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CC Resolution No. 7193 RESOIIJI'ION NO. 7193 A RESOIIJI'ION OF THE CITY CXJONCIL OF THE CITY OF aJPERI'INO MAKING DEI'ERMINATIONS AND APPROVING THE ANNEXATION OF TERRI'IORY DESIGNATED AS "ORANGE AVENUE 87-02;" .29± ACRES GENERALLY IDCATED ON THE WEST SIDE OF ORANGE AVENUE BErnEEN IœITA AVENUE AND AIMADEN AVENUE (APN 357-15-14) WHEREAS, a petition for the armexation of certain territo:ry to the City of Cupertino in the County of santa Clara consisting of .29± acres on the west side of Oran;¡'e AVernle between Lomita Avenue an:l Almaden AVernle (APN 357-15-14) has been filed with the City of Cupertino; an:l WHEREAS, on May 4, 1987 the city Council adopted Resolution No. 7158 initiating proceedings for armexation of the area designated "Oran;¡'e Avenue 87-02;" an:l WHEREAS, said territo:ry is uninhabited an:l all owners of lan:l included in the proposal consent to this armexation; an:l WHEREAS, Section 35150.5 of the California Government Code states that the IDeal Agency Formation Commission shall not have any authority to review an armexation to any City in santa Clara County of unin=rporated territo:ry which is within the urtJan service area of the city of the annexation if initiated by resolution of the legislative body an:l therefore the City council of the City of Cupertino is now the =nducting authority for said armexation; an:l WHEREAS, Government Code Section 56837 provides that if a petition for armexation is signed by all owners of lan:l within the affected territo:ry the City Council may approve or disapprove the annexation without public hearing; an:l WHEREAS, evidence was presented to the city Council; NOO, THEREFORE, BE IT RESOLVED by the city Council of the City of Cupertino as follows: 1. '!hat it is the =n:iucting authority pursuant to section 35150.5 of the Government Code for the annexation of property designated "Oran;¡'e Avenue 87-02," more particularly described in Exhibit "A"; -1- RESOIlJI'ION NO. 7193 2. '!hat the following firxlin;Js are made by the City Council of the City of CUpertino: a. '!hat said territo:ry is uninhabited and COII'prises .29± acres. '!hat the annexation is consistent with the orderly annexation of territo:ry with the City's w::ban service area and is consistent with the City policy annexing when providing city services. The City Council has COII'pleted an initial study and has found that the annexation of said territo:ry has no significant iltpact on the enviromnent, and previously approve1 the granting of a Negative Declaration. The City Council on JUne 4, 1984 enacted an ordinance prezoning the subject territo:ry to city of CUpertino Rl-6 zone. Annexation to the City of CUpertino will affect no changes in special districts. '!hat the territo:ry is within the City w::ban service area as adopted by the IDeal Agency Formation Ccmnnission. '!hat the annexation is made subject to no terms and corxlitions. '!hat the County SUrveyor has determi.ne1 the boundaries of the proposed annexation to be definite and certain, and in COII'pliance with the Ccmnnission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County SUrveyor in making this deteDnination. '!hat the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. '!hat the Pl~ annexation does not split line of assessment of ownership. b. c. . d. e. f. g. h. 1. j. k. '!hat the proposed annexation is consistent with the City's General Plan. 1. '!hat the city has COII'plie1 with all corxiitions :ilnposed by the c::amnission for inclusion of the territo:ry in the City's urban service area. -2- :RF.'3OIIJTION NO. 7193 m. That the territory to be armexed is contiguous to existing City l:ilnits urxier provisions of the Govenme.nt Code. 3. That said annexation is heJ:by ordered without election pursuant to Section 35151 et seq. of the Govemment Code. 4. 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 AOOPI'ED at a regular meeting of the City Council of the City of CUpertino this 1st day of JUne, 1987 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers NOES: None ABSENT: Sparks ABSTAIN: None A'ITESl' : APPROVED: Isl Dorothv cornelius city Clerk Isl John Gatto Mayor Pro-TeIIpore, City of CUpertino -3- - ..., , ,/ ORANGE AVENUE 87-02 (CONRAD/VASSALLO) All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southwest corner of Section 96 as shown on that certain map entitled "MAP OF SUBDIVISION "A" MONTA VISTA", which map was filed for record in the office of the Recorder of Santa Clara County on April 11, 1917 in Book P of Maps, Page 20; said corner being along the boundary of that certain annexation to the City of Cupertino entitled "ALMADEN 80-13"; Thence NORTH, 118.30 feet along said annexation "ALMADEN 80-13" to the northwest corner of said Section 96; Thence EAST, 105.15 feet to the northeast corner of said Section 96; Thence SOUTH, 118.30 feet along the easterly boundary of said Section 96 and its southerly prolongation; a portion of said southerly prolongation being along said "ALMADEN 80-13". Thence WEST, 105.15 feet a10Dg said annexation boundary to the Point of Beginning. Containing: 0.29 Acres more or less. APN: 357-15-14 . ,... " <71' tvt: N~ ~: \"<>\&10' -S11 e:- . . 'LOMITA AVE. M"'~ 'f'-Ç, --.. . w of' .....¡\~1.;.. ~ 01'-<7 0()~X.Þ. , "~. ~ &l hJ~P' t<? ~. '¡- , / \ \ / I ~A?1' ' \( I o?F'.>. C,; ~ - - - - ~ - - - .x i .,i¿'1'''~;; I ~I~" 'I~"~ 6 I ~ == O{' At-. = I{I I ""Z ~P ? F'.>~-~~--- )- . I ALMADEN,. AVE.' ,~?í . OLIVE AVE." ~ "AL-MA'Dt-N 80'1,?" w C) z < ci:: o L..âA í\otJ HAP ~t..-e-: 1'1... 1.o&>O A?,....\ : :?¡:?1' Ie:.. ~ 14- ~~¡::;o ,ÀNNF)(À1'\t'N 1"0 1'1'\~ t'-\1i' of' c::-t.>p¡::;.;æ:.j INO ~ '1"L..e;;- ? lIðRA,...\e¡1::; AVf:'. ß1-ozu ' (.::.,?¡.J'FAt7 /v~u..o) "_~"'I !.r':!:."'!"'!