CC Resolution No. 7362
RESOIIJ'I'ION NO. 7362
A RESOIIJTION OF THE CITY COONCIL OF THE CITY OF aJPERI'INO
MAKING DE:I'ERMmATIONS AND APPROVING THE ANNEXATION OF TERRITORY
DESIGNATED 118 ''MiY'TF.T;r~ ROAD 87-04;" APPROXIMATELY 2.42 ACRES
LOCATED ON THE NORIH SIDE OF MCCIELIAN ROAD
BE:IWEEN BYRNE AVENUE AND MADRID ROAD,
IDNI'A VISTA BIBLE ŒURaI
(APN 357-12-42)
WHERE1\S, a petition for the annexation of certain te:critory to the
City of CUpertino in the County of Santa Clara consisting of 2.42 acres on
the north side of McClellan Road between Byrne Avenue and Madrid Road (APN
357-12-42) has been filed with the City of CUpertino; and
WHERE1\S, on October 12, 1987 the city Council adopted Resolution No.
7322 initiatin:J proceedings for annexation of the area designated
"McClellan Road 87-04;" and
WHERE1\S, said te:critory is uninhabited and all owners of land included
in the proposal consent to this annexation; and
WHERE1\S, Section 35150.5 of the California Government Code states that
the Local Ager,cy Fonnation Cammission shall not have any authority to
review an annexation to any city in Santa Clara County of unincorporated
te:critory which is within the w:ban service area of the city of the
armexation if initiated by resolution of the legislative body and
therefore the city C01.U1Cil of the City of CUpertino is now the corx'luctin:J
authority for said annexation; and
WHERE1\S, Government Code section 56837 provides that if a petition for
armexation is signed by all owners of land within the affected te:critory
the City Council may approve or disapprove the annexation without public
hearin:J; and
WHERE1\S, evidence was presented to the City council;
NCM, 'I'HEREFORE, BE IT RESOLVED 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 "McClellan
Road 87-04," I!V:)re particularly described in Exhibit "A";
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RFSOIlJI'ION NO. 7362
2. That the follOlrling fWings are made by the city Council of the city
of CUpertino:
a. That said territory is uniI1habited arrl comprises approxbnately
2.42 acres.
b. That the annexation is consistent with the orderly annexation of
territory with the City's urlJan service area arrl is consistent
with the City policy annexing when providing City services.
c, 'Ihe City Council has completed an :initial study arrl has found
that the annexation of said territory has no significant iltpact
on the envirornnent, arrl previously approved the granting of a
Negative Declaration.
d. 'Ihe city Council on JUne 4, 1984 enacted an ordÏl1ance prezoning
the subject territory to City of CUpertino ~ zone.
e. Annexation to the City of CUpertino will affect no chan;Jes in
special districts.
f. That the territory is within the City urlJan service area as
adopted by the I.ocal Agerq Formation Commission.
g. That the annexation is made subject to no terms arrl conditions.
h. That the County surveyor has determined the bourrlaries of the
proposed annexation to be def:inite arrl certain, arrl in compliance
with the commission's road annexation policies. 'Ihe City shall
reimburse the County for actual costs incurred by the County
surveyor in making this deteDnination.
i. That the proposed annexation does not create islands = areas in
which it would be difficult to provide municipal 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 complied with all corrlitions :iJtp:>sed by the
canunission for inclusion of the territory in the City's urlJan
service area.
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RFSOIDTION NO. 7362
m. That the territo¡:y to be annexed is contiguous to existing city
limits un:ler provisions of the Government Code,
3, That said annexation is hemy 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 prescribed by law.
PASSED AND AOOPI'ED at a regular ¡œeting of the City Council of the
City of CUpertino this 16th day of November, 1987 by the following vote:
vote
AYES:
Members of the City Council
Johnson, Koppel, Plungy, Rogers, Gatto
NOES:
None
ABSENT: None
ABSTAIN: None
ATI'EST:
APPROVED:
/s/ Dorothv Cornelius
City Clerk
/s/ John M. Gatto
Mayor, City of CUpertino
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,
McCLELLAN ROAD 87-04
(MaNTA VISTA BIBLE CHURCH)
All thac cerrain real pro percy situac~ in the County of Santa
Clara, Stace of California, more particularly described as
follows:
,
Beginning at che southeast corner of Lot 40 as shown on Tract
No. 198, "Stevens Creek Subdivision Map No, 3", recorded in
Volume ï of Maps, Page 14, Santa Clara County Records;
Thence SOUTH, 312.55 feet to a point on the northerly side of
McClellan Road, said point being along th~ boundary of that
certain annexation to the City of Cupertinoenticl.ed "Damico 72-6";
Thence EAST, 351,37 feet along said northerly side of McClellan
Road and said annexation "Damico 72-6";
Thence N12051'30"W, 172.35 feet;
Thence N24004'30"W, 92.58 feet;
Thence
Lot 43
o
N12 W, 61,34 feet to a
as shown on said Tract
point being the southwest corner of
No, 198;
Thence EAST, 363,53 feet along the
No. 198 to the Poin~ of Beginning.
southe.r1y._line..of. said Tract
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a. _ .._______.___
Containing: 2,42 acres more or less
A.P,N.: 357-12-42
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LOCATION MAP
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EAST 363.53'
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"DAMICO 72-6'
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357-12-1.2
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EAST 351,37'
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" McClellan Road 87-04"
(Monta Vista Bible Church)
± 2,1,2 Acres
APN 357-12-1,2
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8/20/87