CC Resolution No. 01-050RESOLUTION NO. 01-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "LAVINA COURT 00-11", APPROXIMATELY 0.26
ACRE LOCATED ON THE NORTH SIDE OF LAVINA COURT BETWEEN FLORA
VISTA AVENUE AND ARBOR DRIVE; WONG AND FANG (APN 326-08-024)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.26_+_ acre on the north side of
Lavina Court (APN 326-08-024) has been filed by property owners Dennis Ren Yeon
Wong and Karen Shih-Hui-Fang; and
WHEREAS, on March 5, 2001, the City Council adopted Resolution No. 01-032
initiating proceedings for annexation of the area designated "Lavina Court 00-11 "; and
WHEREAS, said tenitory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 56757 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 armexation 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 56757of the Government
Code for the annexation of property designated "Lavina Court 00-11% 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 0.26
acre.
Resolution No. 01-050 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 January 16, 2001, 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.
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 56837
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
Resolution No. 01-050 Page
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the temtory 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 5th day of March, 2001, by the following vote:
Vote
Members of the City Council
AYES:
Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk If
APPROVED:
~'~mh~oi, City of ~no
EXHIBIT "A"
ANNEXATION TO THE CITY OF
ENTITLED:
LAVINA CT. 00-11
CUPERTINO
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Lot 48 in Tract No. 631,
Garden Gate Village, a map of which was filed for record on May
23, 1949 in Book 22 of Maps at Page 56, Santa Clara County
Records, said Lot being more particularly described as follows:
Beginning at the most Southwesterly corner of said Tract No.
631, said point being distant N89°54'W 9.29 feet from the most
Northeasterly corner of that certain annexation to the City of
Cupertino, California, entitled "GRENOLA DR. 00-02";
Thence along the Westerly line of said Tract No. 631 also being
the Easterly line of that certain annexation to said City
entitled "STELLING PARK 65-6", N 0°03'55"W 511.50 feet to the
Southwesterly corner of said Lot 48 and the True point of begin-
ning of the herein described Lot;
Thence from said true point of beginning continue along the
Easterly line of said annexation, also being the Westerly line of
said Lot, N 0°03'55"W 163.25 feet to the most Norhtherly corner
thereof;
Thence leaving said Easterly line of said annexation and along
the Northeasterly line of said Lot, S43°03'50"E 176.24 feet to a
point on the curved portion of Lavina Court;
Thence along a curve to the left, along said curved portion of
said Court, from a tangent bearing of S60°15'40"W, having a
radius of 40 feet, through a central angle of 60°09'40'' an arc
distance of 42.00 feet to the Southeasterly corner of said Lot;
Thence along the Southerly line thereof N89°54'W 100.00 feet to
the true point of beginning.
Containing 0.2617 of an acre, more or less.
Date: September 20, 2000
APN: J26-08-024
Site Address: 21103 Lavina Court, Cupertino
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