CC Resolution No. 6313 ~ ~
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RESOLUTIOtJ f10, 6313
A RESOLUTIO:~ OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
OR~ERItIG At1NEXATIOtI Oc^ THE ANEA DF.SIGNATED AS "ALifA~EN 84-3"
~IfIEflEAS, cn tiarch 73, 1984 the City Ccuncil of the City ef
Cupertinc adcpted Rescluticn Ilc. 6293 initiating prcceedings and
setting the time and place fcr public hearing for consideration of
annexaticn cf the area designated "Almaden 84-3;" and
WNEREAS, said territcry is uninhabited and the xritten censent tc
. annexaticn was cbtained frcm the prcperty eNner; and
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i NHEREAS, Section 35150.5 cf the Califcrnia Gcvernment Ccde states
that the Lccal APency F'crmaticn Ccmmissicn shall nct have any
authority tc revieW an annexaticn tc any City in Santa Clara County
~ cf uninccrpcrated territcry Which is Within the urban service area cf
the city ef the annexatien if initiated by rescluticn ef the
' legislative bcdy ef the city and therefere the City Ccuncll ef the
' City ef Cupertinc is ncW ccnducting authority fcr said annexaticn;
and
WfiERF.AS, the prcperty cuner ef said territcry Nas nrtified cf the
hearing and ne written pretest against the annexaticn was filed with
the City Clerk at any time prior to the City Ceuncil's hearing cn the
preposed annexaticn; and
IJHEREAS~ a duly ncticed public hearing Was held before the City
Ccuncil ef the City ef Cupertinc cn Menday, April 16, 1984 at 6:45
p.m., in the Ccuncil Chamber, City tlall, 10300 Terre Avenue,
Cupertinc. Califcrnia; and
WHEHEAS, evidence was presented tc the City Ccuncil;
NOW, TFiEREFORE, BE IT RESOLVED by the City Council of the City cf
Cupertino as fcllcus:
t. Th3t it is Lhe ccnducting autherity pursuant Lc Secticn 35150.5
cf the Gevernment Ccde fcr the annexaticn cf preperty designated
"Almaden 0U-3," mcre particularly described in Exhibit "A'~;
2. That Lhe fcllc++ing findings are made by the City Council of the
City cf Cupertinc.
a. That said territory is uninhabited nnd ecmprises 0.93 acre
mcre cr lea~.
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RESOLUTION t:0. 63~3
b. That the annexaticn is ecnsistent aith the crderly
annexaticn ef territery with the City's urban service area
and is ccnsistent aith the City pclicy annexing ahen
previding City services.
c. The City Ccuncil has cempleted an initiated study and has
fcund that the annexatlon ef said territcry has no
significant impact cn the envircnment, and prevlcusly
• apprcved the granting of a Negative Declaraticn.
d. The City Ceuncil cn August 15. 1983 enacted an ordinance
prezening the sub,ject territcry frcm Santa Clara County R1-8
tc City cf Cupertino R1-7.5.
e. Annexaticn tc the City cf Cupertine Will affeet ne changes
in special districts.
I f. That the territcry is within the City urba~ service area as
adepted by the Local Agency Fcrmaticn Cemmission.
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~ g. That the annexaticn is made sub,ject tc nc terms and
~ ccnditicns.
I h. That the Ccunty Surveycr has determined Lhe bcundaries cf
~ the prepcsed annexaticn tc be definlte and certain, and in
~ cempliance with the Commissicn's rcad annexaticn pclicies.
I The City shall reimburse the Ccunty fcr actual cests
i incurred by the Ccunty Surveyor in making this
determinatien.
~ i. 1'hat the prcpesed annexaticn dces net create islands cr
areas in ahich it Weuld be difficult tc provide municipal
° services.
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• j, That the prcpesed annexaticn dces nct split lines ef
. assessment er cWnership.
k. That the prcpcsed annexaticn is censistent with the City's
General Plan.
1. That the City has ccmplied with all ccnditicns impcsed by
the ecmmissicn fcr inelusicn ef the territcry in the City'a
urban service area.
m. That the territcry tc be annexed is ccntigucus to existing
Clty limit~ under previsicns of the Government Ccde.
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HESOLUTI01~ 110. 63~3
3. That said annexaticn is hereby crdered Nithcut electicn pursuant
tc Secticn 35151 et seq. oC the Gevernment Ccde.
4. lhat the Clerk ct the City Ccuncil cf the City cf Cupertinc is
directed tc give notice of said annexation as prescribed by law.
PASSED AtlD ADOPTED at a regular meeting ef the City Council cf
' the City ef Cupertinc this 16th day of April, 1984 by the fcllowing
• vcte:
Vote Members cf the City Ccuncil
AYES: Gatto, Johnson, Rogera, Sparks. Plungy
NOES: None
ABSEI~T: None
ABSTAIN: None
APPROYED:
1 cr~ C1 cf Cuperti
ATTEST:
G' „
~ts cL
City Clerk
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i AI.DtAllL•'N AVENUE 84-7 ~
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' All oF that certain real property sltuate in khe Coun~y oC Santa Clara, State of
~ California, more particularly described as follows:
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All of Lot 90 and portions of Almaden Avenue ae shown on the map entltled, "Map of
Subdivision "A" Ptonta Vista", which map was filed for record in the Offtce of the
~ Recorder of the County of Santa Cl~ra, State of California, on April 11, 1917 in Book
i P oF Mapa, at Page 20;
j Beginning at the southwest corner of I,ot 88 as ahown on the aforementloned map;
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Tlience EAST 200.30 feet along tl~e northerly sideline oC Almaden Avenue to the south-
weat corner of Lot 90 as shown on said map;
Thence NORTk1 198.42 Ceet to the northwest corner of s~id Lot 90;
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~ Thence EAST 100.15 feet to the northeast corner of said Lo[ 90;
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I Thence SOUTH 198.42 teet to the southeast corner of said Lot 90;
Thence EAST 50.075 feet alon~ said nortt~erly sideline of Almnden Avenue;
~ Thence NORT}i 10.00 feet;
Thence EAST 50.075 feet;
Thence SOUT}1 10.00 feet;
I Thence EAST 100.15 feet along said northerly sideline to a point being along tl~at
~ certain annexation to the City of Cupertino entitled "Almaden 80-13";
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Thence SOUTH 40.00 feet along said annexation boundary to a point on the southerly
, sideline oF Almaden Avenue;
Thence WEST 500.75 feet along said eoutherly sideline ot Almaden Avenue Avenue to a
point along [hat proposed annexation to the City of Cupertino entitled "San Fernando 84-1";
Thence NORTH 40.00 fetit along said proposed annexation "San Fernando 84-01'~ to the True
Point of Beginning.
' Containing: .93 acres more or less
A.P.N.: 357-15-81
Revised: March 13, 1984
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