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HomeMy WebLinkAboutCity Council Resolution 03-046 approving annexations of APN 510-24-002, 510-24-027, 510-24-003 RESOLUTION NO. 03-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION OF THREE PARCELS OF LAND, APN 510-24-002, 510-24-027, AND 510-24-003 WHEREAS, the City Council has received an application for the annexation ofthree parcels of land, APN 510-24-002, 510-24-027, and 510-24-003 on Redberry Drive contiguous to the City of Saratoga and described in Attachment A hereto in order to provide for use of City services and to apply the terms of the City General Plan and City Code to development proposals initiated after completion of the annexation; and 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 proposed properties to be annexed on Redberry Drive are in the City of Saratoga's Urban Service Area and Sphere ofInfluence and are Prezoned Hillside Residential; and WHEREAS, all property owners of the annexed properties have agreed to the annexation by means of a preannexation agreement approved by the City Council attached hereto; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and determined that said territory has four registered voters and is therefore considered uninhabited for the purposes of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby makes the following findings based on the information presented in the staff report attached to this resolution as Attachment B: A That the annexation is exempt from the California Environmental Quality Act CEQA pursuant to section 15319 of the CEQA Guidelines; B. That the unincorporated territory to be annexed is within 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 preliminary determination that the boundaries of the area proposed to be annexed are definite and certain, and in compliance with LAFCO's road annexation policies and that this resolution shall become effective only upon receipt by the City Clerk of the City of Saratoga of a final determination by the County Surveyor that the boundaries of the proposal 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 is consistent with the adopted general plan of the City and that the property has been prezoned with the designation Hillside Residential. 1 G. That the territory is contiguous to the existing City limits. H. That the city has complied with all conditions imposed by the LAFCO for inclusion of the territory in the urban service area of the City. L That there are no agencies that would lose or gain territory as a result of the annexation. J. That all property owners within the annexation area have been informed of these proceedings and no opposition has been received. BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above-referenced determination by the County Surveyor, the annexation of the three parcels is hereby ordered without any further protest proceedings and that upon completion of these proceedings the territory will be annexed to the City of Saratoga which the City will receive taxes upon in accordance with the previously approved tax exchange agreement. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends the City boundary to include the three parcels of land, APN 510-24-002, 510-24-027, and 510-24-003 on Redberry Drive into the City of Saratoga effective upon the completion of these proceedings_ Attachments A - Description of Property to be Annexed. B - Annexation Staff Report for Meeting Dated July 16, 2003 The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of July 2003 by the following vote: AYES: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit NOES: None ABSENT: Councilmember Stan Bogosian ABSTAIN: None Nic~reit, 2 EXHIBIT "A" Annexation to City of Saratoga Name of Annexation Redberry 2003-1 Date: June 20, 2003, REVISED September 29, 2003. All that certain real property situated in the County of Santa Clara, State of California, described as follows: Beginning at the most Southerly corner of that certain 17.00 acre tract of land deeded to J.W. Rowe by Mrs. Delilah Bainter by deed dated June 7, 1887 and recorded in Book 101 of deeds, Page 514, in the Office of the County Recorder of Santa Clara County. California, and running thence along the boundary of the City of Saratoga by Annexation Bainter 1985-1 North 45 Degrees 15 Minutes West a distance of 313.24 feet, North 68 Degrees 15 Minutes East a distance of 292.08 feet, and South 87 Degrees 04 Minutes East a distance of 39.60 feet to the most southerly corner of that certain tract of land deeded to Bahram Navi and Maryam Tabatabaei, husband and wife by a Grant Deed recorded on November 27, 2002, document number 16646055, Santa Clara County Records, and the True Point of Beginning of this description; thence Northwesterly, along Southwesterly boundary of above referenced tract of land deeded to Bahram Navi and Maryam Tabatabaei North 43 Degrees 12 Minutes 30 Seconds West a distance of 311.30 feet to the Southerly right of way of Redberry Drive; thence Northeasterly along said southerly right of way of Redberry Drive North 30 Degrees 06 Minutes 00 Seconds East a distance of 4.00 feet; thence North 49 Degrees 49 Minutes 00 Seconds East a distance of 90.36 feet; thence North 50 Degrees 50 Minutes 00 Seconds East a distance of 75.02 feet; thence North 00 Degrees 04 Minutes 00 Seconds East a distance of 40.34 feet; thence North 41 Degrees 10 Minutes 00 Seconds East a distance of 86.13 feet; thence North 38 Degrees 31 Minutes 59 Seconds East a distance of 38.67 feet to the beginning of a 25.00 foot non-tangent curve, concave to the East, a radial to said beginning bears North 49 Degrees 38 Minutes 00 Seconds West; thence leaving Southerly right of way of Redberry Drive and running Southerly along said curve, through a central angle of 83 Degrees 42 Minutes 50 Seconds an arc distance of 36.53 feet; thence tangent to said curve, South 43 Degrees 20 Minutes 50 Seconds East a distance of 108.50 feet; thence South 82 Degrees 13 Minutes 00 Seconds East a distance of 92.33 feet; thence North 05 Degrees 03 Minutes 00 Seconds West a distance of 56.28 feet; thence North 18 Degrees 41 Minutes 00 Seconds East a distance of 59.67 feet; thence North 73 Degrees 08 Minutes 00 Seconds East a distance of 98.00 feet; thence North 80 Degrees 00 Minutes 30 Seconds East a distance of 146.73 feet to the Westerly line of Annexation Bainter 1-79; thence Southwesterly along the Westerly line of Annexation Bainter 1-79 South 30 Degrees 06 Minutes 36 Seconds West a distance of 204.73 feet; thence South 42 Degrees 06 Minutes 37 Seconds West a distance of 62.33 feet; thence South 54 Degrees 22 Minutes 26 Seconds West a distance of 82.50 feet; thence South 47 Degrees 41 Minutes 00 Seconds West a distance of 35.65 feet to the Southwesterly corner of said Annexation Bainter 1-79, being also Northwesterly corner of Annexation Bainter 1985-1; thence Southwesterly along the Westerly line of said Annexation 1985-1 South 32 Degrees 42 Minutes 00 Seconds West a distance of 206.24 feet; thence South 56 Degrees 30 Minutes 00 Seconds West a distance of 80.15 feet to the True Point of Beginning of this description. Containing 3.105 Acres, more or less. 7 ~ ~ ?t~ .", '" '" cr- "'-S) ~ -. <>- , "" ~<r)\ "'-.., ..~ ~ ,?p, \-i ,0° 1'7' ~ ll'íf;' ,\~ ~ '-9 011,-<1 'i\~ ~ ~ '¡,~ ~ / ,~t ~ '~/Ì<-, ~ ,~ 1'\ ~ ~~ :q: ,~, t) );( .W ~ ,~II. ~ ~~? t! ¥~ ~ '1'\ :""l/.^. ~ èJ f'tv _ __ ~ '1 ---- - ¥ LJ 'I( Q \ ~ r-j ~ \. --- ~~ ~\~ - -~~~ -::. ~ ~ ~ ~ \ ~~~ ~.... .~ ~ '-~ )r~' ~ ·~Ò P' «(9# tI,Qt>¡o.,- f ~ß I O~// 'V'f ~ '~f ,~ (g'òr f \x VIC/NITY MAP 5ÞoR~'\OG~ AUSTIN r _ BAINTER .~ ,~. .~\ ~ l~' . ''.Ie . k'V¡P' , 'ò" 1_' éJ' " ~/¡" \'" '? ~ 4 Iv N43°"b .. /0 ..s-O~ _ _ _ 8·S-0· - .-'/0 - <'4 - 00..;> --- /Y..¡t3° /'¿> '" 30 .~ "3//. 30' W -- .BAINT£I? AV, ~ I "- ~ K ~ ~ < )... '0 h. ~ ~ ~ l.u ~ ~ < " ~ ~ tQ ~ ~ ~ ~ --'\ "- I ~ ~ t ? iI.¡'t l' ,,' +'?- i \~;; J.. ~ \ tJ /y¢.b~/s'/(/ =- ~ 3/3.2';; '-.'C "" "? REJ//S.E.2) 07'-/'7-(/3 P.£tJ.Pt:JSE.lJ ANNEMT/Q,N 70 C/TY Or J'ARATOGA ENT/ TLELJ ~£/)ßERRY ¿O()3 -.1 L>AT£: ./VN£ 20. ,&:)03 SC4L!:.· / N = /t?o .. County of Santa Clara Environmental Resources Agency Office of Development Scrvices County Government Center, EðSf Win~ 70 West Hedding Street. 7th Floor San Jose. CaHfomia 95 \ 10 Bldg. Inspec. (4G8) 299-5700 Land oeveJ. 299-5730 FAX 279-8537 w\IVW.sccbuilding.org September 29, 2003 Cathleen Boyer, City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 The attached map dated September 19,2003 and description dated September 29, 2003 of territory proposed to be annexed to the City of Saratoga entitled REDBERRY 2003-1 is in accordance with Government Code Section 56757 (c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. Very truly yours, /72aÆ~ ¡Y.1n::vJcøjf- MARTIN D. MARCOTT, PLS County Surveyor Enclosures C: LAFCO Executive Director (w / attachment) John F. Livingstone, AICP Board of Supervisors: Donald F Gage. Blanca Alvarado. Pete MCHugh. James T Beall. ./r.. Liz Kniss Acting County Executive: Peter Kutras, Jr. ~ 8-010 EXHIBIT nAil Annexation to City of Saratoga Name of Annexation Redberry 2003-1 Date: June 20, 2003, REVISED September 29, 2003. All that certain real property situated in the County of Santa Clara, State of California, described as follows: Beginning at the most Southerly corner of that certain 17.00 acre tract of land deeded to J.W. Rowe by Mrs. Delilah Bainter by deed dated June 7, 1887 and recorded in Book 101 of deeds, Page 514, in the Office of the County Recorder of Santa Clara County, California, and running thence along the boundary of the City of Saratoga by Annexation Bainter 1985-1 North 45 Degrees 15 Minutes West a distance of 313.24 feet, North 68 Degrees 15 Minutes East a distance of 292.08 feet, and South 87 Degrees 04 Minutes East a distance of 39.60 feet to the most southerly corner of that certain tract of land deeded to Bahram Navi and Maryam Tabatabaei, husband and wife by a Grant Deed recorded on November 27, 2002, document number 16646055, Santa Clara County Records, and the True Point of Beginning of this description, thence Northwesterly, along Southwesterly boundary of above referenced tract of land deeded to Bahram Navi and Maryam Tabatabaei North 43 Degrees 12 Minutes 30 Seconds West a distance of 311.30 feet to the Southerly right of way of Redberry Drive, thence Northeasterly along said southerly right of way of Redberry Drive North 30 Degrees 06 Minutes 00 Seconds East a distance of 4.00 feet, thence North 49 Degrees 49 Minutes 00 Seconds East a distance of 90.36 feet, thence North 50 Degrees 50 Minutes 00 Seconds East a distance of 75.02 feet, thence North 00 Degrees 04 Minutes 00 Seconds East a distance of 40.34 feet; thence North 41 Degrees 10 Minutes 00 Seconds East a distance of 86.13 feet, thence North 38 Degrees 31 Minutes 59 Seconds East a distance of 38.67 feet to the beginning of a 25.00 foot non-tangent curve, concave to the East, a radial to said beginning bears North 49 Degrees 38 Minutes 00 Seconds West, thence leaving Southerly right of way of Redberry Drive and running Southerly along said curve, through a central angle of 83 Degrees 42 Minutes 50 Seconds an arc distance of 36.53 feet; thence tangent to said curve, South 43 Degrees 20 Minutes 50 Seconds East a distance of 108.50 feet; thence South 82 Degrees 13 Minutes 00 Seconds East a distance of 92.33 feet; thence North 05 Degrees 03 Minutes 00 Seconds West a distance of 56.28 feet; thence North 18 Degrees 41 Minutes 00 Seconds East a distance of 59.67 feet, thence North 73 Degrees 08 Minutes 00 Seconds East a distance of 98.00 feet; thence North 80 Degrees 00 Minutes 30 Seconds East a distance of 146.73 feet to the Westerly line of Annexation Bainter 1-79; thence Southwesterly along the Westerly line of Annexation Bainter 1-79 South 30 Degrees 06 Minutes 36 Seconds West a distance of 204.73 feet, thence South 42 Degrees 06 Minutes 37 Seconds West a distance of 62.33 feet; thence South 54 Degrees 22 Minutes 26 Seconds West a distance of 82.50 feet, thence South 47 Degrees 41 Minutes 00 Seconds West a distance of 35.65 feet to the Southwesterly corner of said Annexation Bainter 1-79, being also Northwesterly corner of Annexation Bainter 1985-1; thence Southwesterly along the Westerly line of said Annexation 1985-1 South 32 Degrees 42 Minutes 00 Seconds West a distance of 206.24 feet, thence South 56 Degrees 30 Minutes 00 Seconds West a distance of 80.15 feet to the True Point of Beginning of this description. 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