CC Resolution No. 7143
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RESOIIJTIoo NO. 7143
A RESOIIJTIoo OF 'IHE CI'lY CXXJNCIL OF 'IHE CI'lY OF aJPER1'INO
MAKrnG DEI'ERMINATIONS AND ~ 'IHE ANNEXATIoo OF TERRrroRY
DESIGNATED AS "RAINB:M'DRIVE 87-01;" 1.72± ACRES
GENERALLY LOCATED 00 'IHE NORIH SIDE OF RAINB:M' DRIVE
BE1lWEEN WEYM:XJ'lH DRIVE AND STELLING OOAD
(Am 362-10-3)
WHEREAS, a petition for the annexation of certain territozy to the
city of OJpert:ino in the Colmty of Santa Clara consistin:J of 1. 72± acres
on the north side of :Ra:inbow Drive between Wey¡routh Drive ani Stelling
Road (Am 362-10-3) has been filed with the city of CUpertino; ani
WHEREAS, on March 16, 1986 the city Council adopted Resolution No.
7106 initiating p¡:~;rgs for annexation of the area designated ":Ra:inbow
Drive 87-01;" ani
WHEREAS, said territozy is mili1habited ani all owners of 1ani included
in the proposal consent to this annexation; ani
WHEREAS, Section 35150.5 of the California GoveJ:Tanent Code states that
the :ü:x::al lv.Jerr:y Fo:cnation O:mnission shall not have arr;¡ authority to
review an annexation to arr;¡ city in Santa Clara County of unincorporated
territozy which is within the uman service area of the city of the
annexation if initiated by resolution of the legislative body ani
therefore the city cooncil of the City of OJpertino is nrM the oorñucting
authority for said annexation; ani
WHEREAS, evidence was presented to the City Council;
NOW, THEREF~, BE IT RESOLVED by the City Council of the City of
OJpertino as follows:
1. '!hat it is the oon:iucting authority ~ to Section 35150.5 of the
GoveJ:Tanent Code for the annexation of property designated ":Ra:inbow
Drive 87-01," m:>re particularly described in Exhibit "A";
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RFSOIlJTION NO. 7143
2. '!hat the followin;J fWings are made by the City Council of the city
of CUpertino:
a. '!hat said territory is uninhabited aIXi CX1I'prises 1. 72± acres.
b. '!hat the annexation is consistent with the orderly annexation of
territory with the City's w:ban service area aIXi is consistent
with the city policy annexi.rq when providin;¡' city services.
c. ihe City Ccuncil has CX1I'pleted an initiated study aIXi has fourxi
that the annexation of said territory has no significant in1pact
on the environment, aIXi previously a~ the grantin;J of a
Negative Declaration.
d. ihe City Council on September 21, 1981 enacted an ordinance
prez01'1in; the subject territory to City of CUpertino Rl-6 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 Agen;y Fomation Camlission.
g. '!hat the annexation is made subject to no tems aIXi c::orxiitions.
h. '!hat the Camty surveyor has determined the boundaries of the
~~ annexation to be definite aIXi certain, aIXi in CX1I'pliance
with the Camnission's road annexation policies. ihe City shall
reiJnburse the Camty for actual ooets incurred by the Coonty
SuJ:veyor in maJd.n;¡ this deteDnination.
i. '!hat the 1-.L~ annexation does not create islaIXis or areas in
whidl it would be difficult to provide II1I.I1'lÌcipal services.
j. '!hat the p.L~ annexation does not split line of assessment of
ownership.
k. '!hat the pJ::opoeed annexation is consistent with the city's
General Plan.
1. '!hat the city has CX1I'plied with all c::orxiitions ÍlIq)OSE!d by the
camnission for inclusion of the territory in the City's w:ban
service area.
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RESOIDI'ION NO. 7143
m. 'Ihat the territory to be annexed is contiguous to existing City
limits ul'Xier provisions of the Govemment Code.
3. 'Ihat said annexation is hert::Jy ordered without election pursuant to
Section 35151 et seq. of the GoveruÙJ=ut Code.
4. 'Ihat 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 re;¡ular meeting of the city Council of the
City of CUpertino this ~ day of April , 1981 by the following
vote:
Vote
Members of the City Council
AYFS:
Gatto, Johnson, Plungy, Rogers, Sparks
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATI'EST:
APPROVED:
/~/ Dorothy Cornp-lius
City Clerk
/s/ W. Rêed SDarks
Mayor, City of CUpertino
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Rainbow Dr. 87-01
(Besler)
All that certain real property situate in the County of Santa Clara, State of
California, more particularly described as follows:
Beginning at a point on the center line of Rainbow Drive, from
which a granite monument standing at a point where the center
line of said Rainbow Drive intersects the center line of Stelling
Road bears N 89° 24'E, 969.87 feet; said point also being at the
intersection of those certain annexations to the City of Cupertino
entitled, "Seven Springs 80-17" and the "San Jose"Cupertino
Reorganization" of July 1, 1979;
Thence N 0° 26'W, 500 feet along said "San Jose-Cupertino
Reorganization";
Thence parallel with said center line of Rainbow Drive N 89° 24'E,
150 feet along said reorganization;
Thence S0026'E, 500 feet along said reorganization to a point
in the center line of Rainbow Drive which intersects with said
annexation "Seven Springs 80-17";
Thence along said center line S89°24'W, 150 feet along said
"Seven Springs 80-17" to the point of beginning.
Containing: 1.72 acres, more or less.
APN: 362-10-3
Jan. 1987
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