2017-050 - Make determinations and approve reorganization of Topping Way No. 7 at 16666 Topping WayRESOLUTION 2017 -050
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS
TOPPING WAY NO. 7
APN: 532 -09 -018
APPROXIMATELY 0.33 ACRES
ANNEXATION APPLICATION: AN17 -004
PROPERTY LOCATION: 16666 TOPPING WAY
PROPERTY OWNER /APPLICANT: ARTHUR LIN
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
0.33 acres located at 16666 Topping Way (APN: 532 -09 -018), has been filed by Arthur Lin; 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.
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Resolution 2017 -050 September 5, 2017
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 Topping Way No.7, 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 0.33 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 CECtA
Section 15061(b)(3): Review for Exemption.
d. The Town Council enacted Ordinance 1268 in 1975 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.
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Resolution 2017 -050 September 5, 2017
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.
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 5th day of September, 2017, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TH TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 01 -- iJ I -7
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GAT OS, CALIFORNIA
DATE:
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Resolution 2017 -050 September 5, 2017
EXHIBIT A
Geographic Description
Annexation to the Town of Los Gatos
Topping Way No. 7
All that certain real property situated in the County of Santa Clara, State of
California, being all of Lot 55 of Tract No. 328 recorded in Book 10 of Maps at
Page 56, Santa Clara County Records being a part of Rancho Rinconada de Los
Gatos, more particularly described as follows:
Beginning at a point on the Southerly right of way line of Topping Way (60' wide), said point
being on the existing Town Limit established by the Annexation entitled Topping Way No. 3,
said point also being the Northwesterly corner of said Lot 55;
Thence (1) Easterly 23.29 feet along said Southerly right of way line and Town Limit on a curve
to the left, said curve having a radius of 550.00 feet, delta 2 Degrees 25 Minutes 33 Seconds and
radial bearing North 14 Degrees 33 Minutes 48 Seconds East to a point on the Town Limit as
established by the Annexation entitled Topping Way No. 4;
Thence (2) thence along said right of way and Town Limit South 77 Degrees 51 Minutes 36
Seconds East a length of 64.93 feet to the Northwesterly corner of said Lot 55;
Thence (3) South 12 Degrees 08 Minutes 15 Seconds West a length of 137.00 to the
Southwesterly corner of said Lot 55;
Thence (4) North 73 Degrees 20 Minutes 45 Seconds W a length of 133.30 feet to the
Southwesterly comer of said Lot 55 and Northeasterly comer of the Town Limit, established by
Annexation entitled Marchmont Drive No. 4 and Southeasterly comer of the Town Limit
established by said Annexation entitled Topping Way No. 3;
Thence (5) along the Town Limit established by said Annexation entitled Topping Way No. 3
North 32 Degree 39 Minutes 45 Seconds East a length of 127.14 feet;
Thence (6) North 12 Degrees 51 minutes 45 Seconds East a length of 7.93 feet to the point of
beginning.
Containing 0.33 acres more or less.
Disclaimer: — 1 No.4953
"For assessment purposes only. This description of land is EV. 12-31-2017
not a legal property description as defined in the U�
Subdivision Map Act and may not be used as the basis for 9)�
on offer for sale of the land described" i , CF CAL1F�
Revised: June 12, 2017
E }CfffB1T A
AREA WITHIN ANNEXATION 0.33 ACRES.
Mp
B
1 " =50'
(6)N12'51'45 "E 7.93
EXISTING TOWN �
LIMIT ESTABLISHED
BY TOPPING WAY
NO. 3
ate/
c�
R=550.00'
/ D= 2'25'33"
L= 23.29'
DR/VE..",u,VT
VICINITY MAP
(N. T. S.)
WAY
B g345 E
S27-51 45,'E
LIN
APN 532 -09 -018 ro
LOT 55
EXISTING
TRACT 328 fro TOWN LIMIT
10 M 56 l3 ESTABLISHED
f� BY TOPPING
} WAY NO. 4
If v �PND S
EXISTING TOWN \20'45„ c`i =2g� Cy�o
LIMIT ESTABLISHED ti/ w 7333p, z No. 4953 %
BY MARCHMONT /* * * Ex .12.31 -2017 *
DRIVE NO. 4 kP Q
Disclaimer: FOF CAL�F�
"For assessment purposes only BEING LOT 55 OF TRACT NO. 328, R RDED
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 sale of the land
described."
LEGEND
PROPERTY LINE
CENTERLINE — -
EXISTING TOWN OF — — —
LOS GATOS BOUNDARY
LIMIT OF ANNEXATION - -®�
IN BOOK 10, PAGE 56 SANTA CLARA
COUNTY RECORDS
BEING A PART OF RANCHO RINCONADA
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED TOPPING WAY # 7
DATE: APRIL 2017 JOB. NO. 2017 -031
I BY: HARRY BABICKA I ' " " " "' �" �" I
I SHEET 1 OF 1 I
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
EXHIDTP B