CC Resolution No. 7696
RESOWl'Iœ:oo. 7696
A RESOWl'Iœ OF 'nI1!: CITY OXJNCIL OF '!HE CITY OF C1JPERl'INO
ANNEXING AREA DESIGNATED "SAN FERNANOO 88-07", :R<OPERlY IDCATED ON THE
NORIH SIDE OF SAN FERNANOO AVENUE BElWEEN BYRNE AVENUE AND
ORANGE AVENUE, AP:R<PXIMATELY 0.72 AæE, VERA G. PASSANTINO
(AFN 357-l5-045)
WHEREAS, a petition for the annexation of certain territory to the
city of Olpertino in the County of Santa Clara consistin;J of 0.72 acre on
the north side of San Fernan:io Averroe between Byrne Avenue an:i Orange
Averroe (AFN 357-l5-045) has been filed with the City of Olpertino; an:i
WHEREAS, on November 2l, 1988, the City Council adc:pted Resolution No.
7666 initiatirç p:t~;n;¡s for annexation of the area designated "San
Fernan:io Avenue 88-07"; an:i
WHEREAS, said territory is lminhabited an:i all owners of lan:i included
in the p.L~ consent to this annexation; an:i
WHEREAS, Section 35l50.5 of the California Government Code states that
the Local Aqerq FoDDation O:mnission shall not have any authority to
review an annexation to any City in Santa Clara County of unincorporated
territory which is within the urban service area of the city of the
annexation if initiated by resolution of the legislative body an:i
therefore the City council of the City of Olpertino is I1CJrÑ the conducting
authority for said annexation; an:i
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of lan:i within the affected territory
the City Council may approve or disapprove the annexation without public
hearirç; an:i
WHEREAS, evidence was presented to the city Council;
NCM, 'IHEREFORE, BE IT RESOLVED by the City Council of the City of
Olpertino as follows:
1. '!hat it is the C01'ñuctirç authority p.¡rsuant to Section 35150.5 of the
Government Code for the annexation of property designated "San
Fernan:io Avenue 88-07," more particularly described in Exh.:ibit "A";
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RESOWl'Iœ NO. 7696
2. That the following f~ are made by the City Council of the City
of Olpertino:
a. That said territory is lminhabited an:i ~ises approximately
0.72 acres.
b. That the annexation is consistent with the orderly annexation of
territory with the City's urtJan service area an:i is consistent
with the City policy aI1I1eXinJ when providirç City services.
c. 'nIe City Council has caopleted an initial study an:i has fourn
that the annexation of said territory has no significant iJrq:act
on the enviroumelJt, an:i previously ~ the grantin:J of a
Negative Declaration.
d. 'nIe City Council on June 4, 1984, enacted an ordinance prezonirç
the subject territory to City of QJpertino Rl-7.5 zone.
e. Annexation to the City of Olpertino will affect no changes in
special districts.
f. That the territory is within the City urtJan service area as
adopted by the IDeal ~ Fomation Commission.
g. That the annexation is made subject to no teDns an:i con:titions.
h. That the CCIImty SUrveyor has deteJ:mined the l:Jamjaries of the
pr~ annexation to be definite an:i certain, an:i in caopliance
with the Cnmmi....i.on's road annexation policies. 'nIe City shall
reimburse the CCIImty for actual costs incurred by the CCIImty
SUrveyor in makirç this determination.
1. That the PL~ annexation does not create islan:is or areas in
which it woold be difficult to provide numicipal services.
j. That the pr~ annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's
General Plan.
1. That the City has caoplied with all con:titions i~ by the
CY'IIIIIIIi....ion for inclusion of the territory in the City's urtJan
service area.
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RESOWl'Iœ:oo. 7696
m. 'nJat the territory to be annexed is conti.gucus to existirç City
l:il!lits umer provisions of the Government Code.
3. 'nJat said annexation is heJ:by mdered withoot election ¡;:ursuant to
Section 3515l et seq. of the Government Code.
4. 'nJat the Clerk of the City Council of the City of Olpertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND AOOPl'ED at a regular meeting of the City Council of the
City of Olpertino this 19th day of I'Iør!ømhP.r, 1988, by the following vote:
vote Members of the City Council
AYES: Gatto, Johnson, ~, Rogers, Plurv;¡y
NOES: None
ABSENT: None
ABSTAIN: None
A'l'l'EST:
APPROVED:
Isl Roberta A. Wolfe
Deputy City Clerk
Isl Jdm J. Pl\JIXIV. Jr.
Mayor, City of Olpertino
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..
"SAN FERNANDO AVE. 88-07"
(PASSANTINO)
All that certain real property situated in the County of Santa Clara,
State of California, more particularly described as follows:
Portion of Section 108 and a portion of San Fernando Avenue as shown
on that certain "Map of Subdivision "A" Monte Vista", which was filed
for record in the Office of the Recorder of said county on April 11,
1917 in Book P of Maps at Page 20, more particularly described as
follows:
Beginning at the southeast corner of said Section 108;
Thence from said Point of Beginning East 300.15 feet along the northerly
sideline of San Fernando Avenue to a point along the westerly boundary
of that certain annexation to City of Cupertino entitled "San Fernando
81-04";
Thence South 40.00 feet along said annexation to a point on the southerly
sideline of San Fernando Avenue;
Thence West 600.60 feet along said southerly sideline of San Fernando
Avenue to a point along the easterly sideline of Byrne Avenue, said
point also being along the easterly boundary of that certain annexation
to City of Cupertino entitled "San Fernando 84-01";
Thence North 40.00 feet along said annexation to a point on the northerly
sideline of San Fernando Avenue;
Thence East 250.30 feet along said northerly sideline of San Fernando
Avenue;
Thence North 148.42 feet;
Thence East 50.15 feet;
Thence South 148.42 feet to the Point of. Beginning.
containing: 0.72 acres more or less
A.P.N. 357-15-45
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A.P.N. 3"57- 1':>-4':>
PROP05E D ÀN~ExATION
TO THE.
CoITY OF C.UPERTINO
. _ ENT IT L-E.D
"5AN F"ERNAt-JDO AYE.8S-07"
oc. TOB ER I,q 8'0