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CC Resolution No. 9660 RESOLUTION NO. 9660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "DOLORES AVENUE 96-03", APPROXIMATELY 0.456 ACRE LOCATED ON THE NORTH SIDE OF DOLORES AVENI~ BETWEEN ORANGE AVENUE AND BYRNE AVENUE; COLE (APN 35%14-027) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.456 acre on the west side of Dolores Avenue (APN 357-14-027) has been filed by property owners Ruby Mae Cole; and WHEREAS, on January 3, 1995, the City Council adopted resolution No. 9637 initiating proceedings for annexation of the area designated "Dolores Avenue 96-03; 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. 966~, ~ Page · - 1. That it is the conducting authority pursuant to Section 35150.5 oft he Government Code for the annexation of property designated "Dolores Avenue 96-03", 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 0.456 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 ten/tory 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 Commissioffs 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. 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. 1. That the City has complied with all conditions imposed by the commission for inclusion of the ten/tory in the City's urban service area. Resolution No. 966 , I Page 3 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 15th day of July, 1996 by the following vote: Vote Members of the City, Council AYES: Bautista, Chang, Dean, Sorensen, Bumett NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: D~~'2~ Mayor, City of Cupertino resoluti/res9660.do¢ EXHI BIT 'A" ANNEXATION TO THE CITY OF CUPERTINO DOLORES AVE. 96-03 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142, AS SAID PARCEL IS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF SUBDIVISION 'A' OF MONTA VISTA" WHICH MAP WAS FILED FOR RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY RECORDS; SAID POINT OF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "DOLORES AVE. 88-13"; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142, NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF SUBDIVISION 'A' OF MONTA VI STA" ABOVE DESCRIBED; THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 WEST 100.15 FEET TO THE EASTERLY LINE OF PARCEL 141 OF SAID 'MAP OF SUBDIVISION 'A' OF MONTA VISTA"; THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 1 98.42 FEET TO A POINT ON SAID NORTHERLY LI NE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED "DOLORES AVE. 88-13", THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED "DOLORES AVE.. 88-13", EAST 100.15 FEET TO THE POI NT OF BEGINNING. CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS. 0.456 ACRES, MORE OR LESS. ~ ~t:ESS'.~.~4~-~ A.P.N. ' 357-14-027