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CC Resolution No. 99-153RESOLUTION NO. 99-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "ALMADEN AVENUE 99-05", PROPERTY LOCATED ON THE SOUTH SIDE OF ALMADEN AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE; APPROXIMATELY 0.2088 ACRE, MAC HALE (APN 357-15 -029) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Almaden Avenue 99-05" from property owners, Richard and Paula MacHale; and WHEREAS, the property, 0.2088+ acre on the south side Almaden Avenue between Byme Avenue and Orange Avenue (APN 357-15-029) 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 16, 1983, 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 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 "Almaden Avenue 99-05" and detachment from the Santa Clara County Lighting Service District at their regular meeting of July 6, 1999. Rcso|ut~on ~o. 99-1 ~ [~g~ 2 PASSED AND ADOPTED at a regular meeting o£the City Council of the City of Cupertino this 7th day of June, 1999, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bumett, Chang, James, Statt0n, Dean None None None ATTEST: City Clerk APPROVED: EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED: "ALMADEN AVE. 99-05" All that certain real property situated in the County of Santa Clara, State of California, being a portion of Section/Lot 101 as shown upon that certain Map entitled "MAP OF SUBDIVISION 'A'- MONTA VISTA", which map was filed in Book "p" of Maps at Page 20, Santa Clara County Records, more particularly described as follows: Beginning at the Southwesterly corner of said Section/Lot 101, said point also bein§ the Northwesterly corner of that certain annexation to the City of Cupertino entitled "San Fernando Ave. 92-02"; Thence along the Westerly line of said Section/Lot, North 90.82 feet to a point on the southerly line of Almaden Avenue, 40 feet wide, said point also being a point on the Southerly line of that certain annexation of said City entitled "Almaden 84-3"; Thence along said Southerly line of said Avenue and the Southerly line of said "Almaden 84-3" annexation, East 100.15 feet to the intersection thereof with the Easterly line of said Section/Lot 1017 Thence leaving said Southerly~of said Avenue and the Southerly line of said annexation, South 90.82 feet to the Southeasterly corner of said Section/Lotr Thence along the Southerly line thereof, West 50.15 feet to the Northeasterly corner of the hereinabove referred to "San Fernando Ave. 92-02" annexation; Thence continue along the Southerly line of said Section/ Lot and the Northerly line of said "San Fernando Ave. 92-02" annexation, West 50.00 feet to the point of beginning. Containing 0.2088 of an acre, more or less. Date: April 5, 1999. Revised: May 7, 1999 APN: 357-15-029 Address: 21870 Almaden Ave., Cupertino Prepared by: E.J. Hahamian, RCE '1 ~'¥~o-'- ! ~o.,~ PaOPOSap AN NEXAT~OM THE CITV OF CUPERTINO 'ALMADEN AVE. - 1DoLore~ Ap/q: 35-r- ~- o~- 9