CC Resolution No. 99-123RESOLUTION NO. 99-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "SAN FERNANDO COURT 98-13",
APPROXIMATELY 0.450 ACRE LOCATED ON THE SOUTH SIDE OF SAN
FERNANDO COURT BETWEEN SAN FERNANDO AVENUE AND WEST OF SAN
FERNANDO AVENUE; PARIKH, SIMONINI AND GOODMAN (APNS 357-12-069
AND 357-12-015)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.450 acre on the south side of San
Fernando Court (APNs 357-12-069 and 357-12-015) has been filed by property owners
Jayesh Parikh, Rick Simordni, Jack Goodman, and Madlyn Goodman; and
WHEREAS, on April 5, 1999, the City Council adopted Resolution No. 99-088
initiating proceedings for annexation of the area designated "San Femando Court 98-13";
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 hearing; 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 "San Fernando Court 98-13",
more particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Regolution No. 99-123 Page
That said territory is uninhabited and comprises approximately 0.450
acre.
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 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.
Resolution No. 99-123 Page
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 3rd day of May, 1999, by the following vote:
Vote
AYE S:
NOES:
ABSENT:
ABSTAIN:
Members o__f the City Council
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
APPROVED:
Mayor, C/ity~Cupertin~o
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED SAN FERNANDO CT. 98-13
DATE: OCTOBER, 1998
PARCEL I
All that real property situate in the County of Santa Clara, Statc of Calilbrnia described as
lbllows:
Beginning at the northwesterly corner of Lot 43 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 southerly line of San Fernando Court as shown on said Map and beiug on thc
southerly liue of that certain Annexation to the City of Cupertino entitled, "San Fernando
Ct. 98-02", and being the northeasterly corner ol'that certain Annexation to tile City o1'
Cupertino entitled, "Sail Fernando Ct. 91-02'; thence along thc westerly line ol' said Lot
43 S 23°43'00' W 135.44 Feet to the southeasterly cornet' of said Annexation "San
Fernando Ct. 91-02", said point being on the northeasterly line of that certain Annexation
to thc City ol'Cupertino entitled, "Blackberry 91-0"; thence along the southerly linc o1'
said Lot 43 and said Annexation "Blackberry 91-0" S 45o33'00" E 20.00 feet; thence
along the said Annexation "Blackberry 91-0" and the northerly line of that certain
Annexation to the City of Cupertino entitled, "McClelland Rd. 87-04" East 68.08 l'cct to
thc southeasterly corner of said Lot 43; thcucc along the easterly linc oFsaid I,ot 43
N 6047'00" E 124.42 I'cct to the southerly lines of said San Fcrnando Court and said
Annexation "San Fernando Ct. 98-02"; thence along last nalned line along a tangent
curve to the right from a tangent which bears N 78°31 '00" W thru a central angle of
14°34'00" with a radius oF 177.31 fcet tbr an arc length o£45.08 l'cet to the POINT OF
BEGINNNING.
Said parcel of land containing 8,657 square I'ect or 0.199 acres, lllore or less.
l'repared by:
Marvin D. Kirkeby
R.C.E. No. 14001
F, xpires 3/31/2001
EXHIBIT "A"
ANNEXATION TO TIlE CITY OF CUI'ERTINO
ENTITLED SAN FERNANDO CT. 98-13
I)ATE: OCTOBER, 1998
PARCEL 2
All that certain real property situate in the County of Sa ~ta Clara, State of California
described as follows:
Beginning at the southeasterly corner of Lot 48 as shown on that ccrtain Map cntitlcd,
"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
almexation 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 36o42'00" 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 42°55'00'' E 42.64 feet;
thence leaving said line S 69o04'24'' E 129.69 feet to the northwesterly line of said San
Femando Court and said Annexation "San Fernando Ct. 98-02"; thence along said linc of
San Fernando Court and said Annexation "San Fernando Ct. 98-02 along a curve to the
left fi'om a tangent which bears S 20o55'36" W thru a central angle of 44°12'46' with a
radius of 50.00 feet for an arc length of 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. Kirkeby
R.C.E. No. 14001
Expires 3/31/2001