CC Resolution No. 7823
RESOIlJI'ION NO. 7823
A RESOIlJI'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO
MAKING ŒI'ERMINATIONS AND APProVING T.HE ANNEXATION OF TERRI'roRY
DESIGNATED "ORANGE AVENUE 89-06", APPOOXIMATELY 0.224 ACRE LOCATED
ON T.HE EAST SIDE OF ORANGE AVENUE BE'IWEEN AICAZAR AVENUE AND
OOIDRES AVENUE, PARINEH (Am 357-19-008)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara consisting of 0,224 acre on
the east side of Orange Avenue between Alcazar Avenue am Dolores Avenue
(Am 357-19-008) has been filed with the City of CUpertino; am
WHEREAS, on May 15, 1989, the City Council adopted Resolution No. 7825
initiating proceedings for annexation of the area designated "Orange
Avenue 89-06"; 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 FoDllation Camnission shall not have any authority to
review an annexation to any City in Santa Clara County of uninco:rporated
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 territory
the city Council may approve or disapprove the annexation without public
hearing; am
WHEREAS, evidence was presented to the City Council;
lm, ~UI(t;, BE: IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. That it is the COIXiuctin;J authority pursuant to section 35150.5 of the
Government Code for the annexation of property designated "Orange
Avenue 89-06," more particularly described in Exhibit "A";
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RESOIlJI'ION NO. 7823
2. '!hat the following findings are made by the City Council of the city
of CUpertino:
a. '!hat said territory is uninhabited an:1 canprises approximately
0.224 acres.
b. '!hat the annexation is consistent with the oJ:derly 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 CO!!\Pleted an initial study an:1 has found
that the annexation of said territory has no significant ÍI1pact
an the envirornnent, an:1 previously approved the granting of a
Negative Declaration.
d. '!he City Council on J\me 4, 1984, enacted an orclinance 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. '!hat the territory is within the City uman service area as
adopted by the Ioca11\gency Formation Canunission.
g. '!hat the annexation is made subject to no terms an:1 conditions.
h. '!hat the County Sw:veyor has deteDnined the boundaries of the
proposed annexation to be definite an:1 certain, an:1 in CO!!\Pliance
with the Commission's road annexation policies. '!he City shall
reimburse the County for actual costs incurred by the County
Sw:veyor in making this deteDnination.
i. '!hat the proposed annexation dces not create islan:ls or areas in
which it would be difficult to provide municipal services.
j . '!hat the proposed annexation dces not split line of assessment of
ownership.
k. '!hat the prv~ annexation is consistent with the city's
General Plan.
1. '!hat the City has CO!!\Plied with all conditions iIrposed by the
commission for inclusion of the territory in the City's uman
service area.
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RESOIlJI'ION NO. 7823
m. '!hat the territory to be annexed is contiguous to existing City
limits under provisions of the Goverrnnent Code.
3. '!hat said annexation is herlJy 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 19th day of June , 1989, by the
following vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
~: None
ATrEST: APPROVED:
Is I Roberta A, Wolfe
City Clerk (Deputy)
Isl John J, Plungy, Jr,
Mayor, city of CUpertino
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,.
ORANGE AVE 8906
(PARINEH)
All that certain real prqJerty situate in the County of Santa Clara, state
of California, m::>re particularly described as follows:
A portion of :tat 24 as shown on that certain Tract Map No. 300 entitled
"Noonan SUbdivision unit 2",which was filed for recoxù on May 6,1946 in
Book 10 of Maps, Page 16, in the Office of the Recorder, COunty of Santa
Clara, State of California, m::>re particularly described as follows:
BF.X;INNING at the northwest corner of said IDt 24, said corner being on
the I:x:Am:1ary of that certain annexation to the City of CUpertino by
Resolution No. 5601 entitled " Alcazar Avenue 80-49 ";
~ S 89·S8'E, 130.00 feet
'Ihenoe SCX1lH 75.00 feet, alonq the westerly boundary line of that certain
annexation to the City of CUpertino by Resolution NO,3556 entitled "Noonan
73-8 ";
'Ihenoe N 89°SS'W, 130,00 feet, alon;¡- the southerly line of said :tat 24;
'Ihenoe NCRl'H 75,00 feet, alon;¡- a line being the easterly boundary line of
said annexation "Alcazar Ave 80-49", to the romr OF BF.X;INNINGo
c:ont:ainin;¡: 0,224 acres, m::>re or less or
9,750 square feet m::>re or less
Am 357-19-008
89,288
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