CC Resolution No.10013RESOLUTION NO. 10013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED
"DOLORES AVENUE 97-04", APPROXIMATELY 0.912 ACRE
LOCATED ON THE NORTH SIDE OF DOLORES AVENUE
BETWEEN ORANGE AVENUE AND BYRNE AVENUE;
CROSSWHITE (APN NOS. 357-14-025 &-026)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.912 acre on the north side of
Dolores Avenue (APNs 357-14-025 & -026) has been filed by property owners Esther L.
Crosswhite and Carl P. Crosswhite; and
WHEREAS, on November 3, 1997, the City Council adopted Resolution No.
10004 initiating proceedings for annexation of the area designated "Dolores Avenue 97-
04; 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:
Rogolution No. 10013 Page
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Dolores Avenue 97-04", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
ao
That said territory is uninhabited and comprises approximately 0.912
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 Cotmcil 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.
jo
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.
Regolution No. 10013 Page
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.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 1 st day of December, 1997, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members o__f th._~e Ci_ty Council
ATTEST:
City Clerk
G:cityclekr/roberta/re'soluti/res 10013.rtf
APP OV~ED
Mayor, City o~ ~upertinb-" - I
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVE. 97-04
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OI
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PORTION OF PARCELS 143 AND 144 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF
SUBDIVISION 'A' MONTA VISTA", WHICHMAP WAS FILED FOR RECORD IN THE OFFICEOF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN
BOOK P OF MAPS, AT PAGE 20, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 144, AS SAID PARCEL IS SHOWN ON SAID
MAP ENTITLED"MAP OF SUBDIVISION 'A'OF MONTA VISTA" ABOVE DESCRIBED; SAID POINT OF
BEGINNINGLYING ON THE NORTHERLY LINE OF DOLORES AVENUE BEING ALSO A NORTHERLY
LINE OF THAT CERTAIN ANNEXATIONTO THE CITY OF CUPERTINO ENTITLED " DOLORES AVE.
88-13";
THENCE LEAVING SAID POINT OF BEGINNINGALONG THE EASTERLY LINE OF SAID PARCEL 144
AND ALONG THE WESTERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED" DOLORES AVE. 82-02", NORTH 198.42 FEET TO THE SOUTHERLY LINE OF PARCEL
134AS SHOWN ON SAID "MAP OF SUBDIVISION 'A'OF MONTA VISTA" ABOVE DESCRIBED;
THENCEALONG SAID SOUTHERLY LINE OF PARCEL 134 AND PARCEL 135 WEST200.30 FEETTO
THE EASTERLY LINE OF PARCEL 142 OF SAID"MAP OF SUBDIVISION'A' OF MONTA VISTA" BEING
ALSO THE EASTERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "DOLORES AVE. 96-03";
THENCE ALONG SAID ANNEXATION"DOLORES AVE. 96-03", SOUTH 198.42 FEETTO A POINTON
SAID NORTHERLY LINE 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 200.30 FEET TO THE POINT OF
BEGINNING. ~~"
CONTAINING: 39,743.5 SQUARE FEET, MORE OR LESS. / ~:.., '
0.912 ACRES, MORE OR LESS.
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