CC Resolution No. 9907RESOLUTION NO. 9907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "LOMITA
AVENUE 97-07", APPROXIMATELY 0.456 ACRE LOCATED ON
THE NORTH SIDE OF DOLORES AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; COLE (APN 357-14-027)
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
Lomita 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 "Lomita 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 Governmem 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 heating; and
WHEREAS, evidence was presemed to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9907 Page
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Lomita Avenue 96-0Y', more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
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That said territory is uninhabited and comprises approximately 0.456
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.
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The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino R1-7.5 zone.
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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.
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.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
Resolution No. 9907 Page
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That the territory to be annexed is contiguous to existing City limits under
provisions of the Oovernmem Code.
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 21 st day of July, 1997 by the following vote:
Vote
AYES:
NOES:
Members of the City Council
Bumett, Chang, Dean, Sorensen, Bautista
None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
j/or[~1ty of Cupertino
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED
"LOMITA AVE. 97-07"
Ail that certain real property situated within unincorporated
area of the County of Santa Clara, State of California, being
all of Section 82 and a portion of Lomita Avenue as shown on ~
"MAP OF SUBDIVISION "A" - MONTA VISTA", filed in Book P of Maps
at Page 20, Santa Clara County Records, described as follows:
Beginning at the southeast corner of saJ. d Section 82, also
being the northwest corner of that certain annexation to the
City of Cupertino entitled "ALMADEN 80-13"
Thence along the south line of said Section, West 50.075 feet
to the northeast corner of that certain annexation to said City
entitled "ALMADEN'AVE. 95-06".
Thence continue along said line, also being the north line of
said annexation, West 50.075 feet to the southwest corner of
said Section, also being the northwest corner of said annexation.
Thence along the west line of said Section, North 90.8.2 feet to
the northwest corner 'thereof on the south line of Lomita Avenue,
40 feet wide.
Thence along the north prolongation of '~he west line of said
Section, North 40~00 feet to the north line of said Lomita
Avenue. ,
Thence along said north line, East 250.45 feet to the north-
west corner of that certain annexation to said City enr~'t']ed
"LOMITA AVE. 90-7"
Thence along the west line of said annexation, South 40.00
feet to the south line of Lomita Avenue.
Thence along said line, West 150.30 feet to the northeast
corner of said Section 82.
Thence along the east line of said Section, South 90.82 feet~to
the point of beginninG.
Containing 0.439 of an acre, or 19,113.6 square fee~, more or less.
Date: April 5, 1997
APN 357-15-005
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50. o7~ 5ao7~
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o LOMITA
l~Imd~ OliVe -97-07"
VICI N ITY MAP APM 55F-15-OO~
~OT TO 5dALE ~ALE: I"=~O' A~IL~ 1997