CC Resolution No. 8645
RESOLUTION NO. 8645
A RESOLUTION OF 1HE CITY COUNOL OF 1HE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
1HE ANNEXATION OF TERRITORY DESIGNATED "ORANGE
AVENUE 92-01", APPROXIMATELY 0.14 ACRE LOCATED ON mE
EAST SIDE OF ORANGE A VENUE BETWEEN ALMADEN
AVENUE AND SAN FERNANDO AVENUE; BIMA, KUMAR AND
RANI (APN 357-19-031)
WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the
County of Santa Clara consisting of 0.14 acre on the east side of Orange Avenue between Almaden
Avenue and San Fernando Avenue (APN 357-19-031) has been filed with by Alturi Bhima, Ranjit Kumar
and Atluri Usharani; and
WHEREAS, on April 6 1992, the City Council adopted Resolution No. 8636 initiating proceedings
for annexation of the area designated "Orange Avenue 92-01"; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent
to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency
Formation Commission shall not have any authority to review an annexation to any City in Santa Clara
County of unincorporated territory wlùch is within the urban service area of the city of the annexation if
initiated by resolution of the legislative body and therefore the City council of the City of Cupertino is
now the conducting authority for said annexation; and
WHEREAS, Government 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 approve or disapprove the
annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the
annexation of property designated "Orange Avenue 92-01," more particularly described in Exhibit
"A"i
2. That the following findings are made by the City Council of the City of Cupertino:
a. That said territory is uninhabited and comprises approximately 0.14 acre.
b. That the annexation is consistent with the orderly annexation of territory with the City's
urban service area and is consistent with the City policy annexing when providing City services.
RESOLUTION NO. 8645
c. The City Council has completed an initial study and has found that the annexation of said
territory has no significant impact on the environment, and previously approved the granting of a
Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning the subject territory to
City of Cupertino RI-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special districts.
f. That the territory is within the City urban service area as adopted by the Local Agency
Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has detennined the boundaries of the proposed annexation to
be definite and certain, and in compliance with the Commission's road annexation policies. The
City shall reimburse the County for actual cos ts incurred by the County Surveyor in making this
determination.
1. That the proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of ownership.
k. That the proposed annexation is consistent with the City's General Plan.
1. That the City has complied with all conditions imposed by the commission for inclusion
of the territory in the City's urban service area.
m. That the territory to be annexed is contiguous to existing City limits under provisions of
the Government Code.
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.
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RESOLUTION NO. 8645
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th
day of May , 1992, by the following vote:
Vote Members of the City Council
AYES:
Dean, Goldman, Koppel, Szabo, Sorensen
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATIEST:
APPROVED:
181 Dorothy Cornelius
City Clerk
181 Lauralee Sorensen
Mayor, City of Cupertino
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"EXHIBIT A"
Annexation to the City of Cupertino
Entitled Orange Avenue 92-01
Revised: March 20, 1992
All that certain real property situate in the County of Santa Clara, State of
California, described as follows:
Beginning at the Northwest corner of Lot 4 as shown upon that certain Hap
entitled, "Tract No. 97 Noonan subdivision Uni~ No.1,· which Hap was filed for
record in the office of the Recorder of the County of Santa Clara, State of
California on April 3, 1939 in Book 3 of Haps, Page 43, said point also being
along that certain annexation to the City of Cupertino entitled ·san Fernando 81-
04· by Resolution 6308.
Thence N 89°58'00· E, 130.00 feet to the Northeast corner of lot 4; thence South,
50.24 feet to the Southeast corner of lot 4; thence S 89°58'00· W, 130.00 feet
to the Southwest corner of lot 4, being an easterly right-of-way line of Orange
Avenue being an easterly boundary of that certain annexation to the City of
Cupertino entitled ·San Fernando 81-04· by Resolution 6308.
Thence along the said easterly right-of-way line of Orange Avenue, North, 50.24
feet to the Point of Beginning.
Containing: 0.14 acres, more or less
6,531 Square feet, more or less
APN:
357-19-031
By: H.B.
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LOT 5
LOT 6
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LEGEND:
= BOUNDARY LINE OF
PROPOSED ANNEXATION
----
= BOUNDARY LINE OF
EXISTING ANNEXATION
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SITE
VICINITY MAP
NOT TO SCALE
LOT 4
6,531 sq. ft.
0.14 o.cres
SCALE: 1" = 60'
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED ORANGE AVENUE 92-01
DATE: JAN. 1992
BY: H. BACUS
SCALE: 1" = 60'
REVISED: 3-20-92