CC Resolution No. 7485
RESOWI'ION NO. 7485
A RESOWI'ION OF 'IHE CITY CXXJNCIL OF 'IHE CITY OF aJPERI'INO
ORDERING ANNEXATION OF AREA DESIGNATED AS ''RAINB:M 88-01"
WHEREAS, on April 4, 1988 the city Council adopted Resolution No. 7446
initiat:lrq proceedings an:i settirq the time an:i place for public hearing
for consideration of annexation of the area designated "Ra:ÎI1boW 88-01;"
an:i
WHEREAS, said territory is lII'linhabited an:i the written consent to
annexation was obtained from the property owner; an:i
WHEREAS, Section 35150.5 of the California Government Code states that
the Local 1\qency Formation Camnission shall not have any authority to
review an annexation to any city in Santa Clara County of 1.mincorporated
territory which is within the w:ban service area of the city of the
annexation if initiated by :resolution of the legislative body an:i
therefore the City Council of the City of CUpertino is l1CM the conducting
authority for said annexation; an:i
WHEREAS, the property owners of the said territory were notified of
the hearirq an:i no written protest against the annexation was filed with
the City Clerk at any time prior to the city Council's hearirq on the
proposed annexation; an:i
WHEREAS, a duly noticed public hearirq was held before the city
Council òf the city of CUpertino on Momay, May 2, 1988 at 6:45 p.m. in
the Council Chamber, City Hall, 10300 Torre Avenue, CUpertino, California;
an:i
WHEREAS, evidence was presented to the City Council;
Nai, THEREFORE, BE IT RESOLVED by the City Council of the city of
CUpertino as follows:
1. That it is the conductirq authority pursuant to section 35150.5 of the
Government Code for the annexation of property designated "Ra:ÎI1boW
88-01," more particularly des=ibed in Exhibit "A";
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RESOWI'ICN NO. 7485
2. 'Ihat the followirq fin:lin;Js are made by the City Council of the City
of CUpertino:
a. 'Ihat said territory is 1.1I1inhabited an:i oœprises O.76± acre.
b. 'Ihat the annexation is consistent with the orderly annexation of
territory with the City's w:ban service area an:i is consistent
with the City policy ~ when providirq City services.
c. '!he City Council has cc:mpleted an initiated study an:i has found
that the annexation of said territory has no significant i1I1pact
on the environment, an:i previously ~ the grantirq of a
Negative Declaration.
d. '!he city Council on September 21, 1981 enacted an ordinance
prezOl'1in:J the subject territory to city of CUpertino Rl-6 zone.
e. Annexation to the city of CUpertino will affect no chan;¡es in
special districts.
f. 'Ihat the territory is within the City w:ban service area as
adopted by the Local 1\qercy Formation Cœunission.
g. 'Ihat the annexation is made subject to no terms an:i con:litions.
h. 'Ihat the County SUrveyor has determi11ed the boundaries of the
pIopo.;ed annexation to be definite an:i certain, an:i in cc:mpliance
with the Canunission's :road annexation policies. '!he city shall
reimburse the County for actual costs incurred by the County
SUrveyor in maJd.n;J this determination.
i. 'Ihat the proposed annexation does not create islaOOs or areas in
which it WO\Ùd be difficult to provide IID.UÙcipal services.
j . 'Ihat the proposej annexation does not split line of assessment of
ownership.
k. 'Ihat the proposed annexation is consistent with the city's
General Plan.
1. 'Ihat the City has cc:mplied with all con:litions inposed by the
camnission for inclusion of the territory in the city's w:ban
service area.
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RESOWI'ION NO. 7485
m. 'That the territozy to be annexed is contiguoos to existirq City
limits under provisions of the Govel.lllllel.t Code.
3. 'That said annexation is herlJy ordered without election pursuant to
section 35151 et seq. of the Government Code.
4. 'That the Clerk of the City eooncil of the city of CUpertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND ADOPl'ED at a regular III!!E!tin:J of the city Council of the
city of CUpertino this 16th day of May, 1988 by the followin;J vote:
Vote Members of the City Council
AYES: Johnson, Keppel, Plun;¡y, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
A'ITEST:
APPK)VEI):
/s/ Dorothy Cornelius
City Clerk
/s/ John M. Gatto
Mayor, City of CUpertino
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RAlNBOR DRIVE 88-01
(SUNG)
All that certain real property situate in the County of Santa Clara,
State of California, more particularly described as follows:
Beginning at the southeast corner of that certain 0.463 parcel as shown
on that certain Record of Survey filed for record in Santa Clara County
in Book 74 of ~aps, at Page 54, said point being at the intersection of
the easterly boundary that certain annexation to the City of Cupertino
entitled "Rainbow 85-04" and a northerly boundary of the San Jose/cuper-
tino Municipal Reorganization effective July 1, 1979.
Thence N 89053'00" E, 170.00 feet along the easterly prolongation of
the southerly boundary of said 0.463 acre parcel, said boundary cOllllllon
to said San Jose/Cupertino Municipal Reorganization to the centerJine
of Stelling Road;
2'nence North, 195.00 feet along the centerline of Stelling Road and said
San Jose/Cuperrino Municipal Reorganization boundary;
Thence South 89053'00" W, 170.00 feet along the northerly sideline of
Rainbow Drive (formerly Bubb Road) and its easterly prolongation to a
point on the boundary of that certain annexation to the City of Cupertino
enc.irled "Rainbow Dr. 85-04";
Thence South, 195.00 feet along the easterly boundary of said 0.463 acre
parcel, said course being along said annexation "Rainbow Dr. 85-04" to
the Point of Beginning.
Containing: 0.76 acres more or less
APN: 366-26-25, 26
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