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CC Resolution No. 00-176RESOLUTION NO. 00-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "SAN FERNANDO AVENUE 00-05", APPROXIMATELY 0.456 ACRE LOCATED ON THE NORTH SIDE OF SAN FERNANDO AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE; WANG AND YEN (APN 357-15-048) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.456+ acre on the north side of San Femando Avenue (APN 357-14-048) has been filed by property owner Tai-Tsong Wang and Pan-Ling Sophia Yen; and WHEREAS, on May 15, 2000, the City Council adopted Resolution No. 00-146 initiating proceedings for annexation of the area designated "N. San Femando Avenue 00-05"; 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: That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "San Femando Avenue 00-05% more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of _ Cupertino: Resolution No. 00-I 76 Page That said territory is uninhabited and comprises approximately 0.456 acre. 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 16, 1983, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-8 zone. 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. 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. 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. 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. Resolution N~o. 004 56 Page 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 19~ day of June, 2000, by the following vote: Vote AYE S: NOES: ABSENT: ABSTAIN: Members_ of the City Council Bumett, Chang, James, Lowenthal, Statton None None None ATTEST: Ci~ ~'~-~ ~Qlayor, City of Cupertino EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ENT I TLED: SAN FERNANDO AVE. 00-05 (TAI-TSONG WONG) Ail that certain real property situated in the County of Santa Clara, State of California, beinG a portion of Section 107 of "Map of Subdivision 'A' Monta Vista" which map was filed for record on April 11, 1917 in Book "P" of Maps at page 20, Santa Clara County Records, more particularly described as follows: BeGinninG at the Northeasterly corner of said Section said point beinG the Southeasterly corner of that certain annexation to the City of Cupertino entitled "Almaden Ave. 92-05", and also beinG a point on the W~sterly line of that certain annexation to said City entitled "Almaden Ave. 96-15"; Thence along the Easterly line of said Section and the Westerly line of said "Almaden 96-15" annexation, South 50.00 feet; thence leavinG said Westerly line of said "Almaden 96-15" annexation and continuinG alonG said Easterly line of said Section, South 148.42 feet to a point on the Northerly line of San Fernando Avenue, 40 feet in width, said point also beinG on the Northerly boundary of that certain annexation to said City entitled "San Fernando Ave. 88-07"; Thence alonG said last named lines, West 100.15 feet to the Westerly line of said Section; Thence alonG said Westerly line, North 198.42 feet to the North- westerly corner thereof; Thence alonG the Northerly line of said Section, East 50.15 feet to the Southwesterly corner of the above referred to "Almaden Ave. 92-05" annexation; thence continuinG alonG said Northerly line of said Section and said southerly line of said "Almaden 92- 05" annexation, East 50.00 feet to the point of beginninG. APN: 357-15-47 & -48 2000 C. Address: 21909 San Fernando Avenue., Cupertino, I zPt- o ¢' b~qin. "p" h,'l,AP5 20 0.45 ~ AVE. ", 5c~n F~'cr~ndo AVe. 5AM FE~.kJ AMDO · ~- -AlrnczcJen 96-1~ N 51TE San Ferna,do Alcazar 1)olore~ LOCATION kAAP ~. T. ~. F_.. X lr-t I B, I T "5' PRO P05ED ANHEXATtON TO THE CITY OF CU?ERTIMO E N~'~ TLEP ~AN FERNANDO AVE.00-OS sC;ALE: I" = 50'