CC Resolution No. 98-078RESOLUTION NO. 98-078
SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AREA DESIGNATED "SAN
FERNANDO COURT 98-02", PROPERTY LOCATED ON THE
NORTH SIDE OF SAN FERNANDO COURT BETWEEN SAN
FERNANDO COURT AND SAN FERNANDO AVENUE;
APPROXIMATELY 0.822 ACRE, CHEUNG (APN 375-12-006)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "San Femando Court 98-02" from property owners,
Ping Cheung, Julieanna Cheung, and Irene Cheung; and
WHEREAS, the property, 0.822+ acres on the south side of Stevens Creek
Boulevard between Judy Avenue and Bret Avenue (APN 375-12-006) 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 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
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. 98-078
Page 2
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 May 4, 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
AYE S:
Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ci~~
APPROVED:
Mayor, ~ity of Cupertino
G:cityclerk/roberta/resoluti/res98-078 Jtf
"Exhibit A"
Annexation to: City of Cupertino
Name of Annexation:"San Femando CT. 98-02"
Date: Mar. 10, 1998
All that certain real property situated in the County of Santa Clara, State of California,
more particularly described as follow:
Beginning at the southeasterly comer of Lot 41 as shown on that certain map entitled
"Tract No. 211, Stevens Creek Subdivision, Map No. 4", recorded in Book 7 of Maps,
Page 31, Santa Clara County Records, said point also being on the westerly right of way
of San Femando Avenue and also along the annexation to the City of Cupertino entitled
"McClellan Road 87-04", Resolution 7362;
Thence northerly along the said westerly right of way of San Femando Avenue100 feet;
Thence along the southerly right of way of San Femando Court through a curve to the left
with a radius of 20 feet, a central angle of 90°00' 00", and an arc of 31.42 feet;
Thence westerly along the said southerly right of way of San Fernando Court 55 feet;
Thence along the said southerly right of way of San Fernando Court through a curve to
the right with a radius of 177.31 feet, a central angle of 11°29'00'', and an arc of 35.54
feet;
Thence along the said southerly right of way of San Femando Court through a curve to
the right with a radius of 177.31 feet, a central angle of 14°34'00'', and an arc of 45.08
feet to a point along the certain annexation to the City of Cupertino entitled" San
Fernando Court 91-02", Resolution 8547;
Thence along the said annexation boundary through a curve to the right with a radius of
177.31 feet, a central angle of 16°28'00'', and an arc of 50.95 feet;
Thence along the said southerly right of way of San Femando Court through a curve to
the fight with a radius of 177.31 feet, a central angle of 9°55'00"and an arc of 30.69 feet;
Thence N37°34'00"W along the said southerly right of way of San Fernando Court 28.86
feet;
Thence along the said southerly right of way of San Femando Court through a curve to
the left with a radius orS0 feet, a central angle of 41°25'00'', and an arc of 36.14 feet;
Thence along the said right of way of the San Femando Court through a curve to the right
with a radius of 50 feet, a central angle of 262°50'00'', and an arc of 229.37 feet;
Thence along the northerly right of way of San Fernando Court through a curve to the left
with a radius of 50 feet, a central angle of 9°30'00'', and an arc of 8.29 feet; said point
also being the westerly comer of Lot 53, Tract No. 211 recorded in Book 7 of Maps, Page
31 in Santa Clara County Records;
Thence N67°05'00"E along the north-westerly line of the said Lot 53, 90.76 feet;
Thence S37°34'00"E along the north-easterly line of the said Lot 53, 38.81 feet;
Thence S42°08'00"W along the south-easterly line of the said Lot 53, 94.76 feet to a
point, said point also being on the northerly right of way of San Fernando Court;
Page 1
Thence along the said northerly right of way of San Fernando Court through a curve to
the left with a radius of 127.31 feet, a central angle of 41o50,00,,, and an arc of 92.96
feet;
Thence easterly along the said northerly right of way of San Fernando Court 55.00 feet;
Thence along the said northerly right of way of San Fernando Court through a curve to
the left with a radius of 20 feet, a central angle of 60o00,00,,, and an arc of 20.94 feet to a
point, said point being along that certain annexation to the City of Cupertino entitled
"San Fernando Avenue 93-01", Resolution 8879;
Thence easterly along the said annexation "San Fernando Avenue 93-01" 52.68 feet to a
point on the easterly right of way of San Fernando Avenue;
Thence southerly along the said easterly right of way of San Fernando Avenue 180 feet to
a point, said point being along the certain annexation to City of Cupertino entitled
"McClellan Road 87-04", Resolution 7362;
Thence westerly along the said annexation "McClellan Road 87-04" 50 feet to the point
of beginning.
Containing: 0.822 acres
APN 357-12-6
Page 2
~TEVENS CREEK
GRANADA
HERMOSA
LOMITA
ALMADEN
AVE.
BLVD.
A
A
Ai
LOCATION MAP
(NTS)
LOT 55
TRACT MAP 211
BK. 7 MAPS, PG.
60'00'00"
20.00' --~x~,
20.94'
EAST
W
z
o
153
z
EAST
.54'
'29'00"
LOT 42
55.00'
A = 90'00'00"
R = 20.00'
L = 31.42'
TRACT MAP 211, BK. 7 OF
AREA= 0.822 ACRES
REVISED DATE: MAR.
SCALE: 1"=50'
10, 1998.
EXHIBIT B
PROPOSED ANNEXATION TO
THE CITY OF CUPERTINO ENTITLED
AS SAN FERNANDO CT. 98-02
DATE: JAN. 19, 1998
MAPS, PAGE
LOT 41
POB
31
EXISTIN(
LEGEND: RES.
AREA OF ANNEXATION
PROPOSED ANNEXATION BOUNDARY
EXISTING ANNEXATION BOUNDARY
50.00'
ANNEXATION
_AN ROAD 87-