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CC Resolution 10706 RESOLUTION NO. 10706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ANNEXATION OF 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 former 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; and WHEREAS, public hearings were held at the regularly scheduled City Council meeting on October 3,2006 and on November 6,2006; WHEREAS, owners owning more than 50% of the assessable land within the proposed district have not filed written protests; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, and ORDERED as follows: 1. Findings: The City Council finds: a. The territory does not exceed 150 acres in area, and that area constitutes the entire island; b. The territory constitutes an island located wholly within the limits of the City of Campbell; d. The territory is substantially developed, in that: (1) Public utility services are available; (2) Public improvements have been installed; and (3) Physical improvements are located upon the parcels within the area. e. The territory is not prime agricultural land, as defined by Section 56064. f. The territory will benefit from the annexation or is receiving benefits from the annexing city. g. The owner of a majority of the land by value as of the time that these proceedings were commenced has submitted a ballot in favor of the annexation; h. The territory is within the urban service area of the city as adopted by LAFCO; J. The proposal does not split lines of assessment or ownership; k. The proposal does not create islands or areas in which it would be difficult to provide municipal services; I. The proposal is consistent with the adopted general plan of the City; m. The territory is contiguous to existing boundaries of the Campbell Municipal Lighting District (CMLD) and the Campbell Landscaping and Lighting District (LLA-1); 2. Annexation: That the area designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) is hereby annexed into the City of Campbell's Municipal Lighting District (CMLD) and the Lighting and Landscaping Assessment District (LLA-1). PASSED AND ADOPTED this 6th day of November, 2006, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson None None AZ2L~ Anne Bybee, City Clerk APPROVED: V - ~~atson, Mayor