CC Resolution No. 8282
RESOI11l'ION NO. 8282
A RESOI11l'ION OF THE CITY <XXJNcn. OF THE CITY OF aJPERl'INO
MAKING DEl'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRI'roRY
DFSIGNATED "ORANGE AVENUE 90-08", APPR:>XIMA'l'EDl .37 ACRE IDCATED
ON THE WEST SIDE OF ORANGE AVENUE BE'lWEEN SAN FERNANOO
AVENUE AND AICAZAR AVENUE; YANG (Am 366-03-015)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the Colmty of Santa Clara consisting of .37 acre on
the west side of Orange Avenue between San Fernando Avenue and Alcazar
Avenue (Am 366-03-015) has been filed with the City of CUpertino; and
WHEREAS, on November 5, 1990, the City Council adopted Resolution No.
8258 initiating proceedings for annexation of the area designated "Orange
Avenue 90-08"; 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 1>qmcy Formation Camnission shall not have any authority to
review an annexation to any City in Santa Clara Colmty of unincorporated
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 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; an:l
WHEREAS, evidence was presented to the City Council;
NCM, 'lliEREFORE, 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 90-08," more particularly described in Exhibit "A";
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RESOilJI'ION NO. 8282
2. That the following f:in:iings are made by the City Council of the city
of CUpertino:
a. That said territory is uninhabited and c::œprises approxiJnately
.37 acre.
b. That the annexation is consistent with the orderly annexation of
territory with the City's uman service area and is consistent
with the city policy annexing when providing City services.
c. The City Council has c:x:mpleted an initial study ani has fourrl
that the annexation of said territory has no significant ÍlIpact
on the envirornnent, 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 Rl-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 uman service area as
adopted by the Local l\t;Jerq Formation ConmIission.
g. That the annexation is made subject to no terms ani con:titions.
h. That the County surveyor has deteImined the bourx1aries of the
proposed annexation to be definite and certain, and in c:x:mpliance
with the Ccmmission's road annexation policies. The City shall
reimburse the County for actual costs incurred by the County
SUrveyor in making this det:ermination.
i. 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 p1:0p0sed annexation is consistent with the city's
General Plan.
1. That the City has c:x:mplied with all con:titions .iJI1posed by the
cxmnission for inclusion of the territory in the City's uman
service area.
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RESOIlJI'ION NO. 8282
m. That the territory to be annexed is contiguous to existing City
limits umer provisions of the Government Code.
3. That said annexation is he:tby ordered without election p,¡rsuant to
Section 35151 et seq. of the Government Code.
4. That the Clerk of the City Council of the City of OJpertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND ADOPI'ED at a regular meeting of the City Council of the
City of OJpertino this llth day of December , 1990, by the
following vote:
Vote Members of the Citv Council
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATI'EST: APPROVED:
/s/ Dorothy Cornelius
city Clerk
/s/ Barb Koppel
Mayor, city of CUpertino
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.
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"ORANGE AVENUE 90-8"
(YANG)
All that certain real property situate in the 0Junty of Santa Clara, State
of California, lIm"e particularly described as follows:
A portion of Lot 114, Lot 130, and portions of OI:'éIn; 'e Averwe as shewn on
that certain map entitled, "Map of SUlxtivision "A" »:u1ta Vista:", which
Map was filed for record in the office of the Recorder of the 0Junty of
Santa Clara, State of California on April 11, 1917 in Book "P" of Maps,
Page 20, and being lIm"e particularly described as follaolS:
.
BegiJ1ning at the oortheast corner of said Lot 114:
Thence SOUIH, 50.00 feet alOlYJ the easterly bourxiary of said Lot 114;
Thence WEST, 100.15 feet to a point being alOlYJ the westerly l:xJun:iary of
said Lot 114;
Thence SOUIH, 55.65 feet alOlYJ the westerly bourxiary of said Lot 114 am
said Lot 130;
Thence FASl', 100.15 feet to a point being alOlYJ the easterly l:xJun:iary of
said Lot 130;
Thence SOUIH, 158.51 feet alOlYJ the westerly sideline of orëuY:1e Avenue as
shewn on said Map;
Thence FASl', 40.00 feet to a point on the easterly sideline of orëuY:1e
Avenue as shewn on said Map;
Thence NORlH, 264 .16 feet alOlYJ the easterly sideline of orëuY:1e Avenue as
shewn on said map;
Thence WEST, 40.00 feet to the Point of BegiJ1ning.
O:mtaining 0.37 acres, lIm"e or less.
J\PN 357-15-60
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PROPOSE.O ANNEXA'1"ION
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