CC Resolution No. 8483
RESOWTICN 00. 8483
A RESOWTION OF THE CITY CXXJNCIL OF THE CITY OF CUPERTINO
MAKIN:; DE'JERMINATICNS AND Al'PROITIN:; THE ANNEXATICN OF 'lERRI'lŒY
DESIGNA'lED "IMPERIAL AVENUE 91-1", APPROXIMA'lELY .16 ACRE IDCA'lED
CN THE EAST SIDE OF IMPERIAL AVENUE BE'IWEEN OLIVE
AVENUE AND ALCAZAR AVENUE; ~ (APN 357-19-054)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara consisting of .16 acre on
the east side of Inperial Avenue between Olive Avenue and Alcazar Avenue
(APN 357-19-054) has been filed with the City of CUpertino; and
WHEREAS, on July 29, 1990, the City Council aàJpted Resolution No.
8464 initiating proceedings for annexation of the area designated
"Inperial Avenue 9l-l"; and
WHEREAS, said territory is uninhabited and all owners of land included
in the proposal cxmsent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that
the IDeal Agency Fo:rmation Cannission shall not have any authority to
review an annexation to any City in Santa Clara County of unincorporated
territory which is within the urtJan service area of the city of the
annexation if initiated by resolution of the legislative lxxiy am
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 nay approve or cIisa¡:prove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
l«M, THEREl.'Ot<J!;, BE IT RESOLVED by the City Council of the City of
CUpertino as fOllOWB:
1. '!bat it is the conducting authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Inperial
Avenue 91-1," ßPre particularly described in Exhibit "A";
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RESOliJ'l'ION 00. 8483
2. 'lhat the following findings are made by the City Council of the City
of CUpertino:
a. 'lhat said territory is uninhabited and <:œprises arproximately
.16 acre.
b. 'lhat the annexation is consistent with the orderly annexation of
territory with the City's mban service area and is consistent
with the City policy annexing when providing City services.
c. '!he City Council has cx:IIpleted an initial study and has found
that the annexation of said territory has no significant inpact
on the enVhULJ1'''''lt, 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 P(ML) zone.
e. Armexation to the City of CUpertino will affect no changes in
special districts.
f. 'lhat the territory is within the City mban service area as
adopted by the IDeal Agency Fonnation Caonission.
g. 'lhat the annexation is made subject to no teJ:ms and cx>nditions.
h. 'lhat the County Surveyor has deteI:mined the boundaries of the
proposed annexation to be definite and certain, and in cx:IIpliance
with the Cannission's road annexation policies. '!he City shall
reiJriJurse the County for actual cx>sts incurred by the County
Surveyor in making this det.enniIJation.
i. '!hat the proposed annexation does not create islands or areas in
which it \\UU1d be difficult to provide nnmicipal services.
j . 'lhat the proposed annexation does not split line of assessment of
ownership.
k. 'lhat the proposed annexation is consistent with the City's
General Plan.
1. 'lhat the City has cx:IIplied with all cx:>nditions inposed by the
cxrrmission for inclusion of the territory in the City's mban
service area.
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RESOllJTICN NO. 8483
m. '!hat the territory to be annexed is contiguous to existing City
limits under provisions of the Govenment Code.
3. '!hat said annexation is hemy ordered without election pursuant to
Section 35151 et seq. of the Goverrntrant Code.
4. '!hat 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 AOOP'lED at
City of CUpertino this
following vote:
vote MelltJers of the City Council
a regular meeting of the City Council of the
19th day of August , 1991, by the
AYES: Goldman, Rogers, Sorensen, Koppel
RES: None
ABSENT: Szabo
ABSTAIN: None
A'l'IEST: APPRO\7ED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barb Koppel
Mayor, City of CUpertino
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"EXHIBrr A"
ANNEXATION 'IO THE Cl'I'Y OF CXJPERl']NO
ENITI'LED IMPERIAL AVE. 91-1
DATE: MARCH 1991
All that certain real property situate in the Colmty of Santa Clara,
state of California, more particularly described as follows:
Beginning at the northwest =mer of IDt 2 as shown on that certain map
entitled, "Record of SUrvey of Lands of R. Pedersen", which map was filed
for record in the Office of the Recorder of the Colmty of Santa Clara,
state of California, on March 21, 1961 in Book 130 of Maps, at Page 48:
Thence NORTH, 50.00' along that certain annexation to the City of
CUpertino entitled "IIrperial 71-7";
Thence EAST. 135.00' alon;¡ that certain annexation to the city of
CUpertino entitled "IIrperial 89-09';
Thence SOUTH, 50.00' alon;¡ that certain annexation to the City of
CUpertino entitled ''McClellan I-A";
'Ihence WEST, 135.00' to the POINI' OF BEX;INNING.
Containing: 0.155 Acres, more or less.
6,750 Square Feet, more or less.
APN: 357-19-054
REVISIONS: July 9, 1991
By: K.R.
(Initials)
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Bð~NDA(fY LIUE ðF
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ANNEXA T"I ON
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PROPOSED ANNEXATION
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CITY of CUPERTINO
ENTITLED
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