CC Resolution No. 8623
RESOIDTIW ID. 8623
A RESOIDTIW OF THE CITY <XXJNCIL OF THE CITY OF CUPERTIID
MAKIl(; DE'lERMINATIŒS AND ~ THE ANNEXATIW OF 'lERRI'lœY
DESIGNA'lED "S'lELLIN; 91-3", APPROXIMA'lELY 0.475 ACRE IDCA'lED
W THE WEST SIDE OF S'lELLIN; ROAD BE'lWEEN RAINOCM !RIVE
AND SQUIREHILL axJRl'; HAIDER (APN 362-23-036)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara ronsisting of 0.475 acre on
the west side of Stelling Road between Rainbow Drive and Squirehill Court
(APN 362-23-036) has been filed with Kamran and Shaherbano HéliriAr; and
WHEREAS, on March 16, 1992, the City Council adopted Resolution No.
8610 initiating proceedings for annexation of the area designated
"Stelling 91-3"; and
WHEREAS, said territory is uninhabited and all owners of land included
in the proposal oonsent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that
the Local Agency Fonnation Cannission shall not have any authority to
review an annexation to any City in Santa Clara County of uninoorporated
territory which is within the w:ban service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the City oouncil of the City of CUpertino is now the oonducting
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 diBaWrove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
NCM, 'nIEREFURE, BE IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. That it is the cxmducting authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Stelling
91-3," m.:>re particularly described in Exhibit "A";
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RESOIlJ'l'IW ID. 8623
2. That the following findings are made by the City Council of the City
of CUpertino:
a. That said territory is uninhabited and cx:cIprises awraxlmately
0.475 acre.
b. That the annexation is ronsistent with the orderly annexation of
territory with the City's w:ban service area and is ronsistent
with the City policy annexing when providing City services.
c. The City Council has cx:cIpleted an initial study and has found
that the annexation of said territory has no significant i11pact
on the envirornænt, and previously awroved the granting of a
Negative Declaration.
d. The City Council on SeptaIDer 8, 1981, enacted an ordinance
prezoning the subject territory to City of CUpertino Rl-6 zone.
e. Annexation to the City of CUpertino will affect no changes in
special districts.
f. That the territory is within the City w:ban service area as
adopted by the IDeal Agency Fonnation Cannission.
g. That the annexation is made subject to no tenns and oonditions.
h. That the County SUrveyor has detennined the boundaries of the
proposed annexation to be definite and certain, and in cx:cIpliance
with the Cannission's road annexation policies. The City shall
re.i.nburse the County for actual oosts incurred by the County
SUrveyor in making this detennination.
i. That the proposed annexation does not create islands or areas in
which it would be difficult to provide mmicipal services.
j . That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is ronsistent with the City's
General Plan.
1. That the City has cx:cIplied with all oonditions mposed by the
c:xmnission for inclusion of the territory in the City's w:ban
service area.
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RESOIIJTIW ID. 8623
m. That the territory to be armexed is cxmtiguous to existing City
limits under provisions of the Govermnent Code.
3. That said armexation is herby ordered without election pursuant to
Section 35151 et seq. of the Govermnent Code.
4. That the Clerk of the City Council of the City of CUpertino is
directed to give notice of said armexation as prescribed by law.
PASSED AND A1U"11!aJ at a regular neeting of the City Council of the
City of CUpertino this 6th day of April, 1992, by the following vote:
vote M3ò:Jers of the Citv Council
AYES: Dean, Goldman, Ko¡:çel, Szabo, Mayor Sorensen
N:lES: None
ABSENT: None
ABSTAIN: None
ATI'EST:
APPRO\IED:
Isl ]);)rothv Cornelius
City Clerk
Isl Lauralee Sorensen
Mayor, City of CUpertino
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"EXHIBIT A"
Annexation to the city of cupertino
Entitled stelling 91-3
Revised: March 4, 1992
All that certain real property situated in the Unincorporated Area,
county of Santa Clara, State of California, described as follows:
Beginning at the intersection on the Westerly line of stelling Road
and the Northerly line of Rainbow Drive being the Northerly
boundary line of that certain annexation to the City of Cupertino
by resolution n? 7485 entitled "Rainbow Drive 88-01";
Thence from said Point of Beginning along said line of stelling
Road, N O· 01' 20" E, 90.00 feet; thence leaving said line of
Stelling Road and running parallel with said line of Rainbow Drive
to the Easterly boundary of that certain annexation, to the city of
cupertino entitled "Manita ct. 88-02" by resolution no. 7508, S 89·
53' 00" W, 175.00 feet;
Thence parallel with said line of stelling Road being an Easterly
boundary of the said annexation to the City of Cupertino entitled
"Manita ct. 88-02" by resolution no. 7508, N O· 01' 20" E, 80.00
feet;
Thence N 89· 53' 00" E, 175.00 feet to the Westerly line of
stelling Road; thence along said line N O· 01' 20" E, 165.18 feet
to the southerly boundary line of that certain annexation to the
city of cupertino entitled "San Jose/cupertino Municipal
Reorganization" (formerly "Stelling 14-A" to the city of San Jose);
thence along said boundary line N 89· 41' 07" E, 20.00 feet to the
westerly boundary line of that certain annexation to the city of
cupertino entitled "stelling 80-44" also being the centerline of
stelling Road;
The~ce running along said centerline and westerly boundary line of
said annexation entitled "stelling 80-44" and that certain
annexation entitled "San Jose/cupertino Municipal
Reorganization" (formerly "Madera no. 18" to the City of San Jose);
S O· 01' 20" W, 335.21 feet to the Northeast corner of said
annexation entitled "Rainbow Drive 88-01" by resolution no. 7485;
Thence running along the said annexation S 89· 53' 00" W, 20.00
feet to the Point of Beginning and being a portion of the Southeast
1/4 of section 23 in Township 7 South Range 2 West, Mount Diablo
Base Meridian.
Containing: 20,704 square feet, more or less
0.475 acres, more or less
APN: 362-23-036
ANNEXATION
RAINBOW DRIVE 85-04
, (RES. 6728)
,
ANNEXA TION
RAINBOW DRIVE 88-0
(RES. 7485)
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ANNEXA TION
STElLING 1+-A CITY OF SAN
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LEGEND
PROPOSED ANNEXATION
- - EXISTING ANNEXATION
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...... ANNEXATION
~ SAN JOSE/CUPERTINO
~ MUNICIPAL REORGANIZATION
¡;.:¡ I< CITY OF SAN JOSE
MADERA NO. 18
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EXHIB IT B
PROPOSED ANNEXATION
. TO THE CITY OF CUPERTINO
ENTITLED STELLING 91-3
DATE: DEC. '991 SCALE: '''-60'
BY: BACUS, H. REVISED: 2-26-92
CITY OF CUPERTINO
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LOCATION MAP