CC Resolution No. 98-106RESOLUTION NO. 98-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED "JUDY
AVENUE 98-01", APPROXIMATELY 0.861 ACRE LOCATED ON
THE SOUTH SIDE OF STEVENS CREEK BOULEVARD
BETWEEN JUDY AVENUE AND BRET AVENUE; ROBINSON
OIL CO. AND CHENG (APN 375-11-072, -013, -014)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.861 acre on the south side of
Stevens Creek Boulevard (APNs 375-11-072, -013, -014) has been filed by property
owners Cheng T. Cheng, Nancy S. Cheng, and Robinson Oil Co.; and
WHEREAS, on April 6, 1998, the City Council adopted Resolution No. 98-077
initiating proceedings for annexation of the area designated "Judy Avenue 98-01; 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:
Resolution No. 98-106 Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Judy Avenue 98-01", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.861
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.
The City Council on May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre P 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.
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 armexation 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 aunexation does not split line of assessment of
ownership.
That the proposed armexation 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. 98-106 Page ~
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Governmem Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Govermnent Code.
4. 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 4th day of May, 1998, by the following vote:
Vote Members of the City Council
AYES: Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk~~~
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 Clare 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 "Stern 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 90007'00" 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 corner 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-g8
Msoffice/winword/windos/CHENG EXHIBIT A
EXHIBIT B
PROPOSED ANNEXATION -
TO THE CITY OF CUPERTINO
ENTITLED 1" = eD'
"JUDY AVENUE 98-01"
0.861 ACRE
JU DiY
_.
AVENUE
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STERN AVE.
CUPERTINO ClOt' LIMITS
PROPOSED ANNEXA'flON LIMITS
'"-t
BRET
AVE. 30'
t
REV1SED ;~-9-98