CC Resolution No. 98-242- RESOLUTION NO. 98-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "GARDEN GATE DRIVE 98-07", APPROXIMATELY
0.229 ACRE LOCATED ON THE SOUTH SIDE OF GARDEN GATE DRIVE
BETWEEN BEARDON DRIVE AND BANDLEY DRIVE; LEE (APN 326-33-016)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.229 acre on the south side of
Lomita Avenue (APN 326-22-016) has been filed by property owner Sherry Lee; and
WHEREAS, on September 8, 1998, the City Council adopted Resolution No. 98-
223 initiating proceedings for annexation of the area designated "Garden Gate Drive 98-
07"; 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 all 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 "Garden Gate Drive 98-07", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.229
acre.
Resolution No. 9fl-24~ Pltg~ 9
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.
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.
The City Council on April 20, 1998, enacted an ordinance prezoning
the subject territory to City of Cupertino RI-10 zone.
Annexation to the City of Cupertino will affect no changes in special
districts.
That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
That the annexation is made subject to no terms and conditions.
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.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
That the proposed annexation does not split line of assessment of
ownership.
That the proposed annexation is consistent with the City's General Plan.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
2
Resolutlon No. 0§-24~ Page
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 5th day of October, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
City Clerk~~~
Mayor, City of Cupertino
"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 [!~e 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" wlfich Map was flied for record in the Office of the Recorder of thc Comity of Saata
Clara, State of C,4.1ilbmia, on Septcmber 6, 1950 in Book 30 of Maps, at Page 30, 3 I, 32 mid 33
more particularly described as l'ollows:
Begimfing at the point of intersection of tile southerly line of Garden Gate Drive ( 60 feet wide )
with the line dividing Lot i77 mid 178 of the Subdivision hercinabovc referred to, said point also
being the northwest corner of Lot 177, thence along the said dividing line South 134.15 feet to a
Line of the Original Incorporation of the City of Cupertino;
Thence along said Line N 89056' 55" E 74.55 feet to thc westerly line of the Original
Incorporation of October 1955 of said City;
Thence N 00004' 00" W along tile said westerly Ii,lc of Original Incorporation, 134.09 feet to tile
intersection of the southerly line of Garden Gate Drive;
· Thence along the line West 74.40 feet to thc Point of Begimfing.
Contai~fing: 9,989 square feet, more or less.
0.229 acres, more or less
A.P.N.: 326-33-016
2553~
~-k~' 12/a '/=' I
N
SCALE: i"=100'
LEGEND
GARDEN GATE DR,
N
APN 326-33-016
LOT 177
9,989 SQ. FT.
0.229 ACRES
WEST,/.~ ! ORIGINAL
!4.40-,,'~; ~ INCORPORATION
o~
,LOT ~'8 ~
N 8¢ 8'55" E
F~ARGO
DR.
HANFORD ~ {DR.
GARDEN ATE DR
SITE '~/
VICINITY MAP
NOT ~-O SCALE
EXHIBIT B
BOUNOARY LINE OF . ~'
PROPOSEO ANNEXATION'' -/
BOUNDARY LINE OF DATE: MAY, 1998 SCALE: I"=100'
EXISTING ANNEXATION
EXISTING CITY LIMITS BY: J.C. REVISED:
JAMES C. CHEN, C.E., S.E.
P,O.BOX 20302, SAN JOSE, CA 95160
PROPOSED ANNEXATION
TO THE CiTY OF CUPERTINO
ENTITLED GARDEN GATE DR. 98-07