CC Resolution No. 94510 0
RESOLUTION NO. 9451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE
AVENUE 95 -02 ", APPROXIMATELY 0. 18 ACRE LOCATED ON
THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN
AVENUE AND SAN FERNANDO AVENUE; CHU/TANG (APN
357 -14 -097)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.18 acre on the west side of Orange
Avenue (APN 357 -15 -097) has been filed by property owners Wei Luh Chu and Ying
Tian Tang; and
WHEREAS, on September 5, 1995, the City Council adopted resolution No. 9413
initiating proceedings for annexation of the area designated "Orange Avenue 95 -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. 9451 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 95 -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. 18
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.
E 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.
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Resolution No. 9451 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 2nd day of October, 1995 by the following vote:
Y= Members Qf 11= City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROV D:
i2�d ,
City Clerk Mayor, Ctty of CWino
rM1UtV %3Ld"
3
• "EXHIBIT A" •
ANNEXATION TO THE CITY OF CUPERTINO
ORANGE AVENUE 95 -02
JULY 1995
All that certain real property situate in the County of Santa Clara.
State of California. more particularly described as follows:
Portion of Lot 113. as shown upon that certain Map entitled. "Map of
Subdivision W 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 11. 1917 in Volume P of Maps. at Page 20. and more particularly
described as follows:
Beginning at the point of intersection of the westerly line of Orange
Avenue with the northerly line of San Fernando Avenue. running thence
along the westerly line of said Orange Avenue. NORTH 78.42 feet to a
point lying on the boundary of that certain annexation to the City of
Cupertino entitled "Orange Avenue 94 -0711:
Thence leaving the westerly line of said Orange Avenue and running along
the said annexation "Orange Avenue 94 -07" WEST 100.15 feet to a point
lying on the boundary of that certain annexation to the City of
Cupertino entitled "San Fernando Avenue 81 -411;
Thence along the said annexation "Sad Fernando Avenue 81 -4" SOUTH 78.42
feet to a point being along the northerly line of San Fernando Avenue:
Thence EAST 100.15 feet along said northerly line of San Fernando Avenue
to the Point of Beginning.
Containing: 7.854 square feet. more or less.
0.18 acres. more or lees.
A.P.N.: 357 -15 -097
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N
5,AtE' 1" -loo'
ALMADEN AVENUE
45.00 � j ///
64N FERNANDO AVE.
' V157iN(A ANNEVAMON-
"SAN FERWDO A%e 91 -4"
40.00'
EXISn94 ANNEXATON
P ANAE AVENUE 44 -Ckl
APN 957- 15-0417
-x6541. Fr.
O. 19 ACRES
O.S.
0
0
3
WCINITY MAP
NOT TO SCALE
1�
25538 „
LEGEND: I EXHIBIT B
PROPOSED ANNEXATION
TO "DiE CITY OF CUPERTINO
ENTITLED ORA46S AVE, q6 -02
DATE: JULY. IQgS �64.&LE: t "= too
r
tyY= J.4,
JAMES C.CHi:N, G&, S.E. QO'aox ao�
tap sosE, u.4!
— �--- -- BOUNDARY LINE OF
PROPOSED ANNE WTION
-- -- -- t30UM)ARY LINE OF
EJOSTING ANNEXATION
-- -•- - -- = EASTING CTY LIMNS
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