CC Resolution No. 00-043RESOLUTION NO. 00-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "FESTIVAL DRIVE 99-13", PROPERTY LOCATED ON THE EAST
SIDE OF FESTIVAL DRIVE BETWEEN KENMORE COURT AND OROGRANDE
PLACE; APPROXIMATELY 6.85 ACRES, EUBANKS, WARE, ARGENTI,
PERUSINA, AND DIXON; (APNS 362-17-002, 362-17-067, AND HIGHWAY 85
RIGHT OF WAY)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Festival Drive 99-13" fi.om property owners, Anne
Eubanks, Richard & Pamela Ware, Carla & Jerome Argenti, Nicholas Pemsina, and Mary
K. Dixon; and
WHEREAS, the property, 6.85+ acres on the east side of Festival Drive between
Kenmore Court and Orogrande Place (-APNs 362-17-002, 362-17-067, and Highway 85
right of way) 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 August 25, 1980
(APN 362-17-067) to City of Cupertino Pre R1-6; on January 3, 2000 (APN 362-17-002)
to City of Cupertino Pre R1-6 zone; and on August 25, 1980 (Highway 85 right of way)
to City of Cupertino Pre-T 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;
Resolut;on No. 00-043 Page
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 "Festival Drive 99-13" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of March 6, 2000.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of February, 2000, by the following vote:
Vote
Members of the City .Council
AYE S:
Bumett, Chang, James, Lowenthal, Statton
NOES: None
AB SENT: None
ABSTAIN: None
ATTEST:
APPROVED:
~f Cupertino
FESTIVAL DR. 99-1 3
EXHIBIT "A"
Annexation to the CiTY OF CUPERTINO
Date: October 21, 1999
Revised: December 27, 1999
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at the most northwesterly corner of Lot 7, as said lot is shown on that certain
map of Tract No. 7694 recorded in Book 544 of Maps at pages 56 and 57, Santa Clara
County Records, said comer being on the easterly boundary of Annexation "S. Stelling
Road 81-3"; thence northerly and easterly along said boundary North 0002'50" East
257.86 feet; thence South 89059'38" East 230.31 feet; thence North 42041'46" West
27.22 feet to a point on the southerly line of Annexation "Stelling No. 12" (now Cupertino
per San Jose-Cupertino Municipal Reorganization); thence along said southerly line
South 89059'38· East 367.68 feet to the most westerly comer of Annexation "Stelling
Road 88-05"; thence along the southwesterly line of said annexation South 47°02'51"
East 315.52 feet to the beginning of a curve; thence along a curve to the left through a
central angle of 85034'46" having a radius of 25.00 feet, an arc distance of 37.34 feet to
a point of reverse curvature; thence along a curve to right through a central angle of
12°04'41" having a radius of 232.50 feet, an arc distance of 49.01 feet; thence North
59027'04" East 15.73 feet to a point on the westerly line of Annexation "Stelling Rd 'D'
80-45"; thence along said westerly line South 0°02'50" West 495.51 feet to a point on
the northeasterly boundary of Annexation "Orogrande 79-7"; thence westerly and
northerly along the boundary thereof North 89059'00" West 229.20 feet; thence North
0002'50" East 270.80 feet; thence South 72002'28" West 46.24 feet; thence South
35017'28" West 19.39 feet to the most easterly comer of Annexation "South Stelling
Road 85-03'., said corner being on the southwesterly line of Festival Drive; thence along
the northeasterly line of said annexation North 40040'22" West 337.52 feet; thence along
the northerly boundary of said annexation South 88011'55" West 27.39 feet; thence
South 45o02'50· West 141.95 feet; thence North 89059'38" West 174.69 feet to said
Annexation "S. Stelling Road 81-3"; thence along the easterly boundary thereof North
89059'38" West 90.40 feet to the point of beginning.
Containing 6.85 acres, more or less.
Charles W. Davidson Co.
Ray R. Bold
R.C.E. 14. 8
License Exp. 3-3%01
l . ~ A44DERA NO. 17
STELLINC RD I ~ NOV/ CUPER~NO PER
'O' 80-45 ,, ~SAN JOSE-CUPERTINO MUNICIPAL REORGANIZATION
~5 '~,,,_._.c -- '--SrEU;NO ~OA~- ....... -~ ........
- ~ ...... ~:;,~7;~:7:: ...... ~'~=~ ........ 5 ........... ~'~'~'~'7
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S, STELUNG ROAD 81-3
LOCATION MAP
LEGEND:
.... ANNEXATION BOUNDARY &
.... PRL'~OU$ ANNEXATION BOUNDARY
ASS~$OR'S PARC££ NUMBER
~NNEXATION AREA: 6.85 ACRES
REVISED: 12-27-99
EXHIBIT
PROPOSED ANNEXATION
TO THE CI1Y OF CUPERTINO
ENTITLED: FESTIVAL DR. 99-IJ