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CC Resolution No. 00-248RESOLUTION NO. 00-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "ORANGE AVENUE 00-10", PROPERTY LOCATED ON THE EAST SIDE OF ORANGE AVENUE BETWEEN ALCAZAR AVENUE AND NOONAN COURT; APPROXIMATELY 0.22 ACRE, MA AND PENG (APN 357-19-005) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Orange Avenue 00-10" from property owners, Zhijian Ma and Suyi Peng; and WHEREAS, the property, 0.22+ acre on the east side of Orange Avenue between Alcazar Avenue and Noonan Court (APN 357-19-005) 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 Pre R1-8 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 l~esolut~on No. 00-~4~ Page ~ "Orange Avenue 00-10" and detachment from the Santa Clara County Lighting Service District at their regular meeting of November 6, 2000. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of October, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bumett, Chang, James, Lowenthal, Statton None None None cA~EST: / l~'ep't~ty-City Clerk-- Ma~yor,~APPROVEfl~~ 2 Annexation Orange Avenue 00-10 Exhibit "A" Resolution No. All that certain real property situate in the unincorporated area, County of Santa Clara, State of California, described as follows: Portion of Lot 24, as shown upon that certain Map entitled, "Tract No. 300, Map of the Noonan Subdivision Unit No. 2", which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on May 6, 1946 in Book 10 of Maps, Page 16, and a portion of the Southwest 1/4 of Section 14, Township 7 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly described as follows: Beginning at a point on the Easterly line of Orange Avenue, distant thereon South 75.00 feet from the northerly line of Lot 24, as said Avenue and Lot are shown on the Map above referenced to; running thence South 89° 58' East and parallel with the northerly line of said Lot 24 and along the southerly boundary line of that certain annexation to the City of Cupertino' entitled Orange Avenue 89-06, for a distance of 130 feet to a point in the westerly line of that certain annexation to the City of Cupertino entitled Noonan 73-8; nmning thence South and parallel with the Easterly line of Orange Avenue and along the westerly boundary line of those certa!n annexations to the City of Cupertino entitled Noonan 73-8 and McClellan l-A, 75.00 feet; runmng thence North 89° 58' West and parallel with the northerly line of said Lot 24 and along the boundary line of that certain annexation to the City of Cupertino entitled McClellan l-A, a distance of 130.00 feet to the Easterly line of Orange Avenue and the southeasterly boundary comer of that certain annexation to the City of Cupertino entitled Alcazar Avenue 80-49 and the northeasterly boundary comer of that certain annexation to the City of Cupertino entitled Fuchs 76-4; ranning thence North along said Easterly line and easterly boundary line of said Alcazar Avenue 8049, 75.00 feet to the point of beginning. Also and further described as the land in the unincorporated area of the County of Santa Clara that is completely surrounded by the annexations to the City of Cupertino entitled McClellan l- A, Noonan 73-8, Fuehs 76-4, Alcazar 80-49 and Orange Avenue 89-06. Containing 0.22 acres, more or less APN 357-19-005 & 357-19-006 4 x, P'IC ~LELL~iV' ,qt.)AD ~i~o ?o~ E~ ~OI~ANfJE AvE, DO-lO"