CC Resolution No. 7770
RESOIIJI'ION NO. 7770
A RESOIIJI'ION OF '!HE CITY aJUNCIL OF '!HE CITY OF aJPERI'INO
MAKING DEI'ERMINATIONS AND APPROVING '!HE ANNEXATION OF TERRrroRY
DESIGNATED "DOIDRES AVENUE 88-13", APPROXIMA'I'EUl 0.60 ACRE IJ:X:ATED
ON '!HE saJIH SIDE OF DOIDRES AVENUE BEIWEEN BYRNE AVENUE AND
ORANGE AVENUE, RHODA FUNK (APN 357-14-016)
WHEREAS, a petition for the annexation of certain territozy to the
City of D.Ipertino in the County of Santa Clara consistin; of 0.60 acre on
the south side of Dolores Avenue between Byrne Avenue ani Oran;Je Avenue
(APN 357-14-016) has been filed with the City of CUpertino; ani
WHEREAS, on Februazy 21, 1989, the City Council adopted Resolution No.
7736 initiatin; proceedin;Js for annexation of the area designated "Dolores
Avenue 88-13"; ani
WHEREAS, said territozy is uninhabited ani all owners of lani included
in the pwposal consent to this annexation; ani
WHEREAS, section 35150.5 of the California Govermnent Code states that
the IDeal 1!gency Formation Commission shall not have arr;¡ authority to
review an annexation to arr;¡ City in Santa Clara County of unincorporated
territozy which is within the w:ban s&vice area of the city of the
annexation if initiated by resolution of the legislative body ani
therefore the City OOlU1Cil of the city of D.Ipertino is now the conducting
authority for said annexation; ani
WHEREAS, Govermnent Code Section 56837 provides that if a petition for
annexation is signed by all owners of lam within the affected territozy
the City Council may approve or disapprove the annexation withoot public
hearin;; ani
WHEREAS, evidence was presented to the City Council;
NCM, 'IHEREFORE, BE rr RESOLVED by the City Council of the City of
D.Ipertino as follOolS:
1. '!bat it is the corxiuctin; authority pursuant to Section 35150.5 of the
Govermnent Code for the annexation of property designated "Dolores
Avenue 88-13," mre particularly described in Exhibit "A";
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RESOIIJI'ION NO. 7770
2. 'Ihat the followin; finiirgs are made by the City Council of the City
of CUpertino:
a. 'Ihat said territory is uninhabited ani c:::c:ntprises awroxlinately
0.60 acre.
b. 'Ihat the annexation is consistent with the orderly annexation of
territory with the City's m:ban service area ani is consistent
with the City policy annexÎn:3' when providin; city services.
c. '!he city Council has canpleted an initial study ani has found
that the annexation of said territory has no significant inpact
on the environment, ani previously approved the grantiJ'Ig of a
Negative Declaration.
d. '!he City Council on June 4, 1984, enacted an ordinance prezonin;
the subject territory to city of CUpertino Rl-7.5 zone.
e. Annexation to the City of D.Ipertino will affect no chan;Jes in
special districts.
f. 'Ihat the territory is within the city m:ban service area as
adopted by the Local Agency Formation Camnission.
g. 'Ihat the annexation is made subject to no te:rms ani COIrlitions.
h. 'Ihat the County SUrveyor has determined the bcJI.1maries of the
proposed annexation to be definite ani certain, ani in canpliance
with the C"nmmi....ion's road armexation policies. '!he City shall
reim1::urse the County for actual costs incurred by the County
SUrveyor in makin:J this dete:rmination.
i. 'Ihat the proposed annexation does not create islan:is or areas in
which it would be difficult to provide numicipal services.
j . 'Ihat the proposed annexation does not split line of asses......"t of
ownership.
k. 'Ihat the prq:>œed armexation is consistent with the City's
General Plan.
1. 'Ihat the city has canplied with all COIrlitions Drpœed by the
cammission for inclusion of the territory in the city's m:ban
service area.
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RESOUJTION NO. 7770
m. That the territo:ry to be annexed is contiguous to existing City
limits under provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to
section 35151 et seq. of the Government Code.
4. That 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 meeting of the City Council of the
City of CUpertino this 20th day of March , 1989, by the
following vote:
Vote Members of the Citv Council
AYES: Gatto, Johnson, Koppel, Plungy
NOES: None
ABSENT: Rogers
ABSTAIN: None
ATI'FST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of D.Ipertino
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DOLCJRES AVENUE 88-13
(FUNK)
ALL !:hat certain real property situate in the County of Santa Clara
State of California, more particularly described as follows:
All of Lot 154 and a portion of Dolores Avenue as shown upon the Hap
of Subdivision "'An Manta vista, which Hap was filed for record in the
Office of the Recorder of the County of Santa Clara in Volume "P" of
Haps, Page 20, more paIt:.icularly described as follows:
Beginning at the Southwest corner of Lot 154 as shown on said subdivision:
Thence from said point of beginning North 130.82 feet along the westerly
boundary of said Lot 154 and it's Northerly prolongation to a point on
the Northerly sideline of Dolores Avenue said point also being on the
Easterly boundary of that certain proposed annexation to the City of
Cupertino entitled "Byrne Avenue 88-11".
Thence East 400.60 feet along the Northerly sideline of Dolores Avenue
to a point on the Westerly boundary of that certain Annexation to the
City of Cupertino entitled "Dolores Avenue 82-02":
Thence South 40.00 feet along the Westerly boundary of said annexation
"Dolores Avenue 82-02" to a point on the Southerly sideline of Dolores
Avenue:
Thence West 200.30 feet along the Southerly sideline of Dolores Avenue:
Thence South 10.00 feet:
Thence West 100.15 feet along the Southerly sideline of Dolores Avenue:
Thence South 80.82 feet to the southeast corner of said Lot 154.
Thence West 100.15 feet along the Southerly boundary of said Lot 154
to the Point of Beginning.
Containing: 0.60 Acres BJOre or less
A.P.N. 357-14-16
REVISED 1-13-89
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PP-OPOSED ANNEX.ATION
TO THE
CITY OF CUPEF<..T IN 0
ENTITLED
DOLORE:S AVE'!\! UE 8>'2>-\?
DEC.EM Bt:f<, 1982>
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