CC Resolution No. 9819RESOLUTION NO. 9819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "LOMITA AVENUE 96-14",
PROPERTY LOCATED ON THE SOUTH SIDE OF LOMITA
AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE;
APPROXIMATELY 0.116 ACRE, BAR-SHIR
(APN 357-15-010)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Lomita Avenue 96-14" from property
owners, Adam and Rachel Bar-Shir; and
WHEREAS, the property, 0.116+ acre on the south side of Lomita Avenue between
Orange Avenue and Byme Avenue (APN 357-15-010) is contiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to
City of Cupertino R1-75 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance with
LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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;
Resolution No. 9819
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Lomita Avenue 96-14" at their regular meeting of May 5, 1997.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of April, 1997 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members o_fthe City_ Council
Bumett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
resoluti/lomita, doc
APPROVED:
LOMITA AVENUE 96-14
(BAR-SHIR)
"EXHIBIT A"
All that certain real property situate in the, County of Santa Clara, State of California,
more particularly described as follows:
Beginning at a point in the center line of Lomita Avenue, 40 feet wide that is distant
thereon, West 55.15 feet from the point of intersection of the center line of Lomita
Avenue with the west line of Orange Avenue as the same are 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 11,
1917 in Book P of Maps at page 20; thence West and along the center line of Lomita
Avenue 50.00 feet to the line dividing Sections 79 and 80 of said Subdivision; thence
along said dividing line South 20.00 feet to the TRUE POINT OF BEGINNING being an
angle point on the southerly line of Lomita Avenue of that certain annexation to the City
of Cupertino entitled "Lomita Avenue 90-7"; thence along the easterly line of said
annexation "Lomita Avenue 90-7" and that certain annexation to the City of Cupertino
entitled "Almaden 80-13" South 100.82 feet to a northwesterly comer of that certain
annexation to the City of Cupertino entitled "Orange Avenue 90-2"; thence along said
annexation "Orange Avenue 90-2" East 50.00 feet; thence North 100.82 feet to the
southerly line of Lomita Avenue and that certain annexation "Lomita Avenue 90-7";
thence along said annexation "Lomita Avenue 90-7" West 50.00 feet to the TRUE
POINT OF BEGINNING.
Said parcel of land containing 5,041 square feet, more or less.
A.P.N. 357-15-010
Prepared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/01
I' ~EGEND I'
PROPOSED ANNF'XATION
EXISTING ANNEXATION
FLEXISTING ANNEXATION"LOMITA 90-7"
OMITA AVENUE
WEST 50.00
SCALE: r' = 20'
EXISTING --
ANNEXATION
"ALMADEN 80-13"
55.15
HERMOSA AVE.
LOMITA AVE.
SITE
ALMADEN AVE.
LOCATION MAP
NOT TO SCALE
WEST. 50.00
A.P.N. 357-15-10
5,041 S.F.
O.II6*ac.
.,, /
----- EAST--'-- 50.00~
EXISTING ANNEXATION"ORANGE 90-2"
"EXHIBIT B"
20'
Z
bJ
Ld
Z
KIRI(EBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
PLAT TO ACCOMPANY DESCRIPTION
PROPOSED ANNEXATION TO THE CITY
OF CUPERTINO
"LOMITA AVENUE 96-14"
SCALE: I" = 20'
DATE: FEB. 1997
JOB NO. 97009