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CC Resolution No. 00-044RESOLUTION NO. 00-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "BERKELEY COURT 99-11", PROPERTY LOCATED ON BERKELEY COURT BETWEEN CRESTON DRIVE AND THE CUPERTINO CITY LIMITS; APPROXIMATELY 0.444 ACRE, ANGTO (APN 326-12-033) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Festival Drive 99-13" from property owner, Saifu Angto; and WHEREAS, the property, 0.444+ acres on Berkeley Court between Creston Drive and the Cupertino city limits (APN 326-12-033) 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 June 17, 1980 to City of Cupertino Pre Ri-10 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; 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 "Berkeley Court 99-11" and detachment from the Santa Clara County Lighting Service District at their regular meeting of March 6, 2000. l~esolut~on Nlo. 00-014 Page 2 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 AYEg: NOES: ABSENT: ABSTAIN: Members of the City Council gurnett, Chang, James, Lowenthal, gtatton None None None ATTEST: City Clerk APPROVED: ~ ~f Cupertino EXHIBIT A BERKELEY CT. 99-1 ! All of that real property situate in Santa Clara County, California described as follows: BEGINNING at the Southwesterly corner of Lot 116 as shown on the Map for Tract number 1456 recorded in Book 55 of Maps at page 40, Santa Clara County records, said point also lying along an Annexation line of the City of Cupedino, as defined by the Annexation titled "Ainsworth 67-3"; thence Nt0°51'10"E 187.36 feet along said Annexation line; thence N37°57'20"W 17.89 feet; thence leaving said Annexation line and proceeding N43°10'00"E 60.45 feet to a point on the boundary of Berkeley Court; thence along said boundary on a nontangent curve to the left with an initial tangent bearing of S46°50'00"E, an internal angle of 66°25'20'', a radius of 42.00 feet, and a length of 48.69 feet; thence leaving said boundary and proceeding along the Westerly line of said Lot 116 S23°15'20"E 116.60 feet; thence S51°00'00"W 202.00 feet to the point of BEGINNING. Containing 0.444 acre more or less and consisting of all of Lot 116 as shown on tile above- mentioned Map. Ang-exha.doc REVISED 12-I-99 EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED BERKELEY CT. 99-11 SCALE: 1" = 60' L=48.69' R=42.00' A= 66'25'20" N,37'57'20"E 17.89' CITY UMITS OF CUPERTINO LIMITS OF ANNEXATION __ "AINSWORTH 67-.3" VICIN TY MAP~X SiTE_~ o R: N45"10'OO"E LOT 1 POB APN 526-12-055 PROPOSED ANNEXATION 0.44 AC (19,170 SQ. FT.) CUPERTINO CITY LIMITS PROPOSED ANNEXATION LIMIT$ SEPTEMBER 22, 1999 REVISED 12-1-99