CC Resolution No. 99-106RESOLUTION NO. 99-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAK1NG DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "FARGO DRIVE 98-15", APPROXIMATELY 0.230
ACRE LOCATED ON THE SOUTH SIDE OF FARGO DRIVE BETWEEN GLENCOE
DRIVE AND THE CITY LIMITS; CURRY (APN 326-33-030)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.230 acre on the south side of
Fargo Drive (APN 326-33-030) has been filed by property owner Rose M. Curry; and
WHEREAS, on March 15, 1999, the City Council adopted Resolution No. 99-079
initiating proceedings for annexation of the area designated "Fargo Drive 98-15"; 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 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 "Fargo Drive 98-15", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.230
acre.
Resolution No. 99-106 Page 2
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 March 15, 1999, enacted an ordinance prezoning
the subject territory to City of Cupertino R 1-I 0 zone.
Annexation to the City of Cupertino will affect no changes in special
districts.
That the tenitory 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
Resolution No. 99-106 Page 3
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 19th day of April, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTA1N:
Members o__f the City Council
Burnett, Chang, Statton, Dean
None
James
None
ATTEST:
City Clerk
APPROVED:
Mayor, City ofl~upe~ino
- EXHIBIT "A"
ANNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA
ENTITLED "FARGO DRIVE 98-15"
All that certain real property situated in the County of Santa
Clara, State of California, being all of Lot 170 of Tract No.
783, "GARDEN GATE VILLAGE ADDITION" which map was filed in Book
30 of Maps at Pag~s 30-53, Santa Clara County Records described
as follows: ,
Beginning at the Northeasterly corner of said Lot on a Westerly
line of the O~iginal City Limits Line of the City of Cupertino;
Thence along the Northerly line of said lot, also being the
Southerly line of Fargo Drive, 60 feet wide, West 87.15 feet
to the Northwesterly corner of said Lot;
Thence along the Westerly line of said Lot, South 115.00 feet to
the Southwesterly corner thereof, said point also being the
Northwesterly corner of that certain annexation to the City of
Cupertino, California, entitled "Hanford Drive 97-11";
Thence along the Southerly line of said Lot also being the
Northerly line of said Annexation, East 87.28 feet to the
intersection of said Northerly line with the hereinabove referred
to Original City Limits Line, said point also being the
Southeasterly Corner of said Lot;
Thence along said Original City Limits Line, also being the
Easterly line of said Lot, North 0o04, .West 115.00 feet to the
point of beginning;
Containing 0.230 of an acre, more or less.
.Date: December 10, 1998
APN: 326-33-030
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FAP--~iO bR. m
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TRACT No. '783
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VlCl~tTh' ~
NoT TO S~ALfE-
EXI.ilB i T "~"
PROPOSEp ANNEXATION T'O TR.E
CIT¥OI~ COPER-riN. o, c~. EN'TITLED:
"Ftl R~ O ~AYlFE ..e8-15"
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