HomeMy WebLinkAbout13-033 Resolution Approving annexation of Area STG01 �... RESOLUTION NO 13-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING ANNEXATION TO THE CITY OF SARATOGA OF THE
UNINCORPORATED TERRITORY ENTITLED `AREA STGO1'
WHEREAS, the City Council is considering the annexation of approximately 31 acres of
real property entitled `Area STGO1', hereafter referred to as `the territory', which includes APNs
503-09-020; 503-10-006,007,029; 503-80-002,003,005,007,008 and 503-13-038, all contiguous
to the City of Saratoga and described in Exhibit "A" (legal description) and "B" (plat map)
attached hereto; and
WHEREAS,the City Council has determined these annexation proceedings to be exempt
from the California Environmental Quality Act (CEQA) under: (1) CEQA Guideline 15319
which exempts annexations to a city of areas containing existing private uses and structures
developed to the density allowed by the current zoning or pre-zoning of either the gaining or
losing governmental agency whichever is more restrictive, provided, however, that the extension
of utility services to the existing facilities would have a capacity to serve only the existing
facilities; and (2) CEQA Guidelines Section 15061(b)(3) which further exempt these actions
because they will involve no physical change to the environment.
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed is located in the City of Saratoga's Urban
Service Area and Sphere of Influence, has a General Plan designation of H-OS (Hillside-Open
Space), and is pre-zoned HR(Hillside Residential); and
WHEREAS, although voluntary notice was provided and a public hearing conducted,
protest proceedings are being waived pursuant to Government Code Section 56375.3 based on
the absence of objections from local agencies providing public services to the territory being
annexed, the full owner consent and the findings made by the City Council below.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby makes the following findings:
A. That the annexation is exempt from the California Environmental Quality Act
(CEQA)pursuant to sections 15319 and 15061(b)(3) of the CEQA Guidelines.
B. That the unincorporated territory to be annexed is within the Sphere of Influence and
the Urban Service Area of the City as adopted by the Santa Clara County Local Agency
Formation Commission.
C. That the Santa Clara County Surveyor has made a final determination that the
boundaries of the area proposed to be annexed are definite and certain, and in compliance
with LAFCO's road annexation policies.
D. That the proposal does not split lines of assessment or ownership and that this fact
has been confirmed by the Santa Clara County Assessor's Office.
E. That the proposal does not create islands or areas in which it would be difficult to
provide municipal services.
F. That the proposal will consistent with the General Plan and Zoning of the City in that
the territory proposed for annexation has a General Plan designation of H-OS (Hillside-
Open Space) and is pre-zoned HR(Hillside Residential).
G. That the territory is contiguous to the existing City limits.
H. That the City has complied with all conditions imposed by LAFCO for inclusion of
the territory in the Urban Service Area of the City.
I. That all property owners within the annexation area have been informed of these
Proceedings and no opposition has been received.
.Near' J. That under Government Code § 56375.3 the City is authorized to waive protest
proceedings entirely pursuant to Part 4 (commencing with Section 57000), based on the
following findings hereby being made by the Saratoga City Council:
1. The annexation is initiated on or after January 1, 2000, and before January 1,
2014.
2. The annexation is proposed by resolution adopted by the City of Saratoga, the
affected city.
3. The territory contained in the annexation proposal meets all of the
requirements set forth in finding J.4 below.
4. The territory to be annexed meets all of the following requirements:
(a) Each unincorporated island does not exceed 150 acres in area.
(b) The territory constitutes an entire unincorporated island located within
the limits of the City of Saratoga.
(c) The territory is surrounded in either of the following ways:
(1) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary.
(2) Surrounded by the city to which annexation is proposed.
(d) The territory is substantially developed or developing, based upon one
or more factors, including, but not limited to, any of the following factors:
(1) The availability of public utility services.
(2) The presence of public improvements.
�-- (3) The presence of physical improvements upon the parcel or
parcels within the area.
(e) The territory is not prime agricultural land, as defined by Section
56064 and as found by LAFCO.
(f) The territory will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves
the annexation of approximately 31 acres of real property entitled `Area STGO1' described in
Exhibits "A" (legal description) and "B" (plat map) attached hereto which includes APNs 503-
09-020; 503-10-006,007,029; 503-80-002,003,005,007,008 and 503-13-038.
BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above-referenced
determination by the County Surveyor, the annexation of the territory is hereby ordered without
any further protest proceedings.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 5th day of
June, 2013 by the following roll call vote:
AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor
Emily Lo, Mayor Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
�..r
Jill Hunter, Mayor
Attest:
CA/10/
y t 1 Bothelio, City Clerk
EXHIBIT "A"
ANNEXATION TO THE CITY OF SARATOGA
"AREA STGO1"
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GEOGRAPHIC DESCRIPTION
All that certain real property situated in the County of Santa Clara, State of California,described
as being a portion of the Southeast Y.of Section 34,Township 7 South,Range 2 West and a
portion of the Northeast�/a of Section 3,Township 8 South,Range 2 West,Mount Diablo Base
and Meridian,further described as follows:
BEGINNING at an angle point in the City Limits Line of the City of Saratoga as established by
the annexation to the City of Saratoga entitled"22600 Mt.Eden Road(Garrod Farms)"recorded
on November 21,2012,in Document No.21967028 as Resolution No.12-049 said angle point
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being the most southwestern corner of said annexation;
Thence along the lines of said"22600 Mt.Eden Road"annexation,the following seven(7)
courses:
(1)North 88°32'20"East, 599.74 feet;
(2)North 29°19'34"East,209.06 feet;
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(3)North 63°27'57"East, 168.63 feet;
(4)South 19°48'26"East,70.51 feet to beginning of a tangent curve to the right having a radius
of 130.00 feet;
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(5)Along the arc of said curve 144.20 feet through a central angle of 63°33'17";
(6)South 43°44'51"West,72.32 feet;
(7)North 88°32'20"East,57.35 feet to a point in the City Limits line of the City of Saratoga as
established by the annexation to the City of Saratoga entitled"22461 Mt.Eden Road"recorded
on September 23,2005,in Document No. 18594591 as Resolution No, 05-053;
Thence leaving the lines of said"22600 Mt.Eden Road"annexation and along the lines of said
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"22461 Mt.Eden Road"annexation,the following eleven(11)courses:
.(8)South 44°18'57"West, 133.94 feet to beginning of a tangent curve to the right having a
radius of 220.00 feet;
(9)Southwesterly along the arc of said curve 111.25 feet through a central angle of 28°58'24";
(10)South 73°1721"West, 13.22 feet to beginning of a tangent curve to the lefft having a radius
of 100.00.feet;
(11) Southwesterly along the arc of said curve 85.17 feet through a central angle of 48°47'58";
(12)South 24°29'23"West,44.74 feet to beginning of a tangent curve to the left having a radius
of 99.63 feet;
(13)Southerly along the arc of said curve 152.32 feet through a central angle of 87°35'55";
(14)South 63°06'32"East,4.09 feet to beginning of a tangent curve to the right having a radius
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of 149.42 feet;
(15)Southeasterly along the are of said curve 8.69 feet through a central angle of 03°19'53";
(16)North 50°37'33"East,236.14 feet;
(17)South 78°38'37"East, 36.98 feet;
(18)South 25°03'21"East, 199.02 feet to a point in the City Limits line of the.City of Saratoga
as established by the annexation to the City of Saratoga entitled"Mt.Eden Road,Foster"
recorded on November 13, 1998,in Document No. 14500297 as Resolution No.98-31;
Thence leaving the lines of said"22461 Mt.Eden Road"annexation and along the lines of said
"Mt.Eden Road,Foster"annexation,the following four(4)courses: •
(19)South 51°27'27"West, 175.35 feet;
(20)South 41°04'00"West, 118.72 feet;
(21)South 01°38'15"West, 73.71 feet to the beginning of a tangent curve to the right having a
radius of 330.00 feet; •
(22)Southerly along the arc of said curve 80.19 feet through a central angle of 13°55'21"to a
point in the City Limits line of the City of Saratoga as established by the annexation to the City
of Saratoga entitled"Mt.Eden Road-Keenan"recorded on May 5,2011,in Document No.
21167289 as Resolution No. 10-067;
Thence leaving the lines of said"Mt.Eden Road,Foster"annexation and along the lines of said
"Mt.Eden Road- Keenan"annexation,the following four(4)courses;
(23)North 88°40'00" West,27.22 feet;
(24)North 72°46'30" West,20.00 feet;
(25)South 17°13'30"West, 107.00 feet;
• (26)South 83°26'30"East,308.06 feet,to the original incorporation line of the City of Saratoga
dated October 22, 1956;
Thence leaving the lines of said"Mt.Eden Road—Keenan"and along the line of said original
incorporation line,the following one(1)course:
(27)South 00°15'19"West, 139.37 feet to a point in the CityLimits line of the City of Saratoga -
as established by the annexation to the City of Saratoga entitled"Mt.Eden Road 79-2(Mares,
Cone&Horvath)"on a Certificate of Completion dated March 19, 1980; •
• Thence leaving said original incorporation line and along the lines of said"Mt.Eden Road 79-2
(Mares,Cone&Horvath)"annexation,the following six(6)courses: .
(28)South 72°17'13"West,258.69 feet;
(29)North 87°40'36"West, 85.80 feet;
(30)North 22°10'36"West,66.00 feet;
(31)North 36°40'36" West, 51.70 feet; •
. (32)South 68°0974"West; 84.47 feet; •
. • (33)North 31°46'36"West, 164.95 feet to a point in the City Limits line.of the City of Saratoga
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as established by the annexation to the City of Saratoga entitled"22490 Mt.Eden Road"
recorded on August 30,2010,in Document No,20847826 as Resolution No.06-078;
Thence leaving the lines of said"Mt.Eden Road 79-2 (Mares,Cone&Horvath)"annexation and
along the lines of said"22490 Mt.Eden Road"annexation,the following two(2)courses:
(34)South 80°55'36"East,83.37 feet;
(35)North 09°35'36"West, 62.70 feet to a point in the City Limits line of the City of Saratoga as
established by the annexation to the City of Saratoga entitled"22480 Mt.Eden Road"recorded
on June 27,2011,in Document No.21218742 as Resolution No. 11-026;
Thence leaving the lines of said"22490 Mt.Eden Road"annexation and along the lines of said
"22480 Mt.Eden Road"annexation,the following eight(8)courses:
(36)North 09°35'36"West,39.38 feet;
(37)North 44°24'06"West,290.99 feet;
(38)North 23°45'36"West, 88.44 feet;
(39)North 00°3273"West, 116.80 feet to the beginning of a non-tangent curve,concave to the
northeast,having a radius of 115.00';
(40)northwesterly along the arc of said curve,a radial to the radius point bears North 05°39'16"
East,an arc distance of 82.30 feet through a central angle of 41°00'08;
(41)North 43°20'36" West, 190.00 feet to beginning of a tangent curve to the left having a radius
�.. of 35.00 feet;
(42)Along the arc of said curve 45.83 feet through a central angle of 75°01'41";
(43)South 61°24'07"West,246.25 feet to said"22490 Mt.Eden Road"annexation;
Thence leaving said"22480 Mt.Eden Road"annexation and along the lines of said"22490 Mt.
Eden Road"annexation,the following eight(8)courses:
(44)North 53°26'36" West, 61.38 feet;
(45)North 25°53'36"West, 66,00 feet;
(46)North 63°58'36"West,50.16 feet;
(47)North 47°52'36" West,75.90 feet;
(48)North 49°26'36"West,73.92 feet; -
(49)North 78°46'36"West,54.12 feet;
(50)South 76°01'24"West, 55.44 feet; • . ,
(51)North 28°31'57"West, 156.65 feet to a point lying on the southerly line of Tract No. 8456,
filed April 19, 1996,in Book 675 of Maps at Page 37,Santa Clara County Records;
• Thence leaving the lines of said"22490 Mt.Eden Road"annexation and along the lines of said
Tract 8456,the following ten(10)courses:
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(52)North 89°43'42"East, 196.92 feet;
(53)North 20°42'41"East, 86.73 feet;
. (54)North 23°12'41"East, 105.60 feet;
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(55)North 10°27'41"East,95.70 feet;
(56)North 01°57'41"East,213.18 feet;
(57)North 27°47'19"West, 81.84 feet;
(58)North 02°17'41"East, 89.76 feet;
(59)North 10°57'41"East, 108.90 feet;
(60)North 29°12'41"East, 105.60 feet;
(61)North 12°47'19"West,300.30 feet to the southwest corner of that certain parcel of land •
described in the deed to Demaree,recorded November 20, 1992,in Document No. 11652813 and
shown on the Record of survey filed in Book 218 of Maps at Page 42,Santa Clara County
Records;
Thence leaving the lines of said Tract 8456 and along the lines of said Demaree parcel,the
following two(2)courses:
(62)North 21°45'46"East, 188.27 feet;
(63)North 00°43'06"East, 145.74 feet to a point on the southwesterly line of Mt.Eden Road
(width varies)and-said"22600 Mt.Eden Road(Garrod Farms)"annexation;
Thence leaving the lines of said Demaree parcel and along the southwesterly line of said Mt.
Eden Road and said"22600 Mt. Eden Road(Garrod Farms)"annexation,the following eight(8)
courses:
(64)South 41°46'23"East, 122.08 feet;
(65)South 56°49'11"East,75.95 feet;
(66)South 12°23'23"West,55.90 feet;
(67)South 09°00'44"East, 136.24 feet;
(68)South 24°06'01"East,204.84 feet;
(69)South 71°48'19"East,373.10 feet;
(70)North 84°38'17"East, 51.63 feet;
(71)South 71°21'36"East,47.27 feet;
Thence leaving said southwesterly line of Mt.Eden Road and continuing along the lines of said
"22600 Mt.Eden Road(Garrod Farms)"annexation,the following seven(7)courses:
(72)South 24°00'00"West,208.29 feet; •
(73)South 06°30'00"East,45.54 feet;
• (74)South 39°00'00"West, 151.14 feet;
(75)South 60°05'00"West, 163.02 feet;
(76)South 03°30'00"West, 170.94 feet;
(77)South 19°45'00"West, 138.60 feet;
(78)South 11°30'00"East, 110.22 feet to the POINT OF BEGINNING.
Containing 31.44 acres,more or less.
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AO*.Milted,
William F. lepniko , • K 570 � * No.870I
Deputy County Surveyor,County of Santa Clara s EXP.aachz r
Date: .5.51,2q j9 .��CALSio-��
For assessment purposes only.This description of land is not a legal property description as
defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the -
land described. -
END OF DESCRIPTION
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DISCLAIMER: N 1
" FAR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND =,
IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE 503-10-007
o ' ' SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASS
IAINr6 OR D6IINIFk =�
MEADOW DR ' FAR AN I FER FOR SALE OF LAND DESCRIBED. DOG Na Doge 1-J U
DIE *.N
X .
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" ANNEX. AREA s 31.44 ACRES f ?00 CP MT£jyr �-.
IN r GRAPHIC SCALE IRTIN 1%76458 40 ■
1 IN m 400 F7 % (tip
LOCATION MAP �' it ill
N.T:S. o� !.r ••'1:6 1.„
UNE TABLE UNE TABLE UNE TABLE 503-10-006 d> Sri,'
COURSE' BEARING IDISTANCE COURSE BEARING •DISTANCE COURSE BEARING DISTANCE "3i '� LIT.EDEN RD. • •
2 N29'19'34"E 209.06' 43 561'2407'W •246.25' 78 503'30'00"W 170.94' ORCHARD' 6ARROD FARM
3 N63'27'S7"E ,168.63' 44 'N53'26'36"W 61.38' 77 519 45'00"W 138.60' C' VILLA OAKS I N.
4 S19748'26'E 70.51' 45 N25'53'36"W 66.00' 78 S1130'00"E 110.22'
6 S43'4(51"W .72.32' 46 N63'58'36"W 50.16' • iZ" 0
7 N883220"E"57.35' 47 N47'52'361W 75.90' CURVE TABLE .T�
8 S44'18'57"W 133.94'. 48 N49'26'36'19 73.92' COURSE RADIUS DELTA. LENGTH iv ! 503-10-029
10 S7317'21"W 13.22' ' 49 N78'46'36"W 54.12' 5 130.00' 6333'17 14420' - 0 ' 0
12 S2429'23"W 44.74' 50 S76'01'24'* 55,44' 9 220.00' 28'5824" 111.25' i' • P.O.B. �_.Q1 N88'32'29 E O�� `vs.just
14 S63'06'32°E 4.09' 51 N2831'57"W 156.65' 11 100.00' 48'4758" 85.17' 599 74 •
16 N5037'33"E 236.14' 52 N89'43`42`E 196.92' 13 99.63' 87'35'55' 152.32' I' qii 503-60-005 « •' ",.ge 503-80-007 S> �' 0 =7a max
' 17 S78•38'37"E 36.98' 53 N20'42'41"E 86.73' 15 149.42' 03'19'53" 8.69'. • `'I MT.EDEN
18 S25'03'21"E 199.02' 54 N23'12'41"E 105.6Q 22 330.00' 13'55'21' 80.19' 22490'4 EDEN-I + •• 1 , O ,E� R040'+ E
19 S5127'27'W 175.35' 55 N10'27'41"E 95.70' 40 115.00' 41'00°08" 82.30' ROAD ANNEX - PP 1-' •. aI o� L '
20 S41'04.00'W 118.72' 56 N015741'E 213.18' 42 35.00' 75'01'41' 45.83 LEGEND \ •t'l ,� ` •
•21 SO138'15'W 73.71' 57 ' N27'47'19'W 81.84' BOUNDARY UNE OF I' A\ w' {` �, 1 :" t,.
23 N88'40'00"W 27.22' 58 NO2'1741'E 89.76' PROPOSED ANNEXATION
24 N72'46'30'W 20.00' .. 59 N10'57'41ME 108.90' ■ -••-••- EXISTING SARATOGA \
I
\ �_�_� 4T' 503-80-003
25 517'13'30 W 107.00' 60 N29'12'41 E 105.60' s
' 0 D,� ,) CITY OMIT UNE ■` -
g FOSTER ANNEX.• 26 S8326'30`E 308.06' 61 N12'4719'W 300.30' ` n " A__-- 22480 MT. y,y
27 S00151919 139.37' 62 N21'45'46"E 188.27' ¢� A
. , - ANNEXATION LINE ROAD ANNEX. `\ 11 �• j vZ,
28 S72'17'13`9 258.69'_ 63 N00'43'06'E 145.74' ° , `,, " m I P.O.B. POINT OF BEGINNING 22490 MT EDEN \`\•, �- - MT.EDEN ROAD-
29 N87'4d36"W 85.80' 64 S41'46 23'E 122.08' ' ` ,,. , , *; ANNEX. ANNEXATION ROAD ANNEX a; i a KEENAN ANNEX •
30 N22'10'36'1Y 66.00 65 556'49'11*E'75.95' l! 1 icz
31 N36'4d36"W 51.70' _ 66 S12'23'23"YQ 55.90' t1►. l
q-` N.T.S. NOT 10 SCALE 503-'' I'f 503-13416 '
32 S68'09'24.W 84.47' 67 • 509'00'44'E 136.24' �" 'e Op co,11�o% .. 503-10-006 ASSESSOR'S PARCEL NUMBER (."�f� 'Zia...
33 N3146'36"W 164.95' 68 S24,'O6'01"E 204.84' 1p. COURSE NUMBER NT.EDEN ROAD--� i , \ -• . SARATOGA AO0G
34 36"E 83.37 - 69 S71'48'19"E• 373.10'• (R) RADIAL BEARING • 79-2 ANNEX 6
35 N0915'36'W 62.70' 70 N8438'17 51:63' SCALE:1" s 400,
36' NO9•'45'36'W 39.38' 71 571'21'p F 47.27' • COUNTY OF SANTA CLARA . • EXHIBIT'S' •
DATE 03/28/13
37 N4A•24'06'W 290.99'' 72 524."0000 W 208.29' OFFlCEOF THE CO11NiYSURYFlOR AREASTGO1 •
• 38 N2345'36"W 88.44'. 73 S0630'00"E 4154 • ,,,,,-'.....,-.::.`t.,,,101 1� ANNEXATION TO THE CITY OF SARATOGA DRAWN:CW •
39 .N00'32'23"W 116.80' 74 •S39'00`00"W 151.14' �.L:c. �,, DUNG A PORTON OF THE SOU1HEAST 1/4 OF SECTION 34,T.7S,R.2W.NI) CHECKED':ES
.41 N43'20'36'W 190.00' 75 ,S60'05'00'W 163.02' 't,Vii,' sw,ps�E r cao iiiii A PORTION OF THE NORTHEAST 1/4 OF SECTION 3„T.8 S„R2 W.,ILD.B.&11. JOB NO:STcm '
. • (40e)299-573D(406)275-6412 FAx COUNTY OF SANTA*CLARA, CAUFORNIA .. ■SHEET: 1 OF 1