CC Resolution No. 00-206RESOLUTION 00-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING
DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY
DESIGNATED "ALCAZAR AVENUE 00-08", APPROXIMATELY 0.183 ACRE LOCATED
ON THE SOUTH SIDE OF ALCAZAR AVENUE BETWEEN ORANGE AVENUE AND
IMPERIAL AVENUE; BRUFFY AND EASTMAN (APN 357-19-012)
WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in
the County of Santa Clara consisting of 0.183+ acre on the south side of
Alcazar Avenue (APN 357-19-012) has been filed by property owner Bill Bruffey and Patricia
Eastman; and
WHEREAS, on June 19, 2000, the City Council adopted Resolution No. 00-195 initiating
proceedings for annexation of the area designated "Alcazar Avenue 00-08"; 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 ifa 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 "Alcazar Avenue 00-08", more particularly
described in Exhibit "A";
2. That the following findings are made by the City Council of the City of Cupertino:
a. That said territory is uninhabited and comprises approximately 0.183 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.
Resolution 00-206 Page
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 Pre 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.
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.
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151 et seq.
of the Government Code.
4. 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.
Resolution 00-206 Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 174 day of July, 2000, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, Lowenthal, James
NOES: None
ABSENT: Statton
ABSTAiN: None
ATTEST:
APPROVED:
ice-M~or, City o~ert~no
EXHIBIT "A"
PROPOSED ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED:
ALCAZAR AVE. 00-08
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Lot 20 of Tract No. 300,
MAP OF NOONAN SUBDIVISION - UNIT No. 2, which map was filed for
record on May 6, 1946 in Book 10 of Maps at Page 16, in the
Office of the Recorder of said County, more particularly
described as follows:
Beginning at the Northwesterly corner of said Lot on the
Southerly line of Alcazar Avenue, 50 feet wide, said point being
distant S89°58'E 200.24 feet from the Southwesterly corner of the
"Alcazar 86-01" annexation to the City of Cupertino, California.
Thence along the Northerly line of said Lot, also being the
Southerly line of said Alcazar Avenue and the Southerly line of
said annexation, continue S89°58'E 60.00 feet to the North-
easterly corner of said Lot, also being the Northwesterly corner
of the "Alcazar Ave. 97-10" annexation to said City.
Thence along the Easterly line of said Lot, also being the
Westerly line of said "Alcazar Ave. 97-10" annexation, South
132.59 feet to the Southeasterly corner of said Lot, also being
the Southwesterly corner of said "Alcazar Ave. 97-10" annexation.
Thence along the Northerly line of the "Noonan 73-8"
annexation and along the Southerly line of said Lot, N89°58'W
60.00 feet to the Southwesterly corner of said Lot.
Thence leaving said Northerly line of said Noonan annexation
and along the Westerly line of said Lot, North 132.59 feet to the
point of beginning.
Containing 0.183 of an acre, more or less.
APN: 357-19-012
Date: May 10, 2000
Prepared by: E.J. Hahamian, Civil Engineer
Bo und ay line o~exi~l'in_q ~nneXc~ ~/on
~' !x"'-l--~'~ .... ~ BoundaEJ .. .I/~e °# Proposed Ann
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"MOosan 73-00"
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PRO POS ED ANNEXATION 'to THE
CITY OF CUPERTINO ENITLF._.D:
"A L CAZAR ,4VE. 00-08"
API~'. 3.~?-19- OIZ
SCALE: 1'~=5o' MA"( Io, 2000