CC Resolution No. 8170
RESOWl'ICN NO, 8170
A RESOWl'ICN OF nIE CITY CXJUNCIL OF nIE CITY OF C1Jl'J:!a<J.'.Il'fO
MAKING DEl'ERMINATIONS AND APPROVING '!HE ANNEXATION OF TERRI'IORY
DESIGNATED "ORANGE AVENUE 90-06", APPROXIMATELY 0,15 ACRE IDCATED
ON nIE EAST SIDE OF ORANGE AVENUE BEIWEEN OLIVE
AVENUE AND ALCAZAR ö'='.L'; IHILIDN (Am 357-19-33)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the County of Santa Clara consisting of 0,15 acre on
the east side of Orange Avenue between Olive Avenue and Alcazar street
(Am 357-18-33) has been filed with the City of CUpertino; and
WHEREAS, on June 4, 1990, the City Council adopted Resolution No, 8148
initiatin'J proceediD;¡s for annexation of the area designated "Orange
Avenue 90-06"; and
WHEREAS, said territo:ry is uninhabited and all owners of land included
in the proposal consent to this annexation; and
WHEREAS, section 35150,5 of the California Goverranent Code states that
the IDeal Aqency FODnation Cormnission shall not have any authority to
review an annexation to any City in Santa Clara County of unincorporated
territo:ry which is within the uman 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 armexation; and
WHEREAS, Goverranent Code section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territo:ry
the City Council may approve or disapprove the annexation without public
heariI1g; and
WHEREAS, evidence was presented to the city Council;
NCM, 'IHEREF~, BE IT RESOLVED by the city Council of the City of
CUpertino as follows:
1. That it is the con1ucting authority pursuant to section 35150,5 of the
Goverranent Code for the annexation of property designated "Orange
Avenue 90-06," m:>re particularly described in Exhibit "A";
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RESOWl'ION NO, 8170
2, That the followin;¡' fWings are made by the city Council of the City
of CUpertino:
a, That said territo:ry is uninhabited and comprises approxil11ately
0,15 acre,
b, That the annexation is consistent with the orderly annexation of
territo:ry with the City's uman service area and is consistent
with the City policy annexing when providing City services.
c, The City Council has COI!pleted an initial study and has found
that the annexation of said territo:ry has no significant inq:>act
on the enviromnent, and previously approved the granting of a
Negative Declaration,
d, The city Council on JUne 4, 1984, enacted an ordinance prezoning
the subject territo:ry 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 territo:ry is within the city uman service area as
adopted by the I.ocal1\qency Formation Commission.
g. That the annexation is made subject to no terms and conditions,
h, That the county SUIVeyor has deteImined the boundaries of the
proposed annexation to be definite and certain, and in COI!pliance
with the Camnission's road annexation policies, The city shall
reimburse the County for actual costs incurred by the County
SUIVeyor in making this detennination,
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 proposed annexation is consistent with the City's
General Plan,
1. That the city has carq:>lied with all conditions inq:>osed by the
camnission for inclusion of the territo:ry in the City's uman
sm:vice a.rea..
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RESOWl'ION NO, 8170
m, '!hat the territo:ry to be annexed is contiguous to existing City
limits under provisions of the Government Code,
3, '!hat said annexation is hemy ordered without election pursuant to
Section 35151 et seq, of the Goveuanent 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 ADOPI'ED at
city of D.Jpertino this
following vote:
Vote Members of the City Council
a regular meeting of the City Council of the
2nd day of July , 1990, by the
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
~: None
ATrEST: APPROVED:
/s/ Dorothy Cornelius
city Clerk
/s/ Barbara A. Rogers
Mayor, City of CUpertino
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-"
ORANGE AvnruE 90-6
(DHILIDN)
All that certain real property situate in the County of Santa Clara, state
of Calif=nia, IOOre particularly described as follows:
Beginning at the northwest ~ of IDt 2 as shown on that certain map
entitled, "Tract No. 97 MAP OF NOONAN SUBDIVISION UNIT NO.1", which Map
was filed f= rec=d in the Office of the Recorder of the County of Santa
Clara, state of California, on April 13, 1939 in Book 3 of Maps, at Page
43;
'!hence EASl', 130.00' to the northeast corner of IDt 2¡
'!hence SOUIH, 50,24' to the southeast corner of IDt 2;
'!hence WEST, 130.00' to the southwest ~ of IDt 2, said = also
being along that certain annexation to the City of CUpertino entitled "SAN
FERNANOO 81-04";
'!hence NORIH,50,24' along said annexation "SAN FERNANOO 81-04" to the
point of beginning.
Containing: ,15 a=es, nore = less,
6531 square feet
APN: 357-19-33
u EXHIBIT A"
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FERNANDO
LOCATION MAP
SCALE I"" 1000'
APN 357-19-33
± ,I5ACRË5
1ó531 SQUARE FEE.T
PROPOSED ANNEXATION
TO THE .
CITY OF CUPERTINO
ENTITLED
"ORANGE" 90-6"
APRIL. ''1'10 '" 100'
(DHILLON)