CC Resolution No. 9168
RESOLUTION NO. 9168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "DOLORES
94-06", APPROXIMATELY 0.92 ACRE LOCATED ON THE
SOUTH SIDE OF DOLORES AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; ESTATE OF AL VA M.
EHRHART (APN 357-14-040)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.92 acre on the south side of
Dolores Avenue (APN 357-14-040) has been filed by property owner Estate of Alva M.
Ehrhart; and
WHEREAS, on August I, 1994, the City Council adopted Resolution No. 9154
initiating proceedings for annexation of the area designated "Dolores 94-06; 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 F onnation 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. 9168
I. That it is the conducting authority pursuant to Section 35150.5 of the Govemment
Code for the annexation of property designated "Dolores 94-06", 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 0.92
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.
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.
2
Resolution No. 9168
1. That the City has complied with all conditions imposed by the
cornmission 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 6th day of September, 1994 by the following vote:
~ Members QÍ~ Qn: Council
A YES: Burnett, Dean, Sorense, Koppel
NOES: None
ABSENT: Bautists
ABSTAIN: None
ATTEST: APPROVED:
Isl Roberta Wolfe
Deputy City Clerk
Isf Barbara A. Ko¡¡pel
Mayor, City of Cupertino
resolutilres9168.doc
3
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LEGAL DESCRIPTION
ANNEXATION ENTITLED
"DOLORES 94-06"
THAT CERT AIN REAL PROPERTY SITUATE IN THE COUNTY OF SANT A CLARA. STATE
OF CALIFORNIA. BEING DESCRIBED AS FOLLOWS:
ALL OF SECTIONS (LOTS) I SO, IS 1. 152, 160 AND 170 AS LAID DOWN. DESIGNATED
AND DELINEATED UPON THAT CERT AIN 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. ST ATE OF CALIFORNIA
ON APRIL II. 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 "DOLORES A VENUE 88-13"; THENCE ALONG THE NORTHERLY
LINE OF LOTS I 52, I 5 I AND I 50 AND THE CITY LIMITS LINE OF SAID
ANNEXATION "DOLORES A VENUE 88- I 3" 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 LOT 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 75.1 I 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 ALONG THE WESTERLY LINE OF LOT '152, NORTH 90.82
FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 40,959
SQUARE FEET.
].M.H. #3348
DOLORES 94-06 ANNEXATION - DEBCOR CORP.
JUNE 1994
REVISED JULY 11. 1994
JENNINGS, McDERMOIT, HEISS. INC. ' CIVIL ENGINEERING. LANn PI AN"-""-'"
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II EXHIBIT B II
PROPOSED ANNEXATION
TO' CITY OF cuPERTINO
ENTITLED: DOLORES 94-06
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