CC Resolution No. 8124
RESOWl'ION NO, 8124
A RESOIDl'ION OF 'IHE CITY CXXJNCIL OF '!HE CITY OF aJPERl'INO
MAKING DEl'ERMINATIONS AND APPOOVING '!HE ANNEXATION OF TERRI'IORY
DESIGNATED "ORANGE AVENUE 90-02", APPROXIMA'l'ElN 1. 73 ACRES IDCATED
ON 'IHE FMl' AND WEST SIDES OF ORANGE AVENUE BElWEEN GRANAI:II\
AVENUE AND AIMADEN AVENUE; BOCMN (AmS 357-17-048,
49, 77, 78, 79, 357-15-12 - 2176l ICMITA AVENUE,
21771 ICMITA AVENUE, 10130 ORANGE AVENUE,
10120 ORANGE AVENUE, 10216 ORANGE AVENUE)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of 0Jpertin0 in the County of Santa Clara consisting of 1. 73 acres on
the east and west sides of Oran:Je Avenue between Granada Avenue and
Þ.l""'dE'n Avenue (AFNs 357-17-048, 49, 77, 78, 79, 357-15-12) has been filed
with the City of 0Jpertin0; and
WHEREAS, on April 2, 1990, the City Council adopted Resolution No,
8079 initiating proceeclin;Js for annexation of the area designated "Oran:Je
Avenue 90-02"; and
WHEREAS, said territo:ry is uninhabited and all owners of land included
in the prcposa1 consent to this annexation; and
WHEREAS, Section 35150,5 of the California Gove:rnment Code states that
the Local 1!qercy Formation Commission shall not have any authority to
review an annexation to any City in santa Clara County of unincorporated
territo:ry 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 con:lucting
authority for said annexation; and
WHEREAS, Goverrnnent 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;
Næ, 'IHEREFORE, BE IT RESOLVED by the city council of the City of
CUpertino as follows:
1. '!hat it is the ~ authority pursuant to Section 35l50,5 of the
Gove:rnment Code for the annexation of property designated "Oran:Je
Avenue 90-02," JOC>re particularly described in Exhibit "A";
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RESOII1l'ION NO, 8124
2, '!hat the followin::J fin:lin;¡s are made by the City Ccuncil of the city
of CUpertino:
a, '!hat said territo:ry is uninhabited and caaprises approximately
1. 73 acre,
b, '!hat the armexation is consistent with the orderly armexation of
territo:ry with the City's w:ban service area and is consistent
with the City policy annexin;J when provi.din;J City services.
c, '!he City council has completed an initial study and has found
that the armexation of said territo:ry has no significant inq:>act
on the environment, and previously approved the granting of a
Negative Declaration,
d, '!he City Council on June 4, 1984, enacted an ordinance prezoni.ng
the subject territo:ry to City of CUpertino Rl-7,5 zone,
e, Annexation to the City of CUpertino will affect no cl'Iames in
special districts,
f, '!hat the territo:ry is within the city w:ban service area as
adopted by the IDeal Agency Fonnation Commission,
g, '!hat the annexation is made subject to no tems and conditions,
h, '!hat the County SUrveyor has det:eJ:mined the boun:3aries of the
proposed annexation to be definite and certain, and in compliance
with the Chnmi"sion's road annexation policies, '!he City shall
reimburse the County for actual costs incurred by the County
SUrveyor in making this detennination,
i. '!hat the proposed annexation does not create islands or areas in
which it wculd be difficult to provide Dn.111icipal services,
j , '!hat the proposed annexation does not split line of assessment of
ownership,
k, '!hat the proposed armexation is consistent with the city's
General Plan,
1. '!hat the City has complied with all conditions :i11qJosed by the
cannnission for :inclusion of the territo:ry in the city's w:ban
service area.
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RESOLUl'ION NO, 8124
m, 'Ihat the territo:ry to be annexed is contiguous to existin;J city
liInits un:ier provisions of the Government Code,
3. 'Ihat said annexation is hemy ordered without election pursuant to
Section 35151 et seq, of the Government Code,
4, 'Ihat 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 AOOPI'ED at
City of CUpertino this
following vote:
Vote Members of the City Council
a regular meetin;J of the City Council of the
4th day of June , 1990, by the
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENl': None
ABSTAIN: None
ATrEST: APP.ROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of CUpertino
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ORANGE AVENUE 90-02
(B1nIN)
All that certain real property situate in the County of Santa Clara, State
of California, =re particularly described as follows:
Beginning at the northeast corner of Section 61 as shown on that certain
map entitled ''MAP OF SUBDIVISION "A" M:)NI'A VISl'A", which map was filed f=
rec=d in the office of the Recorder of Santa Clara County on April 11,
1917 in Book P of Maps, Page 20; said corner being alQn3' the boI.1mary of
that certain annexation to the City of euperti,no entitled "HERIoDSA
71-12"; .
'lhenCe EASl', 30,00 feet alQn3' said annexation 'HERIoDSA 71-12" to a point
alOl'XJ the easterly boI.1mary of Lot G, Block 4, as shown on that certain
map entitled, ''Map of ResuI:xlivision .of SUIxlivision No, 1, Town of Menta
Vista", which map was filed for rec=d in the Office of the Recorder of
the County of Santa Clara, state of California on April 11, 1917 in Volume
P of Maps, at Page 24;
'lhenCe NQRIH, 121.36 feet alOl'XJ said annexation "HERIoDSA 71-12" to a point
being the southwest corner of that certain annexation to the City of
CUpertino entitled "GRANADA 73-4" said point also being the n=thwest
c=ner of Lot E, Block 4 of said map;
'lhenCe EASl', 135.00 feet to the southeast corner of said annexation
"GRANADA 73-4" said point also being the northeast corner of Lot E, Block
4;
'Ihence SOUIH, 275,00 feet to the southeast corner of Lot K, Block 4;
'Ihence EASl', 130.00 feet to the northwest corner of that certain
annexation to the city of CUpertino entitled "c.tJVA 72-4" said point also
being the southeast corner of Lot; M, Block 4;
'Ihence SOUIH, 60.00 feet alon;¡ the westerly boI.1mary of said annexation
"c.tJVA 72-4" said point also being the northeast corner of Lot D, Block 9;
'lhenCe WESl', 265,00 feet to the northwest corner of Lot A, Block 9;
'Ihence SOUIH, 385,70 feet to the southwest corner of Lot J, Block 9, said
point also bein;J alon;¡ that certain annexation to the City of CUpertino
entitled "AlMADlli 80-13";
'Ihence WESl', 30,00 feet to a point cammon to said annexation "AlMADlli
80-13", and the easterly boun::iry of that certain annexation to the City of
CUpertino entitled "ORANGE 87-02";
Page 1 of 2
"£XHIB~T A"
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ORANGE AVENUE 90-02
(BI<Cm) Continued
'Ihence NORIH, 129,16 feet to a point alan;J the westerly right of way line
of C>ran:Je Avenue as shown on said map entitled "Map of SUJ:xlivision "A"
Menta Vista";
'Ihence wær, 105,15 feet to a point being alan;J the easterly boun:Jary of
said annexation "AIMADEN 80-13";
'Ihence NORIH, 40.12 feet;
'Ihence EAST, 105,15 feet to the northeast comer of I.Dt 95;
'Ihence NORIH, 430,06 feet to the Point of Beginning,
Containing 1.73 acres, nore = less,
APN 357-l7-Q8. Q9. 77. 78. 79
357-l5-l2
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LOCATION MAP
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PROPOSED ANNEXATION
TO THE
CITY OF CUPERTINO
ENTITLED
ORANGE AVE 90-02
MAR 1990 SCALE 1"-100'
(BROWIII)