CC Resolution No. 9154
"
RESOLUTION NO. 9154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETIING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "DOLORES 94-06", PROPERTY
LOCATED ON THE SOUTH SIDE OF DOLORES AVENUE
BETWEEN ORANGE AVENUE AND BYRNE AVENUE;
APPROXIMATELY 0.92 ACRE, ESTATE OF AL VA M. EHRHART
(APN 357-14-040)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Dolores 94-06" from property owners, Estate of Alva
M. Ehrhart; and
WHEREAS, the property, 0.92± acre on the south side of Dolores Avenue
between Orange Avenue and Byrne Avenue (APN 357-14-040) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on June 4, 1984, to
City of Cupertino RI-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
RESOLUTION NO. 9154
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Dolores 94-06" at their regular meeting of September 6, 1994.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1 st day of August, 1994 by the following vote:
Y!m: Members 2f thI: Cib: Council
A YES: Bautista, Burnett, Dean, Koppel
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
Is! Kim M. Smith
City Clerk
Is! Barbara KQppel
Mayor, City of Cupertino
resoluti/res9154.doc
2
LEGAL DESCRIPTION
ANNEXATION ENTITLED
"DOLORES 94-06"
THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANT A CLARA. STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
ALL OF SECTIONS (LOTS) ISO. IS 1. 152. 160 AND 170 AS LAID DOWN. DESIGNATED
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION "A"
MONT A VISTA", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA. STATE OF CALIFORNIA
ON APRIL 11. 1917 IN BOOK "P" OF MAPS. PAGE 20. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 152, ALSO BEING AN ANGLE
POINT IN ANNEXATION "OOLORES A VENUE 88-13"; THENCE ALONG THE NORTHERLY
LINE OF LOTS 152, 151 AND 150 AND THE CITY LIMITS LINE OF SAID
ANNEXATION "OOLORES A VENUE 88-13" AND ALSO ANNEXATION "OOLORES
A VENUE 82-02". N 89·46' E 300.45 FEET TO THE NORTHEAST CORNER OF LOT 150
AND A CITY LIMITS LINE DESIGNATED ANNEXATION "FUCHS 76-4": THENCE ALONG
SAID AFORE MENTIONED ANNEXATION AND THE EASTERLY LINE OF SAID LOT ISO,
SOUTH 90.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 150 AND A CITY
LIMITS LINE OF ANNEXATION "McCLELLAN 78-5"; THENCE ALONG SAID AFORE
MENTIONED ANNEXATION AND THE SOUTHERLY LINE OF Lor ISO, S 89·31· W
100.15 FEET TO AN ANGLE POINT THEREIN AND THE NORTHEAST CORNER OF LOT
160; THENCE CONTINUING ALONG SAID ANNEXATION "McCLELLAN 78-5" AND THE
EASTERLY LINE OF LOT 160 AND LOT 170, SOUTH 218.42 FEET TO THE SOUTHEAST
CORNER OF LOT 170 AND AN ANGLE POINT IN ANNEXATION "HOWELL 76-9";
THENCE ALONG SAID AFORE MENTIONED ANNEXATION, S 89·46' W 25.04 FEET TO
THE SOUTHWEST CORNER OF LOT 170: THENCE ALONG THE WESTERLY LINE OF LOT
170. NORTH 109.21 FEET TO THE NORTHWEST CORNER THEREOF AND THE
SOUTHERLY LINE OF LOT 160: THENCE ALONG SAID SOUTHERLY LINE OF LOT 160.
S 89·46' W 75.11 FEET TO THE SOUTHWEST CORNER OF LOT 160 AND AN ANGLE
POINT IN ANNEXATION "McCLELLAN ROAD 88-06"; THENCE ALONG SAID LOT 160
AND THE AFORE MENTIONED ANNEXATION. NORTH 109.21 FEET TO THE SOUTHEAST
CORNER OF LOT 152: THENCE ALONG THE AFOREMENTIONED ANNEXATION AND THE
SOUTHERLY LINE OF LOT 152. S 89·46' W 100.15 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 152: THENCE ALONGTHE WESTERLY LINE OF LOT 152. NORTH 90~82
FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 40.959
SQUARE FEET.
j.M.H. # 3348
DOLORES 94-06 ANNEXATION - DEBCOR CORP.
JUNE 1994
REVISED JULY 11. 1994
JENNINGS· McDERMOIT· HEISS, INC. . CIVIL ENGINEERING· LAND PLANNIN(;
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IIEXHIBIT B II
PROPOI~D ANNEXATION
TO'CITY OF cuPERTINO
ENTITLED: DOLORES 94-06
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