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2016-044 - Approve the reorganization of Marchmont Dr. No 4 at 16709 Marchmont DrRESOLUTION 2016 -044 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS MARCHMONT DRIVE NO.4 PROPERTY LOCATED AT 16709 MARCHMONT DRIVE APPROXIMATELY 0.28 ACRES (APN: 532 -09 -044) ANNEXATION APPLICATION: AN16 -004 PROPERTY OWNER: RACHEL PARRINELLO WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and detachment of said territory from the Santa Clara County Library Service Area, consisting of 0.28 acres located at 16709 Marchmont Drive (APN: 532 -09 -044), has been filed by Rachel Parrinello (property owner); 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(a) 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 a 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 Marchmont Drive No. 4, more particularly described in Exhibits A and B. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.28 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 1268 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. It. 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. 2. 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. 3. Pursuant to Section 56663(c) the Town waives protest proceedings. 4. That upon completion of these reorganization proceedings the territory described in Exhibits A and B will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area. 2 of 3 Resolution 2016 -044 August 16, 2016 5. 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 16`" day of August, 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: None ABSENT: None ABSTAIN: None A MAYOR 9P THE TONVN OF LOS GATOS LOS OS, CALIFORNIA DATE: a ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 of 3 Resolution 2016 -044 August 16, 2016 EXHIBIT "A" GEOGRAPHIC DESCRIPTION MARCH MONT DRIVE NO. 4 ANNEXATION TO THE TOWN OF LOS GATOS ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF SANTA CLARA , STATE OF CALIFORNIA, BEING A PART OF RANCHO RINCONADA DE LOS GATOS , DESCRIBED AS FOLLOWS : BEING LOT 49 , AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 328 KENWOOD ACRES," FILED FOR RECORD JUNE 25 , 1946 , IN BOOK 10 OF MA PS AT PAGE 56, SANTA CLARA COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 49 ON THE EXISTING TOWN LIMITS ESTABLISHED BY MARCHMONT DRIVE NO. 3 ANNEXATION; (1) THENCE LEA VING SAID TOWN LIMITS NORTH 33 °18 '00" EA ST 142 .00 FEET ALONG THE WESTERLY LINE OF SAID LOT TO THE EXISTING TOWN LIMITS ESTABLISHED BY TOPPING WAY NO . 3 ANNEXATION ; (2) THENCE SOUTH 73 °20'45 " EAST 90 .02 FEET ALONG THE NORTHERLY LINE OF SAID LOT AND EXISTING TOWN LIMITS ; (3) THENCE LEAVING SAID TOWN LIMITS SOUTH 33 °18'00" WEST 142 .00 FEET ALONG THE EASTERL Y LINE OF SA ID LOT TO THE EXISTING TOWN LIMITS ESTABLISHED BY SAID MARCHMONT DRIVE NO . 3 ANNEXATION ; (4) THENCE NORTH 73 °2 0'45" EAST 90 .02 FEET ALONG THE SOUTHERLY LINE OF SAID LOT AND EXISTING TOWN LIMITS TO THE POINT OF BEGINNING ; CONTA INING 0 .2 8 ACRES , MORE OR LESS. SEE EXHIBIT B FOR THE ACCOMPANYING MAP, ATTACHED HERETO AND MADE A PART THEREOF . FOR ASSESSMENT PURPO SES ONLY . THIS DESCRIPTION OF LAND I S NOT A LE GAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBD IVISI ON MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND-DESCRIBED . LC E N G INE ERI NG 598 E San ta C l ara S t , S u i t e 2 7 0 , San J ose , CA 951 1 2 SH E ET 1 Of 2 PREPARED ON MARCH 22 , 2016 REV ISED JUNE 13, 2016 LC ENGINEERING E X PIRAT I O N DA TE 1 2 /3 1 /201 6 P(408 ) 8 06 -7 1 87 I F(4 08) 583-4 0 06 This Page Intentionally Left Blank 0 ,,.., 0 ,,.., LOT 53 APN 532-09-016 ANN(XA TI O N AR(A 0.2 8 A CR E S VICINITY MAP NTS LOT 50 APN 53 2-09 -0 45 PO I N T OF BEGINNING -EXHIBIT "B " EX IS TING TO W N LIMI T S 1 ESTABLI S H E S BY 1 LOT 54 TOPPING WA y 7 LOT 55 ~ ~p~ 532-~9~~ __ N ~ A !!N_EXA TION _ J APN 5 32 -09-018 (2 ) S73"20'45"E 90 .02' LOT 49 APN 532-09 -0 44 0.28± ACRES LOT 48 A PN 532 -09 -043 ------~4 )-f\i7 3 '20'45 W --9 0.0 2' --~ --EXIST I N~ ~O WN Ll~T~ -------- \_ ESTA BLISH ED BY MARCHMONT DRIVE MARCHMO NT DRIVE NO . 3 ANNEXATION 3: ......__ ·o ({) <l S73"20'45"E (BASIS OF BEAR I NGS) 60' 0 1 5 ' 30' Sca l e 1 inc h = 3 0 ft. BEING A PART OF RANC HO RINCON ADA DE LOS GATOS LEGEND & ABBREV/A T/ONS BAS IS O F BE ARINGS: THE BEAR INGS S HOWN ON THIS MAP AR E BASED ON THE CENTERLINE O F MARCHMONT DRIVE AS FOUND MONUMENTED AS S7 3"2 0'45 "[ SHOWN ON TRAC T NO . 328 "KEN WO OD ACRES" BEING A PORTIO N OF SEC.22 T8S .,RIM, RECORDED JU NE 25. 1946 IN BOOK 10 OF MAPS A T PAGE 56 , SANTA CLARA " COUNTY RECORDS . -----PARCEL LINE -----PROPESED ANNEXA TIO N LIN[ ---i---CENTERLINE EXISTING TOWN LIMITS DISCLAIMER : "FOR A SS ESSMENT PURPO SES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGA L PROP ER TY DESC RIP T ION AS DEFJNED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SAL[ OF TH[ LAND DESCRIBED." MARCH MONT DRIVE NO. 4 ANNEXATION PLAT LANDS OF PARRINELLO 17609 MARCHMONT DRIVE, APN 532 -09 -044 County of Santa Clara California SC AL E: 1 • ; , 0 . DATE : 03/22/1 6 DRWG . NAME : -' REVISED : 06/13/16 PROJECT NO . SHEET 2 OF 2 ENG I NEER I NG 598 E Santo Claro St, #270 Son Jose, CA 95112 Ph o ne: ( 4 0 8 ) 806 -718 7 Fox: ( 408) 583 -4006 This Page Intentionally Left Blank