CC Resolution No. 8237
RESOIIJTION NO. 8237
A RESOIlJTION OF THE CITY <XXJNCIL OF THE CITY OF aJJ:'.tatl'.l.ÑO
MAKING DEl'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRI'IORY
DESIGNATED ''UPIAND WAY 90-05", APPROXIMATELY 1. 28 ACRES
LOCATED ON THE EAST SIDE OF UPlAND WAY BEIWEEN RAINECM
DRIVE AND BUBB ROAD, NORMAN (Am 366-03-15)
WHEREAS, a petition for the annexation of certain territory to the
city of CUpertino in the COImty of Santa Clara consistin;J of 1.28 acres on
the east side of Uplarrl Way between Rainbow Drive arrl Bubb Road (Am
366-03-15) has been filed with the city of CUpertino; arrl
WHEREAS, on August 20, 1990, the city Council adopted Resolution No.
8213 initiatin;J proceedings for annexation of the area designated "Uplarrl
Way 90-05"; arrl
WHEREAS, said territory is uninhabited arrl all owners of larrl
included in the proposal consent to this annexation; arrl
WHEREAS, Section 35150.5 of the Califo:rnia Government Code states that
the local Agency Formation Commission shall not have arr;¡ authority to
review an annexation to arr;¡ City in santa Clara County of unincorporated
territory which is within the uman service area of the city of the
annexation if initiated by resolution of the legislative body arrl
therefore the city Council of the City of CUpertino is now the conductin;J
authority for said annexation; arrl
WHEREAS, Government Code section 56837 provides that if a petition is
signed by all owners of larrl within the affected territory the city
Council may approve or disapprove the annexation without public hearing;
arrl
WHEREAS, evidence was presented to the City Council;
NCM, 'IHEREFORE, BE IT RESOLVED by the city Council of the City of
CUpertino as follows:
1. '!hat it is the conductin;J authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated ''Uplarrl Way
90-05", more particularly described in Exhibit "A";
RESOillI'ION NO. 8237
m. That the territo:r.y to be annexed is contiguous to existin;J City
limits under provisions of the Govermnent Code.
3. '!hat said annexation is heJ:by ordered without election pursuant to
section 35151 et seq. of the Government Code.
4. '!hat 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 AOOPI'ED at a regular meetin;J of the city Council of the
city of CUpertino this l7th day of September, 1990, by the following
vote.
vote Members of the citv Council
AYES: Goldman, Koppel, Sorensen, Rogers
NOES: None
ABSENT: Szabo
ABSTAIN: Rogers
ATrFST: APPROVED:
IQI Rnhpr~~ A. Wolfe
City Clerk , Deputy
Isl Barbara A. Rogers
Mayor, City of CUpertino
RESOIIJTION NO. 8237
2. That the followin;J finiings are made by the City Council of the City
of CUpertino:
a. '!hat said territory is 1.1IÚ.nhabited arrl comprises approxbnately
1.28 acre.
b. '!hat the annexation is consistent with the orderly annexation of
territory with the City's urban service area arrl is consistent
with he city policy annexin;J when providin;J City services.
c. The City Council has completed an initial study arrl has fourrl
that the annexation of said territory has no significant ~ct
on the envirornnent, arrl previously approved the grantin;J of a
Negative Declaration.
d. '!he city council on September 8, 1981, enacted an ordinance
prezon1n;J the subject territory to City of CUpertino :RES zone.
e. Annexation to the City of CUpertino will affect no changes in
special districts.
f. '!hat the territory is within the city urban service area as
adopted by the Local Agency Formation Canunission.
g. That the annexation is made subject to no ten"ns arrl conditions.
h. '!hat the County Smveyor has determined the boundaries of the
ptoposed annexation to be definite arrl certain, arrl in compliance
with the Canunission's road annexation policies. Thee City shall
re.i111burse the county for actual oosts incurred by the County
Smveyor in mak:iIr::J this determination
i. '!hat the proposed annexation does not create islands or areas in
Mlich it would be difficult to provide municipal services.
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.
1. That the city has complied with all conditions iJTp:>sed by the
commission for inclusion of the territory in the City's urban
service area.
,
UPIAND WAY 90-05
(NORMAN)
All that certain real property situate in the County of santa Clara, state
of California, lIPre particularly described as follows:
All of Lot 9, arrl a portion of Uplarrl way, as shown on that certain parcel
map recorded in Book 492 of Maps at Page 2, santa Clara County Records,
lIPre particularly described as follows:
Beginning at the lIPSt northerly corner of said Lot 9, said corner also
ly~ on the easterly sideline of Uplard Way:
'Ihence S 410 52'E 225.26 feet to a point bein;J the lIPSt easterly corner
of said Lot 9;
'Ihence S 33005' W 172.32 feet to a point of cusp;
'!hence alon;J a curve to the right havin;J a radius of 40.00 feet, with an
central angle of 143000'; arxi an arc lerqth of 99.84 feet to a point of
tangency ;
'!hence alon;J a tangent curve to the right havin;J a radius of 205.00 feet,
with an central angle of 55013' 30" , arxi an arc lerqth of 197.59 feet
alon;J a portion of that certain annexation to the City of CUpertino
entitled "UPIAND 89-12" to a point of tangency;
'!hence N 30 31'30"E, 85.93 feet alon;J said annexation "UPIAND 89-12" to
a point of tangency;
'Ihence alorq a tangent cur\(e to the right havin;J a radius of 430.00 feet,
with an central angle of 15034', arrl an arc lerqth of 104.10 feet to a
point of cusp;
'Ihence S700 44' 55" E, 60.00 feet to the point of beginning.
Contai.r1i.n;J 1.28 acres, more or less.
APN 366-03-15
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PROPOSED ANNEXATION
TO THE
CITY OF CUPERTINO
ENTITLED
UPLAND WAY 90-05
MAR 1990 SCALE ¡--·IOO·
(NORMAN)