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HomeMy WebLinkAboutCity Council Resolution 96-25 RESOLUTION NO. 96-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AND ORDERING ANNEXATION TO THE CITY OF CERTAIN UNINCORPORATED TERRITORY COMMONLY KNOWN AS: Peach Hill Road, Wilson/Davison, APN# 517-23-026 WHEREAS, Wilson/Davison ("Petitioners") have submitted a petition for annexation to the City of Saratoga of certain real property located in the County of Santa Clara, as described in Exhibit "A", attached hereto and made a part hereof, commonly known as Peach Hill Road, Wilson/Davison, APN# 517-23-026; and WHEREAS, the City Council is the duly designated conducting authority for proceedings to annex said property, pursuant to Section 56826 of the Government Code; and WHEREAS, in accordance with the provisions of Section 56826 of the Government Code the City Council has found and determined as follows: (a) That the petition has been executed by all of the owners of the territory to be annexed; (b) That the territory to be annexed is contiguous to the existing limits of the City of Saratoga and located within the urban service area of the City, as adopted by the Santa Clara County Local Agency Formation Commission ("the Commission"); (c) That the territory to be annexed is uninhabited, as defined in Section 56046 of the Government Code; (d) That the surveyor for the County of Santa Clara has determined the boundaries of said property to be definite and certain, and in compliance with any applicable road annexation policies of the Commission; (e) That the proposed annexation will not split lines of assessment or ownership; (f) That the proposed annexation will not create islands or areas in which it would be difficult to provide municipal services; (g) That the proposed annexation is consistent with the General Plan as adopted by the City; (h) That no conditions have been imposed by the Commission, or remain to be satisfied by the City, for inclusion of said property in the City's urban service area; (i) That the land use designation of the territory to be annexed, as contained in the City's General Plan, has not been changed from the time the City's urban service area was adopted by the Commission; and WHEREAS, the proposed annexation is exempt from the requirements of the California Environmental Quality Act, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves and orders that the property described in Exhibit "A" attached hereto, commonly known as Peach Hill Road, Wilson/Davison, APN# 517-23- 026, be and the same hereby is reorganized and annexed to the City of Saratoga, such annexation to be effective on the date this resolution is adopted. The City Council, as conducting authority, reorganized such property as indicated above without notice or hearing, it being found that the territory annexed hereby is uninhabited and all of the owners of such territory have been filed a written petition for the City Council to initiate such reorganization. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of May, 1996, by the following vote: AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor ~acobs NOES: None ABSENT: NoDe ABSTAIN: None ATTEST: CITY DURYEMCARROLL , Engineers and Surveyors "EXHIBIT A" Annexation to CI~ OF SARATOGA ..... Name of Anncntion . PEACH....ITXlLL ROAD-WILSON/DAVISON Date JanuS. 1996. Revised March 1996, Revised April 23. 1996 De~ption All that certain real property situate in the County of Santa Clara, State of California being described as follows: That certain Parcel of land conveyed to Raj K. Raheja and Kanak H. Raheja, husband and wife, as ~joim tenants, by that certain Grant Deed Recorded on June 30, 1989 in Book L004, at Page 185, of the Official Records of Santa Clara County and a portion of Peach Hill Road and being described as follows; BEGINNING at a point in the Northeasterly line of Peach Hill Road, as said road was realigned and established in 1957, and as shown upon the Map of Record of Survey film for Record on May 15, 1958, in the Office of the Recorder of the County of Santa Clara, State of California, in Book 93 of Maps, at Page 32, distant along the Southeasterly and Northeasterly line of said Peach Hill Road North 4° 10' East 0.27 feet, North 20° 18' East 89.53 feet and North 47° 41' West 40.00 feet from the point of intersection of said line of Peach Hill Road with the Southwesterly line of that certain Parcel of land conveyed by Roy Eugene Lowcry, etux, to William S. Thompson, by Deed dated July 15, 1957, and Recorded July 16, 1957, in Book 3844 of Official Records, Page 584, Sama Clara County Records, said point of baginning also being the most Westerly comer of that certain 1.0014 acre parcel ofland conveyed by William S. Thompson, a single man, to W. R. McMahon, etux, by Deed dated August 6, 1959 and Recorded August 19, 1959, in Book 4519, of Offieiai Records at page 271; thence from said point of beginning running along the Westerly and Northerly line of the parcel, so conveyed to McMahon the following three courses and distances: North 27° 13' 26" East 81.00 feet to an iron pipe, North 15° 34' 33" East 120.25 feet to an iron pipe and North 1t4° 42' 43" East 284.83 feet to a 2" x 3" hub set in the Easterly line of Lot 32 as shown upon Map No. 2 of the Subdivision of part of the Glen Una Ranch hermailer referred to; thence along the Easterly line of said Lot 32 North 18° 40' 42" East 94,93 feet to an iron pipe and North 4° 2T 00" East 46.20 feet to an iron pipe set at the Northernmost comer fithat certain 2.56 acre Tract of land described in the Deed from H.B.Finch Shaw, et vir, to Phillip T. Ortnum, Jr., etux, dated November 14, 1927, and Recorded November 16, 1927 in Book 344 of Official Records, Page 103, Santa Clara County Records, said poim being in the existing City Limit Line of the City of Saratoga as established by that certain annexation PEACH HILL PROJECT; thence along said City Limit Line and leaving said Easterly line of said Lot 32 and running Southwesterly along the Northweste~y line of said 2.56 acre Tract the following coursea and distances: South 65° 09' 25" West 297.40 feet to an iron pipe, South 88° 20' 13" West 155.78 feet to an iron pipe and South 34°36' 13" West 115.36 feet (116.35 feet per annexation) to the centerline of Peach Hill Road; thence leaving said 2.56 acre Tract and continuing along said annexation PEACH HILL PROJECT South 81 ° 47' West 20 feet more or less to the Westerly side of Peach Hill Road, 40 feet wide as shown upon the Map of Record of Survey filed for Record on August 3, 1959, in the office of the recorder of the County of Santa Clara, State of California, in Book 110 of Maps, at Page 13, and the City Limits of the City of Saratoga as established by ORIGINAL INCORPORATION on October 22, 1956; thence Southerly along the Westerly side of Peach Hill Road (40 feet wide) and said ORIGINAL INCORPORATION South 18° 59'47N East 40.52 feet to a point which is on the Westerly fight- of-way line of Peach Hill Road at the Southerly line of said Record of Survey Map, said point also being a point in the existing line of the City of Saratoga as established by that certain annexation SARATOGA 1983-1; thence South 18°59'47'' East 58.50 feet; thence South 47° 56' 27" East 43.50 feet; thence leaving the said existing city limit line of the City of Saratoga South 47° 56'27H East 55.04'; thence leaving the Westerly line of Peach Hill Road North 27° 13' 26" East 41.47 feet to the said point of beginning of this description, containing 1.21 acres, more or less, and being a potion of the land shown upon the above mentioned Record of Survey, and also being a portion of Lots 31 and 32 as shown upon that certain map entitled N Map No. 2 of the W. S. CLAYTON, J. R. CHACE, E. SHELINGSBURG and J.P. DORRANCE SUBDIVISION of the GLEN UNA RANCH*, and which said map filed for record in the office of the Recorder of the County of Santa Clara, State of Califorr~a, on February 9, 1921, in Book ~P" of Maps at Pages 53 and 54. NORTHERNMOST CORNER 2.56 ,, ACRE TRACT (344. O.R, 103) NORTHERLY UNE 2.56 ACRE (344 O.R. 103) E=sn.G C,T L, MtT L, NE OF ~E O~ OF ~RATOGA AS ESTABUSHED BY ANNEXA~ ( PEA~ HILL PROJECT ) NOR~ERLY UNE (~19 O.R, 271) ' ~' ES~RLY LINE "A.P, (4519 O.R. 271) AREA = 1.21 A~ES E~S~NG CI~ LIMIT UNE. OF ~E CI~ OF SARATOGA ~ ESTABUSHED BY ANNEXA~ON ( P~CH HI~ PRO~CT ) EAS~RLY ~NE ~ S 87'41' W 20'~ LINE PEACH HILL ROAD EGEND ~C~/ EXHIBIT B -- PRoPER~ UNE Q~ UMI~ EXIS~NG CI~ UMIT UNE- / ANNE~ -- ~N~RLINE OF ~E CI~ ~ S~ATOGA TO ~E CI~ OF SARAT~A AS EST~LISHED BY ANNEXA~ EN~ REV. APRIL 1996 ( SARATOGA 1983-1 ) P~ HI~ RO~-~L~N~A~N IIIIII III I IIII II II III IIII ir 2 s o Drown By:. TRS ~$~m~o~s~f.~Tso2 Dote: JANUARY. 1996 Check By:. MJD 7_' Job No. 95-301 IIII I III I III I I II III I