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CC Resolution No. 98-123RESOLUTION NO. 98-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPEI(I'INO PETITIONIN(i THE SANTA CLARA COUNTY LOCAL AGENCY FORMATION 'FO APPROVE A REORGANIZATION OF TERRITORY, KNOWN AS 10116 STERN AVENUE AND DESIGNATED "STERN AVENUE DE-ANNEXATION" WIIICII INVOLVES A DETACHMENT FROM THE CITY OF SAN JOSE AND ANNEXATION TO THE FIRE DEPARTMENT OF SANTA CLARA COUNTY PURSUANT TO THE CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985. WHEREAS, thc City of Cupertino is proceeding with thc pre-zoning and annexation of an inhabited, unincorporated island commonly known as Rancho Rinconada; and WHEREAS, the City of Cupertino bas tbund discrepancics in tbc boundaries betwccn thc Cities of Cupertino and San Jose that do not allow tbr logical and cfficient municipal services; and WHEREAS, thc City of Cupertino desires to adjust thc boundary of incorporation of thc City of San Jose to provide a more logical and efficient municipal service boundary lbr both cities; and WHEREAS, Local Agency Formation Commission approval is necessary to reorganize 10116 Stern Avenue, detaching it from the City of San Jose and annexing it to tbc Fire Department of Santa Clara County as shown in the legal description labelcd Exhibit "A" and map labeled "B"; and WHEREAS, such Local Agency Formation Commission action will facilitate the subsequent pre-zoning and annexation of said property to tbc City of Capertino; and WHEREAS, the City of Cupertino is currently seeking written agreement l¥om the City of San Jose for said actions. NOW, THEREFORE, BE IT RESOLVED, tbe City Council of tim City of Cupertino hereby petitions the Santa Clara County Local Agency Forlnation Commission to approve a reorganization of territory, known as 10116 Stern Avenue, and designated as "Stem Avenue l)c- atmexation" in attached Exhibits A & B; and furtbem~ore requests tbat thc Santa Clara County Local Agency Formation Commission to act as lead agency lbr tbc purposes of environmental review of this project. Resolution No. 98-123 Page 2 May 18, 1998 PXSSED AND ADOPTED at a regular meeting of the City Council of thc City of Cupertino this 18'~' Day of May, 1998, by the following roll call vote: Vote Members oF the City Council AYES: NOES: ABSTAIN: ABSENT: BURNETT, DEAN, JAMES, SATTON, CHANG NONE NONE NONE ATTEST: APPROVED BY: MAYOR, CITY OF CUPL;I¥1'I~O EXHIBIT "A" "STERN AVENUE DEANNEXATION" All that certain real property situated in the County of Santa Clara, State of California, being a portion of Stern Avenue and all of lot 13, as shown on the Map of entitled "TRACT NO. 1164", which was filed for record in the office of the Recorder of the County of Santa Clara on April 13, 1953 in Book 42 of Maps, at page 22, and more particularly described as follows: Beginning at the Northeast corner of Lot 13, also know as the Southeast corner of Lot 14 of the said TRACT NO. 1164; thence from said Point of Beginning, S 0° 23' 00" E, 60.00 feet to the Southeast corner of Lot 13; thence S 89° 37' 00" W, 107.00 feet to the Southwest corner of Lot 13 along the Westerly line of Stem Avenue; thence S 89° 37' 00" W, 30.00 feet to the centerline of Stem Avenue; thence along the said centerline N 0° 23' 00" W, 60.00 feet; thence leaving the said centerline N 89° 37' 00" E, 30.00 feet to the Northwest corner of Lot 13 along the westerly line of Stern Avenue; thence N 89° 37' 00" E, 107.00 feet to the Point of Beginning. Containing 0.1887 of an Acre, more or less. Date: April 30, 1998 APN: 375-12-0t0 t Ho..2~.46E}i Jt N89 .37 00 L SCALE: 1"=20' S89'37'OO"W "EXHIBIT B" CITY OF CUPERTINO SCALE: 1" = 20' DRAWN BY: HERMIE BACUS BERT J. VlSKOVICH DIRECTOR OF PUBLIC WORKS PROPOSED DEANNEXATION FROM THE CITY OF SAN JOSE ENTITLED "STERN AVENUE DEANNEXA TION" ADDRESS: ~0116 STERN AVENUE OWNER: CATHERINE U, THALER APN: 375- 12-010 DATE: APRIL 30, 1998