CC Resolution No. 94580
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RESOLUTION NO. 9458
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "UPLAND WAY 95 -03 ",
PROPERTY LOCATED ON THE WEST SIDE OF UPLAND WAY
BETWEEN RAINBOW DRIVE AND BUBB ROAD;
APPROXIMATELY 1.8 ACRES, INCARDONA/GROSE/ROBERTS
(APNS 366 -03 -007 AND -008)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Upland Way 95 -03" from property owners, Marilyn
Incardona, Leroy J. Grose and Marguerite V. Roberts; and
WHEREAS, the property, 0.32± acre on the west side of Orange Avenue between
Dolores Avenue and Alcazar Avenue (APN 314 -23 -022) is contiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was pm-zoned on September 8, 1981,
to City of Cupertino Pre RHS zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B ") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
RESOLUTION NO. 9458 Page 2
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Upland Way 95 -03" at their regular meeting of November 6, 1995.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of October, 1995 by the following vote:
Y= Members of lk City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
mso1uuht:945e.doC
APPROVED:
Mayor, City oiCkupertino
2
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"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
UPLAND WAY 95 -03
JULY, 1995
All that certain real property situate in Santa Clara County, State of California, more
particularly described as follows:
All of Lots 2 and 3, as shown on that certain Map entitled, "Marquette Heights
Subdivision, Tract No. 492 ", which Map was filed for record in the office of the
County Recorder of Santa Clara, State of California on March 22, 1948 in Book 18
of Maps at pages 4 and 5, and more particularly described as follows:
Beginning at the southwest corner of Lot 3 as shown upon said Map, "Marquette
Heights Subdivision ", said point being the northwesterly corner of that certain
annexation to the City of Cupertino entitled, "Upland Way 94 -08" and being on the
easterly line of that certain annexation to the City of Cupertino entitled, "Bubb No.
2 ";
thence along the westerly line of said Lots 2 and 3 of said map and the said
easterly line of annexation Bubb No. 2 North 232.00 feet to the northwest corner
of said Lot 2;
thence leaving said annexation Bubb No. 2 along the northerly line of said Lot 2
East 172.27 feet to the southwesterly corner of that certain annexation to the City
of Cupertino entitled, "Upland Way 87 -03 ";
thence along the southerly line of said annexation Upland Way 87 -03 and the
northerly line of said Lot 2 East 167.73 feet to the northeast corner of said Lot 2,
said point being the southeasterly corner of said annexation Upland Way 87 -03 and
being on the westerly line of that certain annexation to the City of Cupertino
entitled, "Upland Way 86 -02"
thence along said westerly line of annexation Upland Way 86 -02 and the easterly
line of said Lots 2 and 3 South 232.00 feet to the southeast corner of said Lot 3,
said point being the northeasterly corner of said annexation Upland Way 94 -08;
thence along the southerly line of said Lot 3 and the northerly line of said
annexation Upland Way 94 -08 West 340.00 feet to the POINT OF BEGINNING
Containing: 78,880 square feet, more or less of s o
1.811 acres, more or less o a 0. I
A.P. N.: 366 -03 -007 AND 366 -03 -008 1W 0, 9�
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Revised Sept , 1995 *
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° �"o `JMrrs ne -SCALE: 1" 100'
EXISTING MNEXATiON
'UPLAND la 87-03- \
\A.P.N. 366 — 03 - 007 0 89 \\ LOT 2 0°ti 39440 S.F. '_° ; °SUBS G ANNf7WT10N a Di \ 0.61 ACRE \\ N
'SUBS N0.2 ' \ 0 �\ \ n
o A.P.N. 366 - 03 - 008\
,°o \ \\ LOT 3 o I
39.440S ,_°;
0.91 ACRES - E)OSTING ANNEXATION
I t
UPLAND WAY 86 - 02 '
WEST 340.00 0
I Q LOT 4 Q
P.O.B. I CL
_ I � EwsrfrNC ANNEXATION t CL �
I I 'UPLAND WAY 94-08'
I
LEGEND:
-- PROPOSED ANNEXATION KIRKEBY ENGINEERING CORP.
10930 N.81an�y Ave.
EWTING ANNEXATION Cupertino, CA. 93014 (408)232 -9690
-- -- EXISTING CITY UMITS EXHIBIT B
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO
"UPLAND WAY P,a-- S-- t . 1995 Scate: C' = 100' loatir JULY 1995 Job No. 95009