CC Resolution No. 98-053RESOLUTION NO. 98-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED
"HANFORD DRIVE 97-11 ", APPROXIMATELY 0.228 ACRE
LOCATED ON THE NORTH SIDE OF HANFORD DRIVE
BETWEEN BEARDON AVENUE AND CUPERTINO CITY
LIMITS; WANG (APN 326-33-024)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.228 acre on the north side of
Hartford Drive (APN 326-33-024) has been filed by property owner Kun-Pao Wang by
Shou Tung Wang; and
WHEREAS, on January 20, 1998, the City Council adopted Resolution No. 98-
034 initiating proceedings for annexation of the area designated "Hanford Drive 97-11;
and
WHEREAS, said ten/tory 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 ten/tory 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:
Resolution No. 98-053
Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Hanford Drive 97-11", more
particularly described in Exhibit "A";
That the following timings are made by the City Council of the City of
Cupertino:
ao
That said territory is uninhabited and comprises approximately 0.228
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.
Co
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 December 1, 1997, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre RI-10 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.
g. 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.
k. 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.
Resolution No. 98-053
Page 3
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
4. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
5. 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 17th day of February, 1998, by the following vote:
Members o__f thee City Council
Bumett, Dean, James, Statton, Chang
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
None
None
None
ATTEST:
~~.~~E~~ayor,~~tyDi upertin
EX]?I I B I T "A"
ANNEXATION TO THE CITY OF.
CUPERT I NO , CALI FORN I A
ENT I TLED ~',~ HANFORD DR . 9 7 --' 1 1"
All that certain real property situated in the County of Santa Clara,
State of California, being all of Lot 171 of Tract No. 783, GARDEN
GATE VILLAGE ADDITION, filed in Book 30 of Maps at Pages 30-33,
Santa Clara County Records, described as follows:
Beginning at the Northeasterly corner of said LOt on a Westerly line
of the Original City Limits of the City of Cupertino:
Thence along the Northerly line of said Lot, West 87.28 feet to the
Northwesterly corner thereof;
Thence along the Westerly line of said Lot, South 115.00 feet to the
Southwesterly corner thereof on the Northerly line of Hartford Drive,
60 feet wide;
Thence along said Northerly line, East 40.12
Thence continue' along said Northerly line along a curve to the left,
tangent to the preceding course, having a radius of 170 feet, 'through
a central angle of 16'09', an aro' distance of 47.92 feet to its
intersection with the above referred to Original City Limits Line:
Thence leaving said curve from a tangent bearing of N73'51'E and
along the Easterly line of said Lot, also being said line of said
Original City Limits, N0'04'W 108.29 feet to the point of beginning.
Containing 0.228 of an acre, more or less.
Date: October 20, 1997
APN: 326-33-024
'I'P.A C :T' No.
LOT I
40.12.
DATE: OCT ~0,199'i
"FIAN~OR D D~. 97-11"
SCALE: l'q