CC Resolution No. 9660 RESOLUTION NO. 9660
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "DOLORES
AVENUE 96-03", APPROXIMATELY 0.456 ACRE LOCATED ON
THE NORTH SIDE OF DOLORES AVENI~ BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; COLE (APN 35%14-027)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.456 acre on the west side of
Dolores Avenue (APN 357-14-027) has been filed by property owners Ruby Mae Cole;
and
WHEREAS, on January 3, 1995, the City Council adopted resolution No. 9637
initiating proceedings for annexation of the area designated "Dolores Avenue 96-03; 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. 966~, ~ Page
· - 1. That it is the conducting authority pursuant to Section 35150.5 oft he Government
Code for the annexation of property designated "Dolores Avenue 96-03", 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 0.456
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 ten/tory to City of Cupertino R1-7.5 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
Commissioffs 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.
1. That the City has complied with all conditions imposed by the
commission for inclusion of the ten/tory in the City's urban service area.
Resolution No. 966 , I Page 3
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 15th day of July, 1996 by the following vote:
Vote Members of the City, Council
AYES: Bautista, Chang, Dean, Sorensen, Bumett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
D~~'2~ Mayor, City of Cupertino
resoluti/res9660.do¢
EXHI BIT 'A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVE. 96-03
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142, AS SAID PARCEL IS SHOWN ON THAT
CERTAIN MAP ENTITLED "MAP OF SUBDIVISION 'A' OF MONTA VISTA" WHICH MAP WAS FILED FOR
RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY
RECORDS; SAID POINT OF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE
BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "DOLORES AVE. 88-13";
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142,
NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF
SUBDIVISION 'A' OF MONTA VI STA" ABOVE DESCRIBED;
THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 WEST 100.15 FEET TO THE EASTERLY
LINE OF PARCEL 141 OF SAID 'MAP OF SUBDIVISION 'A' OF MONTA VISTA";
THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 1 98.42 FEET TO A POINT ON SAID
NORTHERLY LI NE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED
"DOLORES AVE. 88-13",
THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID
ANNEXATION ENTITLED "DOLORES AVE.. 88-13", EAST 100.15 FEET TO THE POI NT OF BEGINNING.
CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS.
0.456 ACRES, MORE OR LESS. ~ ~t:ESS'.~.~4~-~
A.P.N. ' 357-14-027