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CC Resolution No. 9845RESOLUTION NO. 9845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE AVENUE 97-05", APPROXIMATELY 0.140 ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN GRANADA AVENUE AND HERMOSA AVENUE; LO (APN 357-16-096) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.140 acre on the west side of Dolores Avenue (APN 357-16-096) has been filed by property owner Shui-Lain Lo; and WHEREAS, on April 7, 1997, the City Council adopted resolution No. 9820 initiating proceedings for annexation of the area designated "Orange Avenue 97-05; 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 "Orange Avenue 97-05", more particularly described in Exhibit "A"; Resolution Page That the following findings are made by the City Council of the City of Cupertino: That said territory is uninhabited and comprises approximately 0.140 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. do The City Council on May 21, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino R1-7.5 zone. eo 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. mo That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. I~esolufion ~lo. Og~ Page 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 19th May, 1997, by the following vote: Vote AYES: NOES: ABSENT: Members of the City Council Bumett, Change, Dean, Sorensen, Bautista None None ABSTAIN: None ATT.~.,ST: ,,, Clerk Resoluti/res9845.doc APPROVED: -. · .~ /or; City of (~t~p-ertino EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "ORANGE 97-05" Ail that certain proper~y situated in the County of Santa Clara, State of California, Deing the southerly 58.00 feet, front and rear measurement~and the westerly 105.15 feet of Section 59, as shown upon "MAP OF SUBDIVISION "A" OF MONTA VISTA", which Map was filed for record in the Office of the Recorder of said County on April 11, 1917 in Book (Volume) "P" of Maps at Page 20, more par- ticularly described as follows: Beginning at the intersection of the southerly line of said Section 59 with the westerly line of that certain parcel of land annexed to the City of Cupertino on October 18, 1971 by Resolution No. 3137, entitled "HERMOSA 71-12"; Thence along said southerly line of said Section, West 105.15 feet to the southwest corner thereof; Thence along the westerly line of said Section, North 58.00 feet to a point which is distant South 42.12 feet from the northwest corner of said Section; Thence parallel with the northerly line of said Section, East 105.1.5 feet with the westerly line of the above referred to "HERMOSA 71-12" Annexation, being the original westerly line of Orange Avenue: Thence along said last-named line, South 58.00 feet to the point of beginning; Containing 6098.7 square feet or 0.1400 of an acre, more or less. APN 357-16-096 Date: February 26, 1997 G~ANADA AVE_. cro~ -Ha'~c. Jn~3: area Propo~,ed $i'eVe~ s C(e~_ I<. ~i V. VICINI- Lo MAP NOT TO SCALE EXHIBIT "~" PROPOSED AMNEXATI ON TO T~E EIA'[ VTLED"" DATE: FED. 2~, CiTY 0P CUPERTINO, CA.