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CC Resolution No. 98-077RESOLUTION NO. 98-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "JUDY AVENUE 98-01 ", PROPERTY LOCATED ON THE SOUTH SIDE OF STEVENS CREEK BOULEVARD BETWEEN JUDY AVENUE AND BRET AVENUE; APPROXIMATELY 0.861 ACRE, ROBINSON OIL CO. AND CHENG (APNs 375-11-072, -013, -014) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Judy Avenue 98-01" from property owners, Robinson Oil Co., Cheng T. Cheng, and Nancy S. Cheng; and WHEREAS, the property, 0.861+ acres on the south side of Stevens Creek Boulevard between Judy Avenue and Bret Avenue (APNs 375-11-013, -014 and -072) 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 16, 1983, to City of Cupertino Pre P zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental 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 Resolution No. 93-077 Page WI-IEREAS, 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 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 "Judy Avenue 98-01" and detachment from the Santa Clara County Lighting Service District at their regular meeting of April 6, 1998. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of April, 1998, by the following vote: Vote Members of the City Council AYES: Bumett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Mayor, City of Cupertino EXHIBIT A For Annexation JUDY AVENUE 98-01 Consisting of all of that certain 0.431 acre lot as shown upon the Record of Survey recorded in Book 512 of Maps, at page 31, Santa Clare county records and all of lots 65 and 67 as shown on that certain Tract Map entitled Tract No. 550 Loree Estates Unit No. 2 as recorded in Book 22 of Maps, at page 4 Santa Clara County records and more particularly described as follows: BEGINNING at a point at the Northeasterly corner of said 0.431 acre lot, said point also being on the Southerly line of Stevens Creek Blvd., and the Southerly limits of incorporation of the City of Cupertino as shown on the Municipal Reorganization for the Annexation "Stem Ave. 82-1"; thence along said Southerly boundaries S89°44'00"W 104.96 feet to a point of curvature; thence leaving said Southerly boundaries and proceeding along the Easterly boundary of Judy Avenue as shown on the above mentioned Tract Map on a curve to the left with a radius of 20.00 feet, an internal angle of 90°07'00" and a length of 31.46 feet to a point of tangency; thence continuing along said Easterly boundary of Judy Avenue S00°23'00"E 280.85 feet to the Southwesterly corner of the aforementioned Lot 67; thence leaving said Easterly boundary of Judy Avenue and proceeding along the Southerly boundary of said Lot 67 N89°37'00"E 125.00 feet to the Southeasterly comer of said Lot 67; thence along the Easterly. boundaries of Lots 67 and 65 and the above mentioned 0.431 acre lot N00°23'00"W, 300.63 feet to the point of BEGINNING. Containing 0.861 acre. Revised 3-9-98 Msof~ce/v/inwonlAvindos/CHENG EXHIBIT A EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "JUDY AVENUE 98-01" 0.861 ACRE 1"= 60' 6e~..- ',1 U I:)iY 30' S00'23'00"E S00'23'00"E: VICINITY MAP NOT TO SCALE BRET CUpERllNO CITY LIMITS PROPOSED ANNEXAllON UMITS ~'.300.63' ~ '"':?';:: ": · ' .." .x: ¥~'::".. "..' I :'.' ;': · ~' ': ...P.O.B. I '''~',:~" '':'' ~ ".' · .'.,;Td mE 'Cll~ OF'CUIJERll'NO: I, ENllTLED "STEVENS CREEK ~' :'~.."' %:'..BLVD. 97-17":'.' · ~::. · ~'~''".'' % ''.'' '." '4 ."'~ "q,""'. I., ::,: ....'..... :: · ,....: ,: . :.,..:.,; ,: ,,., :.. 30' BRET AVE. 30' REVISED .3-9-98