CC Resolution No. 8918
" '.,
RESOLUTION NO. 8918
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DE SIGNA TED
"UPLAND WAY 92-04" , APPROXIMATELY 2.278 ACRES
LOCATED AT THE END OF UPLAND WAY BETWEEN
RAINBOW DRIVE AND BUBB ROAD; SETHE (APN 366-03-051)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 2.278 acres at the end of Upland
Way between Rainbow Drive and Bubb Road (APN 366-03-051) has been filed by
Harlan and Ruth Sethe; and
WHEREAS, on June 7, 1993, the City Council adopted resolution No. 8887
initiating proceedings for reorganization of the area designated "Upland Way 92-04"; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 8918
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the reorganization of property designated "Upland Way 92-04", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.166 acre.
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban selVice area and is consistent with the City policy
of annexing when providing City selVices.
c. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on September 8, 1981, enacted an ordinance prezoning
the subject territory to City of Cupertino RHS zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban selVice area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to terms and conditions requiring
annexation to the Cupertino Sanitary District as per Exhibits "C" and "D
attached.
h. That the County SUlVeyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County SUlVeyor in making this
determination.
t. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal selVices.
J. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
2
Resolution No. 8918
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section
35151 etseq. ofthe Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this hth day of Julv , 1993 by the following
vote:
Vote Members of the City Council
A)'ES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Roberta A. Wolfe
City Clerk, Deputy
/s/ Nick Szabo
Mayor, City of Cupertino
3
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "UPLAND \lAY 92-04"
DATE: KARCH 1992
consisting of Parcel B as shown on that certain parcel map recorded in Book 492 of Maps
at page 2, Santa Clara County records and described as follows:
BEGINNING at the most northerly corner of said Parcel B, said corner lying on the limits
of incorporation of the City of Cupertino as defined by annexation titled "Upland \lay
90-05" as adopted by the City of Cupertino resolution 18231 and also lying on the
\lesterly boundary of Upland \lay, sixty feet wide: thence along said limits of
incorporation and said \lesterly boundary of Upland \lay through a curve to the left with
an initial tangent of S3304l'OO"E, a radius of 205.00 feet, an internal angle of
18001'00", and a length of 64.46 feet to an iron pipe at a point of compound curvature;
thence along a curve to the left with a radius of 40.00 feet, an internal angle of
120°00'00", and a length of 83.18 feet to a point of cusp at the most Northeasterly
corner of said Parcel B; thence leaving said limits of incorporation and said \lesterly
boundary of Upland \lay and along the Northeasterly houndary of said Parcel B S51042'00"E
283.10 feet to the Easterly boundary of
said Parcel
B'
,
thence
along
said
Easterly
boundary S11044'00"\I 98.25 feet to the Southerly boundary of said Parcel B; thence along
said Southerly bOundary S89051'OO"\I 489.89 feet to an iron pipe at the most Southwesterly
corner of said Parcel B, said point also lying on the limits of incorporation of the City
of Cupertino as defined by annexation titled "Upland \lay 89-12" as adopted by the City of
Cupertino resolution 18126; thence along said limits of incorporation and the \lesterly
line of said Parcel B N21014'll"E 321.99 feet to an iron pipe; thence N83°42'OO"E 42.51
feet to the POINT OF BEGINNING.
containing 99,230 square feet (2.218 acres) more or less and lying within Santa Clara
County, California.
APN: 366-03-051
EXHIBIT "A"
Revised 1-26-93 by MEN
EXHIBIT "B"
N 83'42'00·
42.57'
¡¡:XISl1NG ANNEXA 11 ON
UPLAND WAY 90-05
RES. #8237
to. = 18\)1'00"
R = 205.00'
L = 64.46'
to. = 120"00'00"
R = 40.00'
L = 83.78'
SCALE: 1"=100'
f,XISl1NG ANNEXA 110N
UPLAND WAY 89-12"
RES. #8126
UMITS OF IN CORPORA 110N
OF "THE C1TY OF CUPERl1NO
UIoUTS OF INCORPORATION
Of "THE C1TY OF CUPERl1NO
J'
$1'
11"",.
°O~
~
"'6'J
'10'
4J
N 89"57'00" E
489.89
LEGEND:
BOUNDARY UNE OF
PROPOSED ANNEXA110N
BOUNDARY UNE OF
EXISl1NG ANNEXT A 110N
- - - AND Ut.lITS Of INCORPORATION
OF "THE C1TY OF CUPERTINO
CONRADI CT. ~
E ~
MON II]
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DRIVE II]
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PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO
ENTITLED
" U P LA NOW A Y 92- 04"
(SETHE)
APN 366-03-051
RAINBOW DR
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UPLAND
SI-r¿
VICINITY MAP
MARCH, 1992
REVISED 1-26-93
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TERMS AND CONDITIONS FOR ANNEXATION TO
CUPERTINO SANITARY DISTRICT
The annexation shall be subject to the following terms and
conditions:
(1) In the event that pursuant to rules, regulations or
ordinances of the District, as now or hereafter amended,
the District shall require any payment of a fixed or
determinable amount of money either as a lump sum or in
installments, for the acquisition, transfer, use or
right of use of all or any part of the existing
property, real or personal, of the District, such
payment will be made to the District in the manner and
at the time as provided by the rules, regulations or
ordinances of the District as now or hereafter amended.
(2) Upon and after the effective date of said annexation,
the Territory, all inhabitants within such Territory,
and all persons entitled to vote by reason of residing
or owning land within the Territory shall be subject to
the jurisdiction of the District, shall have the same
rights and duties as if the Territory had been a part of
the District upon its original formation, shall be
liable for the payment of principal, interest and any
other amounts which shall become due on account of any
outstanding or then authorized but thereafter issued
bonds, including revenue bonds, or other contracts or
obligations of the District and shall be subject to the
levying or fixing and collection of any and all taxes,
assessments, service charges, rentals or rates as may be
necessary to provide for such payment; and shall be
subject to all of the rates, rules, regulations and
ordinances of the District, as now or hereafter amended.
EXHIBIT "C"
.'.
EXHIBIT "D"
THESE PRELIMINARY ESTIMATES ARE BASED UPON CHARGES IMPOSED
PURSUANT TO DISTRICT ORDINANCES, RULES AND REGULATIONS IN
EFFECT AT THE DATE HEREOF AND ARE GOOD FOR SIXTY (60) DAYS
ONLY. EXCEPT FOR THIS SIXTY (60) DAY PERIOD, CHARGES ARE
SUBJECT TO CHANGE IN ACCORDANCE WITH CHANGES MADE BY THE
DISTRICT BOARD IN SUCH ORDINANCE RULES AND REGULATIONS AND
ACTUAL CHARGES WILL BE ESTABLISHED ON THE BASIS OF CHARGES
IN EFFECT AT THE TIME OF APPROVAL OF THE DEVELOPMENT BY THE
BOARD OF DIRECTORS OF THE CUPERTINO SANITARY DISTRICT.
DATED: MAY 6, 1993