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CC Resolution 10428 RESOLUTION NO. 10428 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE), PROPERTY LOCATED ON THE NORTH SIDE OF EAST MOZART AVENUE BETWEEN HIGHWAY 17 AND SOUTH BASCOM AVENUE; BEING APPROXIMATELY 16.902 ACRES (APN'S 424-06-076, 424-06- 106,424-06-108,424-04-083). FILE NO. PLN2004-169. WHEREAS, the City Council of the City of Campbell has received a request for annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the County of Santa Clara; and WHEREAS, the property, 16.902:i: acres on the north side of East Mozart Avenue between South Bascom Avenue and Highway 17 (APN's 424-06-076, 424-06-106, 424-06-108, 424-04-083) is contiguous to the City of Campbell and is within its urban service area; and WHEREAS, the following special districts would be affected by the proposed annexation: Central Fire District and the County Lighting District; and WHEREAS, annexation would provide for use of the City of Campbell services; and WHEREAS, this territory was pre-zoned on December 2, 2004, to City of Campbell Pre-Zone P-D (Planned Development); and WHEREAS, the City of Campbell, as Lead Agency for environmental review for the reorganization, prepared an Initial Study and Mitigated Negative Declaration for the project in compliance with CEQA laws and guidelines; and WHEREAS, the County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Campbell shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, said territory is uninhabited and all owners of such land included in the proposal have consented to this annexation; and WHEREAS, Government Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing. City Council Resolution File No. PLN2004-169 - 16201 & 16239 E. Mozart Ave. Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby initiates annexation proceedings and will consider annexation of the territory designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) and detachment from the County of Santa Clara at their regular meeting ofJanuary 18,2005. PASSED AND ADOPTED this 4th roll call vote: day of January , 2005, by the following AYES: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: None None ABSTAIN: COUNCILMEMBERS: None ATTEST: ~4F- Anne ybee, City Cler ~BkJ November 29,2004 BKF No. 20036013-10 Page 1 of 3 ENGiNEERSJ SIIIRVEYORSI PtAMNEItS EXHIBIT "A" Annexation to the City of Campbell Entitled CAMPBELL ANNEXATION 2004-01 Real property situate in the County of Santa Clara, State of California, described as follows: Beginning at the most easterly comer of that certain annexed teITitory, known as "Burton Road No. I", to the Town of Los Gatos, passed and adopted on November 7, 1977 under Resolution No. 1977-174 of the Town of Los Gatos; Thence leaving said corner and along the northeasterly line of said Burton Road No. I annexation, and along the northeasterly line of that certain annexed territory, known as "Oka Road No. 7", to the Town of Los Gatos, adopted on July 30, 1979, North 58°24'51" West, 1334.16 feet to an angle point therein and being also a point on the center line of State Highway Route 17; Thence along said center line and along the southeasterly line of said Oka Road No.7 annexation, North 31 °01 '21" East, 858.84 feet to the southwesterly line of that certain annexed teITitory, known as "Campbell Annexation 1959-15", to the City of Campbell, passed and adopted on November 2, 1959 under Ordinance No. 227 of the City of Campbell; Thence along said southwesterly line of said Campbell Annexation 1959-15, South 57°52'51" East, 60.52 feet to the most southerly comer therein; Thence along the southeasterly line of said Campbell Annexation 1959-15, North 31°01 '21" East, 284.31 feet to the most northerly comer of Lot 151, Tract No. 1426, entitled "White Oaks Manor No.3", filed April 26, 1955 in Book 57 of Maps at Page 4, Records of Santa Clara County; Thence leaving said northerly comer and along the northeasterly line of said Lot 151, Tract No. 1426, South 59°30'00" East, 8.69 feet to the most northerly corner of the lands described in that certain Director's Deed, Number DD-048244-01-01, conveyed to The Santa Clara County Traffic Authority, recorded October 13, 1993, under Document No. 12154578, Official Records of Santa Clara County; Thence leaving said corner and along the northwesterly line of said lands of The Santa Clara County Traffic Authority (Doc. 12154578), South 29°48' 10" west, 66.00 feet to the most westerly corner of said lands; Thence leaving said corner and along the southwesterly line of said Lot 151, Tract No. 1426, South 59°30'00" East, 116.20 feet to the northwesterly line of Longfellow Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; Campbell Annexation 2004-01 Page 2 of 3 Thence along said northwesterly line of Longfellow A venue, the following three (3) courses: 1) South 30°30'00" West, 22.67 feet to the beginning of a curve to the right, having a radius of 20.00 feet; Southwesterly, along said curve, through a central angle of 46°11' 13" and an arc length of 16.12 feet to the beginning of a reverse curve, concave to the east, having a radius of 45.00 feet; Southerly and southeasterly, along said curve, through a central angle of 137°14'32" and an arc length of 107.79 feet to a point on the southwesterly line of Kilmer Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; said point being also the most northerly corner of Parcel Two, as described in that certain Individual Grant Deed, conveyed to James W. Richards and Patricia A. Richards, Trustees, recorded April 22, 1999, under Document No. 14769268, Official Records of said County; 2) 3) Thence leaving said southwesterly line of Kilmer Avenue, along the northwesterly line of said Parcel Two (Doc. 14769268), the following two (2) courses: 1) 2) South 51 °05'25" West, 36.60 feet; South 38°31' 19" West, 73.90 feet to the most southerly corner of Lot 154 of said Tract No. 1426; Thence leaving said corner and along the southwesterly line of Lot 155 of said Tract No. 1426, South 57°52'51" East, 388.29 feet to the most easterly comer of Parcel 2, as shown on that certain Parcel Map, filed August 13, 1970 in Book 271 of Maps at Page 28, Records of said County; Thence leaving said corner and along the southeasterly line of said Parcel 2, South 33°15'54" West, 458.73 feet to the southwesterly line of East Mozart Avenue, this section of road being 48.00 feet in width, as shown on Parcel Map, filed July 1, 1999 in Book 717 of Maps at Pages 34 and 35, Records of said County; Thence along said southwesterly line of East Mozart Avenue, the following four (4) courses: 1) North 58°26'06" West, 103.63 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 20.00 feet, from which a radial line bears North 21 °35'04" West; Southwesterly, along said curve, through a central angle of 08°39'35" and an arc length of 3.02 feet to the beginning of a reverse curve, concave to the northwest, having a radius of 42.00 feet; Southwesterly, along said curve, through a central angle of 29°23'53" and an arc length of 21.55 feet; South 89°09' 14" West, 26.58 feet to a point on the northeasterly line of State Highway Route 85, said point being at the beginning of a non-tangent curve, concave to the northeast, having a radius of 595.03 feet, form said point a radial line bears North 57°47'25" East; 2) 3) 4) K:\SurO3\O36013\Legals\Campbell Annex 2004-01.doc Campbell Annexation 2004-01 Page 3 of 3 Thence along said northeasterly line of State Highway Route 85, the following five (5) courses: Southeasterly, along said curve, through a central angle of 05°18'54" and an arc length of 55.20 feet to the beginning of a compound curve, concave to the northeast, having a radius of 1400.07 feet; Southeasterly, along said curve, through a central angle of 18°17'22" and an arc length of 446.92 feet; South 75°07'22" East, 330.10 feet; South 66°10'33" East, 72.79 feet to the beginning of a curve to the left, having a radius of 15.00 feet; Northeasterly, along said curve, through a central angle of 80°22'01" and an arc length of 21.04 feet to the northwesterly line of Bascom A venue; 1) 2) 3) 4) 5) Thence leaving said northwesterly line of Bascom Avenue, South 56°32'06" East, 43.00 feet to a point on the northwesterly line of that certain annexed territory, known as "Parker No. 16", to the City of San Jose, adopted May 12, 1976 under Ordinance No. 18059 of the City of San Jose; Thence along said northwesterly line of said Parker No. 16 annexation, South 33°27'54" West, 367.67 feet to the point of Beginning. Containing an area of 16.902 acres, more or less. As shown on Exhibit "B" attached hereto and made a part hereof. This real property description was prepared by me or under my direction in accordance with the Professional Land Surveyors' Act. For: B~ Davis Thresh, P.LS. No. 6868 License expires 09-30-2006 ¡\ - ~ C} - z oö4::- Date \..AND BOUNDARY UNE OF S~~ oS'. PROPOSED ANNEXA~ON ~ - - - - - EXISllNG CITY UMIT UNE'" I"- APN ASSESSOR'S PARCEL Noo A . ; ~ !å \50'\ . ~ 0/06 ::> b ~ I ~ I _/ No. 6868 ~ It') ~I ~"o ~ I 9 I 1. S30030'OO"W 22.67' ~~ ~~ ¡ \1 ~~ d 1....11 ~ 2. R=20' ð=4611'13" l=16.12' ?i- l1F' CAL.\~ ~ 'I en 10 81 æ I z 3. R=45' ~=13714'32" L=107.79' \ .~ -.rfy .- I- L #11 W 4. N29°26'41"E (R) \ -'1A/VV"'\ z~en ::ë \\s59°30 O"E- 1 > 5. S51°05'25"W 36.60' ~t' ~ ::J \8.69' ~ I c( 6. S38°31'19"W 73.90' ~g, ~ J5J....I TRACT J426 ~.~ u S59°30'O "E I WHITE OAKS MANOR NO.3 ~~? ~ 116.20 1 L 57 MAPS 4 ...10 CD ,\-ùJ52 2 ----------.-- G1 ~ N\--- 3 @ KILMER A VENUE g æ (j ~15 ~ 1- -"1- :l - -r - T - T - - ~ ~¡;; / 5 I J56 I J57, J58 I J59 I J60 :~J54 ~I I I I I .f ~gÁ~1 6 S5~:51;;:9' -L¡¡i-iT-------¡ --¡ I~¡ 77' IA~~~ APN I 269 M 35 43'1 \ 424704-082 424¡-04-083 I t' Ie - I I I I I L - - ~ 'I \ I ~ IAREA TO I g ä:¡ ~ ~, I I I I 5J4 M 46 I~ I, ~ II- I I ~ ~ BE ANNEXED ~ < ? ~ ~ ~ I 1 I I I ~ ~ I ~ I ~ .... I I J. 16 902 AC:i: 0.. ~ ~ <1: E I "'" I I'") I t' I .- I ~ ~ . >- d ~ II ~ W\ I t' . . "'" "'">~I...I ...I ...I ...I L ~o:::e I- < u ..... "'" l.-.. It')UJ . 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S56°32'06"E == en uS c( I I '- .././ STATE OF CALIFORNIA ROUTE 851 43.00' I ~ ;:i"': I- I I -....-' I APN lit') 0 en (WEST VALLEY FREEWAY) 424-06-114 ~ z I I 7. R=20' ð=08°39'35" l=3.02' APN 1 APN I POINT OF I ~ ~ ~ I I 8. R=42' ð=29"23'53" l=21.55' 424-06-122 I 424-06-131 I BEGINNING I en :) 0:::< \ I 9. S89"O9"14"W 26.58' 0 0.. \ --- ------- -------------- --- en "':":.t--- -------N58"24'51"W1334.16;-"WANDALANE.T:t-- ---- 177' ..",., - -, TOWN OF LOS GATOS CITY WAIT I B kf ,. ---BRUE~:O~O~~~~7~?72------------ I L- "% 11/07/1977 EXHIBIT -B- . 0 100 200 PROPOSED ANNEXATION ENGINEERS / SURVEYORS / PLANNERS ....\ I I I TO THE CITY OF CAMPBELL ~~~ ~lg~~,R ~A~~1~f~'-i30;UITE 100 "CAMPBELL ;~~E~¡~ON 2004-1" K:/SUR03/036013/DWG/ANNEXAllON/ANNEXATlON SHEET 1.DWG 11/29/04. SCALE 1"=200' BKF NO. 20036013-10 SHEET 1 OF 1 LEGEND . \¡'i. 85 ROV VICINITY MAP