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2016-050 - Make determination and approve reorganization of Winterbrook No. 5 at 16020 Winterbrook RdRESOLUTION 2016 -050 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS WINTERBROOK NO.5 APPROXIMATELY 0.394 ACRES PROPERTY LOCATED AT 16020 WINTERBROOK ROAD (APN: 523 -26 -014) ANNEXATION APPLICATION: AN16 -005 PROPERTY OWNER: JOSHUA STULTS WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and detachment of said territory from Santa Clara County Library Service Area, consisting of 0.394 acres located at 16020 Winterbrook Road (APN: 523 -26 -014), has been filed by Joshua Stults; 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 Winterbrook No. 5, more particularly described in Exhibits A and B. 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.394 acres and includes 0.166 acres of County street right -of -way. 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 1267 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. h. 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. 3. 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. 4. Pursuant to Section 56663(c) the Town waives protest proceedings. 2of3 Resolution 2016 -050 October 4, 2016 5. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area. 6. 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 4th day of October, 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. ATTEST: CLERK ADTNViINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: J .OS GATOS 3 of 3 Resolution 2016 -050 October 4, 2016 WT Mqjz4l_j;(olojMLoJ" unlowmmlel • • �l, • • • • THE FOLLOWING LANDS AREA PORTION OF RANCHO RINCONADADE LOS GATOS; LYING IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF BEGINNING (P.O.B.), SAID P.O.B. BEING AN ANGLE POINT IN THE EASTERLY LINE OF WINTERBROOK NO. 3; SAID ANGLE POINT BEING THE WESTERLY END OF THAT COURSE IN SAID WINTERBROOK NO. 3, "EASTERLY 15.00 FEET% SAID P.O.B. BEING THE CENTER POINT OF THE 40 FOOT RADIUS CURVE AS SHOWN ON TRACT NO. 505, RECORDED IN BOOK 38 OF MAPS, PAGE 1; THENCE 1. N 39 °32'30" E 40.00 FEET ALONG THE WINTERBROOK NO.3 LINE TO A POINT ON THE NORTHEAST LINE OF THE CUL -DE -SAC OF WINTERBROOK ROAD, SAID POINT BEING THE DIVIDING LINE OF LOTS 5 AND 6 OF SAID TRACT NO. 505; THENCE LEAVING WINTERBROOK NO.3 2. ALONG A40 FOOT RADIUS CURVE TO THE RIGHT FROM ATANGENT OF S 50 °27'30° E, CONCAVE TO THE SOUTHWEST, THROUGH AN INTERIOR ANGLE OF 85 °32'300 WITH A CURVE LENGTH OF 59.72 FEETAND A CHORD OF 54.32 FEET; THENCE 3. S 35 °05'30" W 27.54 FEET TO THE NORTHERLY CORNER OF LOT 7 OF SAID TRACT NO. 505; THENCE 4. S 72 °55'40' E ALONG THE NORTHERLY LINE OF SAID LOT 7,104.68 FEET; THENCE 5. S 03 °33'30' E ALONG THE EAST LINE OF SAID LOT 7, 60.00 FEET; THENCE 6. N 87 °2845" W ALONG THE SOUTH LINE OF SAID LOT 7,162.59 FEET TO THE SOUTHEAST LINE OF WINTERBROOK ROAD; THENCE 7. S 35 °05'30" W ALONG LAST SAID LINE, 26.46 FEET; THENCE 8. SOUTHERLYALONG LAST SAID LINE, ALONG A 124.95 FOOT RADIUS CURVE TO THE LEFT, CONCAVE TO THE EAST-SOUTHEAST, HAVING AN INTERIOR ANGLE OF 35 05'30 - FOR A LENGTH OF 76.53 FEET AND A CHORD OF 75.34 FEET TO A POINT ON THE NORTHERLY LINE OF WINTERBROOK NO. 1; THENCE 9. S 81'22'00"W ALONG THE LAST SAID LINE, 25.29 FEET TO THE NORTHWEST CORNER OF WINTERBROOK NO. 1, LAST SAID CORNER BEING ON THE CENTERLINE OF WINTERBROOK ROAD AND EASTERLY LINE OF WINTERBROOK NO. 2; THENCE LEAVING WINTERBROOK NO. 1 10. NORTH ALONG THE LAST SAID LINE, 3.80 FEET; THENCE 11. NORTHEASTERLY ALONG THE LAST SAID CENTERLINE ALONG A 149.95 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE EAST - SOUTHEAST, HAVING AN INTERIOR ANGLE OF 23 °17'04 ", FOR A DISTANCE OF 60.94 FEET AND A CHORD OF 60.52 FEET TO THE SOUTHEAST CORNER OF WINTERBROOK NO. 3; THENCE LEAVING WINTERBROOK NO. 2 cu: 12. CONTINUING ALONG THE SOUTHEAST LINE OF 1MTERBROOK NO, 3 AND SAID 149.95 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 11 °48'26" FOR A DISTANCE OF 30.90 FEET AND A CHORD OF 30.85 FEET; THENCE 13. N 35'05'30'E ALONG LAST SAID SOUTHEAST LINE, 156.00 FEET; THENCE 14. N 54 °54'30" W 15.00 FEET TO THE POINT OF BEGINNING. ANNEXATION WINTERBROOK NO. 5 CONTAINS 0.394 ACRES, MORE OR LESS FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR THE SALE OF THE LAND DESCRIBED. REVISION. NO. 1. JULY 1, 2016 - CHANGE OR ADD VARIOUS DATA * i (,-30 �( Exp' W I CXNAle' 'r "6' PRdPOSED AI\CIVCXAiJOr,( - POFUTION' R.ANCHL) R11./CD9Al1 ^DE L05GAi05-ro Tovjr<ot= LD5 GATDS, COUJSI i Dr SAtIiA CLAi =�l:, LF\u FriRr.;►r - -, ENTIILE-ti LL) iWiERGRoaK KO.S 2-D7 -20110 7 -01 -2016: RE)(, CWA�(rE aR ADD ANt Exi- rlore Coy;tsES 0 N 3q= 31' 36'F- 40,DU QQ R- 40.00' L= 59.-72' b,= BS °3Z' 3d'CTAH6.= ® ® S 35° 05'30" W 27.54 5 S 720 55'4o"C 104 (p8' CMDRU =54.32 Q SOW 33'30'0 IDO.oD' ® K s-7° za' 4s" w Iry ?. s9' © 5 3S' OS'30'W Z(D.4lc,' ® IZ= 124,85' f_= 71n.53'9. D= 35° OS'30'." CMdRD: 15.3t' ® S rdl° 22' o0'I.J 25.29 ® K o0'oD'oD "uJ 3.8D Q R= 144,95' L= 6C).-T4' oC=WJ7�oM' cltoRb: V, ' \ I2 R °149.96' CMORD= 3o;8sr or. fl= I I°48'z9' U- Q S dD m SCALE ^� 47 I ZS 2 W iW7ER5 eJi„c U AIDA A.I. LOCAiiON MAP 6 -3t7 Exp._�� Di SCLAi rNE;L; Fore ASSESSM&IT PUfZfb%E-5 o#JLI'!' 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