CC Resolution No. 98-271RESOLUTION NO. 98-271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING
DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY
DESIGNATED "IMPERIAL AVENUE 98-08% APPROXIMATELY 0.439 ACRE LOCATED
ON THE SOUTH SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND
ALCAZAR AVENUE; Y1NN (APN 357-19-051)
WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in
the County of Santa Clara consisting of 0.439 acre on the south side of Imperial Avenue (APN
357-19-051) has been filed by property owner Shyh-Hung Yinn; and
WHEREAS, on October 5, 1998, the City Council adopted Resolution No. 98-243
initiating proceedings for annexation of the area designated "Imperial Avenue 98-08"; 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 ifa 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; 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 "Imperial Avenue 98-08% 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 0.439 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.
Resolution No. 98-271 Page
The City Council on May 16, 1983, enacted an ordinance prezoning the subject
territory to City of Cupertino R1-7.5 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.
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 2nd day of November, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAiN:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
VED:
Mayor, City of Cupertino
"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
David 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 fi'om David M. Noonan, et ux, to County of Santa Clara, dated September 18, 1939 and
recorded November 3,1939 in Book 952 of Official Records, Page 471; thence nmning parallel
with Southerly line of Olive Street, N 89 deg. 57' 30" E, 135.00 feet to a point in the Westerly
bom~dary line of existing annexation 0-83;
Thence along the said Westerly boundary line of existing annexation 0-83, South 75.00 feet;
Thence leaving said Westerly boundary linc of existing annexation 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 I. mperial 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 R-3109;
Thence along said Southerly boundary line of existing aanexation 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 (L
¢_
<
SCALE: 1"= 100'{
i/
EXISTING __/L!
ANNEXATION
R-3109
LEGEND
EXISTING
ANNEXATION
ERIAL 89-09
~,,~ EXISTING
NEXATION
R-8483
N 89 ;57 50" EI P.O.B. I
--'~ I
~ o ~o ~ EXISTING
0.439 ACRES
BOUNDARY LINE OF
PROPOSED ANNEXATION ·
BOUNDARY LINE OF
EXISTING ANNEXATION
EXISTING CITY LIMITS
STEVEN¢ CRK. BLVD.
0 GRANADA< AVE. ~t~
LOMITA ~ AVE. ~,u~
]
OLIVE AVE ~__ t
--~,,~ SITE.
AhCAZAR AV~ ~
~cCh~hhAN 90
VICINITY MAP
NOT TO SCALE
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED IMPERIAL AVE. 98-08
DATE: MAY, 1998 SCALE: 1"=100'
BY: d.C. REVISED:
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302, SAN JOSE, CA 95160