CC Resolution No. 9516d
RESOLUTION NO. 9516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "GRANADA
AVENUE 95 -05 ", APPROXIMATELY 0.2 ACRE LOCATED ON
THE SOUTH SIDE OF GRANADA AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; MARSHALL (APN 357 -16 -028)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.2 acre on the south side of
Granada Avenue (APN 357 -16 -028) has been filed by property owner Cleo Marshall;
and
WHEREAS, on November 6, 1995, the City Council adopted resolution No.
9494 initiating proceedings for annexation of the area designated "Granada Avenue 95-
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. 9516 • • Page 2
I. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Granada Avenue 95 -05 ", 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 0.2 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.
C. Annexation to the City of Cupertino will affect no changes in special
districts.
£ 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. 9516 • • 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 4th day of December, 1995 by the following vote:
Y= leg of & City Council
AYES: Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: Bautista
ABSTAIN: None
ATTEST: APPROVED:
'
City Clerk Clerk Mayor, City of Cupertino
rssolutUms9516.doc
3
GRANADA AVENUE
YIS11 44FIhIEXa:Tlotil�
MIIK� -- 7 -3 S
Rd. F5.
q�og5
0
ALE:
LOCATION M?,P O
LE CqEND r
PRoPosE5D ANNE.xATlor -I
EwvriHCa ANF•IGY- Allohl
— — — o rr-f LI M ITS
EXHIBIT U
-f�PRTOPo5ED ANNCWROIJ
6N fiHTEL6D Cdr o �Na PA�AVUE
PATE: AUG+ 519455
•
0
s
)rMBITA 0
ANNEXATION TO THE CITY OF CUPERTINO
GRANADA AVENUE 95 -05
AUGUST 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
All of Lot 44, 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 Califbmia on April 11, 1917 in Volume P of Maps, at Page 20, and
more particularly described as follows:
BEGINNING at the northeast corner of said Lot 44 and the southerly line of Granada
Avenue;
Thence VvEST 100.15 feet to the northwest corner of said Lot 44 along southerly line of
that certain annexation to theCityof Cupertino enti tled "Miku175 -3 ",
Thence SOUTH 90.82 feet to the southwest corner of said Lot 44;
Thence FAST 100.15 feet to the southeast comer of said Lot 44;
Thence NORTH 90.82 feet to the POINT OF BBGINNING-
Containing: 9,095 square feet, more or less
.208 aare4 more or less
A.P.N. 357 -16 -028