CC Resolution No. 9155RES OLUTION NO. 915 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED " HERMOSA
AVENUE 94 -05", APPROXIMATELY 0. 17 ACRE LOCATED ON
THE SOUTH SIDE OF HERMOSA AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; LEE (APN 357 -16 -049)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.17 acre on the south side of
Hermosa Avenue between Orange Avenue and Byrne Avenue (APN 357 -16 -049) has
been filed by property owner Jiun -Huey Lee; and
WHEREAS, on July 5, 1994, the City Council adopted resolution No. 9133
initiating proceedings for annexation of the area designated "Hermosa Avenue 94 -05; 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. 9133
Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Hermosa Avenue 94 -0511, 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. 17
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 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.
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.
Resolution No. 9155 Page 3
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 1st day of August 1994 by the following vote:
AYES: Bautista, Burnett, Dean, Koppel
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kim M. Smith /s/ Barbara Koppel
City Clerk Mayor, City of Cupertino
MWIU CS9155.doc
3
"EXI -IIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
HERMOSA AVENUE 94 -05
MAY 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Portion of Lots 66 and 72, as shown upon that certain Map entitled , "Map of Subdivision
'A' Monta Vista ", which Map was filed for record in the office of the Recorder of the
County of Santa Clara, State of California on April 17, 1917 in Volume P of Maps, at
Page 20, and more particularly described as follows:
Beginning at the point of intersection of the Southerly line of Hermosa Avenue with the
Northwest corner of that certain annexation to the City of Cupertino entitled "Hermosa
Avenue 92 -06 ",said point also being along that certain annexation to the City of Cupertino
entitled "Hermosa 71 -15 ", and also being along the Northerly boundary line of Lot 66;
Thence running Southerly along the Westerly boundary line of said annexation entitled
"Hermosa Avenue 92 -06 ", SOUTH 144.62 feet; Thence running Westerly and parallel
with the said Southerly line of Hermosa Avenue also known as the Southerly boundary
line of the said annexation to the City of Cupertino entitled "Hermosa 71 -15 ", WEST
50.08 feet; Thence running Northerly along the Westerly boundary lines of said Lots 66
and 72, NORTH 144.62 feet to a point of the said Southerly line of Hermosa Avenue and
the Southerly boundary line of the said annexation to the City of Cupertino entitled
"Hermosa 71 -15 "; Thence along the said last named line, EAST 50.08 feet to the Point of
Beginning.
Containing: 7,242 square feet, more or less.
0.17 acres, more or less.
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