CC Resolution No. 99-196RESOLUTION NO. 99-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "ALMADEN AVENUE 99-05% APPROXIMATELY
0.2088 ACRE LOCATED ON THE SOUTH SIDE OF ALMADEN AVENUE
BETEWEN BYRNE AVENUE AND ORANGE AVENUE; MAC HALE (APN 357-15-
029)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.2088 acre on the south side of
Almaden Avenue (APN 357-15-029) has been filed by property owners Richard and
Paula MacHale; and
WHEREAS, on June 7, 1999, the City Council adopted Resolution No. 99- 196
initiating proceedings for annexation of the area designated "Almaden Avenue 99-05";
and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; 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, 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 heating; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Almaden Avenue 99-05", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 99-196 Page 2
That said territory is uninhabited and comprises approximately 0.2088
acre.
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
of annexing when providing City services.
The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
The City Council on May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
Annexation to the City of Cupertino will affect no changes in special
districts.
That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
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.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
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.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
Resolution No. 99-196
4.
Page
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 6th day of July, 1999, by the following vote:
Vote
AYES:
NOES:
Members of thee City Council
BURI~ETT, CHANG, JAMES, STATTON, DEAN
NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Cit~
APPROVED:
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENT I TLED:
"ALMADEN AVE. 99-05"
................................................................
Ail that certain real property situated in the County of Santa
Clara, State of California, beinG a portion of Section/Lot 101 as
shown upon that certain Map entitled "MAP OF SUBDIVISION 'A'-
MONTA VISTA", which map was filed in Book "P" of Maps at PaGe 20,
Santa Clara County Records, more particularly described as
follows:
BeGinninG at the Southwesterly corner of said Section/Lot
101, said point also beinG the Northwesterly corner of that
certain annexation to the City of Cupertino entitled "San
Fernando Ave. 92-02";
Thence alonG the Westerly line of said Section/Lot, North
90.82 feet to a point on the southerly line of Almaden Avenue, 40
feet wide, said point also beinG a point on the Southerly line of
that certain annexation of said City entitled "Almaden 84-3";
Thence alonG said Southerly line of said Avenue and the
Southerly line of said "Almaden 84-3" annexation, East 100.15
feet to the intersection thereof with the Easterly line of said
Section/Lot 101;
Thence leavinG said Southerly~of said Avenue and the
Southerly line of said annexation, South 90.82 feet to the
Southeasterly corner of said Section/Lot;
Thence along the Southerly line thereof, West 50.15 feet to
the Northeasterly corner of the hereinabove referred to "San
Fernando Ave. 92-02" annexation;
Thence continue along the Southerly line of said Section/
Lot and the Northerly line of said "San Fernando Ave. 92-02"
annexation, West 50.00 feet to the point of beginning.
ContaininG 0.2088 of an acre, more or less.
Date: April 5, 1999. Revised: May 7,
APN: 357-15-029
Address: 21870 Almaden Ave., Cupertino
Prepared by: E.J. Hahamian, RCE
1999
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BY-- E.~. HAHAN4.1AN,