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CC Resolution No. 9155RES OLUTION NO. 915 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED " HERMOSA AVENUE 94 -05", APPROXIMATELY 0. 17 ACRE LOCATED ON THE SOUTH SIDE OF HERMOSA AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE; LEE (APN 357 -16 -049) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.17 acre on the south side of Hermosa Avenue between Orange Avenue and Byrne Avenue (APN 357 -16 -049) has been filed by property owner Jiun -Huey Lee; and WHEREAS, on July 5, 1994, the City Council adopted resolution No. 9133 initiating proceedings for annexation of the area designated "Hermosa Avenue 94 -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: Resolution No. 9133 Page 2 That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Hermosa Avenue 94 -0511, 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. 17 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 R1 -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. i. 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. k. That the proposed annexation is consistent with the City's General Plan. Resolution No. 9155 Page 3 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. 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 1st day of August 1994 by the following vote: AYES: Bautista, Burnett, Dean, Koppel NOES: None ABSENT: Sorensen ABSTAIN: None ATTEST: APPROVED: /s/ Kim M. Smith /s/ Barbara Koppel City Clerk Mayor, City of Cupertino MWIU CS9155.doc 3 "EXI -IIBIT A" ANNEXATION TO THE CITY OF CUPERTINO HERMOSA AVENUE 94 -05 MAY 1994 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Portion of Lots 66 and 72, as shown upon that certain Map entitled , "Map of Subdivision 'A' Monta Vista ", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 17, 1917 in Volume P of Maps, at Page 20, and more particularly described as follows: Beginning at the point of intersection of the Southerly line of Hermosa Avenue with the Northwest corner of that certain annexation to the City of Cupertino entitled "Hermosa Avenue 92 -06 ",said point also being along that certain annexation to the City of Cupertino entitled "Hermosa 71 -15 ", and also being along the Northerly boundary line of Lot 66; Thence running Southerly along the Westerly boundary line of said annexation entitled "Hermosa Avenue 92 -06 ", SOUTH 144.62 feet; Thence running Westerly and parallel with the said Southerly line of Hermosa Avenue also known as the Southerly boundary line of the said annexation to the City of Cupertino entitled "Hermosa 71 -15 ", WEST 50.08 feet; Thence running Northerly along the Westerly boundary lines of said Lots 66 and 72, NORTH 144.62 feet to a point of the said Southerly line of Hermosa Avenue and the Southerly boundary line of the said annexation to the City of Cupertino entitled "Hermosa 71 -15 "; Thence along the said last named line, EAST 50.08 feet to the Point of Beginning. Containing: 7,242 square feet, more or less. 0.17 acres, more or less. A.P.N. :357-16-049 y A U m N O BYRNE AVE NORTH \,J EISTTNC ANNEXATION � N �HERMOSA AVE 92 -06' I RES. / 6771 `\ N �+ �o trJ IMEW O cq 'O n I 2 N mm z / o « I °>i