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CC Resolution No. 98-079RESOLUTION NO. 98-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "LOMITA AVENUE 97-16", APPROXIMATELY 0.3008 ACRE LOCATED ON THE SOUTH SIDE OF LOMITA AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE; HILL (APN 357-15-004) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.3008 acre on the south side of Lomita Avenue (APN 357-15-004) has been filed by property owner Sophie A. Hill; and WHEREAS, on March 2, 1998, the City Council adopted Resolution No. 98-062 initiating proceedings for annexation of the area designated "Lomita Avenue 97-16"; 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. 9g-079 Page That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Lomita Avenue 97-16", more particularly described in Exhibit "A"; That the following findings are made by the City Council of the City of Cupertino: That said territory is uninhabited and comprises approximately 0.132 acre. bo 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. 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. 9g-079 Page 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 35151 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. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of April, 1998, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Burnett, Dean, James, Statton, Chang None None None ATTEST: City Clerk J Ma}or, City of Cupertino EXHIBIT A ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA EN T I T LED: "LOMITA AVE _ 97--16" All that certain real property situated in the County of Santa Clara, State of California, being all of Section 83 and a portion of Lomita Avenue, as shown upon "MAP OF SUB- DIVISION 'A'-MONTA VISTA", filed in Book "P" of Maps at Page 20, Santa Clara County Records, described as follows: Beginning at the southeasterly corner of said Section, said point also being thhe southwesterly corner of that certain annexation to the City of Cupertino entitled "Lomita Ave. 97-07", said point also being the northwesterly corner .of that certain annexation to said City entitled "Almaden Ave. 95-06"$ Thence along the southerly line of said Section, West 100.15 feet to the southwesterly Corner thereof, said point also being the northeasterly corner of that certain annexation to said City entitled "Almaden 84-3"~ Thence along the westerly line of said Section and the northerly prolongation thereof, North 130.82 feet to a point on the northerly line of Lomita Avenue, 40 feet in width~ Thence along said northerly line, East 100.15 feet to the northwesterly corner of that certain annexation to said City entitled "Lomita Ave. 97-07"~ Thence along the easterly line of said Section and the northerly prolongation thereof, also being the westerly line of the hereinabove referred to "Lomita Ave. 97-07" annexation to said City, South 130.82 feet to the point of begin]ling. Containing 0.3008 of an acre, more or less. Date: Degember 8, 1997 APN: 357-15-004 Address of Site: 21870 Lomita Ave. ~IC!Ni'[Y NAP _No T -ro ~.::ALP_. EXHIBIT " L~'L ?RO P<~ 5 £ D .,4A/N£XA T'/OAI 7'HZ CITY OF CU?ER'TIA/O Ell 7-1 TL.£ D "LO MITA AVE. 9Yl6" A PH: 3 5"t'- 1,5- 004- pEc. 8.