CC Resolution No. 99-168- RESOLUTION NO. 99-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "IMPERIAL AVENUE 99-07", PROPERTY LOCATED ON THE
EAST SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND ALCAZAR
AVENUE; APPROXIMATELY 0.457 ACRE, YEH
(APN 357-19-049)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Imperial Avenue 99-07" from property owners, James
J. Yeh and Doris Yeh; and
WHEREAS, the property, 0.457+ acre on the east side of Imperial Avenue
between Olive Avenue and Alcazar Avenue (APNs 357-19-049) 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 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 heating;
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 99-07" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of July 19, 1999.
Resolution No. 99-168 Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21~t day of June, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
Members of the City Council
Bumett, Chang, James, Statton, Dean
None
None
ABSTAIN: None
ATTEST:
City C]erk~~~
APPROVED:
Mayor, City of ~upertino
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CA. ENTITLED:
IMPERIAL AVE. 99-07
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Parcel One as shown upon
that certain Record of Survey filed in Book 111 of Maps at Page
39, Santa Clara County Records and a portion of Imperial Avenue
as shown upon said Record of Survey, described as follows:
Beginning at the Northwesterly corner of said Parcel One on
the Easterly line of Imperial Avenue, 60 feet wide;
Thence along the Northerly line of said Parcel S89°57'30"E
135.00 feet to the Northeasterly corner thereof;
Thence along the Easterly line of said Parcel, also being
the Westerly line of that certain annexation of the City of
Cupertino entitled "McClellan lA", South 79.00 feet to the
Southeasterly corner of said Parcel;
Thence leaving said Westerly line of said annexation and
along the Southerly line of said Parcel One, N89°57'30"W
135.00 feet to the Southwesterly corner thereof on the East-
erly line of Imperial Avenue;
Thence continue N89°57'30"W 60.00 feet to the Westerly line
of Imperial Avenue;
Thence along said Westerly line North 154.00 feet to the
Southwesterly corner of that certain annexation of said City
entitled "Imperial Avenue 98-08";
Thence leaving said line of Imperial Avenue and along the
Southerly line of said annexation, S89o57'30.E 60.00 feet to the
Easterly line of Imperial Avenue;
Thence leaving said Southerly line of said annexation and
along the Easterly line of said Imperial Avenue, South 75.00 feet
to the point of beginnin§;
Containing 0.457 of an acre, more or less.
Date: April 20, 1999
APN: 35F-19-049
OLIVE AVR.
ALCAZAR AvE.
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EY,.H i E5 I T "ES"
FROPOfiED ANNEXATION
TO THE GIT'( OF CUPERTINO
EM'T/FLED:
IMPERIAL AV'E.:~')-07