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2010110104 - Reorganization of 16397 Hilow Road~a~N aF MEETING DATE: 11/01/10 ' ITEM NO. ~T 1~.,u,,,r,~~~~~ CONSENT ~,,, ~os'~~GA~O`' COUNCIL AGENDA REPORT DATE: October 26, 2010 TO: MAYOR AND TOWN COUNCIL G~ '~ ,~-~ FROM: GREG CARSON, TOWN MANAGER SUBJECT; ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD NO. 4, CONTAINING APPROXIMATELY 1.12 ACRES, LOCATED AT 16397 HILOW ROAD (APN: 532-04-062). FILE #AN10-001. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated Hilow Road No. 4, containing approximately 1.12 acres, located at 16397 Hilow Road {APN: 532- 04-062). DISCUSSION: On September 20, 2010, the Town Council adopted a resolution approving arulexation of one parcel located at 16397 Hilow Road .and a portion of the Hilow Road right-of--way. The staff report and resolution incorrectly cited the land area as .58 acres rather than the total acreage of 1.12 acres. A corrected resolution is required in order to receive LAFCO certification. Attaclunents: 1. Revised resolution making determinations and approving t11e reorganization of territory designated as Hilow Road No. 4, with Exhibits A & B. Distribution: Nien-Tsu Wang, 16397 flilow Road, Los Gatos, CA 95032 Michael .Lopez, Plaruzing Manager; Enviroiunental Resources Agency, 7t'' Floor; County Govenunent Center, East Wing; 70 W. Redding Street, San Jose, CA 95110 PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager ~i°own Attorney Clerk ~ Finance L~Community Development ~ Revised: 10/26/10 12:05 PM N:\DEV\SUZANNE\Council\Reports\Annexation\HilowNo.4-RevisedReso.doc Reformatted: 5/30/02 THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2010 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD NO. 4 APPROXIMATELY 1.12 ACRES LOCATED AT 16397 HILOW ROAD (APN: 532-04-062) 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 1..12 acres located at 16397 Hilow Road (APN 532-04-062) has been filed by Nien-Tsu Wang; 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 in initiated by resolution of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction authority of said annexation; and WHEREAS, Government Code Section 56663 (a) provides that if a petition for aruiexation is signed by all owners of land within the affected territory, the Town Council may approve or disapprove the annexation without 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: _- -~- l: -- That rt-is the~conductng authority pursuant to-Section 56757 of the Goveriirrienf.Code for ~ ~ `_~ the annexation of property designated as Hilow Road No. 4, more particularly described in Exhibit•A and B; 2. That the following finding are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately .58 acres, inclusive of road right-of--way. b. That 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. Attachment 1 c. The project is exempt fiom C.E.Q.A. -under the provision of the California Administrative Code,. Title 14, Section 15061(b)(3). d. The Town Council enacted an ordinance over 20 years ago pre-zoning the subject territory witli an R-1;8 (single family residential, 8,000 sq. ft. minimum lot size) zoning desgriation. e. That the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. £ That t11e County Surveyor has determined the boundaries of the proposed annexation to be definite and certain,. and in compliance wit11 the Commission's road amlexation policies. The County Surveyor has been reimbursed for the actual cost: incurred by the County Surveyor in malting this determination. g. That the proposed annexation. does not create islands or areas. in which it would be difficult to provide municipal services. h. That the proposed amlexation does not split lines of assessment or ownership. That the proposed annexation is consistent with the Town's General Plan. j. That the territory to be amlexed is within 300 feet of a Town maintained roadway. lc. That 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 Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. 4. That all property owners and registered voters have been provided written notice of this proceeding and no opposition has been. received. 5. That said annexation is hereby ordered without any further protest proceedings pursuant to Section 5:6663 (c/d) and is subject to no terms or conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Library Service Area. BE IT FURTHER RESOLVED 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 held on November 1, 2010, 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:~DEV~SUZANNE\AnnerationUiilowNo.4U-Iil owNo4•RevReso2.doc .THIS PAGE INTENTIONALLYLEFTBLRND EXHIBIT "A" ANNEXATION HILOW ROAD N0.4 TO TO~,~,~N OP LOS GATOS All that real property situated in the County of Santa Clara, State of California being a portion of rancho "Rinconada de Los Gatos" described as follows: Beginning at the Northeast corner of Resolution No. 2005-I3$ entitled "Hilow Road No.2" dated January 27, 2004 to Town of Los Gatos, said corner being on the Easterly right of way line of Hilow Road (60 feet wide) 26.61 feet along anon-tangent curve to the right, said curve having a radius of 817.48 feet, a delta of 1 Degree 51 NI'inutes SS Seconds and a radial bearing..of North 70 Degrees 19 Minutes 55 Seconds West from the Southwesterly corner of Lot 13 as shown on the subdivision map for Tract No. 616 recorded in Book 26 of Maps at Pages 8 and 9 Santa. Clara County Records; Thence (1) along the existing Town Limit as established by said resolution North 68 Degrees 28 Minutes West a length of 60.00 feet to the Northeasterly corner of Lot 7 of said tract; Thence (2} leaving said Town Limit 88,26 feet along the Westerly right of way of Hilow Road and anon-tangent curve to the right, said curve having a radius of 877.48 feet, a delta of 5 Degrees 45 Minutes 47 seconds and a radial bearing North 68 Degrees 28 Minutes West; Thence (3) 62.37 feet along a reverse curve to the left said curve having a radius of 817.48 feet and a delta of 4 Degrees 22 Minutes 18 Seconds to the. Southeasterly corner of Lot 4 of said Tract; Thence (4) leaving said right of way and along the Southerly boundary of said Lot 4 North 70 Degrees 19 Minutes 55 Seconds West a length of 155.85 feet; -- - -Thence (5} along-the-Westerly boundary-of-said-Lot-4-North-19Degrees-40--Minutes-East ---------------- alength of 75.00 feet; Thence (6) along the Northerly boundary of said Lot 4 South 70 degrees 19 Minutes 55 Seconds East a length of 157.16 feet to the Westerly right of way line of Hi1ow Road; Thence (7) along said Westerly right of way line North 19 Degrees 40 Minutes OS Seconds East a length of 393.14 feet to the existing town limit of Town of Los Gntos as established by Resolution No. 2006-016 entitled "Shannon Road No. 22"; Thence (8) along said town limit South 70 Degrees 19 Minutes 55 Seconds East a length of 60.00 feet to the Easterly right of way line of Hilaw Road; Thence (9) leaving said town Limit along said Easterly right of way line South 19 .Degrees 40 Minutes OS Seconds West a length of 421.69 feet; E%HIBIT ~ Thence (10) 116,83 feet along a tangent curve to the right, said curve having a radius 877.48 feet and a delta of 7 Degrees 37 Minutes 42 Seconds; Thence (11) 82.23 feet along a reverse curve to the left, said curve having a radius. of 817.48 feet and a delta 5 Degrees 45 Minutes 47 Seconds to the point of beginning, Containing 1.12 acres more or less. Revised July 28, 2010 Disclaimer: "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." ~~ ~~Y BAS/C 'QG~ ~ ~ ~. No.-4953 ~cp.12=31-19 ~~ CA~~F ,~ i ~ LEGEND S~A ~ r~ PROPERTY LINE ~- ~ ' ~i o J~ f .CENTERLINE - ~ V O ~i D EXISTING TOWN LIMIT ~ '`--~ -_f'1 LIMIT OF ANNEXATION - - - AREA 1,12 acres more or less EXISTING TOWN LIMIT LINE J AS ESTABLISHED. BY RESOLITION N0. 2006-016 ENTITLED "SHANNON ROAD ~~ .,„ „„» /`~ ~6) S rno `~p•1g~ss„ ~ ~S~ Z ^~~ HUANG MEI YING`~ ~ ' ~s' WANG HSIEH CHUNG ~' APN 532-04-062 LOT 4 SS °~W ASS 85 ~. LOT 5 ~ \ ti Z ~ ~~ ~ LOT 6 ~ ~\ ~~ ~~~~ Q~p~ gory n.~ // n, ~,, ^~~ , °` ~ry ~ ~ /~,~~ ~% ~ p •~~8~ ---~ 6p SS "E pp° co /~ N ~ 1 "=60' ,o o ~- ~ ~ Disclaimer: / ~; "For assessment purposes only. /~~~/~M 4.^ ~ O,O ~/ /" POINT OF /-BEGINNING o v~'D s~ n~ ~ '~ w~~~ ~~V Bgg~c ~L~~ LOT 7 ~~ ~a /~N ~ No. 4953 a EXISTING TOWN LIMIT N 68>' LOT 13 ~A•12-31-11 ~ LINE AS ESTABLISHED sp• . W X68• 9}~ c~~~q BY RESOLUTION ~ N0. 0 ERR) 28 w ~ ~F CA~~~®~ 2005-135 ENTITLED - N70°~9S5" ~~~ '" "HILOW ROAD N0. 2" R-817.48' I,y _ ____________ _~~~D=1:°51'55"_~___,_ WI_THIN_.RIN.CONAD.A.-:D.E__.L S~_GAT.OS-:.LAND-GRAM L=26.61 :LOT 4, TRACT N4. fi16, .RECORDED IN BOOK 26 PAGE 8 & 9 SANTA CLARA COUNTY RECORDS EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS ENTITLED HILOW ROAD N0.4 DATE: April 2010 JOB. N0. 2010-030 BY: HARRY BABICKA REVISED: JULY z8, 2010 VICINITY MAP ~o~~ .~ ~ ~o z~ Q Sheet 1 of 1 WESTFALL ENGINEERS, iNC. SARATOGA, CALIFORNIA 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." EgHTBIT B THIS PAGE INTENTIONALLYLEFT BLANK