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CC Resolution No. 8863 RESOLUTION NO. 8863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "UPLAND WAY 92-04", PROPERTY LOCATED AT THE END OF UPLAND WAY BETWEEN RAINBOW DRIVE AND BUBB ROAD; APPROXIMATELY 2.278 ACRES, SETHE (APN 366-03-051) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Upland Way 92-04" rrom property owners, Harland and Ruth Sethe; and WHEREAS, the property, 2.278± acres at the end of Upland Way between Rainbow Drive and ßubb Road (APN 366-03-051) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on September 8, 1981, to City of Cupertino RHS zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "ß") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCQ's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; and Resolution No. 8863 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; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Upland Way 92-04" at their regular meeting of May 17, 1993. PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of Cupertino this 19th day of April , 1993 by the following vote: Vote Members of the .Q!x 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 2 EXHIBIT A ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "UPLAND WAY 92-04" DATE: KARCH 1992 Consisting of Parcel B as shown on that certain parcel map recorded in Book 492 of Haps 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 Way 90-05" as adopted by the City of Cupertino resolution 18237 and also lying on the Westerly boundary of Upland Way, sixty feet wide: thence along said limits of incorporation and said Westerly boundary of Upland Way through a curve to the left with an initial tangent of S33°41'00"E, a radius of 205.00 feet, an internal angle of 18°01'00", 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 83.78 feet to a point of cusp at the most Northeasterly corner of said Parcel B; thence leaving said limits of incorporation and said Westerly boundary of Upland Way and along the Northeasterly boundary of said Parcel B S51°42'00"E 283.10 feet to the Easterly boundary of said Parcel B; thence along said Easterly boundary S17°44'OO"W 98.25 feet to the Southerly boundary of said Parcel B; thence along said Southerly boundary S89°57'00"W 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 Way 89-12" as adopted by the City of Cupertino resolution 18126; thence along said limits of incorporation and the Westerly line of said Parcel B N27°14'1l"E 321.99 feet to an iron pipe; thence N83042'00"E 42.57 feet to the POINT OF BEGINNING. Containing 99,230 square feet (2.278 acres) more or less and lying within Santa Clara County, California. APN: 366-03-051 Revised 1-26-93 by KEN EXHIBIT " B" ~ ~ N 83'42"00- 42.57' ¡:aþ5~~ ~~E~~~8~ RES. 1J8237 t:. = 18"01'00" R = 205.00" L = 64.46' t:. = 120"00'00" R = 40.00' L = 83.78' SCALE: 1-=100' ,f;XISTlNG ANNEXATION UPLAND WAY 89-12- RES. /#8126 UMITS OF IN CORPORA TION OF 1HE ctlY OF CUPERTINO UIAITS OF INCORPORATION OF 1HE CllY OF CUPERTINO .S' $7, ' «- 00... ~ <<9.) "0_ I4.J N 89'57'00' E 489.89 LEGEND: --- BOUNDARY UNE OF PROPOSED ANNEXATION BOUNDARY UNE OF EXISTING ANNEXTA TlON AND UMITS OF INCORPORATION OF 1HE CllY OF CUPERTINO ~ CONRADI CT. ~ '" E ~ ~ MON (II !:! g:: ~ (II >- RAINBOW DR >- ~ PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED " UPLAND WAY 92-04" (SETHE) APN 366-03-051 MA~E~~o' 1J6~9~ 2 VICINITY MAP