly right -of -way line of Hilow Road, S 50 48' 15" W, 668.87 feet to the
southwesterly comer of said Country School Annexation; thence
11) along the northerly boundary of that certain annexation to the Town of Los Gatos
known as Kennedy Road No. 1, N 77° 51' 20" W, 843.61 feet; thence
12) S 16° 46' 15" W, 188.02 feet to the southwesterly corner of said Kennedy Road No.
1 Annexation, also being along the southerly right -of -way line of Littlefield Lane;
thence
13) along the westerly boundary of that certain annexation to the Town of Los Gatos
known as Littlefield Lane No. 1, S 16° 46' 15" W, 82.57 feet; thence
14) S 73° 20' 45" E, 139.05 feet; thence
15) N 16° 39' 15" E, 82.57 feet to the southeasterly corner of said Littlefield Lane No.
1 Annexation and the southerly right -of -way line of Littlefield Lane; thence
16) along the southwesterly boundary of that certain annexation to the Town of Los
Gatos know as Kennedy Road No. 1, S 73° 20' 45" E, 138.85 feet; thence
17) S 18° 12' 27" W, 52.30 feet; thence
18) S 40° 31' 58" E, 56.05 feet; thence
19) S 42° 19' 37" E, 100.62 feet; thence
20) S 26° 17' 27" E, 123.62 feet; thence
21) S 57° 13' 12" E, 34.12 feet; thence
22) S 26° 31' 03" W, 33.52 feet to the northeasterly right -of -way line of Kennedy Road;
thence
23) S 53° 09' 12" W, 50.00 feet across Kennedy Road to the southwesterly line of
Kennedy Road; thence
24) along the southerly right -of -way line of Kennedy Road, as said right -of -way existed
in 1955, N 73° 36' 29" W, 62.58 feet; thence
25) N 73° 49' 29" W, 287.93 feet; thence
26) N 73° 30'W, 726.86 feet to the southerly northwesterly corner of said Kennedy Road
No. 1 Annexation; thence
27) along the easterly boundary of that certain annexation to the Town of Los Gatos
known as Kennedy Road No. 4, N 33° 42' E, 20.94 feet, more or less, to the
northeasterly comer of said Kennedy Road No. 4 Annexation and the centerline of
Kennedy Road; thence
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Shannon Road No. 18 Annexation
28) along the easterly boundary of that certain annexation to the Town of Los Gatos
known as Englewood Avenue No. 4, N 160 46' 15" E, 30.00 feet to the northerly
right -of -way line of Kennedy Road as it currently exists; thence
29) along a tangent curve concave to the northeast with a radius of 22.35 feet and a
central angle of 106° 38'45", northwesterly along said curve a distance of 41.60 feet;
thence
30) along the easterly right -of -way line of Englewood Avenue, N 330 18' 00" E, 106.68
feet; thence
31) S 73° 20' 45" E, 95.12 feet; thence
32) N 33° 18'00' E, 135.69 feet to a point on the southerly right -of -way line of Littlefield
Lane;thence
33) along the southerly right -of -way line of Littlefield Lane, S 73° 20' 46" W, 146 feet,
more or less, crossing Englewood Avenue, to the westerly right -of -way line of
Englewood Avenue; thence
34) along the westerly right -of -way line of Englewood Avenue, S 32° 11'00" W, 221 feet,
more or less; thence
35) along a concave curve to the left with a radius of 67.12 feet and a central angle of
73° 22' for a distance of 86.03 feet; thence
36) along the northerly right -of -way line of Kennedy Road, S 150 33' 00" W, 10.00 feet;
thence
37) N 79° 27' 00" W, 34.24 feet; thence
38) leaving the right -of -way line of Kennedy Road, N 35° 01' 00" E, 156.50 feet;
39) S 77° 26'00" W, 70 feet, more or less to the northwesterly comer of said Englewood
Avenue No. 4 Annexation; thence
40) along the easterly boundary of that certain annexation to the Town of Los Gatos
known as Ferris Avenue No. 2, N 33° 12' 22" E, 60.00 feet; thence
41) S 77° 26' W, 131.57 feet; thence
42) N 32° 46' W, 353.22 feet to the northeasterly comer of said Ferris Avenue No. 2
Annexation; thence
43) along the southerly boundary of that certain annexation to the Town of Los Gatos
entitled Ferris Avenue No. 1, S 78° 20' 40" E, 210.00 feet; thence
44) N 32° 33' 10" E, 326.23 feet; thence
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Shannon Road No. 18 Annexation
45) N 78° 21' 40" W, 110.00 feet to a point along the northerly boundary of said Ferris
Avenue No. 1 Annexation; thence
46) along the easterly boundary of that certain annexation to the Town of Los Gatos
known as Loma Street No. 1, N 33° 36' E, 98.30 feet to the southerly right -of -way
line of Loma Street; thence
47) westerly along the 'southerly line of Loma Street, N 78° 16' W, 55 feet; thence
48) S 33° 26' W, 98.25 feet to the southwesterly comer of said Loma Street No. 1
Annexation; thence
49) along the northerly boundary of that certain annexation to the Town of Los Gatos
known as Ferris Avenue No. 1, N 78° 21' 40" W, 378.99 feet, more or less to the
easterly right of way line of Ferris Avenue; thence
50) S 33° 26' W, 15 feet, more or less along the easterly right -of -way line of Ferris
Avenue; thence
51) across Ferris Avenue, N 78° 25' 30" W, 63.62 feet, more or less to the westerly line
of Ferris Avenue; thence
52) N 78° 25'30" W, 150.00 feet to a point along the northerly line of said Ferris Avenue
No. 1 Annexation; thence
53) along the easterly boundary of that certain annexation to the Town of Los Gatos
known as Northeast Annexation No. 11A, N 33° 26' W, 27.20 feet to the
northeasterly comer of said Northeast Annexation No. 11A and the southeasterly
corner of that certain annexation to the Town of Los Gatos known as San Jose
Avenue No. 2; thence
54) along the easterly boundary of said San Jose Avenue No. 2 Annexation, N 33° 26'
W, 9.92 feet to the southwesterly corner of that certain annexation to the Town of
Los Gatos known as Ferris Avenue No. 5; thence
55) along the boundary of said Ferris Avenue No. 5, S 78° 13' E, 150.00 feet; thence
56) N 33° 26'E, 62.88 feet along the westerly right -of -way line of Ferris Avenue; thence
57) N 78° 13' W, 130.00 feet to a point along the northerly line of Ferris Avenue No. 5
and a southeasterly corner of said San Jose Avenue No. 2 Annexation; thence
58) along the easterly boundary of said San Jose Avenue No. 2 Annexation, N 33° 26'
E, 126.24 feet; thence
59) S 78° 13' E, 69.76 feet to the southeasterly comer of said San Jose Avenue No. 2
Annexation and the center line of Ferris Avenue; thence
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Shannon Road No. 18 Annexation
60) along the southerly boundary of that certain annexation to the Town of Los Gatos
known as Ferris Avenue No. 4 and across Ferris Avenue, S 780 13'E, 25 feet, more
or less, to the easterly right -of -way line of Ferris Avenue; thence
61) S 33° 26' E, 98.3 feet, more or less, along the easterly right -of -way line of Ferris
Avenue to the northeasterly intersection of Ferris Avenue and Loma Street; thence
62) along the northerly right -of -way line of Loma Street, S 78° 16' E, 60 feet; thence
63) N 33° 26' E, 98.30 feet; thence
64) S 78° 16'E, 70 feet, more or less, to the southeasterly comer of said Ferris Avenue
No. 4 Annexation; thence
65) along the southerly boundary of that certain annexation to the Town of Los Gatos
known as Englewood Avenue No. 1, S 78° 41'E, 190.15 feet; thence
66) N 200 31' W, 160 feet; thence
67) S 78° 41'E, 285.32 feet, crossing Englewood Avenue to the easterly right -of -way line
of Englewood Avenue; thence
68) along the easterly line of Englewood Avenue, S 20° 31' W, 80.00 feet; thence
69) S 780 41' W, 275.84 feet; thence
70) N 190 40' E, 159.63 feet; thence
71) N 780 41' W, 273.43 feet to the easterly line of Englewood Avenue, along the
northerly boundary of said Englewood Avenue No. 1 Annexation; thence
72) along the easterly boundary of that certain annexation to the Town of Los Gatos
known as Englewood Avenue No. 2 and also being the easterly right -of -way of
Englewood Avenue, N 190 40' E, 80 feet; thence
73) S 78° 41' E, 272.21 feet; thence
74) N 19° 40' E, 79.82 feet to a northeasterly comer of said Englewood Avenue No. 2
Annexation and the southeasterly comer of that certain annexation to the Town of
Los Gatos known as Englewood Avenue No. 3; thence
75) along the easterly boundary of said Englewood Avenue No. 3 Annexation, N 19° 40'
E, 119.73 feet to the northeasterly corner of said Englewood Avenue No. 3
Annexation and a southeasterly comer of that certain annexation to the Town of
Los Gatos known as Englewood Avenue No. 2; thence
76) along said Englewood Avenue No. 2 Annexation, N 19° 40' E, 438.99 feet; thence
77) N 78° 41'W, 181.93 feet to a point along the northerly boundary of said Englewood
Avenue No. 2 Annexation; thence
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Shannon Road No. 18 Annexation
78) along the easterly boundary of that certain annexation to the Town of Los Gatos
entitled Shannon Road No. 7, N 200 31'E, 172.72 feet to the southerly right -of -way
line of Shannon Road; thence
79) across Shannon Road N 20° 31; E, 50.68 feet to the northerly right -of -way line of
Shannon Road as said right -of -way known in 1958 (50 feet wide) and the
northeasterly comer of said Shannon Road No. 7 Annexation; thence
80) along the southerly boundary of that certain annexation to the Town of Los Gatos
known as Shannon Road No. 1, also being the northerly right -of -way line of Shannon
Road, S 78° 54' E, 1,800 feet, more or less,
to the Point of Beginning.
Contains: 84.45 acres, more or less.
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Area Proposed for Annexation
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Scale: 1' = 500' Exhibit nBrt
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PROPOSED ANNEXATION TO THE APPROVED BY:
TOWN OF LOS GATOS
SHANNON ROAD No. 18 Acting Town Engineer Date