CC Resolution No. 7832
RESOIlJI'ION NO, 7832
A RESOIlJI'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO
MAKING DEl'ERMINATIONS AND APPROVING '!HE ANNEXATION OF TERRI'IORY
DESIGNATED "ORANGE AVENUE 89-04, APPOOXIMATELY 0.205 ACRE IDCATED
ON '!HE EAST SIDE OF ORANGE AVENUE BE'IWEEN AIC.AZAR AVENUE AND
NOONAN CXJURr, MARrIN
(Am 357-19-010)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the Co\n'1ty of Santa Clara consisting of 0.205 acre on
the east side of Orange Avenue between Alcazar Avenue am Noonan court
(Am 357-19-010) has been filed with the city of CUpertino; am
WHEREAS, on May 1, 1989, the city Council adopted Resolution No. 7804
initiating proceedings for annexation of the area designated "Orange
Avenue 89-04"; am
WHEREAS, said territory 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 IDeal Agency Formation Cammission shall not have any authority to
review an annexation to any City in Santa Clara County of unincorporated
territory which is within the uman service area of the city of the
annexation if initiated by resolution of the legislative body am
therefore the City council of the city of CUpertino is now the conducting
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 territor.y
the City Council may approve or disapprove the annexation without public
hearing; am
WHEREAS, evidence was presented to the City Council;
NCM, 'l'HEREFORE, BE: IT RESOLVED by the city Council of the city of
CUpertino as follows:
1. That it is the conducting authority pursuant to section 35150.5 of the
Government COde for the annexation of property designated "Orange
Avenue 89-04," more particularly described in Exhibit "A";
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RESOIlJI'ION NO. 7832
2. '!hat the following firrlings are made by the City Council of the city
of CUpertino:
a. '!hat said territory is uninhabited an:1 CO!!\Prises approximately
0.205 acre.
b. '!hat the annexation is consistent with the orderly annexation of
territory with the city's uman service area an:1 is consistent
with the City policy annexing when providing City services.
c. '!he City Council has c:arpleted an initial study an:1 has found
that the annexation of said territory has no significant ilnpact
on the environment, an:1 previously approved the granting of a
Negative Declaration.
d. '!he City Council on June 4, 1984, enacted an ordinance prezoning
the subject territory to City of CUpertino Rl-7.5 zone.
e. Annexation to the City of CUpertino will affect no changes in
special districts.
f. 'Ihat the territory is within the city uman service area as
adopted by the Local Agency Formation Canunission.
g. 'Ihat the annexation is made subject to no teDns an:1 conditions.
h. '!hat the County Sw:veyor has determined the boundaries of the
proposed annexation to be definite an:1 certain, an:1 in c:arpliance
with the Canunission's road annexation policies. The City shall
reimburse the COunty for actual costs incurred by the County
Sw:veyor in making this determination.
L '!hat the proposed annexation dces not create islan:ls or areas in
which it would be difficult to provide nu.mi.cipal services.
j . '!hat the proposed annexation dces not split line of assessment of
ownership.
k. '!hat the proposed annexation is consistent with the City's
General Plan.
1. '!hat the City has c:arplied with all conditions imposed by the
commission for inclusion of the territory in the City's uman
service area.
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"
RESOIlJI'ION NO. 7832
m. '!hat the territory to be annexed is contiguous to existing City
limits un:ier provisions of the Government Code.
3. '!hat said annexation is heJ:by ordered without election pursuant to
Section 35151 et seq. of the Goverrnnent Code.
4. '!hat 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 AOOPI'ED at a regular meeting of the City Council of the
City of CUpertino this 5th day of June 1989, by the
following vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATrEST: APPROVED:
/s/ Dorothv Cornelius
City Clerk
Isl John J, Plungy, Jr,
Mayor, City of CUpertino
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ORANGE AVE 8904
(MARrIN)
All that certain real property situate in the county of santa Clara, State
of Califomia, mre particularly described as follows:
A portion of Lot 22 as shown on that certain Tract Map No, 300 entitled
"Noonan S\JI:xìivision unit 2",which was filed for record on May 6,1946 in
Book 10 of Maps, Page 16, in the Office of the Recorder, county of Santa
Clara, state of Califomia, 1IOre particularly described as follows:
COmmencin;J at the northeast corner of Lot 22, as shcMn on said "Noona."\
SUbdivision unit 2";
'lhenœ N 89"58'W, 25.00 feet to the 'lRJE romr OF BÐ:;INNING: said Point
of Beginni.rq beirq on the 1:.Jc::Iunjary of that certain annexation to the City
of CUpertino by Resolution NO,6834 entitled "Alcazar Ave 86-01":
'lhenœ from said Point of Beginni.rq, sot1lH 66,59 feet;
'lhenœ N 89"581W 135,25 feet, to the easterly 1:.Jc::Iunjary line of that
certain annexation to the City of CUpertino by Resolution No,5601 entitled
"Alcazar Ave 80-49":
'lhenœ NOR1H 46,58 feet alorq the westerly line of said Lot 22, said line
also being alorq the easterly 1:.Jc::Iunjary line of said annexation "Alcazar
Ave 80-49", to the beginni.rq of a tarqent curve to the right;
'lhenœ alorq said curve to the right havirv;J a radius of 20,00 feet,
through a central arqle of 90"02', for a distanCe of 31,43 feet to a point
on the southerly 1:.Jc::Iunjary line of Alcazar Avenue;
'lhenœ S 89"58'E 115,24 feet alorq the northerly line of said Lot 22, said
line also being alorq said 1:.Jc::Iunjary line of annexation "Alcazar Ave
86-01"to the ];OINT OF BEXmnUNG,
cont.ainin3': 0,205 Acres, 1IOre or less or
8,920,560 square feet 1IOre or less
APN. 357-19-010
89,286