CC Resolution No. 7639
RESOIDl'ION NO. 7639
A RESOIDl'ION OF '!HE CI'lY CXXJNCIL OF '!HE CI'lY OF aJPERI'INO
MAKING DEI'ERMINATIONS AND APPROVING '!HE ANNEXATION OF TERRI'IORY
DFSIGNATED AS ''loflY'TF.T;rJ\lf ROAD 88-06;" APPROXIMATELY 0.31 AæE
IDCATED ON '!HE NORI'H SIDE OF JoflY'TF.T;r J\lf ROAD
BElWEEN BYRNE AVENUE AND ORANGE AVENUE,
MANR1IO (APN 357-14-6, -7)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the Colmty of Santa Clara consistin:J of 0.319 acre on
the north side of McClellan Road between Byrne Avenue and Oran;¡'e Avenue
(APN 357-14-6, -7) has been filed with the city of CUpertino; and
WHEREAS, on Septmber 19, 1988, the City Council adopted Resolution No.
7622 initiating P=""""Iin;¡s for annexation of the area designated
''McClellan Road 88-06;" and
WHEREAS, said territory is tminhabited and all owners of land included
in the proposal consent to this annexation; and
WHEREAS, section 35150.5 of the California Govermnent Cede states that
the Local l\qenc:y Fo:cnation Camnission shall not have any authority to
review an annexation to any City in Santa Clara Colmty of 1.1I1inco¡:porated
territory which is within the uman service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the city CCJlII'lCil of the City of CUpertino is nt::M the conducting
authority for said annexation; and
WHEREAS, Government Cede section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory
the City Council may approve or disapprove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
Na'l, nmREFORE, BE rr RESOLVED by the City Council of the City of
CUpertino as follows:
1. 'Ibat it is the conducting authority pursuant to section 35150.5 of the
Govermnent Cede for the annexation of property designated "McClellan
Road 88-06," JJV:)re particularly described in Exhibit "A";
-1-
RESOIDl'ION NO. 7639
2. that the followin;1 fin:lin;¡s are made by the City Council of the City
of CUpertino:
a. that said territory is uninhabited and oaoprises approxiJnately
0.31 acre.
b. that the annexation is consistent with the orderly annexation of
territory with the City's urlJan service area and is consistent
with the City policy annexing when providing City services.
c. '!he city Council has canpleted an initial study and has foun:l
that the annexation of said territory has no significant iItpact
on the env:iromnent, and 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 ch.an;¡'es in
special districts.
f. that the territory is within the City urlJan service area as
adopted by the Local kJerJCY Formation Commission.
g. that the annexation is made subject to no terms and coxxlitions.
h. that the County SUrveyor has determined the boundaries of the
proposed annexation to be definite and certain, and in carrpliance
with the Commission's road annexation policies. '!he City shall
reiJDburse the County for actual costs incurred by the County
SUrveyor in making this determination.
i. that the proposed annexation does not create islands or areas in
which it would be difficult to provide nmicipal services.
j . that the proposed 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 canplied with all coxxlitions i~ by the
rY'I11mi....ion for inclusion of the territory in the city's urlJan
service area.
-2-
RESOIDl'ION NO. 7639
m. '!hat the territory to be annexed is contiguous to existing City
limits urxier previsions of the Government Code.
3. '!hat said annexation is he1:Dy ordered without election p.¡rsuant to
section 35151 at seq. of the Government 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 3lst day of October , 1988 by the followin;1
vote:
vote Members of the City Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATI'EST: APPROVED:
City Clerk
Mayor, City of CUpertino
-3-
.......-
~ fl"i?NAHD "
/11" uJ
'"
'2
~
o
LOc.Aí\t'N 0AP
"Lh,
6t.Al.Þ: ," .(OP'
I
I
VIOLO¡<..¡::'0 A,/~,
1 I
I II I
I f~~¡ II ,i 1
-,- - II -=----i,-~ -\ - --
I -± ~ ~I?\ Ñ ~ II . rr J'VJ-vo I \\!
\;¡cr ?\1:At- ¿':) p~ ,,'\1 -/,' 1- - - - ~
I ~~. ~ 3~ II .il·~r;(4.' I -;¿
1_ 1_ - - _L - -I I _ _ -.J _ _ _ -<l
f;Ç,f;-r' 7-.Jj:t.1 I II I I I I ~
I I ~ - '" ;::;-:1: I II I I ~
I I ~ ~ IlL ~ ~ I II I I I I
11"2" II, I
----- G----
t 'P. a.F.>. :;'~1~ M c. c.- u:: L..L A oJ
'--= --- II !-Iowt::.LJ,... ï ~ -4 "
I~
~
RD,
M....l : "?1?1 - 14 - C::::> I 1
f~OP~~D A~N~ýA~~~
10 í\~(;:::-
? li-( ¿;f' ¿:..UFf...:..p-:í II.J 0
'f.:.t-I'1I'íW'-I?
.. M ~\.$L-L.A¡j ;z.D, e Er 0(;;;:/'
( \JiA fJ I2..A £.:> \
McCLELLAN ROAD, 88-06
(MANRAO)
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the southwest corner of Lot 172, as shown on that certain map
entitled, "Map of Subdivision 'a' Manta Vista", which map was filed for
record in the office of the Recorder of the County of Santa Clara, State
of California, on April 11, 1917, in Book "p" of Maps, at page 20; said
point being along the boundary of that certain annexation to the City of
Cupertino entitled "Howell 76-9",
Thence NORTH, 109.21 feet along the westerly boundary of said Lot 172;
Thence EAST, 50.07 feet along the southerly boundary of Lot 159 of said
aforementioned map;
Thence NORTH, 109.21 feet along the westerly boundary of saia Lot 159;
Thence EAST, 100.15 feet along the northerly boundary of said Lot 159;
Thence SOUTH, 109.21 feet along the easterly boundary of said Lot 159;
Thence WEST, 25.04 feet along the southerly boundary of said Lot 159;
Thence SOUTH, 109.21 feet along the easterly boundary of said Lot 172
to a point along said annexation "Howell 76-9";
Thence WEST, 25.04 feet along said annexation "Howell 76-9" to the Point
of Beginning.
Containing: 0.31 acres more or less.
APN: 357-14-6,7