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HomeMy WebLinkAboutCity Council Resolution 98-31 RESOLUTION NO. 98-31 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: Mount Eden Road, Foster, APN 503-13-122 WHEREAS, Foster C'Petifioner") has 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 Mount Eden Road, Foster, APN 503-13-122; and WHEREAS, the City Council is the duly designated conduction 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; Co) That the ten'itory 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 CounW 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 of 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 A-98-001- Foster: Mount Eden Road WHEREAS, the proposed annexation is exempt from the requirements of the Califomia Environmental Quality Act, NOW THEREFORE, the City Council oft he City of Saratoga hereby resolves and orders that the property described in Exhibit "A" attached hereto, commonly known as Mount Eden, Foster APN 503-13-122, 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 conduction authority, reorganized such property as indicated above without notice or heating, 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 16tu day of September, 1998 by the following vote: AYES:Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe NOES:None ABTAIN: / ATTic~ City Clerk Westfall Engineers, Inc. "EXHIBIT A" Annexation to: CITY OF SARATOGA Name of Annexation: LANDS OF KIM FOSTER, APN 503-13-122 Date: July 17, 1998 REVISION DATE: August 18, 1998 All that certain real property situate in the County of Santa Clara, State of California, being described as follows: Beginning at the most southwesterly comer of the gross 2.190 acres parcel shown on the Record of Survey map for Mrs. Donald Warfield, filed in Book 128 of Maps, at page 25, Santa Clara County Records; thence South 72 Degrees 46 Minutes 30 Seconds East a distance of 20.00 feet and South 88 Degrees 40 Minutes 00 Seconds East a distance of 27.22 feet to the True Point of Beginning of this description, being a beginning of a 330.00 foot non-tangent curve, concave to the West, a radial to said beginning bears South 74 Degrees 26 Minutes 24 Seconds East; thence Northerly, along said curve, through a central angle of 13 Degrees 55 Minutes 21 Seconds an arc distance of 80.19 feet; thence tangent to said curve, North 01 Degrees 38 Minutes 15 Seconds East a distance of 73.71 feet; thence North 41 Degrees 04 Minutes 00 Seconds East a distance of 118.72 feet; thence North 52 Degrees 21 Minutes 00 Seconds East a distance of 152.13 feet to existing City Boundary as established by Original Incorporation; thence along existing City Boundary South 02 Degrees 32 lVfmutes 00 Seconds West a distance of 254.66 feet; thence leaving existing City Boundary South 53 Degrees 00 Minutes 00 Seconds West a distance of 137.78 feet; thence North 88 Degrees 40 Minutes 00 Seconds West a distance of 91.24 feet to the True Point of Beginning of this description.