CC Resolution No. 9573 ~ •
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j RESOLUTION NO. 9573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTTNO MAKING DETERNIINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "ALMADEN
AVENUE 95-06", APPROXIMATELY 0.228 ACRE LOCAT'ED ON
TI~ NORTH SIDE OF ALMADEN AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; TANG (APN 357-15-017)
WHEREAS, a petition for the annexation of cectain territory to the City of
Cupertino in the County of Santu Clara consisting of 0.228 acre on thc north side of
Almaden Avenue (APN 357-15-017) has been filed by property owners Chao Yang and
Hsueh-Hsia Tang; und
WHEREAS, on Februtuy 6, 1996, the City Council adopted resolution No. 9557
initiating proceedings for annexation of the Fuea designated "Almaden Avenue 95-06; 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 Califomia Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santu 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, Govemment Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City CounGil
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 Ciry Council of the City of
Cupertino as follows:
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Rcsolution No. 9573 Page 2
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designuted "Almuden Avenue 95-06", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. Thut said tecritory is uninhubited and comprises approximntely 0.228
acre.
b. That the annexation is consistent with the orderly unnexation of territory
with the Ciry's urban service area and is consistent with the City policy
~i of annexing when providing City services.
c. The City Council has completed an initial study and has found that the
annexation of said territory hus no significsint impact on the environment,
and previously approved the granting of u Negative Decluration.
d. The City Council on September 4,1984, enacted an ordinunce prezoning
the subjxt territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no chnnges in specinl
districu.
f. That the territory is within the city wban service area as adopted by the
Local Agency Formation Commission.
g. That the anneuation is made subject to no terms and conditions.
h. That the Co~nty 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 actuat costs incurred by the County Surveyor in making this
determinarion.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipat 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.
1. That the City has complied with ull conditions imposed by the
commission for inclusion of the territory in the City's urban service area
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Resolution No. 9573 Page 3
m. TF?at lhe territory to be annexed is contiguous to existing City limits under
provisions of the Govemment Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Govemment Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
I notice of said annexation as prescribed by law.
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PASSED AND ADOPTED at u regular meeting of the City Council of the City
of CupeRino this 4th day of March, 1996, by the following vote:
Yst~ Msm~IS nf Ih~ Siix ~il
AYES: Bautista, Chang, Dean, Sorensen, Bumett
NOES: None
ABSEIVT: None
ABSTAIN: None
ATT'EST: APPROVED:
. ~r
City Clerk Mayor, City of Cupertino
rcsomtura9s~7.aoc
3
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EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ALMADEN AYE. 95-06
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNINGAT THE SOUTHEAST CORNER OF THE WESTERLY 1/2 OF SECTION 92, AS SAID
SECTION 92 IS SHOWN ON THAT CERTAIN MAP ENTITLED `MAP OF SUBDIVISION 'A' OF MONTA
I VISTA' WHICH MAP WAS FILEO FOR RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE
20, SANTA CLARA COUNTY RECORDS; SAID POINTOF BEGINNING LYING ON THE NORTHERLY LINE
OF ALMADEN AVENUE BEtNG ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE
CITY OF CUPERTINO ENTITLED'ALMADEN 8403";
THENCE LEAVINGSAIDPOINTOF BEGINNINGALONGTHE EASTERLY LINE OF SAID WESTERIY 1/2
OF SECTION 92. NORTH 199.42 FEET TO THE SOUTHERLY LINE OF SECTION 82 AS SHOWN ON
SAID "MAP OF SUBDIVISION'A'OF MONTA VISTA' ABOVE DESCRIBED;
THENCE ALONG SAID SOUTHERLY LINE OF SECTION 82 WEST 50.075 FEET TO THE COMMON
LINE BETWEEN SECTIONS 91 AND 92 OF SAID'MAP OF SUBDIVISION'A'OF MONTA VISTA";
THENCE ALONG SAIO COMMON LINE OF SECTIONS 91 AND 92, SOUTH 198.42 FEET TO A POINT IN
SAID NORTHERIY IINE OF ALMADEN AVENUE. AND NORTHERLY LINE OF SAID ANNEXATION
ENTITLED'ALMADEN 8403",
THENCE ALONG SAID NORTHERLY LINE OF ALMADEN AVENUE, ANO NORTHERLY LINE OF SAID
ANNEXATION EIYTITLEO `AIMADEN 84-OJ", EAST 50.075 FEET TO THE POINT Q~ I NI G.
cON7AtNING: 9,935.9 SOUaRE FEET, MORE OR LESS.
0.228 ACRES, MORE OR LESS.
A. P. N. : 357-15-017
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PROPl7~ED A~~XAT1oN THE CITY OF` CUPERYlNO
- - - @ BoiaNIaARY L.INE oF ENtI't1.r'.G ~~,L.k1ATJEf1 AVE . ~ 95 -06
pCt~3TIHGANND~ATtoti aATC: NOV. ?995 3~At.F~ i"-IOO'
~~XtgCING Ct'1"( LIMlTS BY~SFtJ GEt~c:WpW REVItiED:
.yJACLREN P, hifd4l.EY 129 E.5 NNYdtiKS' (pt
- ' .G 5?497 . ~ CAMPBE.t~.,CA 95008