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CC Resolution No. 98-223RESOLUTION NO. 98-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "GARDEN GATE DRIVE 98-07", PROPERTY LOCATED ON THE SOUTH SIDE OF GARDEN GATE DRIVE BETWEEN BEARDON DRIVE AND BANDLEY DRIVE; APPROXIMATELY 0.229 ACRE, LEE (APN 326-33-016) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Garden Gate Drive 98-07" from property owner, Sherry Lee; and WHEREAS, the property, 0.229+ acre on the south side of Garden Gate Drive between Beardon Drive and Bandley Drive (APN 326-33-016) 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 RI-10 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmemal 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 hearing; 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 "Garden Gate Drive 98-07" and detachmem from the Santa Clara County Lighting Service District at their regular meeting of October 5, 1998. Resolution No. 91t-223 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 8th day of September, 1998, by the following vote: Vote AYES: NOES: ABSENT: ABSTAiN: Members of the City Council Bumett, Dean, James, Statton, Chang None None None G:cityclerk/roberta/annexatio/garden gate APPROVED: Mayor, i~ofCu~o ~~ 2 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO GARDEN GATE DRIVE 98-07 MAY 1998 REVISED JULY 22, 1998 All that certain real property situate in Ce County of Santa Clara, State of California, more particularly described as follows; Lot 177, as shown upon that certain Map entitled," Tract No. 783, Garden Gate Village Addition" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on September 6, 1950 in Book 30 of Maps, at Page 30, 31, 32 and 33, more particularly described as follows: Beginning at the point of intersection of the southerly line of Garden Gate Drive ( 60 feet wide with the line dividing Lot 177 and 178 of the Subdivision hereinabove referred to, said point also being the northwest comer of Lot 177, thence along the said dividing line South 134.15 feet to a Line of the Original Incorporation o f the City of Cupertino; Thence along said Line N 89° 56' 55" E 74.55 feet to the westerly line of the Original Incorporation of October 1955 of said City; Thence N 00o04' 00" W along the said westerly line of Original Incorporation, 134.09 feet to the intersection of the southerly line of Garden Gate Drive; Thence along the line West 74.40 feet to the Point of Beginning. Containing: 9,989 square feet, more or less. 0.229 acres, more or less A. P.N.: 326-33-016 N O SCALE: 1""=100' N GARDEN GATE DR. /---APN 526-.35-016 ! LOT 177 bi / 9,989 SQ. FT. ?t- 0.229 ACRES ~o;~. W~ST..J O~,Gm~A~ I COR ORATIO ~T 1~6 I© N 8~ 56'55" E FARGO z DR. o HANFORD ~<~ DR. GARDEN GATE DR m- SITE VICINITY MAP NOT TO SCALE LEGEND BOUNDARY LINE OF PROPOSED ANNEXATION' BOUNDARY LINE OF EXISTING ANNEXATION EXISTING CITY LIMITS 25538 EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED GARDEN GATE DR. 98-07 DATE: MAY, 1998 SCALE: 1"=100' BY: J.C, REVISED: JAMES C. CHEN, C.E,, S.E. P.O.BOX 20302, SAN JOSE, CA 95160