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CC Resolution No. 9969RESOLUTION NO. 9969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ALCAZAR AVENUE 97-10", APPROXIMATELY 0.183 ACRE LOCATED ON THE SOUTH SIDE OF ALCAZAR AVENUE BETWEEN ORANGE AVENUE AND IMPERIAL AVENUE; KANG (KC&J INVESTMENT, LLC) (APN 357-19-013) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.183 acre on the south side of Alcazar Avenue (APN 357-19-013) has been filed by property owners Martha Kang (KC&J Investment, LLC); and WHEREAS, on September 15, the City Council adopted Resolution No. 9956 initiating proceedings for annexation of the area designated "Alcazar Avenue 97-10; 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: Resolution No. 9969 Page o That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Alcazar Avenue 97-10", 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 0.183 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. Co 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 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. Resolution No. 9969 Page 3 o mo 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 3 5151 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 6th day of October, 1997, by the following vote: Vote AYE S: NOES: Members of the City_ Council Bumett, Chang, Dean, Sorensen, Bautista None ABSENT: None ABSTAIN: None ATTEST: APPJ~.OVED: q~Iayor, City of Cupertino Resolut~res9969.doc EXHIBIT "A" PROPOSED ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED: ALCAZAR AVE. 97-10 Ail that certain real property situated in the County of Santa Clara, Stake of California, being all of Lot 19 of Tract No. 300, MAP OF NOONAN SUBDIVISION - UNIT No. 2, which map was filed on May 6, 194.6 in Book 10 of Maps at Page 16, in the Office of the Recorder of said County, more particularly described as follows: Beginning at the northwesterly corner of said Lot on the Southerly line of Alcazar Avenue, 50 feet wide, said point being distant S89°58'E 260.24 feet from the southwesterly corner of the "Alcazar Ave. 86-01" annexation to the City of Cupertino, California; Thence along the northerly line of said Lot also being the southerly line of said Avenue and the southerly line of said annexation, S89°58'E 60.00 feet to the northeasterly corner of said Lot; Thence along the easterly line of said Lot, South 132.46 feet to the southeasterly corner thereof, to a point on a northerly line of the "McClellan No. lA" annexation to said City; Thence along the southerly line of said Lot and said northerly line of said annexation, S89°51'W 42.00 feet to the northeasterly corner of the "Noonan 73-8" annexation to said City; Thence continue along the southerly line of said Lot and along the northerly line of said Noonan annexation, N89°58'W 18.00 feet to the southwesterly corner of said Lot; Thence leaving said Noonan annexation and along the westerly line of said Lot, North 132.59 feet to the point of beginning. Containing 0.183 of an acre, more or less. APN 357-19-013 Date: June 10, 1997 Revised: August 22, 1997 Prepared by: E.J. Hahamian, RCE IT'-( MAP 'TO ~CALF. VIc~N E X At IZ~ I T '"~ " P~OPOSEP ANNEXATION TO TIlE CITY OF CUPERTINO ENTITLED~ "A L C A ZA £ A V£. 97-10 APkl ,.~.57-19- O! 3 .... I .C~::~E. I"- 50 Q-UNF_.. i0, 199..7' Rev'ct: A..i. zz, ~097