CC Resolution No. 9865RESOLUTION NO. 9865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "LOMITA AVENUE 97-07",
PROPERTY LOCATED ON THE SOUTH SIDE OF LOMITA
AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE;
APPROXIMATELY 0.439 ACRE, KANG
(APN 357-15-005)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Lomita Avenue 97-07" from
property owners, Kelvin Kang and Martha Kang; and
WHEREAS, the property, 0.439+ acre on the south side of Lomita Avenue
between Orange Avenue and Byme Avenue (APN 357-15-005) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to
City of Cupertino R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for enviromental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; and
Resolution No. 9 65 Page
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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Lomita Avenue 97-07" at their regular meeting of July 21, 1997.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of June, 1997 by the following vote:
Vote
Members of the City Council
AYES:
Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ci~
APPROVED:
resoluti/res9865.doc
EXHIBIT A
A~NEXATION TO TIlE CITY OF CUPERTINO, CALIFORNIA ENTITLED
"LOMITA AVE. 97-07"
Ail that certain real property situated within unincorporated
area of the County of Santa Clara, State of California, being
all of Section 82 and a portion of Lomita Avenue as shown on .
"MAP OF SUBDIVISION "A" - MONTA VISTA", filed in Book P of Maps
at Page 20, Santa Clara County Records, described as follows:
Beginning at the southeast corner of saJ. d Section 82, also
being the northwest corner of that certain annexation to the
City of Cupertino entitled "ALMADEN 80-13"
Thence along the south line of said Section, West 50.075 feet
to the northeast corner of that certain annexation to said City
entitled "ALMADEN AVE. 95-06".
Thence continue along said line, also being the north line of
said annexation, West 50.075 feet to the southwest corner of
said Section, also being the northwest corner of said annexation.
Thence along the west line of said Section, North 90.82 feet to
the northwest corner 'thereof on the south line of Lomita Avenue,
40 feet wide.
Thence along the north prolongation of 'the west line of said
Section, North 40.00 feet to the north line of said Lomita
Avenue. ,
Thence along said north line, East 250.45 feet to the north-
west corner of that certain annexation to said City entitled
"LOMITA AVE. 90-7".
Thence along the west line of said annexation, South 40.00
feet to the south line of Lomita Avenue.
Thence along said line, West 150.30 feet to the northeast
corner of said Section 82.
Thence along the east line of said Section, South 90.82 feet~to
the point of beginning.
Containing 0.439 of an acre, or 19,113.6 square feet, more or less.
Date: April 5, 1997
APN 357-15-005
95- o~
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LOMITA AVE. 97-07"
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