CC Resolution No. 9282
RESOLUTION NO. 9282
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE
AVENUE 94-03", APPROXIMATELY 0.32 ACRE LOCATED ON
THE WEST SIDE OF ORANGE AVENUE BETWEEN DOLORES
A VENUE AND ALCAZAR A VENUE; MEHTA AND PAREKH
(APN'357-14-022)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.32 acre on the west side of Orange
Avenue (APN 357-14-022) has been filed by property owners Yeshwant and Ila Mehta
and Nitin and Alka Parekh; and
WHEREAS, on January 3, 1995, the City Council adopted resolution No. 9256
initiating proceedings for annexation of the area designated "Orange Avenue 94-03; 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. 9282
Page 2
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Orange Avenue 94-03", 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 0.32
acre,
b. That the annexation is consistent with the orderly annexation ofterritory
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 Fonnation Commission,
g. That the annexation is made subject to no tenns and conditions,
h, That the County Surveyor has detennined 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
detennination,
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,
2
Resolution No, 9282
Page 3
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 ~ day of February ,1995 by the following vote:
YQ1!: MembersQÍ~~Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kim Marie Smith
City Clerk
resolutilres9282.doc
/s/ Wally Dean
Mayor, City of Cupertino
3
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED ORANGE 94-03
All that certain real property situated in the County of Santa
Clara. State of California. being a portion of Lot 147 as
shown upon that certain map entitled "MAP OF SUBDIVISION "A"
MONTA VISTA". (hereinafter referred to as "SUbdivision").
which map was recorded in the Office of the Recorder of said
County on April 11, 1917 in Book P of Maps at Page 20. described
as follows:
Beginning at a point on the Westerly line of Orange Avenue at
the Southeasterly corner of that certain annexation to the
City of Cupertino entitled "Orange 92-03", by Resolution No.
8646. said point of beginning being distant North 158.42 feet
from the intersection of said line'of Orange Avenue with the
centerline of Dolores Avenue;
Thence'from said Point of Beginning along the Westerly line of
said Orange Avenue also being the Westerly line of that certain
annexation to said City entitled "Alcazar 80-49". by. Resolution
No. 5601. South 138.42 feet to the Southeasterly corner of
said Lot 147 of said Subdivision;
Thence along the Southerly line of said Lot also being the
Northerly line of that certain annexation to said City entitled
"Fuchs 76-04", by Resolution No. 4211. West 100.15 feet to the
Southwesterly corner of said Lot;
Thence along the Westerly line of said Lot also being the
Easterly line of that certain annexation to said City entitl~d
"Dolores (Clark)". by Resolution No. 7144. North 138.42 feet;
Thence along the Southerly line of the hereinabove mentioned
annexation entitled "Orange 92-03". East 100.15 feet to the
Point of Beginning.
Containing 13.383 square feet. more or less or 0.318 of an
acre.
APN: 357-14-022
Date: April 11. 1994 .
E.LL
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EX.HIBIT B
PROPOSED ANNEXATIQ N
TO THE CITY OF CUPERTI NO
fNTITL ED·ORANGE AVE ÑU.E:. 94-01"
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