CC Resolution No. 7734
RESOIIJTION NO. 7734
A RESOIIJTION OF '!HE CITY <XJUNCIL OF '!HE CITY OF CXJPERl'INO
MAKING IEI'ERMINATICINS AND APPROVING '!HE ANNEXATION OF TERRI'IORY
DESIGNATED "HœœA AVENUE 88-12", APPROXIMATEUl 0.17 ACRE IDCATED
ON '!HE NORIH SIDE OF HœœA AVENUE BEIWEEN BYRNE AVENUE AND
ORANGE AVENUE, niCWIS R. AND I<AREN A. BRINROEITER
(APN 357-16-038)
WHEREAS, a petition for the annexation of certain territory to the
city of CUpertino in the County of santa Clara consisting of 0.17 acre on
the south side of Granada Avenue between Byrne Avenue an:l orange Avenue
(APN 357-16-038) has been filed with the City of CUpertino; an:l
WHEREAS, on January 17, 1989, the City Council adcpted Resolution No.
7707 initiating proceedings for annexation of the area designated ''HeJ:1rosa
Avenue 88-12"; an:l
WHEREAS, said territory is uninhabited an:l all owners of lan:l inci\Jded
in the proposal consent to this annexation; an:l
WHEREAS, Section 35150.5 of the California Government Code states that
the IDeal Agency Formation Camnission shall not have aTrI authority to
review an annexation to aTrI 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 an:l
therefore the City council of the city of CUpertino is now the coOOucting
authority for said annexation; an:l
WHEREAS, Government Code section 56837 provides that if a petition for
annexation is signed by all owners of lan:l within the affected territory
the city Council may approve or disapprove the annexation without p.¡blic
hearing; an:l
WHEREAS, evidence was presented to the City Council;
NCM, ~\JlŒ, BE IT RESOLVED by the City Council of the city of
CUpertino as follows:
1. '!hat it is the coOOucting authority pursuant to section 35150.5 of the
Government Code for the annexation of prcparty designated ''HeJ:1rosa
Avenue 88-12," DK>re particularly described in Exhibit "A";
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RESOIIJTION NO. 7734
2. 'Ihat the following findings are made by the City Council of the City
of CUpertino:
a. 'Ihat said territory is uninhabited an:l cauprises approximately
0.17 acre.
b. 'Ihat the annexation is consistent with the orderly annexation of
territory with the City's uman service area an:l is consistent
with the City policy annexing when providing City services.
c. ihe City Council has CCIIpleted an initial stu:iy an:l has fourrl
that the annexation of said territory has no significant :I1tpact
on the envirornnent, an:l previously ~ the granting of a
Negative Declaration.
d. ihe 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 c:han;Jes in
special districts.
f. 'Ihat the territory is within the City uman service area as
adopted by the Local lIgency Formation Conunission.
g. 'Ihat the annexation is made subject to no terms an:l conditions.
h. 'Ihat the County SUJ:veyor has deteJ:mined the J::x::Jumaries of the
proposed annexation to be definite an:l certain, an:l in c:x::m1pliance
with the C"nmmi....ion's road annexation policies. ihe city shall
reimOOrse the County for actual costs incurred by the County
SUrveyor in making this deteJ:mination.
i. 'Ihat the proposed annexation does not create islan:ls or areas in
which it would be difficult to provide municipal services.
j. 'Ihat the proposed annexation does not split line of assessment of
ownership.
k. 'Ihat the p:t:~ annexation is consistent with the City's
General Plan.
1. 'Ihat the city has CCIIplied with all conditions :imposed by the
OCIIIIIIission for inclusion of the territory in the City's uman
service area.
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RESOIIJTION NO. 7734
m. '!hat the territory to be annexed is contiguous to existing city
limits un:1er provisions of the GoveJ:nment Code.
3. '!hat said annexation is hemy ordered without election pursuant to
Section 35151 et seq. of the GoveJ:nment 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 ADOPl'ED at a regular meeting of the City Council of the
City of CUpertino this 21st day of February , 1989, by the
following vote:
Vote Members of the Citv Council
AYES: Gatto, Koppel, Rogers, Plungy
NOES: None
ABSENl': Johnson
~: None
ATrEST: APPRCVED:
Isl Dorothv Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of CUpertino
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HERMOSA AVENUE 88-12
(Brinkoetter)
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 55 AS SHOWN ON THAT CERTAIN MAP ENTITLED,
"MAP OF SUBDIVISION "A" MONTA VISTA", RECORDED IN VOLUME P OF MAPS,
PAGE 20, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 55, THENCE SOUTH 50.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
WESTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND ANNEXED TO THE CITY
OF CUPERTINO ENTITLED, "HERMOSA AVENUE 87-05";
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 148.42 FEET ALONG THE
WESTERLY BOUNDARY OF SAID ANNEXATION "HERMOSA AVENUE 87-05" TO A
POINT ON THE NORTHERLY SIDELINE OF HERMOSA AVENUE, SAID POINT ALSO
BEING ON THE NORTHERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND
ANNEXED TO THE CITY OF CUPERTINO ENTITLED "HERMOSA AVENUE 71-12";
THENCE WEST 50.00 FEET ALONG THE NORTHERLY BOUNDARY OF SAID ANNEXATION
"HERMOSA AVE. 71-12";
THENCE NORTH 148.42 FEET ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION
"HERMOSA AVE. 71-12";
THENCE EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 0.17 ACRES MORE OR LESS
A.P.N.: 357-16-38
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