CC Resolution No. 99-241- RESOLUTION NO. 99-241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROViNG THE REORGANIZATION OF
TERRITORY DESIGNATED "SAN FERNANDO AVENUE 99o08",
APPROXIMATELY 0.207 ACRE LOCATED ON THE WEST SIDE OF SAN
FERNANDO AVENUE BETWEEN SAN FERNANDO AVENUE AND SAN
FERNANDO COURT; KIM (APN 357-12-003)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.207 acre on the west side of San
Femando Avenue (APN 357-12-003) has been filed by property owner Eunhee Kim; and
WHEREAS, on July 19, 1999, the City Council adopted Resolution No. 9%230
initiating proceedings for annexation of the area designated "San Femando Avenue 99-
08"; 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 heating; 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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "San Femando Avenue 99-08",
more particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 241 Page
That said territory is uninhabited and comprises approximately 0.207
acre.
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.
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.
The City Council on May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
Annexation to the City of Cupertino will affect no changes in special
districts.
That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
That the annexation is made subject to no terms and conditions.
That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
That the proposed annexation does not split line of assessment of
ownership.
That the proposed annexation is consistent with the City's General Plan.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
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Resolution No. 241 Page
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 16th day of August, 1999, by the following vote:
Vote
Members of the City Council
AYE S:
Bumett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APP~OVEp:
Mayor, Citl of~C pertino
3
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED SAN FERNANDO AVE. 9%08
DATE: MAY~ 1999
All that real property situate in the County of Santa Clam, State of California described as
follows:
Being all of Lot 58 and a portion of Lot 57 as shown on that certain Map entitled, "Tract
No. 211 STEVENS CREEK SUBDIVISION NO. 4", which Map was filed for record in
Book 7 of Maps at page 31, Santa Clara County Records, BEGINNING at the
northeasterly corner of said Lot 58, said point being on the westerly line of San Fernando
Avenue (50 feet wide) and the westerly line of that certain annexation to the City of
Cupertino entitled "San Femando Ave. 84-01"; thence along the tine of said Annexation
"San Fernando Ave. 84-01" and the San Fernando Avenue South 75.00 feet; thence
leaving said lines West 120.00 feet to the westerly line of Lot 57 as shown on said Map
of Tract No. 211; thence along the westerly line of said Lots 57 and 58 North 75.00 feet
to the northwesterly comer of said Lot 58; thence along the northerly line of said Lot 58
East 120.00 feet to the POINT OF BEGINNING.
Said parcel of land containing %000 square feet or 0.207 acres, more or less.
Prepared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/2001
Revised: June 24, 1999
" Proposed ,%nexo t/on. ~Oundor. y
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2397 FOREST AVENUE ~ C/Ty OF~PE~7/~O d~TIT~O J DATE: M~ ~
~ REVI~ED: ~99~ -' ' ....