CC Resolution No. 8029
RESOIIJI'ION NO. 8028
A RESOIIJI'ION OF THE CITY CXJUNCIL OF THE CITY OF aJPERI'D'ID
MAKING DEI'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRI'roRY
DFSIGNATED "AIMADEN AVENUE 89-11", APPROXIMATELY 0 .14 AæE I.OC'A'I'ED
ON THE SOO'IH SIDE OF AIMADEN AVENUE BEITWEEN OLIVE
AVENUE AND BYRNE AVENUE;
IENIHAN (Am 357-15-031 - 21841 AIMADEN AVENUE)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the County of Santa Clara consistin;J of 0.14 acre on
the south side of A1Jnaden AVemle between olive Avemæ and Byrne Avenue
(Am 357-15-031) has been filed with the city of CUpertino; and
WHEREAS, on January 2, 1990, the city Council adcpt:ed Resolution No.
8013 initiatin;J proceedings for annexation of the area designated "A11naden
AVemle 89-11"; and
WHEREAS, said territo:ry is 1.1I1inhabited 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 Agerq Fomation Commission shall not have arr¡ authority to
reìrier,.¡ an annexation to arr¡ city in santa Clara County of unincorporated
territo:ry which is within the urtJan service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the City COlUlCil of the city of CUpertino is now the conductin;J
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 territo:ry
the City Council may approve or disapprove the annexation without public
hearin;J; and
WHEREAS, evidence was presented to the City Council;
NCM, 'IHEREFORE, BE IT RESOLVED by the city Council of the City of
CUpertino as follows:
1. That it is the conductin;J authority pursuant to section 35150.5 of the
Government COde for the annexation of property designated "Almaden
Avenue 89-11," =re particularly described in Exhibit "A";
-1-
RESOIIJI'ION NO. 8028
2. That the fo11owin;J fin:iin;Js are made by the city Council of the City
of CUpertino:
a. That said territo:ry is 1.1I1inhabited and c::auprises aPP=Xirnate1y
0.14 acre.
b. That the annexation is consistent with the orderly annexation of
territo:ry with the city's urtJan service area and is consistent
with the city policy annexing when providin;J city services.
c. '!he City Council has completed an initial study and has fourrl
that the annexation of said territo:ry has no significant iJrpact
on the environment, and previously approved the grantin;J of a
Negative Declaration.
d. '!he City Council on J\.me 4, 1984, enacted an ordinance prezonin;J
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 urtJan service area as
adopted by the Local Agerq Fomation Commission.
g. That the annexation is made subject to no tams and comitions.
h. That the County SUrveyor has determined the boundaries of the
proposed annexation to be definite and certain, and in compliance
with the Commission's road annexation policies. '!he city shall
reimburse the County for actual costs incurred by the County
SUrveyor in maJd.rx] this determination.
i. That the proposed annexation does not create islands or areas in
which it would be difficult to provide lIIl1I1icipal 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 complied with all comitions imposed by the
c:amnission for inclusion of the territo:ry in the City's urtJan
service area.
-2-
RESOIIJI'ION NO. 8028
m. That the territo:ry to be annexed is contiguous to existin;J City
limits urrjer provisions of the Government COde.
3. That said annexation is herby ordered without election ¡;xJrSUant to
section 35151 et seq. of the Government 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 ADOPl'ED at a regular meetin;J of the City Council of the
city of CUpertino this 5th day of February 1990, by the
fo11owin;J vote:
Vote Members of the City Council
AYES: Goldman, Sorensen, Szabo, Rogers
NOES: None
ABSENT: Koppel
ABSTAIN: None
ATI'FSI': APPROVED:
/s/ Dorothy Cornelius
city Clerk
/s/ Barbara A. Rogers
Mayor, City of CUpertino
-3-
~? .
0<: ,\f:J ~
~ ~,,~ () 0 "
~o ~.v
ï \/.
I
I
I
I
I
- __..J- -~~\V~- AYË~ --~\-
AL.MAP~N AV'C.· '_JF ____ i
¡fA P N Q..^ I~" /
.--.... L~I\A E. C-A-'-...J .
9C.Al.-E:: " ~ /00'
1-0MlTh AVt=..
IEÞg
~
----- .---
5,-.0' -y;
"
.B· :t . .~~ r '......,---
r¿ ¡"'fO :;\ I-
\lO'-'i:~1; . 'J
0 . ,,/Q 0
o w-
':! =Ò.\~/ ::- \/I
·''3>I>;D'··
W£'.~T
:-;351-/6- ...
APN :;ì ::>1
NDVC¡/Î 'í2...EP- 1'15cl
ST~VENS CR£El<. BLVD.
l I
Ia
Z
~ ALMADE.N
\'í\
10
~
:z ~ i
~ ti
V\ Q
~ !;
Ol/VoS:
SITE.
':
/VIce. E Ll.AN RD.
LOCATioN MAP
Se.A.L..E.: 1".1000'
~
~
o
PROPOSED ÅNi'~ ~XAìlC>N
TD TH E.
(, TY OF GUf"E¡¿T/rJO
Er.JTITLCO
"AL MADe: t'J AVE. Sq - II ,:
( LEN I HA.\'·J )
· .
,
ALMADEN AVENUE 89-ll
(LENIHAN)
ALL that certain real property situated in the County of Santa Clara, State of
California, more particularly described as follows:
Beginning at the northwest corner of Section 99 as shown on the certain map
entitled "MAP OF SUBDIVISION "A" MONTA VISTA", which map was filed for record
in the office of the Recorder of Santa Clara County on April ll, 1917 in
Book P of Maps, Page 20; said corner being along the boundary of that certain
annexation to the City of Cupertino entitled "Almaden 80-l3";
Thence EAST, 56.0 feet along said annexation "Almaden 80-l3";
Thence SOUTH, llO.82 feet to a point along the southerly boundary of said
Section 99;
Thence WEST, 56.0 feet along the southerly boundary of said Section 99;
Thence NORTH, llO.82 feet to the point of Beginning.
Containing: 0.l4 Acres more or less
A.P.N.: 357-15-3l