CC Resolution No. 7932
RESOIIJI'ION NO. 7932
A RESOIDTION OF THE CIT1{ CXJONCIL OF THE CIT1{ OF aJPERl'INO
MAKING DEl'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY
DESIGNATED "IMPERIAL AVENUE 89-09", APPROXIMATELY 0.232 ACRE LOCATED
ON THE EAST SIDE OF IMPERIAL AVENUE BEIWEEN OLIVE AVENUE AND
ALCAZAR AVENUE, ROSA (APN 357-19-055 - 10270 IMPERIAL AVENUE)
WHEREAS, a petition for the annexation of certa:in territory to the
City of CUpertino :in the County of Santa Clara consistin;J of 0.232 acre on
the east side of Imperial Avenue between Olive Avenue aro. Alcazar Avenue
(APN 357-19-055) has been filed with the City of OJpert:ino; and
WHEREAS, on August 21, 1989, the City COUncil adopted Resolution No.
7909 :initiatin;J proceedings for annexation of the area designated
"Imperial Avenue 89-09"; and
WHEREAS, said territory is uninhabited aro. 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 '/v:¡Jency Formation Commission shall not have any authority to
review an annexation to any City :in Santa Clara County of un:incorporated
territory which is with:in the url:>an 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 OJpertino is now the conductin;J
authority for said annexation; aro.
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, 'IHEREFORE, BE IT RESOLVED by the city COUncil of the City of
OJpertino as follows:
1. '!hat it is the conductin;J authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Imperial
Avenue 89-09," m:>re particularly described :in Exhibit "A";
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RESOIIJI'ION NO. 7932
2. That the followin;J fin::lin;Js are made by the city Council of the City
of OJpertino:
a. That said territory is uninhabited aro. carrprises approximately
0.232 acre.
b. That the annexation is consistent with the orderly annexation of
territory with the City's uman service area aro. is consistent
with the city policy annexing when providin;J City services.
c. The City Council has carrpleted an :initial study aro. has foun::l
that the annexation of said territory has no significant ÍlIpact
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 territory to City of OJpert:ino Rl-7.5 zone.
e. Annexation to the City of OJpertino will affect no changes :in
special districts.
f. That the territory is with:in the City uman service area as
adopted by the IDeal Agency Formation Canunission.
g. That the annexation is made subject to no terms an::l conditions.
h. That the County SUrveyor has determined the boundaries of the
proposed annexation to be def:inite an::l certa:in, and :in carrpliance
with the Cammission's road annexation policies. The City shall
rellnburse the County for actual costs incurred by the County
SUrveyor :in making this determination.
i. That the proposed annexation does not create islaro.s or areas :in
which it would be difficult to provide II1Ill1icipal services.
j. That the proposed annexation does not split l:ine of assessment of
ownership.
k. That the proposed annexation is consistent with the City's
General Plan.
1. That the City has carrplied with all conditions ~ by the
conunission for :inclusion of the territory:in the City's uman
service area.
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RESOIIJI'ION NO. 7932
m. That the territory to be annexed is contiguous to existin;J City
limits under p=visions of the Govermnent Code.
3. That said annexation is he:tDy ordered without election pursuant to
section 35151 et seq. of the Govermnent Code.
4. That the Clerk of the City Council of the City of OJpertino 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 OJpertino this 18th day of September 1989, by the
followin;J vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, P1ungy
NOFS: None
ABSENT: None
ABSTAIN: None
ATI'EST: APPROVED:
Isl Dorothy Cornelius
City Clerk
Isl John J. P1ungy, Jr.
Mayor, city of OJpertino
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IMPERIAL AVE 89-09
(ROSA)
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the northwest corner of Lot 1, shown on that certain map
entitled "Record of survey of Lands of R. Pedersen ",which was filed for
record on March 21,1961 in Book 130 of Maps Page 48, in the Office of the
Recorder, County of Santa Clara state of California·, more part'icularly
described as follows:
Thence NORTH 75.00 feet,along the
Avenue, said right-of-way, also being
that certain annexation to the City
entitled" Imperial 71-7 ",
easterly right-of-way of Imperial
along the easterly boundary line of
of Cupertino by Resolution No.3109
Thence S 89 57'30"E 135.00 feet to a point on the westerly boundary line
of that certain annexation to the City of Cupertino by Ordinance No.83
entitled" McClellan I-A ",
Thence SOUTH 75.00 feet, along said annexation boundary line to a point
on the northeasterly corner of aforementioned Lot 1 of said Record of
Survey;
Thence N 89 57'30"W 135.00 feet to the POINT OF BEGINNING.
Containing: 0.232 Acres, more or less
10,125.00 square feet more or less
APN 357-19-055
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