CC Resolution No. 98-107RESOLUTION NO. 98-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED "SAN
FERNANDO COURT 98-02", APPROXIMATELY 0.822 ACRE
LOCATED ON THE NORTH SIDE OF SAN FERNANDO COURT
BETWEEN SAN FERNANDO COURT AND SAN FERNANDO
AVENUE; CHEUNG (APN 375-12-006)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.822 acre on the north side of San
Femando Court (APN 375-12-006) has been filed by property owners Ping Cheung,
Julieanna Cheung, and Irene Cheung; and
WHEREAS, on April 6, 1998, the City Council adopted Resolution No. 98-078
initiating proceedings for annexation of the area designated "San Femando Court 98-02;
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, Governmem 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. 9g- 107 Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "San Femando Court 98-02",
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 0.822
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 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 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 Nfo. 9g-I07 Page
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government 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:
Members of the City Council
Bumett, Dean, James, Statton, Chang
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
None
None
None
ATTEST:
City Cl~k~~
Mayor, City o upertino~
"Exhibit
Annexation to: City of Cupertino
Name ofAtmexation:"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 Avenuel00 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 Femando Court 55 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 11°29'00'', and an arc of 35.54
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 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 16028'00", and an arc of 50.95 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 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 Fernando Court through a curve to
the left with a radius of 50 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 Fernando 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
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 corner 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;
P~el
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 41°50'00'', and an arc of 92.96
feet;
Thence easterly along the said northerly fight of way of San Fernando Court 55.00 feet;
Thence along the said northerly right of way of San Femando Court through a curve to
the left with a radius of 20 feet, a central angle of 60°00'00'', and an arc of 20.94 feet to a
poim, said point being along that certain annexation to the City of Cupertino entitled
"San Femando Avenue 93-01", Resolution 8879;
Thence easterly along the said annexation "San Fernando Avenue 93-01" 52.68 feet to a
poim on the easterly right of way of San Femando Avenue;
Thence southerly along the said easterly right of way of San Femando 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
STEVENS CREEK BLVD.
LOCATION MAP
(NTS)
LOT 53
TRACT MAP 211
7 MAPS, PG.
A = 60'00'00"
R=
)'00" L = 20.94'
EAST
La
GRANADA >
AVE. <
HERMOSA --<
z
AVE. ~
LOMITA <
ALMADEN AVE, ~
EAST
/ 00,*
55.00'
,~ = 90'00'00"
/'-0~ "¢,,~ R = 20.00'
LOT 42 b = 31,42'
TRACT MAP
AREA= 0.822 ACRES
REVISED DATE: MAR. 10, 1998.
SCALE: 1"=50'
EXHIBIT B
PROPOSED ANNEXATION TO
THE CITY OF CUPERTINO ENTITLED
AS SAN FERNANDO CT. 98-02
DATE: JAN. 19, 1998
211, BK. 7 OF MAPS,
LOT
PAGE 51
41
POB
50.00'
EXISTING ANNEXATION
"MCCLELLAN ROAD 87-04"
LEGEND: RES. 7562
AREA OF ANNEXATION
PROPOSED ANNEXATION BOUNDARY
EXISTING ANNEXATION BOUNDARY