CC Resolution No. 7144
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RESOIlJ'I'Ioo NO. 7144
A RESOIlJ'I'Ioo OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO
MAKING DEI'ERMINATIONS AND APPROVING '!HE ANNEXATIoo OF TERRI'roRY
DESIGNATED AS "DOLORES AVENUE 86-04;" .46± ACRE
IDCATED 00 '!HE NORIH SIDE OF DOLORES AVENUE
BEIWEEN BYRNE AVENUE AND ORANGE AVENUE
(Am 357-14-23)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara consisting of .46± acre on
the north side of Dolores Avenue between Byme Avenue an:i orange Avenue
(Am 357-14-23) has been filed with the city of CUpertino; an:i
WHEREAS, on March 16, 1986 the City Council adopted Resolution No.
7097 initiating proc:eedings for annexation of the area designated "Dolores
Avenue 86-04;" an:i
WHEREAS, said territory is uniI1habited an:i all owners of lan:i included
in the proposal consent to this annexation; an:i
WHEREAS, Section 35150.5 of the Califomia Government COde states that
the Local AqerY::ÿ Formation Camnission shall not have any authority to
review an annexation to any city in Santa Clara County of unin=rporated
territory which is within the uman BeIVice area of the city of the
annexation if initiated by resolution of the legislative body an:i
therefore the City cooncil of the City of CUpertino is now the =nducting
authority f= said annexation; an:i
WHEREAS, evidence was presented to the City Council;
NCM, 'IHEREroRE, BE IT RESOLVED by the City Council of the city of
CUpertino as follows:
1. '!hat it is the =rñucting authority ¡:m'SUant to Section 35150.5 of the
Govelllll"",lt COde f= the annexation of property designated "Dolores
Avenue 86-04," IOC)re particularly described in Exhibit "A";
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RFSOIlJ'l'IOO NO. 7144
2. '!hat the follotdn;J fi.rxiiIgs are made by the City Council of the City
of CUpertino:
a. '!hat said territory is uninhabited am c:arprises .46± acre.
b. '!hat the annexation is consistent with the orderly annexation of
territory with the City's uman service area am is consistent
with the City policy annexin;¡' when providing City services.
c. '!he city Council has ccmpleted an initiated study am has foum
that the annexation of said territory has no significant ilnpact
on the environment, am 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 changes in
special districts.
f. '!hat the territory is within the City uman service area as
adopted by the Local Agercÿ Formation Conunission.
g. '!hat the annexation is made subject to no tems am c::orñitions.
h. '!hat the County SUJ:veyor has deteDnined the bounjaries of the
~~ annexation to be definite am certain, am in c:arplianc:e
with the Camnission's road annexation policies. '!he City shall
reiJnl:AJrse the County for actual costs incurred by the County
SUrveyor in maJdn;J this determination.
i. '!hat the P.L~ annexation does not create islands or areas in
which it would be difficult to provide 11IImicipal services.
j . '!hat the prcposed annexation does not split line of assessment of
ownership.
k. '!hat the p.L~ annexation is consistent with the City's
General Plan.
1. '!hat the City has c:arplied with all c::orñitions iIIpJsed by the
camnission for inclusion of the territory in the City's uman
service area.
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RESOIIJTION NO. 7144
m. '!hat the territory to be annexed is contiguous to axistin;¡' city
limits un:ier provisions of the Govermnent Code.
3. '!hat said annexation is herlJy ordered without election pursuant to
Section 35151 et seq. of the Govermnent Code.
4. That the Clerk of the City cnmcil of the City of OJpertino is
directed to give notice of said annexation as pres=:ibed by law.
PASSED AND AOOPl'ED at a regular meetin;J of the City council of the
City of 0Jpertin0 this..2.D..t.h.. day of Aoril I l%L, by the following
vote:
vote Members of the city cnmcil
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATrEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ W. Reed Sparks
Mayor I city of OJpertino
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DELORES AVE. 86-04
(Clark)
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 146 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; said corner being the inter-
section of those certain annexations to the City of Cupertino entitled, "Fuchs
76-4" and "Delores Ave. 82-02";
Thence north 198.42 feet along said annexation "Delores Ave; 82-02" to the
intersection of annexations "Alcazar Ave. 80-49" and "Delores Ave. 82-02";
Thence east, 100.15 feet along said annexation "Alcazar Ave. 80-49" to the
northeast corner of said Lot 146;
Thence south, 198.42 feet along the easterly boundary of said Lot 146 to a
point along said annexation "Fuchs 76-4";
Thence west, 100.15 feet along said "Fuchs 76-4" to the Point of Beginning.
Containing: 0.46 acres, more or less.
APN: 357-14-23.
Revised Feb. 4, 1987
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