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CC Resolution No. 9099 RESOLUTION NO. 9099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "STELLING 94-02", APPROXIMATELY 0.32 ACRE LOCATED ON THE WEST SIDE OF STELLING ROAD BETWEEN RAINBOW DRIVE AND SQUIREHILL COURT; SHY ARTS (APN 362-23-035) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.32 acre on the west side of Stelling Road (APN 362-23-035) has been filed by property owners Emilia and David Shvarts; and WHEREAS, on May 2, 1994, the City Council adopted resolution No. 9085 initiating proceedings for annexation ofthe area designated "Stelling Road 94-02; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation 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 and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: Resolution No. 9099 I. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Stelling 94-02", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.32 acre. 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 of annexing when providing City services. c. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Council on September 8,1981, enacted an ordinance prezoning the subject territory to City of Cupertino RI-6 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f, That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions, h. 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 making this determination. 1. That the proposed annexation does not create islands 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. 2 Resolution No. 9099 I. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. m. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby 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 ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of June, 1994 by the following vote: ~ Members ill~ ~ Council A YES: Bautista, Burnett, Sorensen, Koppel NOES: None ABSENT: Dean ABSTAIN: None ATTEST: APPROVED: Isl Kim M. Smith City Clerk resoluti/res9099.doc Isl Barbara Koppel Mayor, City of Cupertino 3 "EXHIBIT A" Annexation to the City of Cupertino Entitled Stelling 94-02 All that certain real property situated in the unincorporated area, County of Santa Clara, State of California, described as follows: BEGINNING at a point on the West line of Stelling Road, distant thereon N 00 0 I' 20" E , 170.00 feet from the point of intersection of said line of Stelling Road with the Northerly line of Rainbow Drive, said point of beginning also being along that certain annexation to the City of Cupertino by resolution no. 8623 entitled "Stelling 91-3"; Thence from said point of beginning along said line of Stelling Road, N 00 01' 20" E , 80.00 feet; Thence leaving said line of Stelling Road and running parallel with said line of Rainbow Drive, S 89053' 00" W , 175.00 feet, to the easterly boundary of that certain annexation to the City of Cupertino by resolution no. 7508 entitled "Manita Ct 88-02"; Thence parallel Witll said line of Stelling Road being an easterly boundary of the said annexation to the City of Cupertino entitled "Manita Ct 88-02", S 0001' 20" W, 80.00 feet; Thence parallel Witll said line of Rainbow Drive also being along that certain annexation to the City of Cupertino entitled "Stelling 91-3", N 890 53' 00" E, 175.00 feet to the point of beginning and being a portion of the Southeast y. of Section 23 in Township 7 South Range 2 West, Mount Diablo Base and Meridian. Containing ; 14,000 square feet, more or less 0.321 acrcs , lUore or lcss APN; 362-23-035 SITE c::i a:: MANITA SHADOwHlLL ~ LN. I N 89'41'07" E RAINBOW ~ oeM MEADOW ~ I CT. i:':' (f) LOCATION MAP S 89'53'00" W ///1~5/ ~ :;< TOTAL AREA ~ 0 ÚOÒ Sq.·~ '" ////S~ 0 0 362-23-035 LEGEND: (f) '////// N II PARCEL-35 0 N 89:53iOO" E/ Z I~ ~ o"'co 175' <r: PROPOSED ANNEXATION _coo f- ú) ~~r---. P,O.B. - 0 - - EXISTING ANNEXATION wU . Úo ~ z..,;(f) Zf-w ANNEXA TION <{_o: I~ 0'"'" "-Oó - Z~ ..,; (RES. 8623) :::¡ III~ANNEXATION _r-- 0- 0 I Z ......:¡ SAN JOSE/CUPERTINO ......:¡ MUNICIPAL REORGANIZATION ¡:i¡ & CITY OF SAN JOSE MADERA NO. 18 ~ E--< CI2 EXHIBIT B PROPOSED ANNEXA~ON - N 89'53'00" E - 'to TO THE CITY OF CUPERTINO - - - RAINBOW DRIVE ENTITLED STELLING 94-02 DA TE: MAR 1994 SCALE: 1"=60' BY: RIEDEN, K RE\i1SED: CITY OF CUPERTINO ð . SCALE 1"=60 ---.. E--< ~ :::> 0 u :;< 0 N 81 <r: o E--< o _ (f)IZ <r: ::E