CC Resolution No. 7933
RESOIIJTION NO. 7933
A RESOIIJI'ION OF THE CIT1{ CXJONCIL OF THE CIT1{ OF aJPERl'INO
MAKING DEI'ERMINATIONS AND APProVING THE ANNEXATION OF TERRrroRY
DESIGNATED "PASADENA AVENUE 89-08", APPROXIMATELY 0.224 ACRE LOCATED
ON PASADENA AVENUE BEIWEEN LCMITA AVENUE AND
OLIVE AVENUE, HWUjYANG (Am 357-18-026 - 10249 PASADENA AVENUE)
WHEREAS, a petition for the annexation of certa:in territory to the
City of OJpertino :in the County of Santa Clara consistin;J of 0.224 acre on
Pasadena Avenue between Ianita Avenue aro. Olive Avenue (Am 357-18-026)
has been filed with the city of OJpert:ino; aro.
WHEREAS, on August 21, 1989, the City Council adopted Resolution No.
7910 initiatin;J proceectings for annexation of the area designated
"Pasadena Avenue 89-08"; aro.
WHEREAS, said territory is uninhabited aro. all owners of laro. :included
:in the proposal consent to this annexation; aro.
WHEREAS, section 35150.5 of the California Government COde states that
the IDeal Agency Formation Commission shall not have any authority to
review an annexation to any City :in Santa Clara County of 1.U1incorporated
territory which is with:in the w:Dan service area of the city of the
annexation if initiated by resolution of the legislative body aro.
therefore the City council of the City of OJpert:ino is now the con::lucting
authority for said annexation; an::l
WHEREAS, Government Code section 56837 provides that if a petition for
annexation is signed by all owners of laro. with:in the affected territory
the City Council may approve or disapprove the annexation without public
hearin;J; aro.
WHEREAS, evidence was presented to the City Council;
NCM, THEREFORE, BE IT RESOLVED by the City Council of the City of
OJpert:ino 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 "Pasadena
Avenue 89-08," m:>re particularly described :in Exhibit "A";
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RESOIIJI'ION NO. 7933
2. That the followin;J fimings are made by the City Council of the City
of OJpertino:
a. That said territo:ty is uninhabited an::l camprises approximately
0.224 acre.
b. That the annexation is consistent with the orderly annexation of
territo:ty with the City's w:ban service area aro. is consistent
with the City policy annexing when providin;J city services.
c. The City Council has campleted an :initial study aro. has fo1.U1d
that the annexation of said territo:ty has no significant iropact
on the envirornnent, aro. previously approved the grantin;J of a
Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning
the subject territo:ty to City of OJpertino Rl-7.5 zone.
e. Annexation to the City of CUpertino will affect no changes :in
special districts.
f. That the territo:ty is with:in the City w:ban service area as
adopted by the Local Agency Formation Carmnission.
g. That the annexation is made subject to no terms aro. con::litions.
h. That the County SUrveyor has determ:ined the boun::Iaries of the
proposed annexation to be def:inite aro. certa:in, aro. :in campliance
with the Carmnission's road annexation policies. '!he City shall
rellnburse the County for actual costs :incurred by the County
SU1veyor :in making this determination.
1. That the proposed annexation does not create islarrls 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 camplied with all con::litions btposed by the
commission for :inclusion of the territo:ty:in the City's w:ban
service area.
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RESOIIJI'ION NO. 7933
m. 'Ihat the territory to be annexed is contiguous to existin;J city
limits unier provisions of the Govermnent Code.
3. 'Ihat said annexation is herlJy 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 OJpert:ino is
directed to give notice of said annexation as prescribed by law.
PASSED AND AIJOPI'ED at a regular meetin;J of the City Council of the
city of OJpert:ino this 18th day of September 1989, by the
followin;J vote:
Vote Members of the city Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOFS: None
ABSENT: None
ABSTAIN: None
ATIFST: APPROVED:
Isl Dorothy Cornelius
city Clerk
Isl John J. P1ungy, Jr.
Mayor, City of OJpertino
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PASADENA AVE 89-08
(YANG)
All that certain real prop;¡rty situate in the. a:unty of Santa Clara, state
of California, nme p:¡rticularly described as follCMS:
All of rot M of Block 9,an:i a prtion of Pasadena Avenue, as shc;MJ on that
certain lII!Ip entitled " Map of ResUbdivision of SUJ:xÜvision No.1 Tam of
Menta vista",which was filed for re<Xn"Ò on April il,1917 in VolU1llEl P of
Maps Page 24, in the Office of the ,Rerorder, a:unty of Santa Clara state
of California, nme p:¡rticularly described as follCMS:
Beginning at a ¡:oint at the 1'JCIrt1west rorner of said rot M , thence EMr
100~00 feet, along the northerly .ooundarY line of rot M to the easterly
right-of-way line of J>a,Sadena Avenue;
Thence!iXXJl'H 97.70 feet,along said right-of-way to a point on the
northerly boundary line of that certain annexation to the city of
OJpertino by Resolution No.5462 entitled" Almaden 80-13 ";
flJenœ WEST 100.00 feet along the northerly right-of-way of Olive Avenue
and said annexation;
,.
~'2Jenœ NQRI'H 97.70 feet, to the roINl' OF mx;INNING.
containing: 0.224 J¡¡:;:reS, nme or less
9,770.00 square feet nme or less
AH'l 357-18-026
89,290