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CC Resolution No. 99-088RESOLUTION NO. 99-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "SAN FERNANDO COURT 98-13", PROPERTY LOCATED ON THE SOUTH SIDE OF SAN FERNANDO COURT BETWEEN SAN FERNANDO AVENUE AND WEST OF SAN FERNANDO AVENUE; APPROXIMATELY 0.450 ACRE, PARIKH, SIMON1NI, AND GOODMAN (APNs 357-12-069 and 357-12-015) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "San Femando Court 98-13" from property owners, Jayesh P. Parikh, Rick Simonini, Jack Goodman, and Marilyn Goodman; and WHEREAS, the property, 0.450+ acre on the south side of San Femando Court between San Femando Avenue and west~f San Femando Avenue (APNs 357-12-069 and 357-12-015) 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 R1-7.5 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. 99-088 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 "San Femando Court 98-13" and detachment from the Santa Clara County Lighting Service District at their regular meeting of May 3, 1999. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5~h day of April, 1999, by the following vote: Vote Members of the City Council AYES: Bumett, Chang, James, Statton, Dean NOES: None ABSENT: None ABSTAIN: ATTEST: City Clerk APPROVED: EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ENTITLED SAN FERNANDO CT. 98-13 DATE: OCTOBER, 1998 PARCEL 2 All that certain real property situate in the County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 48 as shown on that certain Map entitled, "Tract No. 211 STEVENS CREEK SUBDIVISION MAP NO. 4", which map was filed for record in Book 7 of Maps at page 31, Santa Clara County Records, said point being on the southwesterly line of San Fernando Court and the southwesterly line of that certain annexation to the City of Cupertino entitled "San Fernando Ct. 98-02"; thence along the southeasterly line of said Lot 48 S 56o19'00" W 91.21 feet to the southwesterly corner of said Lot 48; thence along the southwesterly line of said Lot 48 N 33°31 '00" W 78.06 feet and N 36°42'00" W 47.56 feet to the northwesterly corner of said Lot 48; thence along the northwesterly line of Lots 48 and 49 of said Tract No. 211 N 42055'00" E 42.64 feet; thence leaving said line S 69°04'24" E 129.69 feet to the northwesterly line of said San Fernando Court and said Annexation "San Fernando Ct. 98-02"; thence along said line of San Fernando Court and said Annexation "San Fernando Ct. 98-02 along a curve to the left from a tangent which bears S 20°55'36" W thru a central angle of 44°12'46' with a radius of 50.00 feet for an arc length o~'38.58 feet to the POINT OF BEGINNING. Said parcel of land containing 10,932 square feet or 0.251 acres, more or less. Prepared by: Marvin D. Kirkcby R.C.E. No. 14001 Expires 3/31/2001 PARCEL. zoT 48 ¢ A ISAN KIRKEBY ENGINEERING 2397 FOREST AVENUE JOSE, CA 95128 (408} 984-0331 £XHISIT ~ [Ie/~OPOSEI) /~NAIEXAT/ON TO 'l SCALE.' THE' CITY OF Cz/?£/~TINO ENTITLF-~ DATE: