CC Resolution No. 9496RESOLUTION NO. 9496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "UPLAND
WAY 95 -03 ", APPROXIMATELY 1.8 ACRES LOCATED ON THE
WEST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE
AND BUBB ROAD; INCARDONA/GROSE/ROBERTS
(APN 366 -03 -008)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 1.8 acres on the west side of Upland
Way (APN 366 -03 -008) has been filed by property owners Marilyn Incardona, Leroy J.
Grose and Marguerite V. Roberts; and
WHEREAS, on October 2, 1995, the City Council adopted resolution No. 9458
initiating proceedings for annexation of the area designated "Upland Way 95 -03; 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. 9496
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Upland Way 95 -03 ", 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 1.8 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
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 Pre RNS 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.
i. 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. 9496
1. 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 November, 1995 by the following vote:
Y= Members Qf I& City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City of C rtino
rmlwU rcs"Wda
3
"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 F �,,
/
1.811 acres, more or less _Qt� o.
A.P. N.: 366 -03 -007 AND 366 -03 -008 L�"NeN.1 )
i'.evi� SeP 1995 V LV V
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SCALE: I" : 100'
D(ISTWG ANNE
BURG NO. 2 -
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RAINBOW
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N.T.S. 2 2
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LOCATION MAP
EXISTING CRY UINTS UNE /
I I i
oosTwc NownoN
I) I UPLAND AY 87 -03'
EAST \
340.00 _ I
A.P.N. 366 - 03 - 007 \ 60
00 \\ LOT 2 00
39,440
0.91 ACRES Q
340.00\ \\ I a ' I
A.P.N. 366 - 03- 008\
e \� LOT 3
\\
39.440S 0 Iy }
0 0,91 ACRES — Q D=NG ANNEXATION
UI'LANO WAY 86 - 02 ^
I WEST 340,00 10
I(1 Z
I/IT P,O,B, EMTWG ANNEXATION
I 'UPLAND WAY 94-08- I
i
LEGEND:
PROPOSED ANNEXAnON
EXISTING ANNEXATION
-- EXISTING CITY UMITS
KIRKEBY ENGINEERING CORP.
10950 K 6laner Aye.
CUPOrtinO� CA. 93014 (408)252'9690
EXHIBIT B
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO
"UPLAND WAY 95 -03"
1995 Sc 11e: I = 100' OGte: JULY 19A5 r osn�