CC Resolution No. 99-141RESOLUTION NO. 99-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMiNATIONS AND APPROViNG THE REORGANIZATION OF
TERRITORY DESIGNATED "PASADENA AVENUE 99-01", APPROXIMATELY
0.298 ACRE LOCATED ON THE WEST SIDE OF PASADENA AVENUE
BETWEEN GRANADA AVENUE AND LOMITA AVENUE; DE AMICIS AND
ADAMO (APN 357-17-047)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.298 acre on the west side of
Pasadena Avenue (APN 357-17-047) has been filed by property owners Edith M.
DeAmicis and Doris Adamo; and
WHEREAS, on April 19, 1999, the City Council adopted Resolution No. 99-107
initiating proceedings for annexation of the area designated "Pasadena Avenue 99-01";
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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Pasadena Avenue 99-01", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.298
acre.
Resolution No. 99-141 Page 2
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 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino PR4.4-12 zone.
Annexation to the City of Cupertino wilt affect no changes in special
dis~cts.
That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
That the annexation is made subject to no terms and conditions.
That the County Surveyor has determined the boundar/es 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.
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.
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government 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.
Resolution No. 99-141 Page
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the temtory 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 17th day of May, 1999, by the following vote:
Vote
AYE S:
NOES:
ABSENT:
ABSTA1N:
Member__s o__f th__~e City Council
Bumett, Chang, James, Statton, Dean
None
None
None
ATTEST:
City Clerk
Mayor, City o]Cup[~in~)-
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
PASADENA AVE. 99-01
JANUARY 1999
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at Southeasterly corner of Lot M, at the point of intersection of the Westerly right of
way line of Pasadena Avenue with the Northerly right of way line of Lomita Avenue, as said
lot and Avenues are shown on that certain Map of the"Resubdivision of the Subdivision No. 1,
Town of Monta Vista," which map was filed for record in Vol. P of Maps at Page 24, Records
of Santa Clara County, said point being the Northwest corner of that certain annexation to the
City of Cupertino entitled "CUVA 72-4", and the Northwestern corner of that certain
annexation to the city of Cupertino entitled Orange Ave. 90-02, and the Southwestern corner of
that certain annexation to the City of Cupertino entitled Pasadena 70-02;
Thence North 89 Degrees 56 Minutes West, 130.00 feet, and North 100.00 feet along said
annexation entitled" Orange Ave. 90-02" to the Northwesterly corner of Lot L as shown on
said Resubdivision of the Subdivision No. 1, Town of Monta Vista";
Thence South 89 Degrees 56 Minutes East, 130.00 feet to the Northeastern corner of Lot M
and the westerly right of way line of Pasadena Avenue and the westerly boundary of said
annexation entitled "Pasadena 70-2";
Thence along the westerly boundary of annexation entitled "Pasadena 70-2", South 100.00 feet
to the Point of Beginning of this description.
Containing 13,000 square feet (0.298 acres).
A.P.N. 357-17-47
Revised 3/22/99
No. 4953
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EXHIBIT B
PROPOSED ANNEXATION TO
THE CITY OF CUPERTINO
ENTITLED "PASADENA AVE. 99-01"
DATE: JANUARY 26, 1999 SCALE: 1" = 100'
BY: HARRY BABICKA, L.S. 4953
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