CC Resolution No. 8126
"
, .
RESOWl'ION NO, 8126
A RESOIlJI'ION OF '!HE CITY c:xxJNCIL OF '!HE CITY OF ClJJ:'.ta<J.'.INO
MAKING DEI'ERMINATIONS AND APPROVING 'IHE REOR:;ANIZATION OF TERRI'roRY
DESIGNATED "UPIAND WAY 89-12", APPROXIMATELY 4,201 ACRES IDCATED
M 'IHE END OF UPIAND WAY SOUIH OF RA.DŒnl DRIVE
MILU:R (Am 366-03-050 - 11835 UPIAND WAY)
WHEREAS, a petition for the reorganization of certain territo:ry to the
City of QJpertino in the County of Santa Clara consisting of 4,201 acre at
the errl of Upland Way south of RainboW' Drive (Am 366-03-050) has been
filed. with the city of QJpertino; and
WHEREAS, on April 2, 1990, the City Council adopted Resolution No,
8081 initiatin;J proceedings for reorganization of the area designated
''Upland Way 89-12"; and
WHEREAS, said territo:ry is uninhabited and all owners of land included
in the proposal consent to this reorganization; and
WHEREAS, section 35150,5 of the California Govermnent Code states that
the IDeal 1\qerv::;y Formation C"rImmiRSion shall not have any authority to
review a reorganization to any City in Santa Clara County of
unincorporated territo:ry which is within the urban service area of the
city of the reorganization if initiated by resolution of the legislative
body and therefore the City Council of the city of QJpertino is now the
con:iuctin;J authority for said reorganization; and
WHEREAS, Govemment Code Section 56837 provides that if a petition for
reorganization is signed by all owners of land within the affected
territo:ry the City Council may approve or disapprove the reorganization
without public hearing; and
WHEREAS, evidence was presented to the City Council;
NCM, 'IHEREFORE, BE IT RESOLVED by the city Council of the City of
QJpertino as follows:
1. '!hat it is the con:iucting authority pursuant to section 35150,5 of the
Government Code for the reorganization of property designated ''Upland
Way 89-12," more particularly described in Exhibit "A";
-1-
RESOWl'ION NO, 8126
2, 'Ihat the following fimings are made by the City Council of the city
of CUpertino:
a, '!hat said territo:ry is uninhabited and cc:nrprises approxiJnately
4,201 acres,
b, '!hat the reorganization is consistent with the orderly annexation
of territo:ry within the city's urban service area and is
consistent with the City of policy annexin;J when provicl:iIxJ City
services,
c, '!be City Council has cœp1eted an initial study and has found
that the reorganization of said territo:ry has no significant
inq:>act on the environment, and previously approved the granting
of a Negative Declaration,
d, '!be City Council on September 21, 1981, enacted an ordinance
prezonirq the subject territo:ry to City of Olpertino RHS zone,
e, '!be reorganization consists of annexation to the City of
CUpertino and the CUpertino Sanita:ry District,
f, '!hat the territo:ry is within the City urban service area as
adopted by the I.ocalAgerq Formation Commission,
g, '!hat the annexation to the City of CUpertino is made subject to
no terms and corxütions¡ the annexation to the Olpertino Sanita:ry
District is made subject to the corxütions in Exhibit "C",
h, '!hat the county SUrveyor has determined the bourrlaries of the
proposed reorganization to be definite and certain, and in
cœpliance with the Commission's road annexation policies, '!be
City shall reiJnburse the county for actual costs incurred by the
County SUrveyor in makin;J this deterlIIination,
i. '!hat the proposed reorganization does not create is1aros or areas
in which it would be difficult to provide municipal services,
j , '!hat the proposed reorganization does not split line of
assessment of ownership,
k, '!hat the proposed reorganization is consistent with the City's
General Plan,
1. '!hat the City has complied with all conditions Ì1Tq:>OSed by the
cammission for inclusion of the territo:ry in the city's urban
service area,
RESOWrION NO, 8126
m, '!hat the territo:ry to be annexed is contiguous to existing city
limits under provisions of the Govermroent Code,
3, '!hat said reorganization is herlJy ordered without election pursuant to
section 35151 et seq, of the Govermroent Code,
4, '!hat the Clerk of the city council of the city of CUpertino is
directed to give notice of said reorganization as prescr:ilied by law,
PASSED AND ADOPl'ED at
City of CUpertino this
following vote:
Vote Members of the city Council
a regular meeting of the city council of the
7th day of May I 1990, by the
AYES: Goldman, Sorensen, Szabo, Rogers
NOES: None
ABSENT: Koppel
ABSTAIN: None
A'l'I'EST :
APPROVED:
/s/ Roberta A. Wolfe
Deputy City Clerk
/s/ Barbara A. Rogers
Mayor, city of CUpertino
-3-
,
UPIAND WAY 89-12
(MIUER)
All that certain real property situated in the County of santa Clara,
5tate of California more particularly described as follows:
All of Lot A as shown on that certain parcel map recorded in Book 492 of
Maps at Page 2, santa Clara County Records, more particularly described as
follows:
Beginnin::1 at the most northerly comer of said Parcel A, said comer lying
on the westerly sideline of Uplarxl Way, said comer also being the
southeast corner of that certain annexation to the City of Olpertino
entitled "&Ibb #2";
~ alOl'q said westerly boundary of Uplarxl Way through a curve to the
left with an initial 1:alY;¡ent bearing 5 7~4' 30" E, a radius of 430
feet, an central angle of 40 3D' 00", and an arc 1en;¡th of 30,39 feet to
a POint of 1:alY;¡ency:
'lhence 5030 31' 30" W 85,93 feet to a POint of 1:alY;¡ency;
'!hence alOl'q a 1:alY;¡ent curve to the left havirq a radius of 205 feet, with
an central angle of 370 12' 3D", and an arc len;¡th of 133,13 feet to the
north westerly corner of Parcel B as shown on said Parcel Map, said point
beirq a point of cusp;
'lhence 5 830 42'00" W 42,57 feet;
'lhence 5 270 14' 11" W 321,99 feet;
'lhence S 890 57' 00" W 282,31 feet to a point on said Annexation "&Jbb
#2" boundary ¡
'lhence N 030 16' 00" W 317,60 feet along said Annexation "&Jbb #2"
boundaIy¡
'lhence N 540 36' 00" E 315,50 feet alOl'q said Annexation "&Jbb #2"
boundaIy ,
. 'lhence N 800 45' 56" E 209,82 feet along said Annexation "Bubb #2"
boundary to the Point of Beginnirx],
Containin;r 4,201 Acres more or less
Am# 366-3-50
U[VU~D~T A"
LÞ\¡ru~~~
.
~
,
ZQ9,6%
0"5'56· E_----
. 1'1 1\ .. _-
UMITS OF INCORPORATION ~....:---
C/1Y OF CUPERTINO ~
ANNEXATION ENTITLED f;¡Ò ~~
"SUSS #2" ~,f;¡~~
~
. ~ ...-::
cP~
':J...4...-::"'-::
~...-::...-::
...-::
A... 4'3'0·
R .. 430.00'
I. .. 30,39'
S 03'31'30· W 65
A .. 37'2'30·
R 50 205.00'
I. .. 133,13'
42.57'
S 63'42'00· W
SCA1..E 1" .. 100'
p¡. E DR, .
~
a
a:
..
RO~... IJ¡
AI
PROPOSED ANNEXA 1l0N TO ll-fE
CITY OF CUPERTINO
EN1ll1.ED
"UPLAND WAY 89-12"
(MILLER)
APN 366-03-050
UEW. &.. R~D)'1 ¡i)" DECEMBER, 1989 /1
J\~lâ~! I 0 .;2/-7
~
a
a:
~
,.¡.
RIIINIIOIiI 11ft,
VlCIN/1Y MAP
EXHIBIT "c"
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,