CC Resolution No. 7391
RFSOWl'ION NO. 7391
A RFSOWl'ION OF THE CITY CXXJNCIL OF THE CITY OF aJPERI'INO
MAKING DEI'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY
DESIGNATED AS "HEIMJSA AVENUE 87-05;" APPROXIMATELY 0.46 ACRE
I.OC'ATED ON THE NORIH SIDE OF HEIMJSA AVENUE
BEIWEEN BYRNE AVENUE AND ORANGE: AVENUE,
CIARIý'MYHRE (Am 357-16-037)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of santa Clara consistin;J of 0.46 acre on
the north side of Hermosa Avenue between Byrne Avenue and orange Avenue
(Am 357-16-037) has been filed with the city of CUpertino; and
WHEREAS, on November 16, 1987 the city Council adopted Resolution No.
7360 initiatin;J proceedings for annexation of the area designated "HerJoosa
Avenue 87-05;" and
WHEREAS, said territory is uninhabited and all owners of land included
in the proposal consent to this annexation; and
WHERFAS, Section 35150.5 of the California Government Code states that
the Local Agency Fonnation Cammission shall not have any authority to
review an annexation to any City in Santa Clara County of unincorporated
territory which is within the urban seJ:Vice area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the City council of the city of CUpertino is ncM the conductin;J
authority for said annexation; and
WHERFAS, Government Code 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;
NCM, 'IHEREFORE, BE IT RFSOLVED by the City Council of the City of
CUpertino as follows:
1. '!hat it is the conductin;J authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Hermosa
Avenue 87-05," m:>re particularly cies=ibed in Exhibit "A";
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RFSOWl'ION NO. 7391
2. That the followin;J findin;Js are made by the City Council of the city
of CUpertino:
a. That said territory is uninhabited and ~rises approximately
0.46 acre.
b. That the annexation is consistent with the orderly annexation of
territory with the City's urban seJ:Vice area and is consistent
with the city policy annexing when providin;J city seJ:Vices.
c. '!he city Council has campleted an initial study and has found
that the annexation of said territory has no significant ~ct
on the environment, and previously approved the grantin;J of a
Negative Declaration.
d. '!he City Council on June 4, 1984 enacted an ordinance prezonin;J
the subject territory to City of CUpertino Rl-7.5 zone.
e. Armexation to the City of CUpertino will affect no changes in
special districts.
f. That the territory is within the city urban seJ:Vice area as
adopted by the Local Agency Fonnation Commission.
g. That the annexation is made subject to no terms and COIXtitions.
h. That the County SUZVeyor has detennined the boundaries of the
proposed annexation to be definite and certain, and in campliance
with the Commission's road annexation policies. '!he City shall
reiInburse the County for actual costs incurred by the County
suzveyor in making this determination.
i. That the proposed annexation does not create islands or areas in
which it would be difficult to provide municipal seJ:Vices.
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 camplied with all COIXtitions ~ by the
camnission for inclusion of the territory in the City's urban
seJ:Vice area.
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RFSOWl'ION NO. 739l
m. That the territory to be annexed is contiguous to existing City
limits urrler provisions of the Government Code.
3. That said annexation is heJ:by ordered without election pursuant to
section 35151 et seq. of the Government Cede.
4. That 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
city of CUpertino this
followin;J vote:
vote Members of the City Council
a regular meetin;J of the city Council of the
4th day of Januarv , 1988 by the
AYES: Johnson, Koppel, 'Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
A'ITEST: APPROVED:
City Clerk
Mayor, city of CUpertino
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HERMOSA AVENUE 87-05
( CLARK/MYHRE)
ALl that certain real property situate in the County of Santa Clara,
State of California, ~ore particularly described as follows:
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Beginning at the so~ihwest corner of Lot 56 as shown on that certain
map entitled, "Map of Subdivision "A" Monta Vista, " recorded in Volume
P of maps, Pag~. 20, Santa Clara County Records; said corner being along
that certain annexation to the City of Cupertino entitled,"Hermosa 7l-l2."
Thence north 198.42 feet to the northwest corner of said lot;
Thence east, lOO.l5 feet to the northeast corner of said lot;
Thence south, 198.42 feet to a point along said annexation "Hermosa
7l-l2."
Thence west, lOO.l5 feet along said "Hermosa 7l-l2" to the Point of
Beginning.
Containing: 0.46 acres, more or less.
APN: 357-l6-37
October 28, 1987
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