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CC Resolution No. 9003 RESOLUTION NO. 9003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "OLIVE AVENUE 93-02", APPROXIMATELY 0.15 ACRE LOCATED ON THE NORTH SIDE OF OLIVE AVENUE BETWEEN ORANGE A VENUE AND PASADENA A VENUE; BRICE (APN 357-18-028) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.15 acre on the north side of Olive Avenue (APN 357-18-028) has been filed by property owners James and JoAnn Brice; and WHEREAS, on December 6, 1993, the City Council adopted resolution No. 8988 initiating proceedings for annexation of the area designated "Olive Avenue 93-02; 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 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. 9003 I. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Olive Avenue 93-02", 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 0.15 acre. b. 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. c. 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 4, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino RI-7.5 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. 1. 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. 2 Resolution No. 9003 I. 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. 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of January, 1994 by the following vote: ~ Membersill~~Council A YES: Bautista, Burnett, Dean, Sorense, Koppel NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Isl Kim M.Smith City Clerk Isl Barbara Koppel Mayor, City of Cupertino 3 "EXHIBIT A" ANNEXATION 'lO THE CITY OF aJPERI'INO "Olive Ave. 93-02" All that certain real property situate in the County of Santa Clara, state of California, more particularly described as follows: Beginning at the northwest corner of Lot 2 as shown on "Record of SUrvey for W. Garcia", which map was filed for record in the Office of the Recorder of Santa Clara County in Book 136 of Maps, at page 8: '!hence from said Point of Beginning 589056'30"E, 66.67 feet to the northeast corner of said Lot 2; '!hence SOUIH, 97.70 feet to the southeast corner of said Lot 2; '!hence, N89056'30''W, 66.67 feet to the southwesterly corner of said Lot 2 and along the northerly boundary line of Olive Avenue and that certain annexation to the City of CUpertino entitled "Almaden Avenue 80-13"; '!hence NOR'lH, 97.70 feet to the Point of Beginning. Containing: 0.15 acres, more or less A.P.N.: 357-18-028 Date: Revision date: September 23, 1993 October 11, 1993 < z w '" < . w V)w > ALMADEN AVE <> "' ~ 0..< - - OS OLIVE AVE. ...J "' l® w w -SITE ffi K· . ~~5 > LOT 2 -< > Î36~ < 0.. APN 357-18-028 SAN FERNANDO ~ w w 6,513.66 SQ. FT. z AVE. '-' 0: z 0.15 ACRES >- < OJ 0: - ALCAZAR 0 AVE. r u P,O.B I » I IJJ DOLORES AVE. I » LOT LOT 3 I 0 VICINITY MAP rTl I Z NOT TO SCALE L I t» I » N89'56'30"W ¡ j~ _ _OL1VE_A VEN U E __ --=--=--=-- ~ - - \ EXISTING ANNEXATION "ALMADEN 80-13" 30 RES. 5462 - LEGEND EXHIBIT B = BOUNDARY'LlNE OF PROPOSED ANNEXATION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO = BOUNDARY LINE OF ENTITLED OLIVE AVE. 93-02 EXISTING ANNEXATION - DA TE: SEPT. 1993 SCALE: 1" = 60' = EXISTING CITY LIMITS BY: K. RIEDEN REVISED: 10-11-93 CITY OF CUPERTINO o :::0 » z C) fT1 't ð ~ ~ =60 SCALE