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CC Resolution No. 7320 RESOIlJTION NO. 7320 A RESOIlJI'ION OF THE CI'lY CXJUNCIL OF THE CI'lY OF C1JPERI'INO MAKING DEl'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRI'IORY DESIGNATED AS "UPIAND WAY 87-03;" APPROXIMATEUi 0.50 ACRE lOCATED ON THE WEST SIDE OF UPIAND WAY SOUIH OF RAINæM DRIVE, SONNENBLICK (Am 366-3-43) WHEREAS, a petition for the annexation of certain territory to the city of CUpertino in the County of Santa Clara consistin;J of 0.50 acre on the west side of Uplam Way south of Rainbow Drive (Am 366-3-43) has been filed with the City of CUpertino; am WHEREAS, on Sept.....h<>.r 8, 1987 the city Council adopted Resolution No. 7292 initiatin;J proceedings for annexation of the area designated "Uplarrl. Way 87-03;" am WHEREAS, said territory is uninhabited am all owners of lam included in the proposal consent to this annexation; am WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Fonnation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body am therefore the city council of the city of CUpertino is now the conciuctin;J authority for said annexation; am WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of lam within the affected territory the city Council may approve or disapprove the annexation without public hearin;J; am WHEREAS, evidence was presented to the City Council; NCM, 'IHEREFORE, BE IT RESOLVED by the City Council of the City of CUpertino as follows: 1. '!hat it is the conductin;J authority pursuant to section 35150.5 of the Government Code for the annexation of property designated "Uplarrl. Way 87-03," more particularly des=ibed in Exhibit "A"; -1- RFSOIlJI'ION ro. 7320 2. That the following finiings are made by the City Council of the City of CUpertino: a. That said territory is uninhabited am comprises approxiJnate1y 0.50 acre. b. That the annexation is consistent with the orderly annexation of territory with the city's w:ban service area am is consistent with the city policy annexing when providing City services. c. '!he City Council has completed an initial study am has found that the annexation of said territory has no significant bpact on the enviromnent, am previously approved the granting of a Negative Declaration. d. '!he City Council on September 21, 1987 enacted an ordinance prezoning the subject territory to City of CUpertino Rl-8i zone. e. Annexation to the City of CUpertino will affect no changes in special districts. f. That the territory is within the city w:ban service area as adopted by the Local Agerq Fonnation Canunission. g. That the annexation is made subject to no tems am conditions. h. That the County SUJ:veyor has deteJ:mined the boumaries of the proposed annexation to be definite am certain, am in campliance with the Canunission's road annexation policies. '!he City shall reiJnburse the County for actual costs incurred by the county SUJ:veyor in making this deteDnination. 1. That the proposed annexation does not create islams or areas in which it would be difficult to provide municipal services. j . That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the city's General Plan. 1. That the City has complied with all conditions bposed by the commission for inclusion of the territory in the city's w:ban service area. -2- RESOIlJI'ION NO. 7320 m. That the territory to be annexed is contiguous to existing city limits under provisions of the Government Code. 3. That said annexation is herby ordered without election pursuant to section 35151 et 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 annexation as prescribed by law. PASSED AND AOOPl'ED at city of CUpertino this following vote: vote Members of the City Council a regular meeting of the city Colmcil of the 17th day of October , 1987 by the AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATrFST: APPROVED: Isl Dorothy Cornelius City Clerk Isl w. Reed Sparks Mayor, City of CUpertino -3- , -- UPLAND WAY 87-03 (SONNEBLICK) All that certain real property situate in the County of Santa Clara, State of California, more partiuc1ar1y described as follows: , ' Beginning at the northwest corner of Parcel 2 as shown on the Parcel Map recorded in Book 325 of Maps, page 35, Santa Clara County Records; said point being along that annexation to the City of Cupertino en- titled "Bubb #2"; o ' Thence N 89 44'E, 193.38 feet along said annexation "Bubb #Z" to it's intersection wit:h tha~ c.e1:"ta.:l.r.. ä.íuièxatioLl tv ~he. City of Cupertino entitled "Upland Way 86-02"; Thence along said annexation along a curve to o bearing of S ZD 30'W, through a central angle of 170 feet and an arc length of 5.74 feet to curvature; the right from a tangent o of 1 56', with a_radius a point of reverse Thence along said annexation along a curve to the left, with a radius of 230 feet, through a central angle 2Z020' and an arc length of 89.65 feet; Thence SOUTH, 21.53 feet along said "Upland Way 86-02" to the southeast corner of said Parcel 2; _.____________ .___..._...____u Thence WEST, 167.73 feet to the southwest corner of said Parcel 2; Thence N 2°41'W, 113.50 feet to the Point of Beginning. Containing: 0.50 Acres More or Less APN: 366-3-43 ~- / / . '. , ~?/J. ¡...~: J"" ']..?I.?' ó ,CL ~I ¡Q, I n r I 2 " _ k I~ I IS I . I'r: I 11 10 I "21 ~I 121 I I 'I I , I I <.- .,.- ~ ~ r "2 ~ PO,f::;>......... "..-?- '" tV I ~Z$? H.~'; ".. " '. if I \. " . "- I f'c.t.. 1. ®..,.ru:';'z.:' r¡) . , § I 4:! 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