CC Resolution No. 99-239RESOLUTION NO. 99-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAK1NG DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "GREENLEAF DRIVE 99-03", APPROXIMATELY
0.235 ACRE LOCATED ON THE NORTH SIDE OF GREENLEAF DRIVE
BETWEEN BEARDON DRIVE AND STELLING ROAD; WANG (APN 326-09-05)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.235 acre on the north side of
Greenleaf Drive (APN 326-09-05) has been filed by property owner Lisa Lei Wang; and
WHEREAS, on July 6, 1999, the City Council adopted Resolution No. 99-197
initiating proceedings for annexation of the area designated "Greenleaf Drive 99-03";
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 "Greenleaf Drive 99-03", 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 0.235
acre.
Resolution lqo. 299 Page
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 aimexing 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 17, 1999, enacted an ordinance prezoning
the subject territory to City of Cupertino RI-10 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.
g. 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.
k. 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.
Resolution No. 2S0 Page
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 16~ day of August, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAiN:
Members of the City Council
Bumett, Chang, James, Statton, Dean
None
None
None
ATTEST:
City Clerk
APPROVED:
Mayor, Cityd Cupertino
3
EXHIBIT A ~'
ANNEXATION TO THE CITY OF CUPERTINO
GREENLEAF DRIVE 99- 03
MARCH 1999
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 Southeast comer of Lot 13, also the Northerly line of Greenleaf
Drive, as shown upon that certain Map entitled," Tract No. 783, Garden Gate Village Addition",
which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State
of California on September 6, 1950 in Book 30 of Maps, at pages 30, 31, 32 and 33;
Thence running with Southerly boundary line of said Lot, West 74.50 feet to a point in the
Westerly boundary line of said Lot;
Thence running with the Westerly boundary line North 137.26 feet to a point of the Northerly
boundary line of said Lot, also the Southerly limits of incorporation of the City of Cupertino;
Thence along said City limits and running with said Northerly boundary line N 89° 51' 20" E
74.50 feet to a point in the Easterly boundary line of the said Lot;
Thence rmming with the said Easterly boundary line South 137.45 feet to the Point of Beginning.
Containing: 10,233 square feet, more or less.
0.235 acres, more or less
A. P. N.: 326 - 09 - 05
N
()
SCALE; 1"=100'
APN 526-09-05
LOT 15
10,255 SQ. FT.
0.235 ACRES
CITY OF CUPERTINO
AS ESTABLISHED
BY ORIGINAL
INCORPORATION
~F///, 74, 50';
74.50'
GREENLEAF DR.~
P.O.B.
N
,)
VALLEY
SITE~D
--
GREENLEAF
FARGO
VICINITY MAP
NOT TO SCALE
LEGEND
BOUNDARY LINE OF
PROPOSED ANNEXATION
EXISTING CITY LIMITS
25538
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED GREENLEAF DR. 99-03
DATE: MARCH 1999 SCALE: 1"=100'
BY: d.C. REVISED:
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302, SAN JOSE, CA 95160