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CC Resolution No. 7023 RESOIIJ'I'ION NO. 7023 A RESOIIJ'I'ION OF '!HE CITY CXXJNCIL OF THE CITY OF aJPERl'INO ORDERING ANNEXATION OF ARFA DESIGNATED AS ''UPlAND WAY 86-02 (REVISED)" 'IO THE CITY OF aJPERI'INO, APProXIMATELY 1.105 ACRES IDC'ATED ON UPIAND WAY SOO'IH OF RAINInV' DRIVE WHEREAS, on October 27, 1986 the city Council adopted Resolution No. 6998 initiating proceedings and setting the time and place for public hearing for consideration of annexation of the area designated "Upland Way 86-02 (Revised);" and WHEREAS, said territory is uninhabited and is a public roadway; and WHEREAS, Section 56826 of the California Government Code states that the Local Agency Fo:cnation Cammission shall not have any authority to review an annexation to any City in Santa Clara County of unin=rporated territory which is within the u:rban 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 =nducting authority for said annexation; and WHEREAS, the property owners of the said territory were notified of the hearing and no written protest against the annexation was filed with the City Clerk at any time prior to the city Council's hearing on the proposed annexation; and WHEREAS, a duly noticed public hearing was held before the City Council of the City of CUpertino on Moroay, November 17, 1986 at 6:45 p.m. in the Council Chamber, city Hall, 10300 Torre Avenue, CUpertino, California; and WHEREAS, evidence was presented to the City Council; NCM, THEREFORE, BE IT RESOLVED by the City Council of the City of CUpertino as follows: 1. 'Ihat it is the conducting authority pursuant to section 56826 of the Government Code for the annexation of property designated ''Upland Way 86-02 (Revised)," more particularly described in Exhibit "A"; -1- RESOIIJ'I'ION NO. 7023 2. 'Ihat the following findings are made by the city Council of the City of CUpertino: a. 'Ihat said territœ:y is uninhabited and comprises 1.105 acres. b. 'Ihat the annexation is consistent with the orderly annexation of territo:ry with the City's u:rban service area and is consistent with the city policy annexing when providing city services. c. The City Cooncil has completed an initial study and has found that the annexation of said territo:ry has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Cooncil on September 21, 1981 enacted an ordinance prezoning the subject territo:ry. e. Annexation to the City of CUpertino will affect no changes in special districts. f. 'Ihat the territo:ry is within the City uman service area as adopted by the Local 1\qercy Fomation Commission. g. 'Ihat the annexation is made subject to no terms and corxiitions. h. 'Ihat the County surveyor has determined the bo\.u'rlaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City has rellnbursed the County for actual costs incurred by the County surveyor in maJd.n;r this determination. i. 'Ihat the proposed annexation does not create islands or areas in which it would be difficult to provide 111I.IIÚ.cipal services. j . 'Ihat the proposed annexation dces not split lines of assessment or ownership. k. 'Ihat the proposed annexation is consistent with the City's General Plan. l. 'Ihat the City has complied with all corxiitions imposed by the commission for inclusion of the territo:ry in the City's uman service area. -2- RESOillI'ION NO. 7023 m. That the territo:ry to be annexed is contiguous to existing City limits under provisions of the Govemment Code. 3. That said annexation is hereby ordered without election pursuant to section 56837 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 AOOPI'ED city of CUpertino this vote: at a regular meeting of the City Council of the 17th day of November , 1986 by the following Vote Members of the city Council AYES: Gatto, Johnson, Rogers, Sparks NOES: None ABSENT: Plungy ABSTAIN: None A'ITFST: APPROVED: Isl Dorothv Cornelius city Clerk Is I w. Reed Sparks Mayor, City of CUpertino -3- July 14, 1986 17095-110 Exhibit '¡,' Annexation to city of cupertino Name of Annexation: Upland Way 86-02 Rev. Date: Aug. 22, 1986 All that real property situate in the County of Santa Clara, State of California, being described as follows: 8eing a portion of Upland Way, as shown upon that certain Map entitled 'Tract No. 492 Marquette Heights Subdivision' recorded March 22, 1948 in 800k 18 of Maps, pages 4 anQ 5, also being a porti0n of Rainbow Drive and Bubb Road, as shown upon that certain Map of Tract 3281, recorded in Book 155 of Maps, pages ~':- 28 and 29, Santa Clara County Records: and being more particulaclY described as follows: BEGINNING at the southeasterly corner of Upland Way, hereinabove described, said point of beginning also being in the Westerly line of the existing City limits :Line. of.. Glpe.z:.t:in.a as e.st.ab1.is.hed by acdina[1~e. ent.it..l.ed ' Se.ven Spcinqs 80-17"; thencE! from s-aià point:' of begi.nni¡yq..:. I.eavill'T said City' liJIril:s tine., West 60.00 feet; thence North 665.53 feet; thence Northeasterly along a tangent curve to the right, having a radius of 230.00 feet, through a central angle of 220 20' 00', an arc length of 89.65 feet to a point of reverse curvature; thence Northeasterly along a tangent curve to the left, having a radius of l70.00 feet, through a central angle of 010 56' 00', an arc length of 5.74 feet to a point in the existing City limits as established by that certain annexation entitled 'Bubb No.2'; thence along the said annexation the following three courses and dis;:an=~ Noc.the.asterly along a cu..c.ve to the left from a tangent which bears North 200 24' East, having a radius of 170.00 feet, through a central angle of 200 40', an arc length of 61. 3 2 feet; thence continuing along said city limit line the South 890 06' East 10.00 feet to a corner of said annexation in the westerly line of Bubb Road (40.00 feet wide); thence along the most Easterly City limit line established in said Bubb No. 2 annexaÜon, North 000 09' 26' East 60.00 feet to a Northeasterly corner of said annexaction in the most southerly line of that certain annexation to the city of Cupertino entitled 'Regnart 63-4', described and adpoted under Cupertino ordinance No.291; thence along said most southerly line of said Regnart 63-4 annexation, south 89006' East 20.00 feet to the Southeast corner of said Regnart 63-4 annexation in the centerline of Bubb Road· in a Westerly city limit line of that certain 1.04 square mile annexation to the' City of cupertino entitled, 'san Jose/Cupertino Municipal Reorganization', described and adopted under cupertino Ordinance No. 924; thence along said Westerly City limit line of said annexation described under ordinance No, 924 being the centerline of Bubb Road shown on the Map for Tract No, 3281, recorded in Book 155 of Maps at pages 28 and 29, santa Clara County Records, South 000 09' 28' West 60.00 feet to the Northwest corner of said Seven Springs 60-17 annexation; thence along West line Of said Seven springs 60-17 annexation, South 616.46 feet to the said point of beginning of this description and containing 1.105 acres of land, more or less. "EXHIBIT A" rf-v:1·ZZ -lJt ·, " 1'".I"/.b7#/ ð".I'7'" ,(/H/q /dP,r ¡I,r ¿"tY/f';/"-'7A'V' ç E.l"Q,p//.J'}W;t7 ¿Y~¿::çg?_ EM"7?Z'O -R",..-""_-,"'./'-<'-- ¡lRA1'ÆtW¿",r~,?'/, L.OT 2 3 4 5 6 E//.I'/7p¡f" t:'//"? //'#//".I" //N',r ¡I,r ¿"tY/',,<;1'/?,M? A.I' E.l"h'/'/ß"Af"'¿? /1' If';#, /¡?fY./ ¿"¿?A'R?7_ ,uØW¿Y~ Rl?R¡f"AØ'?A-,"AM"1 """"~.v'V' ¡lRJW$4V¿"E ~ PO'-:- . _.~. ,', . ®- .". :.: . E//fr/.4/~ t""//"':Þ'" ¿,/,v/T./' /~ ::, :,: '--j tV"'#/'6P17_ AJ' Ef.TÁ¿>¿/J''''::''' .:.: ::: ,,.,, A#RO"A7Ã:7.# /iVhT,(¿tz;' ':fEI"6f/ :'" ::' .ß¥.w.r.r 't? -/7. . .:<~.'. ::::::",J I, .....~ !o\""""'~ ~ ?\~ ~....I~ t<¡ ::::;::1 ~- :::! ....:.. .:.;.;.:. "'d/#T dr Þ'61/4W/#V ' +: \v.. , 1 1 , , , COURSE T A 8 L E I WEST 60,00' 2 R=2:30,OO' 6=22°20'00" L=89,65" :3 R=170,oo' 6=0'°56'00" L= 5,74" 4 R= 170,00' 6= 20°40'00" L=6I,:32' 5 S89°06'00"E 10,00' ,f 6 NOO"09'28" E 60,00' 7 S 89"06'00" E 20,00' e SOO'09'æ"w 60:00' "I:)(lIlfll1' fI" EXHIBIT "B· ANNEXATION TO THE CITY OF CUPERTINO " .... ... I OF ANNEXATION: UP\..AtJD wI' \ !b'OZ. Rwsea I'~¡"ME CH~:L .: R-t I:: Ruth and Go ing, Inc. -~ CIVIL ENGINEERS . L~NO SUAVE~ORS II '7 ",~ SCALE: I ,..¡::tv ! DATE: iZ!é!!f..# ! ('t:I\:!:.: )"Af - ,sa 1HE: ALüt(;;.t.. Dr.p' " ¡f/Y// I.UI..eIL CI.LlfClAH1A 1I~a. '.l)aJ 2IfT-n" JOß. i I·~~.~r...·.'c~ ~~,: 'i.t.Z"ð/ø