CC Resolution No. 6589 RESOLUTION N0. 6589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPERTINO
ORDERING ANNEXATION OF AREA DESIGNATED AS "IMPERIAL AVENUE 55-02"
W[IEREAS, on May 6, 1985 the City Council adopted Resolution No. 6547
initiating proceedings and setting the ti.me and place for public hearing
for consideration of annexation of the area designated "Imperial Avenue
85-02;" and
WHEREAS, said territory is uninhabited and the written consent to
annexation was obtained from the property owner; and
WHEREAS~ Section 35150.5 of the California Government Code states that
the Local Agency Formation Commission 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 and
therefore the City council of the City of Cupertino is now the conducting
authority for said annexation; and
WHEREAS~ the property owner of the said territory was notified of the
hearing and no written protest against the annexation was filed with the
City Clerk at any time prior to the City Council's hearing on the proposed
annexation~ and
WHEREAS, a duly noticed public hearing was held before the City
Council of the City of Cupertino on Monday, June 3, 1985 at 6:45 p.m, in
the Council Chamber, City Hall~ 10300 Torre Avenue~ Cupertino, California;
and
WHEREAS, evidenee was presented to the City Couneil;
NOW~ THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. That it is the condueting authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Imperial
Avenue 85-02," more particularly described in Exhibit "A";
RESOLUTION N0. 6589
2. That the following findings are made by the City Couneil of the City
of Cupertino:
a. That said territory is uninhabited and comprises 0.07+ acre.
b. That the annexation is consistent with the orderly annexation of
territory with the City's urban service area and is consistent
with the City policy annexing when providing City services.
c. The City couneil has completed an initiated study and has found
that the annexation of said territory has no significant impaet
on the environment, and previously approved the granting of a
Negative Declaration.
d. The City Council on June 4, 1984 enacted an ordinance prezoning
the sub~ect territory from Santa Clara County NII. to City of
Cupertino Planned Development (I~.).
e. Annexation to the City of Cupertino will affect no changes in
special distriets.
f. That the territory is within the City urban service area as
adopted by the Local Agency Formation Commission.
g, That the annexation is made sub~ect to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the
proposed annexation to be definite and certain~ and in compliance
with the Commission's road annexation policies. The City shall
reimburse the County for actual costs incurred by the County
Surveyor in making this determination.
i. That the proposed annexation does not ereate islands or 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 conditions imposed by the
commission for inclusion of the territory in the City's urban
service area.
RESOLUTION N0. 6589
m. That the territory to be annexed is contiguous to existing City
limits under provisions of the Government Code.
3. That said annexation is herby ordered without election pursuant to
Section 35157 et seq. of the Government Code.
4. That the Clerk of the City Couneil of the City of Cupertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City oP Cupertino this day of Jrne ^ , 1985 by the following
vote:
Vote Members of the CitY Council
AYES: Gatto, Plungy, Rogers, Sparks, Johnson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Phil N. Johnson ~
City Clerk Mayor, City of Cupertino
~ iMre~zTni. nv~_a;~e s~-o2 ~
, (Irwin)
All that certain real property situaCe in the County of Santa Clara, State of
California, more particularly descriUed as follows:
.11i of Lot °M" in Block 8, Map of Resubdivision oI subdivision No. l, 'I'own of
Monta ViSta, filed on April 11, 1917 in Book '~P" of hiaps, at page 24, Santa
Clara County Records:
Beginning at the nortlieast corner of said Lol "M";
`iicrce SOUi'rl, i00.OC .ect along thc 6oundary of Cupertino City li;~~.its zs
establi~hed by that certain annexation entitled °Measurex 7b-1. Go the souch-
east corner of said "Lot M";~ ,
Thence F?GST, 30.00 feet along the boundary of Cupertino City limits as estab- '
iished by that certain annexation entitled "Almaden 80-1'3" to the southwest
corner of said "Lot M";
Thence NORTfI, 100.00 teet to the northwest corner of said "Lot M";
Thence EAST, 30.00 feet to the Point of Beginning.
Containing: U.07 acres or 3,000 square feet more ~r less.
A.P.N.: 35Z-18-10
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