CC Resolution No. 98-087RESOLUTION NO. 98-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AREA DESIGNATED "ALCAZAR AVENUE 98-
04", PROPERTY LOCATED ON THE SOUTH SIDE OF ALCAZAR
AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE;
APPROXIMATELY 0.2088 ACRE, CHEN (APN 357-14-035)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Alcazar Avenue 98-04" fi.om property owners, Chung-Song
Chen and Jian-Pyng Chen; and
WHEREAS, the property, 0.2088+ acre on the south side of Alcazar Avenue between
Byme Avenue and Orange Avenue (APN 357-14-035) 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 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
WHEREAS, Government Code Section 56837 provides that ifa 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;
Resolution No. 98-087 Page 2
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
"Alcazar Avenue 98-04" and detachment from the Santa Clara County Lighting Service District
at their regular meeting of May 18, 1998.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of April, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTA1N:
ATTEST:
~ity Clerk
APPROVED:
~ay;r,~ty o Cupertino
- EXHIBIT "A"
ANNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA
ENTITLED "ALCAZAR AVE. 98-04"
All that certain real property situated in the County of Santa
Clara, State of California, being a portion of Lot 135 of "MAP OF
SUBDIVISION "A" MONTA VISTA", filed in Book P of Maps at page 20,
Santa Clara County Records, described as follows:
Beginning at the intersection of the Easterly line of said Lot
with the Southerly line of Alcazar Avenue, 40 feet in width as
shown on the above referred to Map, said point being the most
Southerly corner, common to the "Alcazar Ave. 81-01" and the
"Alcazar Ave. 89-07" annexations to the City of Cupertino;
Thence along said Easterly line of said Lot 135, South 90.82 feet
to the Southeasterly corner thereof on the Northerly line of the
"Dolores 97-04" annexation to said City;
Thence along the Southerly line of said Lot also being the
Northerly line of said "Dolores Ave. 97-04" annexation, West
100.15 feet to the Southwesterly corner of said Lot, also being
the Northerly corner common to said "Dolores Ave. 97-04"
annexation and the "Dolores Ave. 96-03" annexations to said City;
Thence along the Westerly line of said Lot, North 90.82 feet to
the hereinabove mentioned Southerly line of Alcazar Avenue;
Thence along said line also being the Southerly line of the above
referred to "Alcazar Ave. 89-07" annexation, East 100.15 feet to
the point of beginning.
Containing 0.2088 of an acre, more or less.
Date: March 13, 1998
APN: 357-14-035
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