CC Resolution No. 7638
RESOIDl'ION NO. 7638
A RESOIDl'ION OF '!HE CI'lY CXXJNCIL OF '!HE CI'lY OF aJPERI'INO
MAKING DEl'ERMINATIONS AND APPROVING '!HE ANNEXATION OF TERRI'roRY
DESIGNATED AS "STELLING ROAD 88-05;" APPROXIMATELY 0.979 ACRE
IDC'ATED ON '!HE WEST SIDE OF ~ ROAD
BElWEEN OROGRANDE PIACE AND CARRIAGE CIRCLE,
HIRANO (APN 359-6-58)
WHEREAS, a petition for the annexation of certain territo:r:y to the
City of CUpertino in the County of Santa Clara consistin:J of 0.979 acre on
the west side of Stelling Road between Orogran:le Place and carriage Circle
(APN 359-6-58) has been filed with the City of CUpertino; and
WHEREAS, on Sepbnber 19, 1988, the City Council adopted Resolution No.
7623 initiating proceedi.n;¡s for annexation of the area designated
"Stelling Road 88-05;" 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 Goverrnnent Code states that
the IDeal Agerv:;y FODnation Ccmnnission shall not have MrI authority to
review an annexation to MrI City in Santa Clara County of unincorporated
territo:r:y which is within the uman service area of the city of the
armexation if initiated by resolution of the legislative body and
therefore the city council of the City of CUpertino is now the =n:lucting
authority for said annexation; and
WHEREAS, Govermnent Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territo:r:y
the city Council may approve or disapprove the annexation without public
hearing; and
WHEREAS, evidence was presented to the city Council;
Na'l, 'I'HEREFORt;, BE rr RESOLVED by the City COUncil of the City of
CUpertino as follows:
1. '!hat it is the =n:lucting authority pursuant to section 35150.5 of the
Government Code for the annexation of property designated "Stelling
Road 88-05," m:>re particularly described in Exhibit "A";
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RESOIDl'ION NO. 7638
2. '!hat the following f~ are made by the City Council of the City
of CUpertino:
a. '!hat said territory is uninhabited and ccmprises approxbnately
0.979 acre.
b. '!hat 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 ccmpleted an initial study and has foun:i
that the annexation of said territozy has no significant lirpact
on the env.iromnent, and previously approved the granting of a
Negative Declaration.
d. '!he City Council on September 15, 1980, enacted an ordinance
prezoning the subject territozy to City of CUpertino Rl-6 zone.
e. Armexation to the City of CUpertino will affect no ch.an;¡'es in
special districts.
f. That the territozy is within the City w:ban service area as
adopted by the Local 1\qency Formation Canmission.
g. That the annexation is made subject to no teJ:ms and conditions.
h. '!hat the County SUrveyor has determined the bourrlaries of the
proposed annexation to be definite and certain, and in ccmpliance
with the Camnission's road annexation policies. '!he City shall
re:ilnburse the County for actual costs incurred by the County
SUrveyor in making this c1etennination.
i. '!hat the prcp:>sed annexation does not create islands or areas in
which it \\IOUld be difficult to provide numicipal services.
j . '!hat the prqxJSed annexation does not split line of assessment of
ownership.
k. '!hat the p.L~ annexation is consistent with the City's
General Plan.
1. '!hat the City has ccmplied with all conditions :i1tqJosed by the
aammission for inclusion of the territozy in the City's w:ban
service area.
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RESOIDl'ION NO. 7638
m. '!hat the territory to be annexed is contiguous to existing City
limits unjer provisions of the Govemment Code.
3. '!hat said annexation is heJ±Iy ordered withoot election pursuant to
section 35151 at seq. of the Govemment 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 3lst day of October , 1988 by the following
vote:
vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATI'EST: APPROVED:
City Clerk
Mayor, City of CUpertino
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STELLING RD. 88-05
(HIRANO)
All that certain real property situated in the County of Santa Clara, State of
California, more particularly described as follows:
Beginning at the Northeast corner of that certain parcel of land as shown upon
the Record of Survey, which Map was recorded in Book 131 of Maps, at page 24,
Santa Clara County Records, said point of beginning being 20 feet westerly of
the Centerline of Stelling Road, as shoWn upon said Map; said corner being
common to the boundaries of Cupertino City limits as established by the
July 1, 1979 San Jose - Cupertino Municipal Reorganization, and that certain
annexation "Stelling Rd. 'D' 80-45".
Thence from said Point of Beginning along a line common to said annexation
"Stelling Rd. 'D' 80-45" and the easterly line of said parcel of land
S.0."02'50" W. 177.87 feet;
Thence S. 59"27'04" W. 15.73 feet along the Southeasterly line of said Parcel
of land;
Thence along a tangent curve to the left having a radius of 232.50 feet with
a central angle of 12"05'58" for an arc length 49.10 feet to a point of
reverse curvature, said curve being along the Southeasterly line of said
Parcel of land;
Thence along the tangent to the right with a radius of 25.00 feet, a central
angle of 85"34'43" for an arc length of 37.34 feet;
Thence N. 47"04'11" W. 315.71 feet along the Southwesterly line of said
parcel of land;
Thence along a line common to said San Jose-Cupertino Municipal Reorganization
and the Northerly line of said parcel S. 89"59'38" E. 318.16 feet to the
Point of Beginning.
Containing 0.979 acres more or less
A.P.N. 359-6-58.