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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 o brook Chr,' stun sen VICINITY MAP NOT TO SCALE ',Ale APl4: ...526- DO-O'~I SCALE.. 1"=60' ,TAI4OAR"/ ?.. 5, J99~