CC Resolution No. 7024
RESOIIJTION NO. 7024
A RESOIIJ'I'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERl'INO
ORDERING ANNEXATION OF AREA DESIGNATED AS "S<XJTH STELLING
86-03" 'IO THE CITY OF aJPERl'INO, APPROXIMATELY 1.0Qt
ACRES IDCATED ON THE WEST SIDE OF S<XJTH STELLING ROAD
BEIWEEN RAINB::M DRIVE AND WATERFORD DRIVE
WHEREAS, on October 27, 1986 the city Council adopted Resolution No.
6999 initiating proceedings and setting the time and place for public
hearing for consideration of annexation of the area designated "South
Stelling 86-03;" and
WHEREAS, said territo:ry is uninhabited and the written consent to
annexation was obtained from the property owners; and
WHEREAS, Section 56826 of the Califomia Government Code states that
the I.Dc:al Agency Formation Canunission shall not have any authority to
review an annexation to any city in Santa Clara County of unincorporated
territo:ry 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 conducting
authority for said annexation; and
WHEREAS, the property owners of the said territo:ry 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 Morrlay, November 17, 1986 at 6:45 p.m.
in the Council 01amber, 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 "South
Stelling 86-03," more particularly described in Exhibit "A";
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RESOIIJ'I'ION NO. 7024
2. '!hat the following findings are made by the City Council of the City
of CUpertino:
a. '!hat said territo:ry is uninhabited and canprises 1.0o± acres.
b. '!hat the annexation is consistent with the orderly annexation of
territo:ry with the city's 1.1rlJan service area and is consistent
with the City policy annexing when providing city services.
c. The city Council has completed an initial study and has found
that the annexation of said territo:ry has no significant impact
on the envirornnent, and previously approved the granting of a
Negative Declaration.
d. The city Colmcil on September 21, 1981 enacted an ordinance
prezoning the subject territo:ry to City of CUpertino Rl-6 zone.
e. Annexation to the City of CUpertino will affect no changes in
special districts.
f. '!hat the territo:ry is within the city u:rban service area as
adopted by the Local Agency Formation Commission.
g. '!hat the annexation is made subject to no terms and corxiitions.
h. '!hat the County surveyor has determined the boundaries of the
proposed annexation to be definite and certain, and in canpliance
with the Camnission's road annexation policies. The City has
reimbursed the County for actual costs incurred by the County
Sw:veyor in makin;J this determination.
i. '!hat the proposed annexation dces not create islands or areas in
which it would be difficult to provide nnmicipal services.
j . '!hat the proposed annexation dces not split lines of assessment
or ownership.
k. '!hat the p¡::oposed annexation is consistent with the City's
General Plan.
1. '!hat the City has complied with all conditions imposed by the
=.mmission for inclusion of the territo:ry in the city's 1.1rlJan
service area.
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RESOIIJ'I'ION NO. 7024
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 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
11th day of Nnv<>mhpr , 1986 by the following
vote
Members of the City Council
AYES:
Gatto, Johnson, Rogers, Sparks
NOES:
None
ABSENT:
P1ungy
ABSTAIN:
None
ATI'FST:
APPROVED:
/R/ Dorothy Corneli11R
city Clerk
/s/ W. Reed Sparks
Mayor, City of CUpertino
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SOUTH STELLING 86-03
(CHESHAEK)
All that certain real property situate in the County of Santa Clara,
State of California, more particularly described as follows:
All of that certain parcel of Lands of Oscar Urban as shown on the
Record of Survey filed for record in Book 216 of Maps, at Page 26,
Santa Clara County Records;
Beginning at the northeast corner of said Lands of Urban, said corner
being contiguous to the boundary of the San José-Cupertino Reorganization
effective July l, 1979;
Thence South, 124.21 feet along said reorganization boundary to'the south-
east corner of said Lands of Urban;
o
Thence S 89 49' 00" W, 329.3l feet along said reorganization to the south-
vest corner of said Lands of Urban;
o
Thence N 19 03 too" W, l31. 26 feet along that certain annexation to the'
City of Cupertino entitled "Seven Springs 80-l7" to the northwest corner
of said Lands of Urban;
Thence N 890 49' 00" E, 329.3l feet along said reorganization to the Point
of Beginning.
Containing: l,OO acres more or less
APN: 366-26-l7
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~'EXHIBIT A','
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RAINBOW DRIVE
Location Map
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APN 366-26-017
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ANNEXATION TO THE
CITY OF CUPERTINO
SOUTH STELLlf.!G_
86-03
(C heshae k)
'lAHiBrr Bn' SEPT. 1986