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CC Resolution No. 9557 ~ ~ ~ RESOLUTION NO. 9557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "ALMADEN AVENUE 95-06", j PROPERTY LOCATED ON Tf-IE NORTH SIDE OF ALMADEN AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE; APPROXIMAT'ELY 0.228 ACRE, TANG (APN 357-IS-017) WHEREAS, the City Council of the City of Cupertino hus received u request for annexation of territory designated "Almaden Avenue 95-06" from property owners, Hsueh-Hsia and Chao Yang Tung; and WHEREAS, the property, 0.228± acre on the north side of Almaden Avenue between Orange Avenue and Byme Avenue (APN 357-15-017) is contiguous to the City of Cupertino and is within its urban service area; and ~ WHEREAS, annexation would provide for use of City services; sand WHEREAS, this territory is uninhabited nnd was prewned on September 4, 1984, to City of Cupertino R1-7.5 zone; and WfiEREAS, the City of Cupertino, as Lead Agency for environmental review compieted an initial study and granted a Negative Declaradon for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" und "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the pmposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover stat3' cost for above certification has been paid; and Resolution No. 9557 • • Pagc 2 WHEREAS, as provided in Govemment Code Section 56826 the City Council of the City of Cuperiino shall bc conducting uuthority for a reorganization including stn annexation to the City; and WHEREAS, Government Code SecGon 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may npprove or disapprove the annexation without public hearing; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates suuiexadon proceedings and will consider unnexation of the territory designated "Almaden Avenue 95-06" at their regular meeting of February 6, ~ 1995. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of January, 1996, by the following vote: 1'4S~ D~cII1bcIS Qf tha ~ixY S4uIICi1 AYES: Bautista, Chang, Dean, Sorensen, Bumett NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Rw~uturcssss~.aa 2 ~ ~ EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ALMNDEN AVE. 95-06 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ; BEGINNINGAT THE SOUTHEAST CORNER OF THE WESTERLY 1/2 OF SECTION 92, AS SAID ~ SECTION 92 IS SHOWN ON THAT CERTAIN MAP ENTITLED `MAP OF SUBDIVIStON 'A' OF MONTA VISTA" WHICH MAP WAS FILED FOR RECORD ONAPRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY RECORDS; SAID POINTOF BEGINNING LYING ON THE NORTHERLY LINE OF ALMADEN AVENUE BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "ALMADEN 84-03'; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAIO W ESTERLY 1/2 OF SECTION 92, NORTH 198.42 FEET TO THE SOUTNERLY LINE OF SECTION 82 AS SHOWN ON SAID "MAP OF SUBDIVISION A'OF MONTA VISTA" ABOVE ~ESCRIBED; THENCE ALONG SAID SOUTHERLY LINE OF SECTION 82 WEST 50.075 FEET TO THE COMMON LINE BETWEEN SECTIONS 91 AND920F SAID'MAPOF SUBDIVISION'A'OF MONTAVISTA"; THENCEALONG SAID COMMON LINE OF SECTIONS 91 AND 92, SOUTH 198.42FEETTO A POINT IN SAID NORTHERLY LINE OF ALMADEN AVENUE, AND NORTHEHLY LINE OF SAID ANNEXATION ENTITLED "ALMADEN 84-03", THENCE ALONG SAID NORTHERLY LINE OF ALMADEN AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED "ALMADEN 84-03", EAST 50.075 FEET TO THE POINT Q~~(~~, CONTAINING: 9,935.9 SOUARE FEET, MORE OR IESS. 0.228 ACRES. MORE OR LESS. A. P.N. : 357-15-017 ~ ` pf fSS10 l Q• ~ t ~ ~ , 9 a . ~ . ~ 1Y1~ ~lF Of CAI~E~~ I. _ . a ~ • uEaM AYG. W Q ~ LOMITA y~ °1 AvE. ~ r ScAI.~ : I 100 • ~ SITE,: . q'P.N.351-15-017 ' WLY S~z Sec.92 BkaP" p.¢o SA.N vc 9,935q tS.F E ve • ° ~sT° °•228±~`• VICINITY MAP - / r Ya ~cA~ Q~pE ESSIO,y,~~ F EXIg71NG ANNBXATION , ~ ;,•;:4~,~~,,aw'~' Q w NA~~ ~c ~ ? 4 ALMADEf~~' $4=3 ' ~ ~n ~R• (03 I'1~ ~i ~ x~ ~ R - 54Co2 a Na 1 ~(l o . ~r ; Q° x' . 1; c r v ~ ~S~ ~ '~rE pf r,A.~~~~~ ~ ALMADEN ig ~ ~4VENUE • i LE~~ ~ R 8~ ~JCHI~IT ~ a BouNDArtY LINE OF P~~'vS~.v iy~n~~ON Paor~v Ar+r~xA,noht ~~E cirf oF cuPeRnNo - Q~a.iHDARY L1NE oF ~NtITLr~'AI:MADEN AVE. 95-06 pCI9TING ANH~A'CION flATC~ NoV. i995 S~At~: lpo~ y~XI9CING CITf LiMlTS ~Y' SFh1 Gi(K:Wp~J R~VItiEp: .WAGZREN P. WW~l.E7 125 E.5 NNYQ4K5' , ~p~. •C. 5~9'T . , CAMPEf.t1.,CA 95008