CC Resolution No. 9804RESOLUTION NO. 9804
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "MILLER
AVENUE 96-10", APPROXIMATELY 2.284 ACRES LOCATED ON
THE WEST SIDE OF MILLER AVENUE BETWEEN CALLE DE
BARCELONA AND PHIL LANE; REHN, SKRAMME, MCKERN
AND, SANDBERG & CITY OF CUPERTINO
(APNS 369-15-001, -003, -004, -005, -006, -007, AND -008)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 2.284 acres on the west side of
Miller Avenue between Calle De Barcelona and Phil Lane (APNs 369-15-001, -003, -
004, -005, -006, -007 and -008) has been filed by property owners Rose E. Rhen, Kermit
O. and Barbara J. Skromme, David C. and Barbara J. Sandberg, and Daniel S. Mc
Keman; and
WHEREAS, on February 18, 1997, the City Council adopted Resolution No.
9788 initiating proceedings for annexation of the area designated "Miller Avenue 96-10;
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 Govemmem 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, Governmem 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
Resolution No. 9804 Page 2
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Miller Avenue 96-10", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 2.284
acre.
bo
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.
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.
The City Council on September 6, 1996, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre PR zone.
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.
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.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
jo
That the proposed annexation does not split line of assessment of
ownership.
Resolution No. 9804 Page
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 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 17th day of March, 1997, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
resoluti/res9804.doc
APPROVED:
..... v~ v
r, i~ity of Cupertino
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED "MILLER AVE. 96-10"
All that certain real property situate in the County of Santa Clara, State of California, Lots 77
through 83 inclusive and portions of Miller Avenue (formerly Wolfe Road) and Calle De
Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was
filed for record on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the
Recorder of said County and State, more particularly described as follows:
Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343;
Thence along the easterly line of that certain annexation to the City of Cupertino entitled Calle de
Barcelona 85-06 the following five courses:
N2°51'58"E 291.82 feet along the westerly boundary of Lots 83, 82, 81, 80 and 79 to the
northwest comer of Lot 79;
N89°30'E 32.15 feet along the northerly boundary of Lot 79,
N0°30'W 105.00 feet along the westerly line of Lot 78 to the northwest comer thereof;
N89°30'E 18.28 feet along the northerly line of Lot 78;
N0°30'W 150.01 feet along the westerly line of Calle de Barcelona and Lot 77 to the northwest
comer of Lot 77;
Thence leaving said annexation Calle de Barcelona 85-06 N89°30'E 159.82 feet along the
southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the
easterly line of said Miller Avenue;
Thence leaving said Original Incorporation S2°51'58'~V 576.55 feet more or less along the
easterly line of Miller Avenue to the northerly line of the San Jose - Cupertino Reorganization of
July 1, 1979;
Thence along said San Jose - Cupertino Reorganization the following three courses:
N87°45'W 45.00 feet more or less along the centerline of Phil Lane (formerly Miller Avenue);
Northerly 20.00 feet the along the centefline of Miller Avenue;
N87°45'W 150.01 feet along the easterly prolongation of the southerly line of said Lot 83
along the southerly line of said Lot 83 to the Point of Beginning.
Containing 2.284 acres more or less.
APN 369-15-001 369-15-006
369-15-003 369-15-007
369-15-004 369-15-008
369-15-005
z
o
z
z
I---
ORIGINAL INCORPORATION
OCTOBER 1955
,,, ,r
/ ?, ~ /
I ~ ~ t
o~ 78
/ P.O.B.
N89'50'E
79
8O
82
83
150.01'
N 87'45'00"
...._-/
LANE
N ~"7'~ ~'0 ,'~¥
LOT 77
APN 369-15-001
6,605.85 SQ.FT.
.1516 AC.
LOT 78
APN 369-15-005
7,894.57 SQ.FT.
.1812 AC.
LOT 79
APN 369-15-004
6,066.68 SQ.FT.
.1593 AC.
LOT 80
APN 569-15-005
6,195.00 SQ.FT.
.1422 AC.
LOT 81
APN 569-15-006
6,195.00 SQ.FT.
.1422 AC.
LOT 82
APN 369-15-007
6,195.00 SQ.FT.
.1422 AC.
LOT 83
APN 569-15-008
6,254.33 SQ.FT.
.1436 AC.
SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979
CALLE DE BARCELONA
PHIL LANE
VICINITY MAP
NOT TO SCALE
LEGEND:
- BOUNDARY LINE OF
PROPOSED ANNEXATION
TOTAL ACRES:
BOUNDARY LINE OF
EXISTING ANNEXATION
EXISTING CITY LIMITS
2.284i
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED "MILLER AVE. 96-10"
DATE: OCTOBER 1996 J SCALE: 1" = 100'
BY: N. LEE J REVISED: 1/22/97
CITY OF CUPERTINO