CC Resolution No. 98-143RESOLUTION NO. 98-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "N. STELLING ROAD 98-03", PROPERTY LOCATED ON THE
EAST SIDE OF N. STELLING ROAD BETWEEN GARDEN GATE DRIVE AND
HAZELBROOK DRIVE; APPROXIMATELY 0.754 ACRE, KOVALIK ET AL. (APN
326-30-091)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "N. Stelling Road 98-03" from property owners, Scott
Carl Kovalik, Marshall David Kovalik, Mary Anne Loban, Carol Anne Payne, Mark
Smart Loban, Joseph P. Kovalik, Jennifer A. Kovalik, Nancy Smbbs, Mary Kovalik,
Joseph W. Kovalik, Carl S. Kovalik, and John A. Loban; and
WHEREAS, the property, 0.754+ acres on the ease side of N. Stelling Road
between Garden Gate Drive and Hazelbrook Drive(APN 326-30-091) 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 April 20, 1998, to
City of Cupertino Pre BQ 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 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 heating;
Resolutlon No. 98-143 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 "N. Stelling Road 98-03" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of July 20, 1998.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15t~ day of June, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
G:cityclerk/roberta/annexatio/n.stelling rd. 98-03-1.rtf
APPROVED:
Mayor, City of Cupertino
E X H I B I T "A"
PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED
"N. STELLING RD. 98-03"
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Lot 101 of Tract
No. 783, GARDEN GATE VILLAGE ADDITION, filed in Book 30 of Maps
at Pages 30-33, Santa Clara County Records, and a portion of
North Stelling Road (formerly Stelling Road), described as
follows:
Beginning at the southeasterly corner of Lot 151 on the Westerly
line of North Stelling Road, 60 feet wide, as said corn er is
shown upon map of Tract No. 682, filed in Book 26 of Maps at
pages24 and 25, Santa Clara County Records;
Thence along said westerly line of North Stelling Road, North
190.61 feet;
Thence leaving said line East 60.00 feet to the easterly line of
said Road to a point distant south 150.00 feet from the westerly
common corner for Lots 100 and 101 of the above referred to Tract
No. 783;
Thence continue East 125.00 feet;
Thence South 171.24 feet;
Thence West 125.00 feet to the easterly line of North Stelling
Road;
Thence along said line South 19.37 feet to an angle point on the
Original City Limits Line of the City of Cupertino;
Thence along said City Limits Line West 60.00 feet to the point
of beginning.
Containing 0.754 of an acre, more or less.
Date: January 23, 1998
APN: 326-30-091
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VICINITY MAP
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