CC Resolution No. 8606
RESOllJ'l'IW ID. 8606
A RESOllJ'l'IW OF THE CITY <XXJNCIL OF THE CITY OF aJPERTIN:)
MAKJN; DE'lERMINATIŒS AND 1\PPRCI\TIK; THE ANNEXATIW OF TERRI'lœ.Y
DESIGNATE!) "SAN FERNANDO AVENUE 92-02", APPROXIMATELY .25 ACRE
IDCA'lED W THE IDRlH SIDE OF SAN FERNANDO AVENUE BE'lWEEN
BYRNE AVENUE AND QRAN:;E AVENUE; PAN/FAK; (APN 357-15-044)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara ronsisting of .25 acre on
the north side of San Fernando Avenue between Byrne Avenue and Orange
Avenue (APN 357-15-044) has been filed with the City of Cupertino; and
WHEREAS, on February, 18, 1990, the City Council adopted Resolution
No. 8598 initiating proceedings for annexation of the area designated "San
Fernando Avenue 92-02"; and
WHEREAS, said territory is unilJhabited 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 IDeal Agency Fonnation Calmission shall not have any authority to
review an annexation to any City in Santa Clara County of uninrorporated
territory which is within the urban service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the City oouncil of the City of CUpertino is now the cxmducting
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 mayawrove or disawrove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
NCM, 'mEREFQRE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. That it is the cxmducting authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "San
Fernando Avenue 92-02," IIDre particularly described in Exhibit "A";
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RESOllJTIW ID. 8606
2. That the following findings are made by the City Council of the City
of Cupertino:
a. That said territory is uninhabited and exmprises ~tely
.25 acre.
b. That the annexation is oonsistent with the orderly annexation of
territory with the City's mban service area and is cxmsistent
with the City policy annexing when providing City services.
c. '!he City Council has exmpleted 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. '!he City Council on June 4, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino Rl-7.5 zone.
e. Armexation to the City of Cupertino will affect no changes in
special districts.
f. That the territory is within the City mban service area as
adopted by the IDeal Agency Fonnation Camri.ssion.
g. That the annexation is made subject to no tenns and conditions.
h. That the County SUrveyor has detenni.ned the boundaries of the
proposed armexation to be definite and certain, and in exmpliance
with the Camri.ssion's road armexation policies. '!he City shall
reinburse the County for actual oosts incurred by the County
SUrveyor in making this detennination.
i. That the proposed armexation does not create islands or areas in
which it 1NOuld be difficult to provide nnmicipal services.
j . That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is oonsistent with the City's
General Plan.
1. That the City has exmplied with all conditions inp>sed by the
cxmnission for inclusion of the territory in the City's mban
service area.
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RESOLUTIW ID. 8606
m. That the territory to be annexed is cx>ntiguous to existing City
limits under provisions of the Govermœnt Code.
3. That said annexation is herl::Jy ordered without election pursuant to
Section 35151 et seq. of the Govermœnt 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 AOOPl'ED at a
City of CUpertino this 16th
following vote:
Vote MaIiJers of the Citv Council
regular Jœeting of the City Council of the
day of March , 1992, by the
AYES: Dean, Goldman, Koppel, Szabo, Sorensen
NJES: None
ABSENT: None
ABSTAIN: None
ATlEST: APPRO\IED:
/s/ Dorothy Cornelius
City Clerk
/s/ Lauralee Sorensen
Mayor, City of CUpertino
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,
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"txlilEIT Á"
"San Fernando Ave. 92-02"
Revised: February 6, 1992
All that certain property situated in the county of Santa Clara,
State of California, more particularly described as follows:
Portion of section 109 as shown on that certain "Map of Subdivision
"A" Monte vista", which was filed for record in the office of the
recorder of said county on April 11, 1917 in Boo}. P of Maps at Page
20, more particularly described as follows:
intersection of the Northerly line of San Fernando
boundary line of said section 109; said point also
point in that boundary line of that certain
City of cupertino entitled "San Fernando Ave 88-
Begin~ing at the
and tne westerly
being; an angle
annexation to the
,07" by Res 7696.
Thence from said Point of Beginning North 19S.42 feet along the
easterly boundary line of that certain annexation to City of
cupertino entitled "San Fernando Ave. 8S-07" by Res 7696 to the
northwest corner of section 109;
Thence East 50.00 feet;
Thence South 19S.42 feet;
Thence West 50.00 feet along the northerly line of San Fernando
Avenue also being a northerly boundary line of said annexation, to
the Point of Beginning.
Containing:
9,921 square feet, more or less.
0.227 acres, more or less.
APN: 357-15-044
By: H.B.
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MAPS OF
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SAN FERNANDO AVE.
VICINITY MAP
NOT TO SCALE
NOI<TH
PARCEL-44
r9'921 sq, ft,
0.227 acres
196.42'
"
EXHIBIT B
= BOUNDARY LINE OF
PROPOSED ANNEXATION
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED SAN FERNANDO AVE. 92-02
----
= BOUNDARY LINE OF
EXISTING ANNEXATION
DA TE: JAN. '992
BY: H. BACUS
SCALE: 1" = 60'
REVISED: 2-06-92