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1991-178-Making Findings On the Value Of Written Protests Filed And Not Withdrawn In Certain Inhabited Territory Desginated As Shannon Road No. 18 To The Town Of Los Gatos Ordering The Annexation Subject To Confirmation By The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RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY DESIGNATED AS SHANNON ROAD NO. 18 TO THE TOWN OF LOS GATOS ORDERING THE ANNEXATION SUBJECT TO CONFIRMATION BY THE VOTERS,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the hearing on July 15, 1991, and set August 5, 1991 as the date determine the value of written protests filed and not withdrawn and take an action as described in Section 57075 of the Government Code of the State of California; Lt 3 \cncl rpts \8- 5 #7.anx 1 RESOLVED by the Town Council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 L13 \cnci rpts \8- 5 #7.anx 2 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 DV04: \Annex \Sha on.18B (8/13/91) 13:51 Page 2 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 DV04: \Annex \Sha on.18H (8/13/91) 13:51 Page 3 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 DV04:\Annax\Sha on.18B (8/13/91) 13:51 Page 4 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 DV04: \Annex \Shennon.18B (8/13/91) 13:51 Page 5 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 DV04: \Annex \Shannon.188 (8/13/91) 13:51 Page 6 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. DV04: \Annex \Sha on.18S (0/13/91) 13:51 m" o' �2 3 5g 69 781, �—.Y S Q 0 9 L U O \�, 65 \7 La aw C O Y LEGEND �LC �° .v ( QU Existing Town Boundary =s c ;m. .a e Area Proposed for Annexation ,•, VlG nity Map. Scale: 1' = 500' Exhibit nBrt zcU: 8113 191 PROPOSED ANNEXATION TO THE APPROVED BY: TOWN OF LOS GATOS SHANNON ROAD No. 18 Acting Town Engineer Date