CC Resolution No. 8028
'.
RFSOIlJ'I'ION NO. 8028
A RFSOIlJ'I'ION OF 'mE CITY CXXJNCIL OF 'mE CITY OF aJPERrrnO
MAKING DEI'ERMINATIONS AND APPROVING 'mE ANNEXATION OF TERRrroRY
DESIGNATED "AIMADEN AVENUE 89-11", APPROXIMATELy 0.14 ACRE IDCA'I'ED
ON 'mE SOUlH SIDE OF AIMADEN AVENUE BErrWEEN OLIVE
AVENUE AND BYRNE AVENUE;
LENIHAN (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 consisting of 0.14 acre on
the south side of A11naden Avenue between Olive Avenue am Byn1e Avenue
(Am 357-15-031) has been filed with the City of CUpertino; am
WHEREAS, on January 2, 1990, the City Council adopted Resolution No.
8013 initiatin:J proceedings for annexation of the area designated "A11naden
Avenue 89-11"; am
WHEREAS, said territo:ry is uninhabited am all owners of lam included
in the proposal consent to this annexation; am
WHEREAS, Section 35150.5 of the California Government Code states that
the Local Agency Formation Commission shall not have any authority to
review an annexation to any city in Santa Clara County of \.111inco:rporated
territo:ry which is within the w:ban S8J:Vice area of the city of the
annexation if initiated by resolution of the legislative bcxly am
therefore the City COlmcil of the City of Cupertino is I1OW'the conductin:J
authority for said annexation; am
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of lam within the affected territo:ry
the City Council may approve or disapprove the annexation without public
hearin:J; am
WHEREAS, evidence was Presented to the City Council;
NCM, 'IHEREF~, BE IT RFSOLVED 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
Govemment Code for the annexation of property designated "Almaden
Avenue 89-11," more particularly described in Exhibit "A";
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RESOIDl'IOO NO. 8028
2. That the follCMin;¡- fiIñirxJs are made by the City Council of the City
of CUpertino:
a. That said territo:ry is uninhabited am oamprises awroxiJnately
0.14 acre.
b. That the annexation is oonsistent with the orderly annexation of
territ:œ:y with the City's w:ban service area am is oonsistent
with the City policy annexirx:J when providing City services.
c. '!he City Council has oampleted an initial study am has found
that the annexation of said territo:ry has no significant impact
on the environment, am previously approved the granting 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 changes in
special districts.
f. That the territo:ry is within the city w:ban service area as
adopted by the Local Agency Fomation Cannnission.
g. That the annexation is made subject to no terms am conditions.
h. That the County SUrveyor has deteJ:ntined the boun:Jaries of the
proposed annexation to be definite am certain, am in oampliance
with the Cannnission's road annexation policies. '!he City shall
reiInbJrse the County for actual costs incurred by the County
SUrveyor in maJdn;J this determination.
i. That the proposed annexation does not create islan:ls or areas in
which it would be difficult to provide numicipal services.
j. That the proposed annexation does not split line of assessment of
CMnership.
k. That the proposed annexation is consistent with the City's
General Plan.
1. That the City has oamplied with all conditions inp:>sed by the
cxmnission for inclusion of the territo:ry in the City's w:ban
service area.
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RFSOIUl'ION NO. 8028
m. That the territory to be annexed is contiguous to exist:in;J City
limits urñer provisions of the Go\Ten'nnent Code.
3. That said amexation is heJ:by ordered without election p.m;uant to
Section 35151 et seq. of the Goverrnnent Code.
4. That the Clerk of the City Council of the City of CUpertino is
directed to give notice of said amexation as pres=ibed by law.
PASSED AND ADOPI'ED at a regular meetin;J of the City Council of the
City of CUpertino this 5th day of February 1990, by the
follOW':in;J vote:
Vote Members of the City Colmail
AYES: Goldman, Sorensen, Szabo, Rogers
NOES: None
ABSENT: Koppel
ABSTAIN: None
ATrEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of CUpertino
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ALMADEN AVENUE 89-11
(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 II, 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 80-13";
Thence EAST, 56.0 feet along said annexation "Almaden 80-13";
Thence SOUTH, 110.82 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, 110.82 feet to the Point of Beginning.
Containing: 0.14 Acres more or less
A.P.N.: 357-15-31