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CC Resolution No.10004RESOLUTION NO. 10004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "DOLORES AVENUE 97-04", PROPERTY LOCATED ON THE NORTH SIDE OF DOLORES AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE; APPROXIMATELY 0.912 ACRE, CROSSWHITE (APNS 357-14-025 & -026). WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Dolores Avenue 97-04" from property owners, Carl P. Crosswhite and Esther L. Crosswhite; and WHEREAS, the property, 0.912+ acre on the north side of Dolores Avenue between Orange Avenue and Byme Avenue (APNs 357-14-025 & -026) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to City of Cupertino R1-7.5 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; and Resolution No. 10004 Page 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; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Dolores Avenue 97-04" at their regular meeting of December 1, 1997. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November, 1997 by the following vote: Vote Members of the City_ Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: D~rk APPROVED: Cupertino resoluti/res 10004.doc 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: BEGINNINGAT 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 POINTOF BEGINNINGALONG THE EASTERLY LINE OF SAID PARCEL 1 44 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 BEGINNING. CONTAINING: 39,743.5 SQUARE FEET, MORE OR LESS. 0.912 ACRES, MORE OR LESS. A.P.N.: 357-14-025&26 200.30 FEET TO THE POINT OF No. 22023 oZI P,-,',' } ~0o- ~