CC Resolution No. 7960
RESOIlJ'I'ION NO. 7960
A RESOIlJ'I'ION OF '!HE CITY axJNCIL OF '!HE CITY OF aJPERl'INO
MAKING DE:1'ERMINATIONS AND APæOVmG '!HE ANNEXATION OF TERRl'IDRY
DESIGNATED "MCCIEUAN ROAD 89-10", APPƻaMATE:IH 0.278 ACRE IDCATED
ON THE NORIH SIDE OF MmTF.T:r 1,N ROAD I>œ MIRA VISTA
HOXSIE (Am 357-05-002 - 22337 MmTF.T:r1,N ROAD)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara consisting of 0.278 acre on
the north side of McClellan Road at Mira vista (Am 357-05-002) has been
filed with the city of CUpertino; and
WHEREAS, on october 2, 1989, the city Council adopted Resolution No.
7946 initiating proceedings for annexation of the area designated
"McClellan Road 89-10"; 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 GoverrmIent Code states that
the Local Þqency Formation CaImnission shall not have any authority to
review an annexation to any 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 and
therefore the city council of the city of CUpertino is now the con:iucting
authority for said annexation; and
WHEREAS, GoverrmIent 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 p.1blic
hearing; and
WHEREAS, evidence was presented to the City Council;
NaV, 'IHEREFORE, BE IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. That it is the conducting authority pursuant to section 35150.5 of the
Government Code for the annexation of property designated "McClellan
Road 89-10," more particularly described in Exhibit "A";
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:RFSOIlJ'I'ION NO. 7960
2. '!hat the following firñings are made by the city Council of the city
of CUpertino:
a. That said territory is uninhabited and comprises approximately
0.278 acre.
b. That the annexation is consistent with the orderly annexation of
territory with the city's w:ban service area and is consistent
with the City policy annexing when providing City services.
c. '!he City Council has campleted an initial study and has found
that the annexation of said territory has no significant inpact
on the enviromnent, and previously approved the granting of a
Negative Declaration.
d. '!he City Council on June 16, 1975, enacted an œ::àinance prezoning
the subject territory to city of CUpertino Rl-10 zone.
e. Annexation to the city of CUpertino will affect no changes in
special districts.
f. '!hat the territory is within the city w:ban service area as
adopted by the Local l\qency Formation Canuuission.
g. '!hat the annexation is made subject to no terms and corxlitions.
h. '!hat the County surveyor has determined the boun:'Jaries of the
proposed annexation to be definite and certain, and in compliance
with the Canuuission's road annexation policies. '!he city shall
reiInburse the County for actual costs incurred by the County
Surveyor in making this determination.
i. That the proposed annexation does not create islands or areas in
which it would be difficult to provide IIIL1I1Ìcipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. '!hat the proposed annexation is consistent with the City's
General Plan.
1. That the city has complied with all corxlitions :iJI1posed by the
cammission for inclusion of the territory in the City's w:ban
service area.
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:RFSOIlJ'I'ION NO. 7960
m. '!hat the territory to be annexed is amtiguous to existing City
limits \JIXler provisions of the Government Code.
3. '!hat said armexation is hertJy ordered without election pursuant to
section 35151 at seq. of the Government 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 AOOPI'ED at a regular meeting of the City Council of the
City of CUpertino this -Íltl1 day of NnvpmnPT , 1989, by the
following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATrFST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of CUpertino
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Me I"TF.fJ1,N ROAD 89-10
(HOXSIE)
All that certain real property situate in the County of Santa Clara, state
of California, more particularly described as follows:
All of Lots 73-A ard 81, as shown on that certain map entitled" Map of
Las Palmas Manta vista ",which was filed for record on April 17,1917 in
V01UlOO P of Maps Page 17, in the Office of the Recorder, County of Santa
Clara state of California, more particularly described as follows:
Beginning at the southwest =mer of Lot 73-A, shown on that certain map
entitled " Map of Las Palmas Menta Vista ";
'Ihence N 17°11'26" E 43.68 feet alon;J the westerly boIJnjary line of said
lots 73-A an:i 81, said line also being an easterly boIJnjary line of that
certain annexation to the city of CUpertino by Resolution No.4733
entitled "McClellan 78-7 ";
'Ihence S 89°53'E 173.18 feet, alon;J the northerly boIJnjary line of lot 81
said line being alon;J the southerly boIJnjary of those certain annexations
to the city of CUpertino by Resolution No.4185 entitled" stevenson 76-1"
and by Resolution No.3729 entitled " Brady 74-5 " ;
'!hence S 0007'W 65.29 feet, alon:J the easterly boIJnjary line of Lot 81 as
shown on said Map of Las palmas , Menta Vista; said line also being alon:J
the westerly boIJnjary of said annexation " Brady 74-5 " ;
'Ihence alon;J a curve to the right having a radius of 15.00 feet for an arc
len;¡th of 25.12 feet, through a central an:Jle of 95° 56' 10" to a point
on the northerly right-of-way of McClellan Road; said point also beirg
alon;J the southerly boIJnjary line of Lot 74-A as shown on said Map of Las
Palmas, Manta Vista;
'Ihence N 83° 53' 50" W 74.57 feet
'Ihence N 72°W 100.12 feet to the POINr OF BE:;INNING.
Containing: 0.278 Acres, more or less
12,119.046 square feet more or less
APN 357-05-002
89,291
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