CC Resolution No. 98-190RESOLUTION NO. 98-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF TERRITORY DESIGNATED "N. STELLING ROAD 98-03",
APPROXIMATELY 0.754 ACRE LOCATED ON THE EAST SIDE OF N.
STELLING ROAD BETWEEN GARDEN GATE DRIVE AND HAZELBROOK
DRIVE; KOVALIK ET AL. (APN 326-30-091)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.754 acre on the east side of N.
Stelling Road (APN 326-30-091) has been filed by property owners Scott Carl Kovalik,
Marshall David Kovalik, Mary Anne Loban, Carol Anne Payne, Mark Stuart Loban,
Joseph P. Kovalik, Jennifer A. Kovalik, Nancy Stubbs, Mary Kovalik, Joseph W.
Kovalik, Carl S. Kovalik, and John A. Loban; and
WHEREAS, on June 15, 1998, the City Council adopted Resolution No. 98-143
initiating proceedings for annexation of the area designated "N. Stelling Road 98-03; 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 ail 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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "N. Stelling Road 98-03% more
particularly described in Exhibit "A";
Resolution No. 98-190 Page
That the following findings are made by the City Council of the CiW of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.754
acre.
b. 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.
c. 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.
d. The City Council on April 20, 1988, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre BQ zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. 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.
h. 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.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. 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.
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
Resolution No. 98-190 Page
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 20th day of July, 1998, by the following vote:
Members of the City Council
Bumett, Dean, James, Statton, Chang
None
Vote
AYES:
NOES:
ABSENT:
ABSTAiN:
None
None
ATTEST:
OVED:. '-
Mayor, City 0fCupertino ~' ~
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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PROPOSED .ANNEXATION TO THE
CITYOF COPERTINO ENTITLED:
"N, 5TELLIN~ ~P. 98-05"
APN,: 326,
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