CC Resolution 10442
RESOLUTION NO.
10442
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL MAKING DETERMINATIONS AND APPROVING THE
ANNEXATION OF APPROXIMATELY 16.902 ACRES DESIGNATED
"CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART
AVENUE) LOCATED ON THE NORTH SIDE OF EAST MOZART
AVENUE BETWEEN HIGHWAY 17 AND SOUTH BASCOM AVENUE
(APN'S 424-06-076, 424-06-106, 424-06-108, 424-04-083). FILE NO.
PLN2004-169.
WHEREAS, 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 consisting of approximately 16.902 acres located on the north side of East Mozart Avenue
between Highway 17 and South Bascom Avenue (APN'S 424-06-076, 424-06-106, 424-06-108,
424-04-083); and
WHEREAS, on January 4, 2005 the City Council adopted Resolution No. 10428 initiating
proceedings for annexation of the area designated as "Campbell Annexation 2004-01" (Classics at
East Mozart Avenue); and
WHEREAS, Section 56757 of the California Government Code states that the Local Agency
Formation Commission shall not review an annexation proposal to any city in Santa Clara County
of unincorporated territory which is within the urban service area of the city if initiated by resolution
by the legislative body; therefore the City Council of the City of Campbell is now the conducting
authority for said annexation; and
WHEREAS, all of the legal owners of that certain uninhabited real property designated as
"Campbell Annexation 2004-0 I" (Classics at East Mozart A venue), consisting of approximately
16.902 acres, Santa Clara County Assessor Parcel Numbers (APN'S 424-06-076, 424-06-106,
424-06-108, 424-04-083), located in the County of Santa Clara and within the City of
Campbell's urban service area, have consented in writing to the annexation of the subject
properties; and
WHEREAS, pursuant to Sections 56663 and 57002 of the California Government Code, when all
of the owners of land within the affected territory have given their written consent to the
proposed annexation, the conducting authority may conduct proceedings and approve the
annexation by resolution without notice, hearing or an election; and
WHEREAS, the territory proposed for annexation is designated as Low Density Residential (less
than 6 units per gross acre) on the City's General Plan Land Use Diagram and has been pre-
zoned as P-D (Planned Development); and
WHEREAS, the City of Campbell, as Lead Agency for environmental review for the annexation,
prepared an Initial Study and Mitigated Negative Declaration for the project in compliance with
CEQA laws and guidelines.
City Council Resolution
File No. PLN2004-'169 -16201 & 16239 E. Mozart Avenue - Annexation
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that:
1. The City Council is the conducting authority pursuant to Section 56757 of the Government
Code for the annexation of property designated "Campbell Annexation 2004-01" (Classics at
East Mozart Avenue) and more particularly described in Exhibits "A" (legal description) and
"B" (diagram) attached and incorporated by reference.
2. The City Council finds and determines that all necessary environmental assessment
procedures have been conducted and completed in accordance with the requirements of the
California Environmental Quality Act and the guidelines promulgated thereunder. The
Community Development Department is hereby authorized to prepare and file a Notice of
Determination consistent with the environmental assessment and findings of the City
Council.
3. That the following findings are made by the City Council of the City of Campbell in accordance
with Section 56757 ofthe Government Code:
a. That said territory is uninhabited and comprises approximately 16.902 acres;
b. That the annexation is consistent with the orderly annexation of territory within the
City's urban service area, as adopted by the Local Agency Formation Commission of
Santa Clara County;
c. The City Council enacted an ordinance on December 2, 2004 pre-zoning the territory
P-D (Planned Development);
d. On November 30, 2004, the Santa Clara County Surveyor determined the boundaries
of the territory to be annexed, designated "Campbell Annexation 2004-01" (Classics
at East Mozart Avenue), to be definite and certain and to be in compliance with the
road annexation policies of the Commission. The City shall reimburse the County for
the actual costs incurred by the County Surveyor in making this determination;
e. The proposed annexation does not split lines of assessment or ownership;
f. The proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services;
g. The proposed annexation is consistent with the adopted General Plan of the City of
Campbell;
h. The territory to be annexed is contiguous to existing City limits;
i. The City has complied with all conditions imposed by the Commission for inclusion
of the territory in the City's urban service area.
4. That all affected agencies that will gain or lose territory as a result of the annexation have
consented in writing to the waiver of protest proceedings.
City Council Resolution
File No. PLN2004-169 -16201 & 16239 E. Mozart Avenue - Annexation
Page 3 of 3
5. That all property owners and registered voters have been provided written notice of this
proceeding and no opposition has been received.
6. That said annexation is hereby ordered without any further protest proceedings pursuant to
Section 56663.
7. In conjunction with annexing the territory into the City of Campbell, the territory is detached
from the Central Fire District (371) and the County Lighting District (313).
8. Upon completion of these annexation proceedings the territory that was annexed will be
taxed on the regular county assessment roll, including taxes for existing bonded indebtness.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Campbell
this 18th day of January ,2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Hernandez, Furtado, Watson, Kennedy
COUNCILMEMBERS: None
COUNCILMEMBERS: Burr
COUNCILMEMBERS: None
APPRO
ATTEST:
a~
Anne Bybee, City Clerk
EXHIBIT A
~Bkf
EN6INEERS/SURVEYOISIP~RS
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 corner of that certain annexed territory, known as "Burton Road
No.1", 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.1
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
territory, 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 corner therein;
Thence along the southeasterly line of said Campbell Annexation 1959-15, North 31°01'21"
East, 284.31 feet to the most northerly corner 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 corner 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 comer of said lands;
Thence leaving said comer 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 comer 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 comer of Lot 154 of said
Tract No. 1426;
Thence leaving said comer 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 corner 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 comer 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 A venue, 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\0360 I3\Legals\Campbell Annex 2004-0 I.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
I ~ - ~q -ZOÖ+-
Date
EXHIBIT B
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II \~~ 11/07/1977 EXHIBIT -e-
. 0 100 200 PROPOSED ANNEXATION
ENGINEERS / SURVEYORS / PLANNERS ~\ I I I TO THE CITY OF CAMPBELL
~~~ ~lggf,R t/~~1~~130~UITE 100 ~CAMPBELL ;~~~;~ON 2004-1"
K:/SUR03/036013/DWG/ANNEXAllON/ANNEXAllON SHEET 1.DWG 11/29/04. SCALE 1"=200'
BKF NO. 20036013-10 SHEET 1 OF 1
LEGEND