CC Resolution No. 00-077- RESOLUTION NO. 00-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "FESTIVAL DRIVE 99-13", APPROXIMATELY 6.85
ACRES LOCATED ON THE EAST SIDE OF FESTIVAL DRIVE BETWEEN
KENMORE COURT AND OROGRANDE PLACE; EUBANKS, WARE, ARGENTI,
DIXON AND PERUSINA (APN 362-17-067)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 6.85 acres on the west side of
Festival Drive (APN 362-17-067) has been filed by property owners Anne Eubanks,
Richard Ware, Pamela Ware, Jerome Argenti, Carla Argenti, Mary Dixon, and Nicholas
Perusina; and
WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00-
043 initiating proceedings for annexation of the area designated "Festival Drive 99-13";
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 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 "Festival Drive 99-13", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 00-077 Page
That said territory is uninhabited and comprises approximately 6.85
acres.
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 August 25, 1980 and January 3, 2000, enacted
ordinances prezoning the subject territory to City of Cupertino Pre R1-6
zone and Pre-T 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. 00-077 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 6th day of March, 2000, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
FESTIVAL DR. 99-13
EXHIBIT "A"
Annexation '~o 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 89°59'38" 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 0002'50" West 495.51 feet to a point on
the northeasterly boundary of Annexation "Orcgrande 79-7"; thence westerly and
northerly along the boundary thereof North 89059'00" West 229.20 feet; thence North
0°02'50" East 270.80 feet; thence South 72°02'28" West 46.24 feet; thence South
35°17'28" West 19.39 feet to the most easterly corner of Annexation "South Stetling
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 88°11'55" West 27.39 feet; thence
South 45002'50" West 141.95 feet; thence North 89°59'38" West 174.69 feet to said
Annexation "S. Stelling Road 81-3"; thence along the easterly boundary thereof North
89°59'38" West 90.40 feet to the point of beginning.
Containing 6.85 acres, more or less.
Chades W. Davidson Co.
Ray R. Bold
R.C.E. 14~'18
License Exp. 3-31-01
OROGRANDE 79-7
LOCATION MAP
.LEGEND:
.... PREVIOUS ANNEXATION BOUNDARY
--'-- STREET CENTERUN£
APN A$S~$OR'$ PARCEL NUMS£R
ANNEXATION AREA: 6.85 ACRES
REVISED: 12-27-99
EXHIBIT
PROPOSED ANNEXATION
TO THE OIlY OF CUPERTINO
ENTITLED: FESTIVAL DR. 99-15