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CC Resolution No. 7823 RESOIlJI'ION NO. 7823 A RESOIlJI'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO MAKING ŒI'ERMINATIONS AND APProVING T.HE ANNEXATION OF TERRI'roRY DESIGNATED "ORANGE AVENUE 89-06", APPOOXIMATELY 0.224 ACRE LOCATED ON T.HE EAST SIDE OF ORANGE AVENUE BE'IWEEN AICAZAR AVENUE AND OOIDRES AVENUE, PARINEH (Am 357-19-008) WHEREAS, a petition for the annexation of certain territory to the City of CUpertino in the County of Santa Clara consisting of 0,224 acre on the east side of Orange Avenue between Alcazar Avenue am Dolores Avenue (Am 357-19-008) has been filed with the City of CUpertino; am WHEREAS, on May 15, 1989, the City Council adopted Resolution No. 7825 initiating proceedings for annexation of the area designated "Orange Avenue 89-06"; am WHEREAS, said territory is uninhabited am all owners of lam included in the proposal consent to this annexation; am WHEREAS, Section 35150.5 of the California Government Code states that the IDeal Agency FoDllation Camnission shall not have any authority to review an annexation to any City in Santa Clara County of uninco:rporated territory which is within the uman service area of the city of the annexation if initiated by resolution of the legislative body am therefore the City council of the City of CUpertino is now the conducting authority for said annexation; am WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of lam within the affected territory the city Council may approve or disapprove the annexation without public hearing; am WHEREAS, evidence was presented to the City Council; lm, ~UI(t;, BE: IT RESOLVED by the City Council of the City of CUpertino as follows: 1. That it is the COIXiuctin;J authority pursuant to section 35150.5 of the Government Code for the annexation of property designated "Orange Avenue 89-06," more particularly described in Exhibit "A"; -1- RESOIlJI'ION NO. 7823 2. '!hat the following findings are made by the City Council of the city of CUpertino: a. '!hat said territory is uninhabited an:1 canprises approximately 0.224 acres. b. '!hat the annexation is consistent with the oJ:derly annexation of territory with the city's uman service area an:1 is consistent with the City policy annexing when providing city services. c. '!he City Council has CO!!\Pleted an initial study an:1 has found that the annexation of said territory has no significant ÍI1pact an the envirornnent, an:1 previously approved the granting of a Negative Declaration. d. '!he City Council on J\me 4, 1984, enacted an orclinance prezoning the subject territory to City of CUpertino Rl-7.5 zone. e. Annexation to the City of CUpertino will affect no changes in special districts. f. '!hat the territory is within the City uman service area as adopted by the Ioca11\gency Formation Canunission. g. '!hat the annexation is made subject to no terms an:1 conditions. h. '!hat the County Sw:veyor has deteDnined the boundaries of the proposed annexation to be definite an:1 certain, an:1 in CO!!\Pliance with the Commission's road annexation policies. '!he City shall reimburse the County for actual costs incurred by the County Sw:veyor in making this deteDnination. i. '!hat the proposed annexation dces not create islan:ls or areas in which it would be difficult to provide municipal services. j . '!hat the proposed annexation dces not split line of assessment of ownership. k. '!hat the prv~ annexation is consistent with the city's General Plan. 1. '!hat the City has CO!!\Plied with all conditions iIrposed by the commission for inclusion of the territory in the City's uman service area. -2- RESOIlJI'ION NO. 7823 m. '!hat the territory to be annexed is contiguous to existing City limits under provisions of the Goverrnnent Code. 3. '!hat said annexation is herlJy ordered without election pursuant to Section 35151 et seq. of the Goverrnnent Code. 4. '!hat 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 AOOPI'ED at a regular meeting of the city Council of the City of CUpertino this 19th day of June , 1989, by the following vote: Vote Members of the Citv Council AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ~: None ATrEST: APPROVED: Is I Roberta A, Wolfe City Clerk (Deputy) Isl John J, Plungy, Jr, Mayor, city of CUpertino -3- ,. ORANGE AVE 8906 (PARINEH) All that certain real prqJerty situate in the County of Santa Clara, state of California, m::>re particularly described as follows: A portion of :tat 24 as shown on that certain Tract Map No. 300 entitled "Noonan SUbdivision unit 2",which was filed for recoxù on May 6,1946 in Book 10 of Maps, Page 16, in the Office of the Recorder, COunty of Santa Clara, State of California, m::>re particularly described as follows: BF.X;INNING at the northwest corner of said IDt 24, said corner being on the I:x:Am:1ary of that certain annexation to the City of CUpertino by Resolution No. 5601 entitled " Alcazar Avenue 80-49 "; ~ S 89·S8'E, 130.00 feet 'Ihenoe SCX1lH 75.00 feet, alonq the westerly boundary line of that certain annexation to the City of CUpertino by Resolution NO,3556 entitled "Noonan 73-8 "; 'Ihenoe N 89°SS'W, 130,00 feet, alon;¡- the southerly line of said :tat 24; 'Ihenoe NCRl'H 75,00 feet, alon;¡- a line being the easterly boundary line of said annexation "Alcazar Ave 80-49", to the romr OF BF.X;INNINGo c:ont:ainin;¡: 0,224 acres, m::>re or less or 9,750 square feet m::>re or less Am 357-19-008 89,288 " ¿~"i~ . 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