CC Resolution No. 8784
RESOliJI'IOO W. 8784
A RESOllJTlOO OF THE CITY axJNCIL OF THE CITY OF CUPERl'IW
MAKING DE'mRMINATIOOS AND APPROITING 'mE ANNEXATlOO OF 'lERRI'IDRY
DESIGNATED "AlMADEN AVENUE 92-05", APPEQXIMA'lELY 0.10 ACRE
I1X:A'lED 00' THE EAST SIDE OF AlMADEN AVENUE BE'1WEEN SAN FERNANOO
AVENUE AND ILMI'm AVENUE; HARBISCN/SCHINDIER (APN 357-15-026)
WHEREAS, a petition for the annexation of certain territory to the
City of Cupertino in the County of Santa Clara consisting of 0.10 acre on
the east side of Alroaden Avenue bet:ween San Fernando Avenue and Ianita
Avenue (APN 357-15-026) has been filed by Cynthia Harbison and Mark
Schindler; and
WHEREAS, on October 5, 1992, the City Council adopted Resolution No.
8770 initiating proceedings for annexation of the area designated "A1IIaden
Avenue 92-05"; and
WHEREAS, said territory is uninhabited and all owners of land included
in the proposal oonsent to this annexation; and
WHEREAS, Section 35150.5 of the California GoverrIJæI1t Code states that
the IDeal Agency Fonnation Omnission shall not have any authority to
review an annexation to any city in Santa Clara County of unincorporated
territory which is within the w::Dan service area of the city of the
annexation if initiated by resolution of the legislative J:xx:Iy and
therefore the City Council of the city of Cupertino is now the oonducting
authority for said annexation; and
WHEREAS, GoverrIJæI1t Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory
the City Council may awrove or disawrove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
lU'l, 'l'HEREFURE, BE IT RESOLVED by the city Council of the City of
Cupertino as follows:
1. 'lhat it is the oonducting authority pursuant to Section 35150.5
of the GoverrIJæI1t Code for the annexation of property designated
"Almaden Avenue 92-05", IIDre particularly described in Exhibit
·'A"i
2 . That the folla.ring findings are made by the City Council of the
City of Cupertino:
a. 'lhat said territory is uninhabited and OCIIprises
approximately 0.10 acre.
RESOllJTICN W. 8784
3. That said annexation is hereby ordered without election pursuant
to Section 35151 et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND AOOPIED at
City of Cupertino this
fOllowing vote:
a regular meeting of the City Council of the
2nd day of November , 1992, by the
vote
AYES:
MaiiJers of the City Council
Dean, Goldman, Koppel, Szabo, Sorensen
WES:
None
ABSENT:
None
ABS'mIN:
None
APPROITEI):
/s/ Laura1ee Sorensen
Mayor, City of Cupertino
ATI'EST:
/s/ Dorothy Cornelius
City Clerk
RESOliJ'l'IOO' 1«>. 8784
b. '!hat the annexation is consistent with the orderly
annexation of territory with the City's mban service area
and is oonsistent with the City policy annexing when
providing City services.
c. The City Council has cx:.upleted an initial study and has
found that the annexation of said territory has no
significant inpact on the enviromœnt, and previously
approved the granting of a Negative Declaration.
d. The City Co1lllcil on June 4, 1984, enacted an ordinance
prezoning the subject territory to City of CUpertino Rl-7.5
zone.
e. Annexation to the City of CUpertino will affect no changes
in special districts.
f. '!hat the territory is within the City mban service area as
adopted by the IDeal Agency Fonœ.tion Ccmnission.
g. '!hat the annexation is nade subject to no t.eJ:ms and
conditions .
h. '!hat the County SUrveyor has detennined the boundaries of
the proposed annexation to be definite and certain, and in
catpliance with the Camtission' s road annexation policies.
The City shall reinbJrse the Co1lllty for actual oosts
incurred by the County Surveyor in making this
deteJ:mination.
i. That the proposed annexation does not create islands or
areas in which it \\'Quld be difficult to provide nnmicipal
services.
j . '!hat the proposed annexation does not split line of
assessrænt of ownership.
k. '!hat the proposed annexation is consistent with the City's
General Plan.
I. '!hat the City has cx:.uplied with all conditions inp:>sed by
the a:mnission for inclusion of the territory in the City's
mban service area.
m. That the territory to be annexed· is oontiguous to existing
City limits under provisions of the GoverIlIæIlt Code.
·
'.
-
1:xIi1131T "A"
Annexation to the City of Cupertino
Entitled Almaden Avenue 92-05
Revised: June 24,1992
All that certain real property situated in the County of Santa Clara, State of
California, described as follows:
Beginning at the intersection of the Southerly line of Almaden Avenue also known
as the Southerly boundary line of that certain annexation to the City of Cupertino
entitled "Almaden 84-03" by Resolution # 6313 and the Easterly line of Section 103
of that certain Map entitled, "Map of Subdivision 'A' Monta Vista", which map was
filed for Record in the office of the Recorder of the County of Santa Clara, State of
California, on April 11, 1917 in Volume "P" of Maps, at page 20.
Thence from said Point of Beginning South 90.82 feet to the Southerly boundary line
of Section 103; Thence along the said Southerly boundary line of said Section, West
50.00 feet; Thence North 90.82 feet to the Southerly boundary line of said
annexation to the City of Cupertino;
Thence along the said Southerly boundary line of that certain annexation to the City
of Cupertino, East 50.00 feet to the Point of Beginning.
Being the East 50.00 feet of Section 103, as shown upon the Map entitled, "Map of
Subdivision 'A' Monta Vista", which map was filed for Record in the Office of the
Recorder of the County of Santa Clara, State of California.
Containing: 4,540 square feet, more or less
0.10 acres, more or less
APN: 357-15-026
By: H.B.
"EXHIBIT An
4- EAST
A L MAD E N
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LEGEND:
_ = BOUNDARY LINE OF EXHIBIT B
PROPOSED ANNEXA~ON PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
= BOUNDARY LINE OF ENTITLED ALMADEN AVENUE 92-05
EXISTING ANNEXATION
DATE: MAY 1992 SCALE: 1"=30'
BY: H. BACUS REVISED: 6- 24- 92
CITY OF CUPERTINO
EXISTING ANNEXATION
ALMADEN 84-03
RES. # 6313 - r4-
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A V E N U E20.
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