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Mireval Road No. 4MEETING DATE: 08/06/12 ITEM NO. gas Gatog COUNCIL AGENDA REPORT DATE: July 23, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS MIREVAL ROAD NO. 4, APPROXIMATELY 3,3 ACRES LOCATED AT 17560 MIREVAL ROAD (APNS: 532 -25 -025 AND 023); FILE #AN12 -002. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated as Mireval Road No. 4, approximately 3.3 acres located at 17560 Mireval Road (APNS: 532 -25 -025 and 532 -25 -023). BACKGROUND: The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Services Area boundary and contiguous to a Town boundary or within 300 feet of a Town maintained roadway if the use is intensified. A property owner may also request annexation if their property meets one of these two qualifying criteria. In this case, the property owner has requested annexation independent of any development application. Section 56757 of the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000 gives the cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO). The process is initiated by the Town after the property owner files an annexation petition. However, legislation that became effective in 2004 now requires the Town to hold a protest proceeding, even if the area proposed for annexation is uninhabited and all property owners have consented to the annexation. This first meeting and resolution sets the date for the protest proceeding. PREPARED BY: Wendie R. Rooney, Director of Community Development �L� Reviewed by: Assistant Town Manager Town Attorney '�Einance N,WEV\TC REPORTWO121MirevalNo .4intro.doe Reformatted: 5 /30/02 Revised: 7 /23/12 10:12 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: MIREVAL ROAD NO.4 /FILE #AN12 -002 July 23, 2012 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Heyning Cheng, owner of the property at 17560 Mireval Road, which consists of two parcels. The property is located in an unincorporated island of the County. The property is in the Town's Urban Services Area, contiguous to a Town boundary, and pre -zoned HR -5 (Hillside Residential, five to 40 acres per dwelling unit). Annexation will allow Town services to be extended to the property and help fill an existing County "island." Santa Clara County Planning and the County Library Service Area have been notified of the annexation request. The protest proceeding has been scheduled for August 20, 2012. ENVIRONMENTAL ASSESSMENTS: Annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3). FISCAL IMPACT: The following fees are assessed by Santa Clara County, LAFCO, and the State Board of Equalization, and have been paid by the petitioner: County Surve or Map, legal description and guideline checking fee $2,000.00 County Assessor's fee $80.00 LAFCO processing fee $1,154.00 State Board of Equalization fee $350.00 The petitioners also paid an Annexation Fee of $1,363.00 to the Town. Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. Attachments: 1. Location map 2. Resolution making determinations and approving the reorganization of territory designated Mireval Road No. 4, with Exhibits A & B. Distribution: Heyning Cheng, 17560 Mireval Road, Los Gatos, CA 95032 WRR:SA:ct Ibis Page Intentionally Left Blank RESOLUTION 2012 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED MIREVAL ROAD NO. 4, PROPERTY LOCATED AT 17560 MIREVAL ROAD; APPROXIMATELY 3.3 ACRES (APNs 532 -25 -023 AND 532 -25 -025) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Mireval Road No. 4 from Heyning Cheng: and WHEREAS, the property, 3.3 acres at 17560 Mireval Road, APNs 532 -25 -023 and 532 -25- 025, is contiguous to the Town of Los Gatos, and within the Town's urban service area; and WHEREAS, the following special district would be affected by the proposal: Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted an ordinance over 25 years ago pre - zoning the subject territory with an HR -5 (Hillside Residential, five to 40 acres per dwelling unit) zoning designation; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibits A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Councils of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and ATTACMMNT 2 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 public hearing; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation to the territory designated as Mireval Road No. 4 at its regular meeting of August 20, 2012. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 0 day of August, 2012, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N %DEiV\RESbS'2012W imvalN04 -Rc.o Ldoc EXHIBIT 'A' ANNEXATION TO THE TOWN OF LOS GATOS MIREVAL ROAD NO. 4 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being all of that certain parcel designated "TRACT ONE: PARCEL ONE:" and all of that certain parcel designated "TRACT TWO: PARCEL ONE:" as said parcels are described in the Grant Deed from Carol J. Tomlinson and Carol J. Tomlinson, Trustee of The Tomlinson Merger Trust U /A/D 12/12/08 to Heyning A. Cheng, a single man recorded on April 27, 2012 as Document No. 21641331 of Official Records, Santa Clara County records; being a part of the northeast quarter of Section 27, Township 8 South, Range 1 West, Mount Diablo Meridian, more particularly described as follows: BEGINNING at the southeast corner of that certain annexation entitled "Mireval Road No. 2" Annexation to the Town of Los Gatos, said point being the southwesterly corner of said "TRACT TWO: PARCEL ONE:" parcel; Thence along the general easterly line of said "Mireval Road No. 2 ", (1) North 620 17' 00" West, 59.05 feet; Thence (2) North 68° 43' 00" West, 33.60 feet; Thence (3) North 04° 43' 00" West, 179.23 feet to a southeasterly corner of said "TRACT ONE: PARCEL ONE:" parcel; Thence (4) North 57° 03' 00" West, 61.76 feet; Thence (5) North 79° 06'00" West, 37.77 feet; Thence (6) South 790 43' 00" West, 43.25 feet; Thence (7) North 75° 51' 00" West, 61.95 feet to a point on the centerline of Mireval Road, 30 feet wide as shown on the Record of Survey Map filed in Book 178 of Maps at Page 4, said Santa Clara County records; Thence continuing along the general easterly line of said "Mireval Road No. 2 ", being the centerline of Mireval Road, (8) North 420 32' 30" East, 25.19 feet; Thence (9) North 130 17' 00" East, 166.11 feet; Thence (10) North 33° 52' 00" East, 29.52 feet; Thence (11) North 670 08' 00" East, 24.74 feet to the southwest corner of that certain annexation to the Town of Los Gatos entitled "MIREVAL ROAD NO. 1 ANNEXATION "; EXHIBIT A Of Attachment 2 Thence leaving said "Mireval Road No. 2" annexation, along the general southerly line of said "MIREVAL ROAD NO. 1 ANNEXATION" (12) North 67° 08'00" East, 9.62 feet; Thence (13) South 84° 45' 00" East, 31.00 feet; Thence (14) South 680 55' 00" East, 43.25 feet; Thence (15) South 56° 23' 00" East, 84.93 feet; Thence (16) South 750 16' 00" East, 73.94 feet; Thence (17) South 680 15' 00" East, 94.24 feet to the most northerly corner of said "TRACT TWO: PARCEL ONE" parcel; Thence leaving said "MIREVAL ROAD NO. 1 ANNEXATION" boundary, along the general easterly and southerly line of said "TRACT TWO: PARCEL ONE" boundary, (18) South 560 24' 00" East, 58.42 feet; Thence (19) South 260 19' 00" East, 73.55 feet; Thence (20) South 01' 27' 00" East, 74.02 feet; Thence (21) South 000 55' 00" West, 195.34 feet; Thence (22) North 89° 37' 00" West, 194.95 feet to the POINT OF BEGINNING and containing 3.326 acres of land, more or less. END OF DESCRIPTION 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 sale of the land described, Ccm-f2wv .�, °.'� Kristina D. Comerer, PLS 6766 , n¢ ` Rev. Date: �i� Vii? LS 077W ` 2 DISCLAIMER: (S 56-17'10" E 0 FOR ASSESSMENT PURPOSES ONLY. THIS 84.92) DESCRIPTION OF LAND IS NOT A LEGAL E 73.941® PROPERTY DESCRIPTION AS DEFINED IN /Q THE SUBDIVISION MAP ACT AND MAY NOT E gS66815'QO "„ EE 94.24@ BE USED AS THE BASIS FOR AN OFFER FOR 43.25 SALE OF THE LAND DESCRIBED. ((94,27) EXISTING L5 EXISTING TOWN OF LOS GATOS 25.19 TOWN OF LOS GATOS MIREVAL ROAD NO. 1 SANTA MIREVAL ROAD NO. 2I ANNEXATION ANNEXATION _ ca S 56'23'00 SCALE: E EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS MIREVAL ROAD NO. 4 LYING WITHIN UNINCORPORATED AREA OF CLARA COUNTY, CALIFORNIA 1" = 100' MAY 2012 (7 ©® �� PROPOSED ANNEXATION ® Ea LOCATION MAP AREA =3.326 ACRES +/— c� ,ELO zl APN: 532 -25 -023 <� , $� LANES OF' CHENO (A �JOf;. N0. 2164J331 f o to 0 N W � 7RACr TWO M`RE\IP� a w o PARCEL ONE SOP OBI g&'` o '7f ��� ®� SITE '� g� p 4 N68 °43'00 "W 33.60(-2) NO. (S 56-17'10" E 0 DISTANCE 84.92) 75'16'_90" �S E 73.941® v /Q 75'1310 73.91) E gS66815'QO "„ EE 94.24@ W 43.25 �® ((94,27) ^I L5 N42'32'30 "E 25.19 L6 APN: 532 -25 -025 29.52 L7 �l LANES Ojl:r CHENr DC)C. AJO. 2164J331 L8 N67'08'00 "E 30 rRACr ONE S84'45'00 "E '® L10 S68'55'00 "E PARCEL DIVE Lll APN: 532 -25 -026 58.42 L12 S26'19'00 "E 73.55 _� (7 ©® �� PROPOSED ANNEXATION ® Ea LOCATION MAP AREA =3.326 ACRES +/— c� ,ELO zl APN: 532 -25 -023 <� , $� LANES OF' CHENO (A �JOf;. N0. 2164J331 f o to 0 N W � 7RACr TWO M`RE\IP� a w o PARCEL ONE SOP OBI g&'` o '7f ��� ®� SITE '� g� p 4 N68 °43'00 "W 33.60(-2) NO. BEARING DISTANCE Ll N57'03'00 "W 61.76 L2 N79'06'00 "W 37.77 L3 S79'43'00 "W 43.25 L4 N75'51'00 "W 61.95 L5 N42'32'30 "E 25.19 L6 N33'52'00 "E 29.52 L7 N67'08'00 "E 24.74 L8 N67'08'00 "E 9.62 L9 S84'45'00 "E 31.00 L10 S68'55'00 "E 43.25 Lll S56'24'00 "E 58.42 L12 S26'19'00 "E 73.55 L13 S01'27'00 "E 74.02 N 62` 59.05 v u KRISTINA D. COMERER PLS 6766 REV. DATE: 2 a j17 N 89'37'00" W \POINT OF 194.95 BEGINNING NE 1/4 S. 27, T. 8 S., R. 1 W., MDM 7'00" W LEGEND 01 BOUNDARY LINE OF PROPOSED ANNEXATION — — EXISTING TOWN OF LOS GATOS BOUNDARY ( ) RECORD PER MIREVAL ROAD NO. 1 ANNEXATION ((N67'09'30 "E 9.62) CROSS LAND SURVEYING, INC. (S84'44'10 "E 31.01) 2210 MT. PLEASANT ROAD (S68'50'40 "E 43.28} L SAN JOSE, CA 95145 r (408) 274 -7994 PROJECT NO. 12 -25 Of Attachment 2 This Page Intentionally Left Blank