CC Resolution No. 9805RESOLUTION NO. 9805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "ALMADEN
AVENUE 96-15", APPROXIMATELY 0.16 ACRE LOCATED ON
THE SOUTH SIDE OF ALMADEN AVENUE BETWEEN BYRNE
AVENUE AND ORANGE AVENUE; BEEDLE
(APN 357-25-027)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.16 acres on the south side of
Almaden Avenue between Byme Avenue and Orange Avenue (APN 357-25-027) has
been filed by property owners Brett and Lori Beedle; and
WHEREAS, on February 18, 1997, the City Council adopted Resolution No.
9789 initiating proceedings for annexation of the area designated "Almaden Avenue 96-
15; 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;
Regolution No. 9g05 Page
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 "Almaden Avenue 96-~~", 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.
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 May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 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.
k. That the proposed annexation is consistent with the City's General Plan.
Resolut;on ~o. 0~05 Page
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
mo
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
o
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
°
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
Members of the City Council
AYES:
Bumett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
resoluti/res9805.doc
APPROVED:
~*f6r, ~-ii~; of u~.uppe~no
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
ALMADEN AVE. 96 ~ 15
NOVEMBER 1996
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows;
A portion of Lots 102 and 108, 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 California, on April 1 l th, 1917 in Book "P" of
Maps, at Page 20, and more particularly described as follows:
Beginning at the point of intersection of the southerly line of Almaden Avenue ( 40 feet wide )
with the line dividing Lots 102 and 103 of the Subdivision hereinabove referred to, said point
being the northeast corner of that certain annexation to the City of Cupertino entitled" Almaden
Ave. 92-05 ", thence along the southerly line of Almaden Avenue East 50 feet, said line being the
southerly line of that certain annexation to the City of Cupertino entitled" Almaden 84-3 '.'.;
Thence South and parallel with the line dividing said Lots 102 and 103 and prolongation thereof
140.82 feet, said point being the northwest corner of that certait~ annexation to the City of
Cupertino entitled" San Fernando Ave. 88-07 ";
Thence West and parallel with the southerly line of Almaden Avenue, 50 feet;
Thence North and along the West line of Lots 102 and 108 of said Subdivision 140.82 feet to
the Point of Beginning.
Containing:
7,041 square feet, more or less.
0.16 acres, more or less
A. P.N.: 357- 15-027
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LE~ E I',I D
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