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CC Resolution No. 00-205RESOLUTION - 00-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMiNATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "GRENOLA DRIVE 00-02", APPROXIMATELY 0.215 ACRE LOCATED ON THE NORTH SIDE OF GRENOLA DRIVE BETWEEN FLORA VISTA AVENUE AND ANN ARBOR DRIVE; LI©U AND CHEN (APN 326-28-009) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.215_+ acre on the north side of Granola Drive (APN 326-28-009) has been filed by property owners Ker-Chung Liou and Lih- Yn Chen; and WHEREAS, on June 19, 2000, the City Council adopted Resolution No. 00-182 initiating proceedings for annexation of the area designated "Grenola Drive 00-02"; 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 ifa 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 "Upland Way 00-03", more particularly described in Exhibit "A,"' 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.215 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. Resolution 00-205 Page 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. d. The City Council on June 5, 2000, enacted an ordinance prezoning the subject territory to City of Cupertino Pre RI-10 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. 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. h. 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. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. 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. 1. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. m. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. 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. Resolution 00-205 Page PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17t~ day of July, 2000, by the following vote: Vote Members of the City Council AYES: Bumett, Chang, Lowenthal, James NOES: None ABSENT: Statton ABSTAIN: None ATTEST: APPROVED: Vic~:Mh33or,'City t~f/L:~upertino "I VICII, II'Tg' I~4AP I~OT To St-ALE E'XHIB IT "I~" PROPOSED ANNE'/,ATIO M. TO THE C.I'P(OF CUPERTINO ENTITLED: EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ENTITLED: GRENOLA DRIVE 00-02 Ail that certain real property situated in the County of Santa Clara, State of California, being all of Lot 87 in Tract No. 682, GARDEN GATE VILLAGE UNIT No. 2, a map of which was filed for record on February 20, 1950 in Book 26 of Maps at page(s) 24 and 25, said lot being more particularly described as follows: Beginning at the Northwesterly corner of said Lot on the Southerly line of that certain annexation to the City of Cupertino, California, entitled "STELLING PARK 65-6"; Thence along said Northerly line of said Lot also being the southerly line of said annexation S89o57.40.E 65.71 feet to an angle point on the Northerly line of said Lot; Thence along the Easterly line of said annexation of said City N00°03'55"W 0.70 feet to an angle point on the Northerly line of said Lot; Thence leaving said Easterly line of said annexation S89o54.E 9.29 feet to the most Northeasterly corner of said Lot; Thence along the Easterly line thereof, South 125.53 feet to the Southeasterly corner of said Lot on the Northerly line of Grenola Drive, 60 feet in width; Thence along said Northerly line of said Grenola Drive, West 75.00 feet to the Southwesterly corner of said Lot; Thence along the Westerly line thereof, North 124.89 feet to the point of beignning. Containing 0.215 of an acre, more or less. Date: February 25, 2000 APN: 326-28-009 Site Address: 21,095 Grenola Drive, Revised: March 23, 2000 Cupertino, CA