CC Resolution No. 9003
RESOLUTION NO. 9003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "OLIVE
AVENUE 93-02", APPROXIMATELY 0.15 ACRE LOCATED ON
THE NORTH SIDE OF OLIVE AVENUE BETWEEN ORANGE
A VENUE AND PASADENA A VENUE; BRICE (APN 357-18-028)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.15 acre on the north side of Olive
Avenue (APN 357-18-028) has been filed by property owners James and JoAnn Brice;
and
WHEREAS, on December 6, 1993, the City Council adopted resolution No. 8988
initiating proceedings for annexation of the area designated "Olive Avenue 93-02; 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:
Resolution No. 9003
I. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Olive Avenue 93-02", 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 0.15
acre.
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 June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino RI-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.
1. 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.
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Resolution No. 9003
I. 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of January, 1994 by the following vote:
~ Membersill~~Council
A YES: Bautista, Burnett, Dean, Sorense, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Isl Kim M.Smith
City Clerk
Isl Barbara Koppel
Mayor, City of Cupertino
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"EXHIBIT A"
ANNEXATION 'lO THE CITY OF aJPERI'INO
"Olive Ave. 93-02"
All that certain real property situate in the County of Santa Clara, state
of California, more particularly described as follows:
Beginning at the northwest corner of Lot 2 as shown on "Record of SUrvey
for W. Garcia", which map was filed for record in the Office of the
Recorder of Santa Clara County in Book 136 of Maps, at page 8:
'!hence from said Point of Beginning 589056'30"E, 66.67 feet to the
northeast corner of said Lot 2;
'!hence SOUIH, 97.70 feet to the southeast corner of said Lot 2;
'!hence, N89056'30''W, 66.67 feet to the southwesterly corner of said Lot
2 and along the northerly boundary line of Olive Avenue and that certain
annexation to the City of CUpertino entitled "Almaden Avenue 80-13";
'!hence NOR'lH, 97.70 feet to the Point of Beginning.
Containing: 0.15 acres, more or less
A.P.N.: 357-18-028
Date:
Revision date:
September 23, 1993
October 11, 1993
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LEGEND EXHIBIT B
= BOUNDARY'LlNE OF PROPOSED ANNEXATION
PROPOSED ANNEXATION TO THE CITY OF CUPERTINO
= BOUNDARY LINE OF ENTITLED OLIVE AVE. 93-02
EXISTING ANNEXATION -
DA TE: SEPT. 1993 SCALE: 1" = 60'
= EXISTING CITY LIMITS BY: K. RIEDEN REVISED: 10-11-93
CITY OF CUPERTINO
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