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7/6/23
1 T-21268.005\2038486_3
Council Agenda: 8/8/23
Item No.: 10.1(c)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE INITIATING REORGA NIZATION PROCEEDINGS
FOR THE ANNEXATION AND DETACHMENT OF CERTAIN
TERRITORY DESIGNATED AS MOORPARK NO. 24,
DESCRIBED MORE PARTICULARLY HEREIN, AND
SETTING THE DATE, TIME AND PLACE FOR
CONSIDERATION OF SUCH REORGANIZATION
WHEREAS, the City of San José desires to initiate proceedings, pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, to annex the territory designated as Moorpark No. 24 to the City of San José and detach the territory from the West Valley Sanitation District, Santa Clara County Cent ral Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library District; and
WHEREAS, this proposal includes an annexation to the City of San José of certain unincorporated territory located within the County of Santa Clara, which is not subject to review by the Santa Clara Local Agen cy Formation Commission as provided under Section 56757 of the California Government Code; and
WHEREAS, such territory is known by the short form designation of “Moorpark No. 24,” and a description of the boundaries of this territory is set fort h in Exhibit “A,” entitled “Geographic Description,” attached hereto and incorporated herei n by this reference, which description is subject to correction or revision as required; and
WHEREAS, a plat map showing the location of such territory is attached hereto as Exhibit “B,” entitled “Annexation to City of San José Entitled Moorpark No. 24,” and incorporated herein by this reference; and
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7/6/23
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Council Agenda: 8/8/23
Item No.: 10.1(c)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the subject real property, comprising approximately 2.01-gross acres located on the north side of Moorpark Avenue approximately 130 feet west of Central Way (APNs 282-01-014, 015, 016, 022, 023, 024 & 025), is contiguous to the City of San José and is within the City’s urban service area; and
WHEREAS, the subject property currently is receiving or will receive the following benefits from the City, to wit: all municipal services, not limited to street maintenance, street light, law enforcement, sanitary sewer, code enforcement, street sweeping, garbage collection, and fire protection; and
WHEREAS, on August 8, 2023, the City Council adopted Ordinance No. _____ approving the prezoning of the territory to the MUN Mixed Use Neighborhood Zoning District (under File No. C20-001) and will be so zoned upon its annexation to the City of San José in accordance with Section 20.120. 300 of the Zoning Ordinance (T itle 20 of the San José Municipal Code); and
WHEREAS, the City of San José is the lead agency for environmental review for the reorganization known as “Moorpark No. 24” under the California Environmental Quality Act of 1970, as amended (“CEQA”); and
WHEREAS, the environmental impacts of this project were addressed by an Initial Study/Mitigated Negative Declaration for t he Moorpark Avenue Multi-Family Residential Project which was adopted by the City Council on August 8, 2023; and
WHEREAS, the County Surveyor of Santa Clara County has found the real property description of the subject property and the map of the subject property (Exhibits “A” and “B,” respectively) to be in accordance with California Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with the Santa Clara County’s Local Agency Formation Commission’s annexation policies; and NVF:DHZ:DJF
7/6/23
3 T-21268.005\2038486_3
Council Agenda: 8/8/23
Item No.: 10.1(c)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, as provided in Government Code Section 56757, the City Council of the City of San José shall be the conducting authority fo r a reorganization initiated by resolution of the City Council, and the City Council by this resolution is proposing the reorganization described in this Resolution; and
WHEREAS, all owners of land included in th is proposal have consented to this annexation; and
WHEREAS, Government Code Section 56662 prov ides that if a proposal for an annexation is accompanied by proof that all ow ners of land within the affected territory have given their written consent the Cit y Council may approve or disapprove the annexation without public hearing; and
WHEREAS, this proposal is consistent with the sphere of influence of the City of San José; and
WHEREAS, the reason for the proposed reorganizati on is as follows: to annex the subject territory and detach the same from spec ial districts to elimi nate a duplication of services; and
WHEREAS, the City of San José reserves the righ t to seek certificat ion from the Santa Clara Local Agency Formation Commission and record a resolution ordering annexation of the subject property upon issuance of a building permit for construction or at any time prior to issuance of such permit;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI L OF THE CITY OF SAN JOSE:
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7/6/23
4 T-21268.005\2038486_3
Council Agenda: 8/8/23
Item No.: 10.1(c)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
That the City Council of the Cit y of San José hereby incorpor ates the foregoing recitals by reference into the body of this resolu tion, initiates proceedings for the proposed reorganization of the designated territory described herein and sets the City Council meeting on August 22, 2023 at 6:00 p.m., as the date, time and place for consideration of such reorganization. This Council is hereby designated as the conducting authority of said proceedings.
ADOPTED this ___ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Matt Mahan
Ma
yor
ATTEST:
TONI J. TABER, CMC
Cit
y Clerk
EXHIBIT ‘A’
LEGAL DESCRIPTION
SAN JOSE, CALIFORNIA
ALL OF LOT 264 AND PORTIONS OF LOTS 265, 266, 267, 268, 269 OF TRACT 228 BRADLEY MANOR - UNIT NO. 3, A PORTION OF PARCEL A AND ALL OF PARCEL B OF THE RECORD OF SURVEY FILED IN BOOK 139 PAGE 13 AND PARCEL TWO OF THE DEED RECORDED IN DOC. NO. 22862290 ON FEBRUARY 24, 2015, OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1” IRON PIPE WITH TAG AND NAIL, AT THE INTERSECTION OF CENTRAL WAY (FORMERLY BRADLEY AVENUE) AND CENTRAL WAY, THENCE NORTH 89°31’24” WEST 253.59 FEET TO A 1” IRON PIPE WITH PLUG AND TACK, THENCE SOUTH 56°49’28” EAST, 51.83’ FEET TO THE NORTHEAST CORNER OF SAID LOT 265 AND THE POINT OF BEGINNING;
THENCE, SOUTH 0°28’36” WEST, 104.93 FEET;
THENCE, SOUTH 89°31’24” EAST, 55.00 FEET;
THENCE, SOUTH 0°28’36” WEST, 105.13 FEET;
THENCE, NORTH 89°26’40” WEST, 55.32 FEET;
THENCE, SOUTH 43°11’17” EAST, 24.92 FEET;
THENCE, NORTH 89°26’40” WEST, 203.35 FEET;
THENCE, NORTH 00°33’13” EAST, 18.00 FEET;
THENCE, NORTH 89°26’40” WEST, 110.53 FEET;
THENCE, NORTH 0°27’23” EAST, 272.97 FEET;
THENCE, SOUTH 86°47’53” EAST, 189.69 FEET;
THENCE, SOUTH 43°13’01” EAST, 23.58 FEET TO A POINT ON CURVE; THENCE, ALONG AN ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 51°52’32” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 176°15’12”, AN ARC LENGTH OF 123.05 FEET TO A POINT OF REVERSE CURVATURE;
THENCE, ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 48°07’44” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 48°03’39”, AN ARC LENGTH OF 33.55 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 81,694 SQUARE FEET OR 1.875 ACRES OF LAND, MORE OR LESS.
A PLAT OF THE ABOVE DESCRIBED PROPERTY IS ATTACHED AS EXHIBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.
BEARING AND DISTANCES HEREIN ARE BASED ON THE PARCEL MAP FILED IN BOOK 903 OF MAPS AT PAGES 2-3, SANTA CLARA COUNTY RECORDS.
THE LEGAL DESCRIPTION HEREIN WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT IN JANUARY 2020.
END OF DESCRIPTION
RYAN M. SEXTON / PLS 9177
EXHIBIT "A" (File No. C20-001)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.