CC Resolution No. 8125
RESOII1l'ION NO, 8125
A RESOII1l'ION OF '!HE CI'lY CXXJNCIL OF '!HE CI'lY OF aJPER1'INO
MAKING DEI'ERMINATIONS AND APProVING '!HE ANNEXATION OF TERRI'roRY
DESIGNATED "OLIVE AVENUE 90-03", Al'IroXIMATELY 0.08 ACRE LOCATED
ON '!HE NORIH SIDE OF OLIVE AVENUE BElWEEN ORANGE
AVENUE AND PASADENA AVENUE; REYNOIœ (Am 357-18-030)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the County of Santa Clara consisting of 0,08 acre on
the north side of Olive Avenue between Orange Avenue and Pa""'dena Avenue
(Am 357-18-030) has been filed with the City of CUpertino; and
WHEREAS, on April 2, 1990, the City Council adopted Resolution No,
8094 initiating p1:............ciings for annexation of the area designated "Olive
Avenue 90-03"; and
WHEREAS, said territory is ID1inhabited and all owners of land included
in the p1:"~ consent to this annexation; and
WHEREAS, Section 35150,5 of the Califomia Govermnent Code states that
the Local Agency Formation Canmission 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 confucting
authority for said annexation; and
WHEREAS, Govermnent 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
hearing; and
WHEREAS, evidence was presented to the city Council;
NCM, 'IHEREJ:<~, BE IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. 'Ihat it is the oorr:iucting authority pursuant to Section 35150,5 of the
Government Code for the annexation of property designated "Olive
Avenue 90-03," more particularly described in Exhibit "A";
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RESOWrION NO, 8125
2, '!hat the following finlings are made by the City Council of the City
of CUpertino:
a, '!hat said territo:ry is uninhabited and conprises approximately
0,08 acre,
b, '!hat the annexation is consistent with the orderly annexation of
territo:ry with the City's urt>an service area and is consistent
with the City policy annexin;r when provi~ City services,
c, '!he City Council has caup1eted an initial study and has found
that the annexation of said territo:ry has no significant inpact
on the envixonment, and previously approved the grantin3' of a
Negative Declaration,
d, '!he 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 chan;¡'es in
special districts,
f, '!hat the territo:ry is within the City urt>an service area as
adopted by the IJ:x::al Aqerv;::y Formation Cammission,
g, '!hat the annexation is made subject to no terms and conditions,
h, That the CoImty SUrveyor has determined the boundaries of the
p1:0þ.Jc;ed annexation to be definite and certain, and in caupliance
with the Camnission's road annexation policies, '!he City shall
re:iJnburse the CoImty for actual costs incurred by the County
SUrveyor in makin;J this determination,
i. '!hat the proposed annexation does not create islands or areas in
which it would be difficult to provide DD.It1Ìcipal services,
j , '!hat the p:tOþvbeci annexation does not split line of assessment of
ownership,
k, '!hat the p:topvt.ed annexation is consistent with the City's
General Plan,
1. '!hat the City has cauplied with all conditions i.nposed by the
camnission for inclusion of the territo:ry in the City's urt>an
service area,
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RESOWl'ION NO, 8125
m, '!hat the territo:ry to be annexed is contiguous to existing City
limits under provisions of the Govemment Code,
3, '!hat said annexation is heJ:by ordered without election pursuant to
Section 35151 et seq, of the Govemment Code,
4, '!hat the Clerk of the City Council of the City of CUpertino is
directed to give notice of said annexation as pres=ibed by law,
PASSED AND ADOPl'ED at a
city of CUpertino this 7th
following vote:
Vote Members of the City Council
regular meeting of the city Council of the
day of May , 1990, by the
AYES: Goldman, Sorensen, Szabo, Rogers
NOES: None
ABSENT: Koppel
A:8S'mIN: None
ATrEST: APERCVED:
/s/ Dorothy Cornelius
City Clerk. Deputy
/s/ Barbara A. Rogers
Mayor, city of CUpertino
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'.
,
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OLIVE AVENUE 90-03
(~"lNOIDS)
All that oertain real property situate in the County of Santa Clara, state
of California, !TOre partiooarly described as follows:
Beginning at the northwest oorner of IDt J, in Block 9. as shown on that
certain !rap entitled, "Map of Resubdivision of subdivision No, 1, 'I'<:Mn of
Menta vista", which map was filed for record in the Office of the Recorder
of the County of Santa Clara, state of california on lIpril 11, 1917 in
Volurœ P of Maps, at Page 24;
'lhence :E:AST I 35 \ 00 feet to the northeast oorre.r of IDt J, Block 9;
'!hence SOUIH, 97.70 feet to the southeast comer of Lot J, Block 9 said
point also being along that oertain annexation to the city of CUpertino
entitled "AlMADEN SO-13";
'lher1ce WEST, 35.00 feet along said annexation "AIMADEN 80-13" to the
southwest corner of Lot J. Block 9, said point also being alon;J that
certain proposed annexation to the City of CUpertino entitled "ORANGE:
90-02";
'!hence NORIH, 97.70 feet to the ~int of Beginnin:J.
Containing: 0,08 acres '(V.')re or less
AFN; 357-18-30
"EXHIBIT An
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