CC Resolution No. 00-078RESOLUTION NO. 00-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BERKELEY COURT 99-1 l", APPROXIMATELY
0.444 ACRE LOCATED ON BERKELEY COURT BETWEEN CRESTON DR1VE
AND THE CUPERTINO CITY LIMITS; ANGTO (APN 326-12-033)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.457 acre on the east side of
Imperial Avenue (APN 326-12-033) has been filed by property owner Saifu Angto; and
WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00-
044 initiating proceedings for annexation of the area designated "Berkeley Court 99-11";
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 aimexation 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 "Berkeley Court 99-11", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.444
acre.
Resolution No. 00-078 Page 2
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 June 17, 1980, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre 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 Govemment 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.
2
Resolutlon No. 00-078 Page 3
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
AYE S:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City Clerk
./.."Mayor, City of 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 Cupertino, as defined by the Annexation titled
"Ainsworth 67-3"; thence N10°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 the 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'
66'25'20"
N37'57'20"E
17.89'
CITY UMITS OF CUPER'fiNO
LIMITS OF ANNEXATION
"AINSWORTH 67-.3"
%VICINITY MAP-'"'%
SiTE~ o
LOT
POB
-- R: N43'10'OO"E
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