CC Resolution No. 98-243RESOLUTION NO. 98-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "IMPERIAL AVENUE 98-08", PROPERTY LOCATED ON THE
SOUTH SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND
ALCAZAR AVENUE; APPROXIMATELY 0.439 ACRE, Y1NN
(APN 357-19-051)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Imperial Avenue 98-08" from property owner, Shyh-
Hung Yinn; and
WHEREAS, the property, 0.439+ acres on the south side of Imperial Avenue
between Olive Avenue and Alcazar Avenue (APN 357-19-051) 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 May 16, 1983, to
City of Cupertino Pre P 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 hearing;
Resolution No. 9~-243 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 "Imperial Avenue 98-08" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of November 2, 1998.
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
Members of the City Council
AYES:
Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
G:cityclerk/resolutions/98-243
APPROVED:
Mayor, C~e~ino~ ~
2
- "EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
IMPERIAL AVENUE 98-08
MAY 1998
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the point on the Easterly line of that certain 4.95 acre tract of land conveyed by
I~avid M. Noonan, et ux, to Samuel E. Hawley, et ux, by Deed dated June 15, 1943 and recorded
June 18, 1943 in book 1147 of Official Records, Page 270, distant thereon, South 300.00 feet
from the point of intersection thereof with the Southerly line of Olive Street as established by
Deed from David M. Noonan, et ux, to County of Santa Clara, dated September 18, 1939 and
recorded November 3, 1939 in Book 952 of Official R.ecords, Page 471; thence framing parallel
with Southerly line of Olive Street, N 89 deg. 57' 30" E, 135.00 feet to a point in the Westerly
boundary line of existing annexation 0-83;
Thence along the said Westerly boundary line of existing ammxation 0-83, South 75.00 feet;
Thence leaving said Westerly boundary line of existi~g mmexation 0-83 and running parallel
with said Southerly line of Olive Street, S 89 deg. 57' 30" W, 195.00 feet to a point in the
Westerly line of Imperial Avenue, 60.00 feet wide right of way;
Thence along said Westerly line of Imperial Avenue, North 150.00 feet to a point in the
Southerly boundary line of existing annexation I~.-3109;
Thence along said Southerly boundary line of existing aimexation R.-3109, also parallel with said
Southerly line of Olive Street, N 89 deg. 57' 30" E, 60.00 feet to a point in the Easterly line of
said Imperial Avenue;
Thence along the said Easterly line of Imperial Avenue, South 75.00 feet to the Point of
Beginning.
Containing:
A. P.N.:
19,125 square feet, more or less.
0.439 acres, more or less
357 - 19 - 51
N ~
SCALE: 1"=100q
r//
ANNEXATION R-5109
EXISTING
ANNEXATION
ERIAL 89-09
/ N 89°57'50 El
30,i30, S 89°5T30" W ~
R-8483
LEGEND
BOUNDARY LINE OF
PROPOSED ANNEXATION
BOUNDARY LINE OF /
EXISTING ANNEXATION
EXISTING CITY LIMITS
EXISTING
ANNEXATION
0-83
APN 357-19-51
19,125 SO. FT.
0.459 ACRES
-0 GRANADA< AVE.
LO~,TA ~ <> AvE.
OLIVE AYE ~---
ALCAZAR AVE ~
McCLELLAN RD
VICINITY MAP
NOT TO SCALE
EXHIBIT
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED IMPERIAL AVE. 98-08
DATE: MAY, 1998 SCALE: f'=100'
BY: J.C. REVISED:
JAMES C. CNEN, C.E., S.E.
P.O.BOX 20302, SAN JOSE, CA 95160