CC Resolution No. 99-216RESOLUTION NO. 99-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "IMPERIAL AVENUE 99-07", APPROXIMATELY
0.457 ACRE LOCATED ON THE EAST SIDE OF IMPERIAL AVENUE BETWEEN
OLIVE AVENUE AND ALCAZAR AVENUE; YEH (APN 357-19-049)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.457 acre on the east side of
Imperial Avenue (APN 357-19-049) has been filed by property owner James J. Yeh and
Doris Yeh; and
WHEREAS, on June 21, 1999, the City Council adopted Resolution No. 99-168
initiating proceedings for annexation of the area designated "Imperial Avenue 99-07";
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 "Imperial Avenue 99-07", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.457
_. acre.
Resolution ~qo. 99-21 (~ Page
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
of annexing when providing City services.
c. 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.
d. The City Council on May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
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 subject 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 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.
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.
m. 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.
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
l~esolutlon No. ~)O-') 16 Page 3
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 19th day of July, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, James, Statton, Dean
None
None
None
ATTEST:
Cit~
APPROVED:
- EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CA. ENTITLED:
IMPERIAL AVE. 99-07
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Parcel One as shown upon
that certain Record of Survey filed in Book 111 of Maps at Page
39, Santa Clara County Records and a portion of Imperial Avenue
as shown upon said Record of Survey, described as follows:
Beginning at the Northwesterly corner of said Parcel One on
the Easterly line of Imperial Avenue, 60 feet wide;
Thence along the Northerly line of said Parcel S89°57'30"E
135.00 feet to the Northeasterly corner thereof;
Thence along the Easterly line of said Parcel, also being
the Westerly line of that certain annexation of the City of
Cupertino entitled "McClellan lA", South 79.00 feet to the
Southeasterly corner of said Parcel;
Thence leaving said Westerly line of said annexation and
along the Southerly line of said Parcel One, N89°57'30"W
135.00 feet to the Southwesterly corner thereof on the East-
erly line of Imperial Avenue;
Thence continue N89°57'30"W 60.00 feet to the Westerly line
of Imperial Avenue;
Thence along said Westerly line North 154.00 feet to the
Southwesterly corner of that certain annexation of said City
entitled "Imperial Avenue 98-08";
Thence leaving said line of Imperial Avenue and along the
Southerly line of said annexation, S89°57'30"E 60.00 feet to the
Easterly line of Imperial Avenue;
Thence leaving said Southerly line of said annexation and
along the Easterly line of said Imperial Avenue, South 75.00 feet
to the point of beginning;
Containing 0.457 of an acre, more or less.
Date: April 20, 1999
APN: 35F-19-049
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NOT TO 5dALE