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CC Resolution 10686 RESOLUTION NO. 10686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DECLARING ITS INTENTION TO ANNEX THE AREA DESIGNATED "CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE) INTO THE CITY OF CAMPBELL'S MUNICIPAL LIGHTING DISTRICT (CMLD) AND LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT (LLA-1) WHEREAS, on January 18, 2005, the City Council of the City of Campbell adopted Resolution No. 10442 approving the annexation of the area designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue); and WHEREAS, in conjunction with the annexing of the territory into the City of Campbell, said Resolution No. 10442 additionally detached the territory from the County Lighting District (313), but neglected to simultaneously attach the area into the City of Campbell Municipal Lighting District (CMLD) and the City of Campbell Lighting and Landscaping Assessment District (LLA-1); and WHEREAS, on January 18, 2005, the City Council of the City of Campbell granted conditional approval of a Tentative Parcel Map and Planned Development Permit for the area referred to above as the "Campbell Annexation 2004-01" ; and WHEREAS, pursuant to the conditions of approval for the Tentative Parcel Map and Planned Development Permit, the Property Owner (Kilmer Park L.P.) entered into a Street Improvement Agreement on May 11, 2005 with the City of Campbell, which provided, among other things, that Owner shall become part of any special assessment district; and WHEREAS, the property owner of the Classics at East Mozart Avenue (Kilmer Park L.P.) has executed a ballot in favor of the annexation of the area designated as the "Campbell Annexation 2004-01" into the CMLD and into the LLA-1 and has waived any rights that the property owner may have to any notices and hearings regarding the annexation to the CMLD and the LLA-1; and WHEREAS, notices regarding the public hearings for the proposed annexations were published in the Campbell Express. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby initiates the annexation proceedings and will consider the annexation of the territory designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) into the City of Campbell's Municipal Lighting District (CMLD) and the Lighting and Landscaping Assessment District (LLA-1), at their regular meeting of November 6, 2006. PASSED AND ADOPTED this by the following role call vote: 3rd day of October ,2006, AYES: Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: tI?/~ JEANETTE WATSON, MAYOR ATTEST: ANNE BYBEE, CITY CLERK ~