CC Resolution No. 99-240RESOLUTION NO. 99-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "ALMADEN AVENLrE 99-04", APPROXIMATELY
0.228 ACRE LOCATED ON THE NORTH SIDE OF ALMADEN AVENUE
BETWEEN BYRNE AVENUE AND ORANGE AVENUE; LIN (APN 357-15-022)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.228 acre on the north side of
Almaden Avenue (APN 357-15-022) has been filed by property owners Chi-Yen Robert
Lin and Meng-Yin Lee Lin; and
WHEREAS, on July 6, 1999, the City Council adopted Resolution No. 99-198
initiating proceedings for annexation of the area designated "Almaden Avenue 99-04";
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 hearing; 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 99-04", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 99-240 Page
That said ten/tory is uninhabited and comprises approximately 0.228
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.
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.
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.
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.
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.
Re oluti0n No. 99-240 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 16th day of August, 1999, by the following vote:
Vote
Members of the City Council
AYES:
Bumett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Mayor, City o(fupertino
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED:
"ALMADEN AVE. 99-04"
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Lot 89 of "MAP OF
SUBDIVISION "A" MONTA VISTA" which map was filed for record on
April 11, 1917 in Book "P" of Maps at Page 20, Santa Clara County
Records and more particularly described as follows:
Beginning at the Southeasterly corner of the herei~
described parcel on the Northerly line Of'Almaden Avenue, 40 feet
wide, said point also bging the point of beginning of that
certain annexation to the City of Cupertino entitled "Almaden
Ave. 97-01";
Thence along the Easterly line of the herein described
parcel, also being the Westerly line of said Annexation, North
198.42 feet to the Northeasterly corner thereof;
Thence leaving said Annexation line and along the Northerly
line of the herein described Parcel, West 50.00 feet to the
Northwesterly corner thereof;
Thence along the Westerly line of said Parcel South 198.42
feet to the Southwesterly corner thereof on the Northerly line
of the hereinabove referred to Almaden Avenue;
Thence along said last-named line, also being a Northerly
line of that certain annexation to said City entitled "Almaden
84-3", East 50.00 feet to the point of beginning.
Containing 0.228 of an acre, more or less.
Date: April 28, 1999
Address: 21925 Almaden Ave., Cupertino
APN: 357-15-022
v~J~ 5o.00
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VICINI'TY MAP
NOT TO sCALD=
EXHIBtT I~,
PRO Po 5 ED Al4 A~'~ATIO Iq
TO TI~ city 0~ CU~PERTIN0
E N T~TL.P...D
AVE. 99-04-
.,~cALP-: I":~;O' Ap¢;I 20, 1999