CC Resolution No. 98-011RESOLUTION NO. 98-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO RESCINDING RESOLUTION NO. 9969 AND
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED "ALCAZAR
AVENUE 97-10", APPROXIMATELY 0.183 ACRE LOCATED ON
THE SOUTH SIDE OF ALCAZAR AVENUE BETWEEN ORANGE
AVENUE AND IMPERIAL AVENUE; KANG (KC&J
INVESTMENT, LLC) (APN 357-19-013)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.183 acre on the south side of
Alcazar Avenue (APN 357-19-013) has been filed by property owner Martha Kang
(KC&J Investment, LLC); and
WHEREAS, on September 15, 1997, the City Council adopted Resolution No.
9956 initiating proceedings for annexation of the area designated "Alcazar Avenue 97-10;
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:
]~esoluiion ~o. 9~-011 Page
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Alcazar Avenue 97-10", more
particularly described in Exhibit "A";
That Resolution No. 9969, adopted by the City Council on October 6, 1997, is
hereby rescinded.
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.183
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.
do
The City Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
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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.
g. That the annexation is made subject to no terms and conditions.
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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.
k. That the proposed annexation is consistent with the City's General Plan.
P esolufion No. O -O11 Page
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
mo
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 Govemment Code.
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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 5th day of January, 1998, by the following vote:
Vote
Members of the City Council
AYES:
Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Mayor, City of Cupertin~
g:cityclerk/roberta/resoluti/res98-011 .rtl
EXHIBIT"A"
PROPOSED ANNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA ENTITLED
ALCAZAR AVE . 97- 10
Ail that certain real property situated in the County of Santa
Clara, Stake of California, being all of Lot 19 of Tract No. 300,
MAP OF NOONAN SUBDIVISION - UNIT No. 2, which map was filed on
May 6, 1946 in Book 10 of Maps at Page 16, in the Office of the
Recorder of said County, more particularly described as follows:
Beginning at the northwesterly corner of said Lot on the
Southerly line of Alcazar Avenue, 50 feet wide, said point being
distant S89°58'E 260.24 feet from the southwesterly corner of the
"Alcazar Ave. 86-01" annexation to the City of Cupertino,
California;
Thence along the northerly line of said Lot also being the
southerly line of said Avenue and the southerly line of said
annexation, S89°58'E 60.00 feet to the northeasterly corner of
said Lot;
Thence along the easterly line of said Lot, South 132.46
feet to the southeasterly corner thereof, to a point on a
northerly line of the "McClellan No. lA" annexation to said City;
Thence along the southerly line of said Lot and said
northerly line of said annexation, S89°51'W 42.00 feet to the
northeasterly corner of the "Noonan 73-8" annexation to said
City;
Thence continue along the southerly line of said Lot and
along the northerly line of said Noonan annexation, N89°58'W
18.00 feet to the southwesterly corner of said Lot;
Thence leaving said Noonan annexation and along the westerly
line of said Lot, North 132.59 feet to the point of beginning.
Containing 0.183 of an acre, more or less.
APN 357-19-013
Date: June 10, 1997
Revised: August 22, 1997
Prepared by: E.J. Hahamian,
-- RCE