CC Resolution No. 00-204 RESOLUTION 00-204
A RESOLUTION OF THE CITy COUNCIL
DESIGNATED OF THE CITy OF CUPERTINO MAKING
DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY
"UPLAND WAY 00-0Y', APPROY~,~ * ~,
THE WEST SIDE OF UPLAND '~v~'~t-r 2.836 ACRES LOCATED ON
WAY BETWEEN RA/NBOW DRIVE
WANG (APN 366-03-011) AND UPLAND WAY;
WHEREAS, a petition for the annexation
~nei~ C~o,,u~, ty of Santa C/ara ~-- · .. of certain territory to the City
~ ~ ~ ooo-o.3-011) has been fil~d ,of 2.836_+ acres on the of Cupertino in
oy property owner ~ ..... west side of
~er aha Annie Wang; and
WHEREAS, on June 5, 2000, the City Council adopted Resolution
proceedings for annexation &the area designated "Upland Ww '~ ..... No. 00~165 initiating
y vu-u3 ; and
WHEREAS, said territory is uninhabited and all
consent to this annexation; and owners &land included in the proposal
WHEREAS, Section 35150.5 of the California
.Agency Format/on Commission shall Governme.nt
~ San? Clara Coanty of unin~-- .no! have any author/ty to Code states that the Local
city et the anne~,: ...... ,-u~poratea territory which is ..,r.evlew an annexation to any City
.xauun 1I m~t~ated by resolution of the ' .w.~mm the urban service area of the
Council &the City &Cupertino is now the Conducting ~egls~ative body and therefore the City
author/ty for said annexation; and
signed ,WHE..REAS, Government Code Section 56 ·
ey au owners of land withi,- ,~- ~ . .837provldes that ifa
disapprove - me attectea territory ~h~ r,;, -v,-mlO. n for annexation is
the annexation without public hear/ng; and -; -,~ ,~ay Council may approve or
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
as follows:
1. That it is the conducting authority pursuant to Section 35150.5 &the Government Code
for the annexation of property designated
described in Exh/bit "A"; "Upland Way 00-0y,, more particularly
That the following findings are made by the City Council &the City &Cupertino:
a. That said territory is uninhabited and comprises approximately 2.836 acres.
b. That the annexation is consistent with the orderly annexation of territory with the
City's urban service area and is consistent with the City policy
prey/ding City services.
of annexing when
Resolution 00-204
Page 2
The City Council has completed an initial study and has found that the annexation
o£ said territory has no significant impact on the environment, and previously
approved the granting ora Negative Declaration.
The City Council on July 17, 1995, enacted an ordinance prezoning the subject
territory to City of' Cupertino Pre RHS-40 zone.
Annexation to the City of Cupertino will affect no changes in special districts.
That the territory is within the city urban service area as adopted by the Local
Agency Formation Commission.
That the annexation is made subject to no terms and conditions.
That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the Commission's
road annexation policies. The City shall reimburse the County for actual costs
incurred by the County Surveyor in malting this determination.
That the proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services.
That the proposed annexation does not split line of assessment of ownership.
That the proposed annexation is consistent with the City's General Plan.
That the City has complied with all conditions imposed by the commission for
inclusion of the territory in the City's urban serv/ce area.
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That said annexation is hereby ordered without election pursuant to Section 35151 et
of the Government Code.
seq.
That the Clerk of the City Council of the City of Cupertino is directed to give notice of
said annexation as prescribed by law.
BE IT FURTHER RESOLVED that upon completion of these reor anizat~
the territory annexed will be det from th,, ~ ........ g 'on proceedings
ached .......... omita t~lara county Lighting Service District.
Resolutlon 0O-~O4 Page
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17t~ day of July, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Lowenthal, James
NOES: None
ABSENT: Statton
ABSTAIN: None
ATTEST:
APPROVED:
~Vic~-Mayor, Cit~of ~f~ert~no
EXHIBIT A
UPLAND WAY 00-03
All of that certain parcel of land situated in the County of Santa Clara, State of California,
and described as follows:
Being all of LOT 6 and a portion of UPLAND WAY as said LOT and WAY are shown
on that certain map entitled "TRACT NO. 492 - MARQUETTE HEIGHTS
SUBDIVISION - Portion of the NW ¼ of Section 26, T.7S.,.R.2W.", filed in Book 18 of
Maps at Pages 4 & 5, Records of Santa Clara County California, and more particularly
described as follows:
Beginning at the northeast comer of said LOT 6 and said comer being on the west line of
that certain annexation to the City of Cupertino entitled "UPLAND WAY 86-02";
Thence southerly along the said westerly line of the said annexation ("UPLAND WAY
86-02") SOUTH 180.00 feet to the southerly line of UPLAND WA'Y (60 foot street);
Thence westerly along said southerly line West 190.66 feet to the beginning of a curve;
Thence along said curve concave northerly with a radius of 230 feet through a central
angle of 25°00'00'' and an arc length of 100.36 feet to a point of compound curvature;
Thence along said compound curve concave northeasterly with a radius of 171.36 feet
through a central angle of 42°59'00' and an arc length of 128.55 feet to the point of
tangency;
Thence North 22°01 '00" West 135.98 feet to the beginning ora tangent curve;
Thence along said curve concave southerly with a radius of 45.00 feet through a central
angle of 124°41 '00" and an arc length of 97.93 feet to the point oftangency;
Thence South 33o18'00'' West 80.86 feet to the beginning of a curve;
Thence along said curve concave southeasterly with a radius of 370.00 feet through a
central angle of 14012'00'' and an arc length of 91.70 feet to the most northerly comer of
LOT 9 of said TRACT NO. 492 and said comer also being on the line of that certain
annexation to the City of Cupertino entitled "UPLAND WAY 90-05";
Thence westerly along the easterly line of said "UPLAND WAY 90-05" North
70054'00'' West 60.00 feet to the sideline of said Upland Way and to the most northerly
comer of said "UPLAND WAY 90-05" and also to the easterly annexation line of
"BUBB NO. 2";
Thence along the said easterly line of"BUBB NO. 2" the following three (3) described
coursesi
I. Thence along a curve concave easterly fi:om a tangent that bears North 19006'00''
East with a radius of 430.00 feet through a central angle of 14012'00'' and an arc length
of 106.57 feet
2. Thence North 33018'00'' East 80.86 feet to the beginning ora curve,
3. Thence along said curve concave southerly with a radius of 105.00 feet through a
central angle 101o44'35'' (101°45'00'' per TRACT NO. 492) and an arc length of 186.45
feet (186.47 feet per TRACT NO. 492) to the most westerly comer of LOT 5 and said
comer being on the northerly line of UPLAND WAY as said LOT and WAY are shown
on the said map of TRACT NO. 492
Thence leaving the said "BUBB NO. 2" annexation and along the northeasterly line of
UPLAND WAY and along a curve concave southwesterly from a tangent that bears
South 44°57'25" East with a radius 105.00 feet through a central angle of 22°56'25''
(22056'00" per TRACT NO. 4920 and an arc length of 42.04 feet (42.02 feet per TRACT
NO. 492) to a point oftangency;
Thence southerly along the easterly line of said UPLAND WAY South 22001'00" East
87.56 feet (87.55 feet per TRACT NO. 492) to the comer common to LOTS 5 & 6 of said
TRACT NO. 492;
Thence easterly along the northerly line of said LOT 6 EAST 336.83 feet (336.84 feet per
TRACT NO. 492) to the westerly line of"UPLAND WAY 86-02" and to the point of
beginning.
Containing 2.836 acres of land, more or less.
APN: 366-03-11
Date of Revision: May 6, 2000
uplandway00-03
GROSS AREA; 2.855 acres of land, more or less.
~'~N: ,366--03--11
.,O'i'E:
'~nis Plot Map is based on record informotlon and
does not represent o field survey. See the mop of
Tract No. 492 filed in Book lB of Mops at Pages
4 & 5, Records of Santo Ciera County, Califomlo.
Boundary line of
proposed annexattion
-- Existing city limits line
BUBB NO. 2
Ex. City limit line of
Cupertino os estoblishe,
by onnexction entitled
"BUBB NO. 2"
C7
LOT
SiTE~'x
LOCATION MAP N~°s~
no scale
LOT 4-
N 90'00'00' E 340.00'
ECT ROAD
LOT 5 Ex. City limit line of
Cupertino os established
+0" by annexation entlUed
'UPLAND WAY 86-02"
S 90'00'00' E 336,84'
LOT 6
C4
N 90'00'00' W 140.66'
% ~ %00' ~3 N 90'00'00' W 865.00'
~ WAY
02 ~ N 90'00'00' V 190.66'
PARCEL B
Ex. City limit line of ~)~'h 504 M. 44 PARCEL C
Cupertino os established 165 M. 37
by annexation entitled RUBEN BEJARANO
"UPLAND WAY 90-05" P.LS. 584-1
CURVE TAttLE
CURVE LENGTH RADIUS DELTA
Ct 78.54 50.00 90'00'00'
C2 100.36 830.00 85'00'00'
C3 188.55 171.36 4~'59'00'
C4 74,18 170,00 ~5'00'00'
C5 83,54 111,36 48'59'00'
. C6 tot. ~8,49 105.00 1~4'41'00°
C7 97,93 45.00 124'41'00'
CB 91,70 370,00 14'12'00'
C9 106.57 430.00 14'12'00'
CIO 186.45 105,00 101'44'35'
CiO(REC) (186,47) (105,00) (101'45'00')
Cll 42.04 105,00 ~2'56'25'
CII(REC) (42,02) (105,00>
EXPIRES: 12-51-00
10755 PORTER LA"E ~ E X H I B I T B
SAN JOSE, CA 95127
<~OB) 272-2972 ~PROPOSED ANNEXATION
CITY OF CUPERTINO
~~~/*/~ UPLAND WAY O0 03