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CC Resolution No. 7508 RFSOIlJI'ICN NO. 7508 A RFSOIlJI'ICN OF '!HE CITY CXXJNCIL OF '!HE CITY OF CXJPERI'INO MAKING DEl'ERMINATICNS AND APPR:>VING 'IHE ANNEXATION OF TERRI'rORY DESIGNATED AS "MANITA CXXJRI' 88-02;" APP.ROXIMATELY 0.56 ACRE LOCATED CN 'IHE NOR1H SIDE OF RAINB:M œIVE BE:IWEEN MANITA CXXJRI' AND S'l'EI.LIm R:>AD, JEFFREY WYATr/BRUCE BCmN (Am 362-23-38) WHEREAS, a petition for the annexation of certain territo:ty to the City of CUpertino in the County of Santa Clara consisting of 0.56 acre on the north side of Rainbow Drive between Manita Court and stelling Road (Am 362-23-38) has been filed with the city of CUpertino; and WHEREAS, on May 2, 1988, the City Council adopted Resolution No. 7476 initiating proceedings for annexation of the area designated "Manita Court 88-02;" and WHEREAS, said territo:ty is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, section 35150.5 of the California Government Code states that the IDeal lIqency Fonnation Commission shall not have arr;¡ authority to review an annexation to arr;¡ City in Santa Clara County of unincorporated territo:ty which is within the UJ:ban 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 corrlucting 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 territo:ty the City Council may awrove or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the city Council; NCM, 'nlEREFORE, BE IT RFSOLVED by the City Council of the city of CUpertino as follows: 1. '!hat it is the con:iuctin:J authority pursuant to section 35150.5 of the Government Code for the annexation of property designated ''Manita Court 88-02," more particularly described in Exhibit "A"; -1- RFSOIlJI'ICN NO. 7508 2. '!hat the following fin:iings are made by the City Council of the City of CUpertino: a. '!hat said territory is w1inhabited and comprises approximately 0.56 acre. b. '!hat the annexation is consistent with the orderly annexation of territory with the City's uroan service area and is consistent with the City policy annexing when providing City services. c. '!he City Council has oaI1pleted an initial study and has found that the annexation of said territory has no significant :iJI1pact on the environment, and previously approved the granting of a Negative Declaration. d. '!he City Council on September 2l, 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 c:han;es in special districts. f. '!hat the territory is within the City uroan service area as adopted by the IDeal Agency Formation Camnission. g. '!hat the annexation is made subject to no tams and conditions. h. '!hat the County SUrveyor has deteJ:mined the boI.uDaries of the proposed annexation to be definite and certain, and in oaI1pliance with the Caml\ission's road annexation policies. '!he City shall rebnburse the County for actual costs incurred by the County SUrveyor in making this determination. i. '!hat the proposed annexation does not create islands or areas in which it would be difficult to provide IlØJIÚcipal services. j . '!hat the proposed annexation does not split line of assessment of CMnership. k. '!hat the proposed annexation is consistent with the City's General Plan. 1. '!hat the City has c:x::mplied with all conditions in'posed by the oammission for inclusion of the territory in the city's uroan service area. -2- RFSOIlJI'ICN NO. 7508 m. ntat the territory to be annexed is contiguous to existing city limits \.Il'X3er provisions of the Govermnent Code. 3. ntat said annexation is hemy ordered without election ¡:m-suant to section 35151 et seq. of the Government Code. 4. ntat 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 city of CUpertino this 6th following vote: Vote Members of the City Council regular meeting of the city Council of the day of June 1988 by the AYES: Koppel, Plungy, Rogers, Gatto NOES: None ABSENT: Johnson AæTAm: None ATrEST: APPROVED: /s/ Roberta A. Wolfe Deputy City Clerk /s/ John M. Gatto Mayor, City of CUpertino -3- . , "MANITA CT. 88-02" (JBK VENTURE) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS,FOLLOWS: COUNTY BEGINNING AT THE NORHTEASTERLY CORNER OF LOT 1 AS SHOWN ON THAT CERTAIN MAP ENTITLEO "TRACT NO. 6511 - MANITA PARK" RECOROEO IN BOOK 442 OF MA~S AT PAGE 35, SANTA CLARA COUNTY RECORDS ANO ALONG THE BOUNDARY OF T:I:'T CERTAH! REORGANIZATION OF THE CITY OF CUPERTINO ENTITLED SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION EFFECTIVE JULY I, 1979; THENCE FROM SAID POINT OF BEGINNING NORTH 89 41'07" EAST ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY BOUNDARY OF SAID TRACT NO. 6511 AND ALONG SAID SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION, A DISTANCE OF 75.00 FEET; THENCE LEAVING SAID EASTERLY PROLONGED LINE AND SAID SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION BOUNDARY, SOUTH 0 01'20" WEST ALONG A LINE PARALLEL WITH AND DISTANT THEREœl 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY BOUNDARY OF SAID TRACT NO. 6511 AND THE EASTERLY RIGHT-OF-WAY LINE OF MANIT A COURT, AS SHOWN ON SAID MAP OF TRACT NO. 6511, AND THE BOUNDARY OF SAID SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION, A DISTANCE OF 324.30 FEET TO THE NORTHERLY BOUNDARY OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO BY RESOLUTION NO 6728 ENTITLED "RAINBOW DRIVE-85-04"; THENCE SOUTH 89 53'00" WEST ALONG SAID NORTHERLY BOUNDARY OF THE "RAINBOW DRIVE-85-04" ANNEXATION, A DISTANCE OF 75.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID MANITA COURT AND THE BOUNDARY OF SAID SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION; THENCE NORTH 0 01'20" EAST ALONG SAID RIGHT-OF-WAY LINE, AND ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF TRACT NO. 6511, AS SHOWN ON SAID MAP FIRST ABOVEMENTIONED, AND ALONG THE BOUNDARY OF SAID REORGANIZATION, A DISTANCE OF 324.04 FEET TO THE POINT OF BEGINNING; CONTAINING 0.56 ACRE OF LAND MORE OF LESS; ~ APN. 362-23-038 , . ~ ,." _. 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