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CC Resolution No. 98-024RESOLUTION NO. 98-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "ORANGE AVENUE 97-13", PROPERTY LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN SAN FERNANDO AVENUE AND ALMADEN AVENUE; APPROXIMATELY 0.115 ACRE, CHOU (APN 357-15-036 WHEREAS, the City Cotmcil of the City of Cupertino has received a request for annexation of territory designated "Orange Avenue 97-13" from property owners Jin Feng Chou and Lillian Chou; and WHEREAS, the property, 0.115+ acres on the west side of Orange Avenue between San Femando Avenue and Almaden Avenue (APN 357-15-036) 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 Govemmem 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. 98-024 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 "Orange Avenue 97-13" and detachment from the Santa Clara County Lighting Service District at their regular meeting of February 2, 1998. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of January, 1998 by the following vote: Vote Members of the City Council AYES: Bumett, Dean, James, Statton, Chang NOES:' None ABSENT: None ABSTAIN: None ATTEST: City Clerk J - /~ROVED: Mayor, City of Cupertino g:cityclerk/roberta/resoluti/res98-024.rtf 2 EXHIBIT A For Annexation ORANGE AVE. 97-13 All of that certain property situate in Santa Clara County, California described as follows: BEGINNING at the northeasterly comer of Section 113 as shown on the Map entitled "Map of Subdivision 'A' Monta Vista," as recorded in Book P of Maps at page 20 Santa Clara County Records; thence along the easterly line of said Section 113 South 50.00 feet, said line also being a line of existing annexation entitled 'San Femando Avenue 81-04,' to a point of intersection with the northerly line of existing annexation entitled 'Orange Avenue 94-07;' thence West 100.15 feet along said line of existing annexation 'Orange Avenue 94-07,' to a point on the westerly line of Section 113, said line also being a line of existing annexation 'San Femando 81-04;' thence North 50.00 feet along said westerly line to the northwesterly comer of Section 113, said comer also being a comer of existing annexation 'Femando Avenue 81-04;' thence East 100.15 feet along the northerly line of Section 113 to the point of BEGINNING. Containing 0.115 acre more or less and consisting of a portion of Section 113, as shown on the above-mentioned Map. J 1' -- 60' I EXISTING ANNEXATION 'SAN FERNANDO AVENUE EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED ORANGE AVE. 97-1.3 ALMADEN AVENUE t 20°-- EXISTING ANNEXATION 'ORANGE AVENUE SECTION 97 POINT OF BEGINNING 'v +, + I- + + + + +, + ;ECTiON + .+ 20~97 VICINITY MAP NOT TO SCAI~ LOMITA ALMADEN SAN FERNANDO ALCAZAR b..I Z SI TI EXISTING ANNEXATION 'ORANGE AVENUE 95-02' AP/V: DeC. 1.5/ LEGEND -CUPERTINO 'CITY UMITS PROPOSED ANNEXATION UMITS EXISTING ANNEXATION 'SAN FERNANDO AVENUE 81-04' EXISTING ANNEXATION 'ORANGE AVENUE 94-07' EXISTING ANNEXATION 'ORANGE AVENUE 95-02' PROPOSED ANNEXATION 'ORANGE AVENUE 97-1,¥ REV. OCTOBER 20, 1997