CC Resolution No. 7858
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RESOIIJTICN NO. 7858
A RESOIIJTION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO
MAKING DETERMINATIONS AND APB<OVING '!HE ANNEXATION OF TERRI'roRY
DESIGNATED "AICAZAR AVENUE 89-07", APPROXIMA'I'EVl 0.412 ACRE IDCATED
ON '!HE NORIH SIDE OF AICAZAR AVENUE BEIWEEN ORANGE AVENUE AND
BYRNE AVENUE, OOZIER (Am 357-15-071 - 219llAICAZAR AVENUE)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the County of Santa Clara consisting of 0.412 acre on
the north side of Alcazar Avenue between Orange Avenue arrl Byrne Avenue
(Am 357-15-071) has been filed with the City of CUpertino; arrl
WHEREAS, on J\me 15, 1989, the city Council adopted Resolution No.
7833 initiating proceeð.irçs for annexation of the area designated "Alcazar
Avenue 89-07"; arrl
WHEREAS, said territo:ry is 1JI'linhabited arrl all owners of larrl included
in the proposal consent to this annexation; arrl
WHEREAS, Section 35150.5 of the California Govermnent Ccxle states that
the Local Agency Fonnation Commission shall not have any authority to
review an annexation to any City in Santa Clara County of uninco:rporated
territo:ry which is within the url:>an service area of the city of the
annexation if initiated by resolution of the legislative body arrl
therefore the city council of the City of CUpertino is ncM the con:lucting
authority for said annexation; arrl
WHEREAS, Govermnent Ccxle section 56837 provides that if a petition for
annexation is signed by all owners of larrl within the affected territo:ry
the City Council may approve or disapprove the annexation without public
hearing; arrl
WHEREAS, evidence was presented to the city Council;
~, 'IHEREFORE, BE rr RESOLVED by the city Council of the City of
CUpertino as follows:
1. 'Ihat it is the con:lucting authority pursuant to Section 35150.5 of the
Govermnent Ccxle for the annexation of property designated "Alcazar
Avenue 89-07," IIPre particularly described in Exhibit "A";
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RESOIIJTION 00. 7858
2. That the followin) fimings are made by the City Council of the City
of CUpertino:
a. That said territo:ry is uninhabited an::i cc:mprises approxiJnately
0.412 acres.
b. That the annexation is oonsistent with the orderly annexation of
territo:ry with the city's w:ban service area an::i is oonsistent
with the City policy annexin:J when proviciIDJ City services.
c. '!he City Council has cc:mpleted an initial study an::i has foun:J.
that the annexation of said territo:ry has no significant iIrpact
on the envirornnent, an::i previously approved the grantiD1 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 1\gency Formation Ccamnission.
g. That the annexation is made subject to no terms an::i coIXiitions.
h. That the County SUrveyor has determined the boundaries of the
proposed annexation to be definite an::i certain, an::i in CCBIIpliance
with the Commission's road annexation policies. '!he city shall
reimburse the County for actual costs incurred by the County
SUrveyor in II1akin;J this determination.
i. That the proposed annexation does not create islands or areas in
~ch it woold be difficult to provide IIILII1icipal services.
j. That the þL~ annexation does not split line of assessment of
ownership.
k. That the proposed annexation is oonsistent with the city's
General Plan.
1. That the city has cc:mplied with all coIXiitions inqxJsed by the
oammission for inclusion of the territo:ry in the City's w:ban
service area.
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· .
RESOIIJTION NO. 7858
In. '!hat the territo:ry to be annexed is contiguous to existin;J city
lllnits mrler provisions of the Govermnent Code.
3. '!hat said annexation is hemy ordered without election pursuant to
Section 35151 et seq. of the Govermnent Code.
4. '!hat the Clerk of the City Council of the City of CUpertino is
directed to give notice of said annexation as pres=ibed by law.
PASSED AND AOOPI'ED at a regular meetin;J of the City Council of the
City of CUpertino this -2J;h day of July , 1989, by the
followin;J vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
~: None
ATrFSr: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of CUpertino
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1IICAZAR AVE 89-07
(OOZIER)
All that certain real property situate in the County of Santa Clara, state
of california, JJm'e particularly described as follows:
A portion of Lot 125 aM Alcazar Avenue as sham on that certain map
entitled " Map of SUbdivision "A" Monta Vista" ,which was filed for
recoJ:Ù on April 11,1917 in Volume P of Maps Page 20, in the Office of the
Recorder, County of Santa Clara, state of california, JJm'e partj,cularly
described as follows:
Beq~ at a point at the northwest comer of said Lot 125, thence
~ 50.075 feet, alOl'XJ the northerly wJOOary ling of Lot 125;
'1hence SCX11H 198.34 feet;
Thence EAST 150.23 feet alOl'XJ the northerly right-of-way of Alcàzar
Avenue, to a point alOl'XJ the westerly line of that certain annexation to
the City of CUpertino by Resolution No.5765 entitled" Alcazar 81-01 ";
'1hence SCX11H 40.00 feet to a point, said point also bein) the southwest
comer of previoosly mentioned annexation "Alcazar 81-01 ";
\
'1hence WEST 200.30 feet, alOl'XJ the southerly bourxlary line of Alcazar
Avenue;
'1hence NORlH 238.34 feet to the romr OF BEGnmmG.
containhç: 0.412 Acres, more or less
17,946.718 square feet more or less
Am 357-15-071
89,289
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