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CC Resolution No. 9281 " 'I. RESOLUTION NO. 9281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE AVENUE 94-07", APPROXIMATELY 0.16 ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN A VENUE AND SAN FERNANDO A VENUE; KITCHENS (APN 357-15-096) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.16 acre on the west side of Orange Avenue (APN 357-15-096) has been filed by property owner Bobbie E. Kitchens; and WHEREAS, on January 3, 1995, the City Council adopted resolution No. 9255 initiating proceedings for annexation of the area designated "Orange Avenue 94-07; 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, 9281 Page 2 1. That it is the conducting authority pursuant to Section 35150.5 of the Govemment Code for the annexation of property designated "Orange Avenue 94-07", 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 0,16 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, 9281 Page 3 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 ~ day of February, 1995 by the following vote: YQ1!: MembersQÍ1hI:~Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kim Marie Smith City Clerk resoluti/res9281.doc /s/ Wally Dean Mayor, City of Cupertino 3 .' . "EXHIBIT An ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 94-07 JULY 1994 Revised: November 29, 1994 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Portion of Lot 113 , 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 ofCalifomia on April 11, 1917 in Volume P of Maps ,at Page 20, and more particularly described as follows: Beginning at a point along the westerly boundary line of said Lot 113 wlùch said point lies directly 50.00 feet SOUTH of the northwest corner of said Lot 113, said point also lies on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando 81-4"; Thence from said Point of Beginning, and leaving said annexation "San Fernando 81-4", EAST 1 00.15 feet to a point being along the westerly boundary line of Orange Avenue, said point also being along that certain annexation to the City of Cupertino entitled "San Fernando 81-4"; Thence SOUTH 70.00 feet along said annexation "San Fernando 81-4" and the westerly boundary line of Orange Avenue; Thence leaving said annexation "San Fernando 8l-4",WEST 100.15 feet to a point being along said annexation "San Fernando 81-4"; Thence NORTH 70.00 feet along said annexation "San Fernando 81-4" to the Point of Beginning. Containing: 7,011 square feet, more or less. 0.16 acres, more or less. A.P.N. : 357-15-096 & + SCALE: "=100 ~ « z '" 0 « , :w ~~ > ~ '« - ALMADEN A VENUE OUVE AVE, ..J « -.... ~ ~ æ ~ « '" " « a. ;: ; ,~ < W W - Z U W ~ z ~a ... l:) m 0: ~ Z ALCAZAR 0 AVE, < - ~.;s~~~ gs¡ ð< ~ ~'V ? APN 357-15-096 DOLORES AVE. ~ O~ LOT 113 ~'f' ~ P,O,B, 7,011 SO. FT. VI CINITY MAP 0.16 ACRES NOT TO SCALE 45.00' . 40,00' SAN FERNANDO AVE - -=¡¡ I I EXISTING ANNEXATION I 'SAN FERNANDO AVE 81-4" LEGEND EXHIBIT B = BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO = BOUNDARY LINE OF ENTITLED ORANGE AVE, 94-07 EXISTING ANNEXA TION DATE: JULY, 1994 SCALE: I" = 10O' = EXISTING CITY LIMITS BY: K. RIEDEN REVISED: NOV, 1994 CITY OF CUPERTINO RESOLUTION NO. 9281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE AVENUE 94-07" , APPROXIMATELY 0.16 ACRE LOCATED ON THE WEST SIDE OF ORANGE A VENUE BETWEEN ALMADEN A VENUE AND SAN FERNANDO A VENUE; KITCHENS (APN 357-15-096) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.16 acre on the west side of Orange Avenue (APN 357-15-096) has been filed by property owner Bobbie E. Kitchens; and WHEREAS, on January 3, 1995, the City Council adopted resolution No, 9255 initiating proceedings for annexation of the area designated "Orange Avenue 94-07; 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, 9281 Page 2 1, That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Orange Avenue 94-07", 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 0,16 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, 9281 Page 3 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 ~ day of February, 1995 by the following vote: YQ1!: Members clth!: ~ Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kim Marie Smith City Clerk resolutilres9281.doc /s/ Wally Dean Mayor, City of Cupertino 3 "EXHIBIT A" ANNEXA TION TO THE CITY OF CUPERTINO ORANGE AVENUE 94-07 JULY 1994 Revised: November 29, 1994 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Portion of Lot 113 , 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 Aprilll, 1917 in Volume P of Maps ,at Page 20, and more particularly described as follows: Beginning at a point along the westerly boundary line of said Lot 113 which said point lies directly 50,00 feet SOUTH of the northwest corner of said Lot 113, said point also lies on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando 81-4"; Thence from said Point of Beginning, and leaving said annexation "San Fernando 81-4", EAST 100.15 feet to a point being along the westerly boundary line of Orange Avenue, said point also being along that certain annexation to the City of Cupertino entitled "San Fernando 81-4"; Thence SOUTH 70.00 feet along said annexation "San Fernando 81-4" and the westerly boundary line of Orange Avenue; Thence leaving said annexation "San Fernando 8l-4'''WEST 100.15 feet to a point being along said aIinexation "San Fernando 81-4"; Thence NORTH 70.00 feet along said annexation "San Fernando 81-4" to the Point of Beginning. Containing: 7,011 square feet, more or less. 0,16 acres, more or less. A.P,N. : 357-15-096 SCALE: 1 ð + < z '" 0 < , ...; ~~ .> ALMA ~ 1< ALMADEN A VENUE ~ SI1 OUVE AVE, ...J < -- æ w « '" .' > SAN F 11. ::I! .~ < w A - z g.0 w ~ <.:> m ~ Z ALCAZAR AVE. < ~.;s.þC) a:: 0 d< :\ ~r¡; ./ APN 357-15-096 DOLORES AVE, ~ C)~ LOT 113 ~"?' ~ P.O,B, 7.011 SQ. FT. VICINITY MAP 0.16 ACRES NOT TO SCALE 45,00' - ' 40.00' L ..?~ .!'ERNANDO A~ l~ 'XlSTING ANN'XA TION : SAN FERNANDO AVE 81-4" . LEGEND EXHIBIT B = BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO = BOUNDARY LINE OF ENTITlED ORANGE AVE, 94-07 EXISTING ANNEXATION DA TE: JULY, 1994 SCALE: I" = 100' = EXISTING CITY LIMITS BY: K, RIEDEN REVISED: NOV, 1994 CITY OF CUPERTINO =100