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HomeMy WebLinkAboutCity Council Resolution 921 RESOLUTION NO. 921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ANNEXATION (UNINHABITED TERRITORY - ALL LANDOWNERS CONSENT) WHEREAS, on the 1st day of Harch, 1978, pursuant to petition and consent by all the owners of the land hereinafter described, which land is uninhabited within the terms and meaning of the Municipal Organization Act of 1973, the Local Agency Formation Commission of Santa Clara County passed and adopted Resolution 78-57 approving the hereinafter described annexation, a copy of which resolution being attached hereto as an exhibit and incorpor- ated herein by reference, and which resolution designates this City as the conducting authority for said annexation proceedings, and authorizes the same to be held without notice and without hearing, and without an election, pursuant to Government Code Section 56439.5, and WHEREAS, the territory proposed to be annexed is contiguous to the City of Saratoga and is uninhabited as determined by the Corrnnission in its resolution, and is designated as "Mt, Eden Road 77-1 (Horvath)", and is described on Exhibit "A" attached to Resolution 78-57 attached hereto, and there are no terms or conditions to which said annexation need be made subject by this City except the payment of requisite fees to Cupertino Sanitary District, and this Council is desirous of proceeding with approval of said annexation without the necessity of notice or hearing, and without any election, NOW, THEREFORE, the City Council of the City of Saratoga does hereby approve and order the annexation of the territory hereinafter described to the City of Saratoga, the Saratoga Fire District, and the Cupertino Sanitary District, and does hereby declare that said territory to be annexed to said City, Fire District, and Sanitary District, said annexation to become effec- tive at such time as the requisite acreage fees, as set forth in Article III, Section 4300 of the Cupertino Sanitary District Operations Code, have been paid in full to said district. The territory, the annexation of which is hereby approved, is all that certain real property situated in the County of Santa Clara, State of California, more particularly described in Exhibit "A" attached to LAFCO Resolution 78-57 attached hereto, and incorporated herein by reference. The above and foregoing resolution was regularly passed and adopted by the City Council of the City of Saratoga at a regular meeting thereof held on the 7th day of November , 1979 by the following vote. AYES: Councilmen Kalb, Motteoni, Calton, Kraus & Corr NOES: BøJw ABSENT: Honø. ......... I 'I ~ (,.. . l ··\i\.... ~ i, ",,'i 1, '".,,1 ,,'- /(.(, if.." :.' \':. .l 'le' Jl/:l I : ~\'I' ",/' ''-t .", "{,, t ,.' !:'-':'~YOR ATTES~·~·'···,.. ..... c.... ..'..........'.,..-.."~ ("'."""~. ....". . ........ "'''.~' ".....~þ. CITY CLERK \ i ., ~ ". \. I ';---.'--- LOP/" \ '(.' 'I {L r-,) ;1 :.=u tr- r-''''f ...... v .' y ..__ U 11.1 "'" JEER EXHIBr \" June 26, 1977 DESCRIPTION OF A. P. #503-13-56 Begi-nn1ng at a point on the r orthwesterly line of that certain parcel of land conveyed in the deed from Anthony Cocciardi, et al, to Donald R. Harfie1d et ux. dated AUGust 6, 1959 and recorded September 14, 1959 )nJ3E.º~.A543 J~f .D.fficial- Records, page 334, distant thereon North 17° 13' 30" East, l07~OO feet frem an 1 ro~ pi pe set at the South\':es terly corner thereof; I /~ (:'. ("l ( . thence from said Point of Beginning,along said ~ North\'lesterly line North 17° 13' 30/1 East, 1-~ feet; . thence leaving said line t:of~th 41° 041 E~st 154.29 feet; then~e North 52° 211 East 172.00 feet to a point on the camInon line of Sections'2 and 3, TO\'lnship 8 South, . Range 2 llest, M. D. 'B. & H.. said common section line being also the boundary line of the City Df Saratoga and the Saratogð Fire District; tnence along said common section line South 245.00 feet; thence leaving said comon section lineSouth 530 00' Hest 180 feet to an iron pipe from which the pOint of beginning of this description bears North 680 40' West 118,46 feet and North 72° 461 30u ~est 20 feet; thence North 88° 40' Hest 118.46 feet; thenee t10rth 720 46' 30n ~'!est 20 feet to the Point of Beginning. .R \1' . .,'!=NT IS A 0''- tr": INS1~U."''''' -''NÀ\. tue; fO?.£;G u'.-..:1 .- _~t~ 0. ' :-;., \\;11 nlr .O:"{ O. . I - l""OàR'CT C " ", t~ '0~\r..t" '-'f~Š1~ t;Ot·};.~~ I'~.Ù~E.RV\SORS ~1ERK,ß~.ß ..,~D o~- f¡;~ L~ ' - ßY to·' Deputy C\er\c. DA1ë\ f>3~77 '" ~ .'-" ¡ C'U-\'EVr.> ~ i1 _ ., ·Ur?D!V¡~~ION§ 'O!l t·:dJonT..~ , ~ \' ~/ /~-XHjL=j/T 8' ~~'~~.:-:-;:-..::::::;:...--:=::;~__.~___:-:-~._...:.= -;-....~~..:- ~.o-,-~ , P/?0/-/05£ D AI///£;(AT/O!v' ! TO SARA TOGA t J r//-?c D/5TR/éT 1 ElllïTLCf) L .2/1() ¡JC UcP/ /i_. ¡ ,r i .. 1 "-" Y I t/~' _h ¡ If, ,. , .£A,T£ :-~6=~7 --77J- ..!;~/! ': E_ j';:;);~o1 ß Y ;: J: Hð/;,;J/,]' I ._ ... I .L , , \ " , , ~ , , , I '-- -. BOUND/t4RV L/NÞ- o,c PROP. Af./¡VCYAílC>N ---- C. XIS T. CITY t.IH/TS LIN£: -~....~.... Á "'--- " Q,>At:-: ~';':~ti I ;C) I '- / ' f\. \1!} 4( ,( I ¡J~' / ~~(' .- 0~~l; Q"í-I/ , ~i~O¡ / /1.0\,/' /]\\ A,F . ?r'~~ . I, ','" )11'-_.-- 5,.72."4t:. o ,- ~ , o /"'~O· -!;"- 1\' / ~ . ,,? c C :40 \ ~ ~ //~ ,\6 '4 --...., Ô 30 E: 20.00 .\' ... ~^- , :' " I .. ' . .,.." ~ .- HORVAíl-f - 1- /39 Ac ",..- /" /' ~ -'.0$- -,oj", <"ìV . RD. ~._~./ ;qf VI ~O<: t_ ~' ~. LOCAT/ON ~ .. l~ ?:'f-Ý -' --,," HAP - - I~' l 4 .. f /'/ ., 503 13 56 ',1\: ~ " . , \ .,.... " -- /--1 P If' Y ;c? T 1/ < I /--- l /. ~/ I 7í( EXIST. 5A/?A70GA I '!þ FIRC ÞISTR/Ci BO(//(DARY .../ í I .....--4..) I , '" , , ~ . , :~,) <.~ " . . , . ...:...)0. '. . .-~ -~- r ,h::J.,rP,f'() r: -4 tv N £ ./ ./' ,A /' ~':<~Ji-:'r;-:ff~';!~r>_a"-:r .~ , '" . ------- .,. f· PETITION FOR THE REORGANIZATION OF TERRITORY INVOLVING ~exation of 2.01 acres of territory on the north sid~ of Mt. Eden RQan bet.wp.en Pierce Road and Garrod Road to city of Saratoga and Sarato~a Fire Distriçt. (Describe Nature of proposal) DESIGNA TED AS Mt. Eden Road 77-1 TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SANTA CLARA: The undersigned by their signatures hereon DO HEREBY REPRESENT, REQUEST AND PETITION as follows: (a) This proposal is made pursuant to the District Reorganization Act of 1965, commencing with Section 56000, Government code. (b) The nature of the proposed reorganization and the names of all districts (and cities) for which any such reorganization is proposed are as follows: Ca) Annexation: The annexation of the hereinafter described territory to the city of Saratoga. . (b) Annexation: The annexation of the hereinafter described territory to the Saratoga Fire District. (c) The principal act (or acts) of any new districts proposed to be formed or new city proposed to be incorporated is (are): OONE (d) The territory proposed to be (Insert "inhabited" or "uninhabited"). boundaries of the territory (metes and therein is more particularly described by this reference made a part hereof. reorganized is Uninhal;dted A description of the exterior bounds) proposed to b~ included on Exhibit "AU attached h~reto and (e) The reasons for this proposal are as follows: To provide urban services to the subject property in conjunction with a lot split request. LAFC 77-1 ..,-'-,.,~..'"'''...",..,..,'''-,....''''- I' (f) It is desired that the proposed reorganization provide for and be made subject to the following terms and conditions: 1. That LAFCO designate the city of Saratoga as the conducting agency for this reorganization pursuant to' Section 5~271.¡ of the Government Code; and 2. That LAFCO authorize the city of Saratoga to prO'ceed withO'ut nO'tice, hearing O'r electiO'n, pursuant to SectiO'n 56261 O'f the GO'verrunent Code. (g) Check whichever statement applies: Each of the signers of this petition is a resident-voter within the territory proposed for reorganization. xx Each of the signers of this petition is a landowner within the territory proposed for reorganization. xx The undersigned proponent{s) own{s) 100% of the territory proposed for reorganization. (h) It is hereby requested that proceedings be taken for the reorganization hereinabove proposed. Assessor t S pa reel NO. (u) or Date of Signatures of Residential Addr~ss Si.gnature. /) ..... pet.. it.. ione.. r",... . of petitioner_(I} Z I Zl7tf / bY'¿:¿;a¿1,~~---2k.. 503-13-30 /, / /. I - I> l" 'þ .. ..::-:2. ? 7J ¡, .._/I("~ (;.4 ell é J..: u'd'; 503-13-30 r -' Election Precinct Number (I) Indicate Status of petitioner,i. Resident-voter or Landowner N/A N/A Landowner Landowner ,! rJ"? .',.,..~ ;,/ i... ..c.,V\c:X ?:' '~r' ¿ 1 .:.......r I ,rj " .:::r " ,; ~ ,. 7)11 O,J~ 'I --- (u) - for proposals involving uninhabited territory (less than 12 registered voters), or for landowner initiated proposals. (I) - for proposals involving inhabited territory (12 or more registered voters. '\ PETITION FOR ANNEXATION OF TERRITORY TO THE CITI OF SARATOOA (UNINHABITED ACT) MT. EDEN 78-1 TO: 1HE CITY CCUNCIL OF mE CITY OF SARATOGA, CALIFORNIA The lU1dersigned, 'Who constitute all of the owners of the land herein- after described, do hereby petition and pray that said real property be atUlexed to the City of Saratoga pursuant to the Uninhabited Annexation Act of 1939. Please be advised, that, by Resolution adopted,' the Local Agency Fonna- tion Conmission of the COWlty of Santa Clara duly and regularly approved said atUlexation to the City of Saratoga, and authorized the City COWlcil of said city to annex such territory without notice and hearing by the legislative body and wi thout an election. We request that you, the City Council of the City of Saratoga, receive, file and hear this petition and take and perform all the necessary acts and pro- ceedings authorized by and required by the aforesaid Annexation Act, and by any other applicable statutes of the State of California, and particularly as pro- vided by Government Code Section 35310.1 and 54797.2 of the State of California. The real property to which this petition relates and for which annexa- tion is sought, is more particularly described on Exhibit "AI! attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the undersigned have set their hands this day of D c."..I-CUçG2~? ' 1978. ''? ~-') ~ã¿iÇ ;J L--.--.-b/:Æ; : Z;.:?/22- ,l/"?- ¿;;:~~(' f!;,f _tLzt-c....é'~;Z;;7Cf'-"~c::::~ f 9" rc~ '7<:':7 ~ f" NAME: (~./G{-'(v¡ te(· (fi~l/:'-v: a4:" ADDRESS:) .~1 / i Z /1\1, ç:-c:Ù(, { i-. C. . ADD ,.rCi Ie a r!.~(q e¡f (I,:.r, 7 J "'7 Î IV STATE OF CALIFORNIA a:uNTY OF SANTA ClARA ) ) SS ) -Frank J. & Dagmar M. Horvath , being first duly sworn, deposes and says: That he is one of the owners of the land comprised in the territory described in the foregoing petition which is proposed to be annexed; that each signature to said petition is the genuine signature of the person whose name it purports to be, and each signer was one of the owners of said land described in said petition on the date opposite the person's name, and said petition is signed by all the owners of the land in the territory proposed to be annexed. Subscribed and sworn to before me this 3rd day of October Notal~rJ7iß Ohl~~-/ £,'1 // ~ljJ~:~~7pah, 1979 ,~. .....~ OJ.'FICIAL SEAL 1 BRIGITTE BEYER NOTARY PUBLIC· CALIFORNIA I SANTA CLARA COUNlY ' My comm. expires SEP 11, 1982 Ii' ~~~ . . .,'. - - -- -- '--.( 100% city Annex RESOLUTION NO. 78-57 RELATING TO THE PROPOS ED LANDS 0 F HO RVA TH ANNEXATION TO city of Saratoga WHEREAS the Santa Clara county Local Agency Formation Commission finds annexation proposal known as- Lands of Horvath to city of Saratoga is in the public inter~st and that ~:f.the owners of land within the territory have given their written consent to such annexation proposal, and . WHEREAS the Executive Officer of the Commission has determined .. that the boundaries as described in Exhibit A attached are definite and certain, and WHEREAS the Commission has confirmed a Negative Declaration on the project, pursuant to the california Environmental Quality Act of 1970 (Pub11c Resources Code 21000 et seg). BE IT RESOLVED by' the Santa Clara Cour.ty Local Agency :Formation Commission that it does hereby' approve, suèj."~ct to annexat ion to Cupertino sanitary District the aforesaid proposa~_. Further proceedings in connection with this annexation may be continued only in compliance with the approved boundaries de"scribed in Exhibit A and the cit.l_""~",.,:.~.~~E~"":;:,~"_",~,~"""",,,~,··!:!,!:!:,,!?X such territory without notice and hearing and without election. PASSED AND ADOPTED by the Santa Clara County Local Agency Formation by t~e following vote: commission this , March 1, 1978 , AYES: commissioners: cortese, Lochner, NOES: Commissioners: Sanchez ABSENT: commissioners: None podgorsek -- ATTEST: , Ý!f{ì~ Deputy Clerk of the Board of Supervisors EXHIBIT A ATTAaIED . ,eCI city LAFC-8b \ . '''.-'' . ". - ....- /' .r' , ,:ö.> " ' . , . - . . .....- ~~ . " f ¡ , ~ . i , ", .. ",'.', ,..,.'--:' 1" .) _. 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