CC Resolution No. 04-267
RESOLUTION NO. 04-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND ORDERING THE CHANGE OF
REORGANIZATION OF TERRITORY DESIGNATED "MONTA VISTA 02-07",
CONSISTING OF I) ANNEXATION OF ABOUT 43.41 ACRES OF TERRITORY
GENERALLY BOUNDED BY STEVENS CREEK BOULEVARD, UNION PACIFIC
RAILROAD TRACKS, MCCLELLAN ROAD AND BLACKBERRY FARM, AND
2) THE DETACHMENT OF THE SAME TERRITORY WITHIN THE SANTA
CLARA COUNTY LIGHTING SERVICE AREA
WHEREAS, on January 5, 2004, the City Council adopted Resolution No.
04-238, initiating proceedings for annexation of the area designated "Monta Vista 02-07";
and detaching the same territory that is within the Santa Clara County Lighting Service
Area.
WHEREAS, Section 56757 of the California Government Code states that the
Local Agency Fonnation 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 reorganization; and
WHEREAS, said territory is inhabited and all owners of land included in the
proposal have not consented to this reorganization; and
WHEREAS, in accordance with Sections 57025 and 56157 of the California
Government Code, the City of Cupertino has provided mailed notice ofthe hearing on the
reorganization to all property owners of record and registered voters within 300 feet of
the exterior boundary of the affected territory, affected agencies and other interested
parties, and notification of eligibility of the affected property owners and registered
voters to protest this City-initiated proceeding with instructions on how to prepare a
valid, written protest; and
WHEREAS, the City of Cupertino opened and conducted a public hearing on the
reorganization in accordance with Section 57050 of the California Government Code, to
accept protests and withdrawals of protests, objections or evidence which is made,
presented, or filed; and
WHEREAS, the City of Cupertino, subsequently closed the public hearing on
February 2, 2004, and intends to detennine the value of the written protests in order to
take the appropriate action on the reorganization; and
Resolution No. 04-267
Page 4
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 17'" day of February 2004, by the following vote:
Vote
Members Qfthe Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Sandoval, Wang
None
Lowenthal
None
ATTEST:
APPROVED:
~~ti
city Clerk 0'
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
MONT A VISTA -02-07
All of that real property situate in the County of Santa Clara, State of California, not
previously annexed to the City of Cupertino and lying within the area delineated by a
boundary that is described as follows:
BEGINNING at the Northeast corner of Parcel A as shown on that certain Record of
Survey recorded on July 9, 1964 in Book 182 of Maps at page 5, Santa Clara County
records, said point also being on the Southerly boundary of Stevens Creek Boulevard and
the Westerly boundary of the annexation to the City of Cupertino entitled "McClellan No. 1-
A"; thence leaving the Northerly boundary of said Parcel A and proceeding Northwest along
the Westerly boundary of annexation McClellan No. 1-A N20.30'09"W 43.34 feet more or
less to the intersection thereof with the center line of Stevens Creek Boulevard, 71.00 feet
wide as shQwn on said map; thence leaving the Westerly bou~pary of said annexation
McClellan No. 1-A and continuing along the Southerly boundary of annexation McClellan
No. 1-A N90000'00"W 201.70 feet more or less to a point on the Southeasterly corner of
the annexation to the City of Cupertino entitled "Rifred; 63-9"; thence leaving the Southerly
boundary of the aforementioned annexation McClellan No. 1-A and continuing along said
Southerly boundary of annexation Rifredi 63-9 N90.00'00.W 125.00 feet more or less to a
point on the Southerly boundary of the aforementioned annexation McClellan No.1-A;
thence leaving the Southerly boundary of the aforementioned annexation Rifredi 63-9 and
continuing' along said Southerly boundary of annexation McClellan No. 1-A N90000'00"W
93.82 feet to a point on the Westerly boundary of said annexation McClellan No.1-A;
thence leaving the Southerly boundary of said annexation McClellan No. 1-A and
continuing along the Westerly boundary of annexation McClellan No. 1-A NOOoOO'OO"W
29.93 feet more or less to the Southeasterly comer of the annexation to the City of
Cupertino entitled "Mann/Adriana 80-32"; thence leaving the Westerly boundary of the
aforementioned annexation McClellan No. 1-A and continuing along said boundary of
annexation Mann/Adriana 80-32 N90000'00"W 35.00 feet more or less to a point on the
Easterly boundary of the annexation to the City of Cupertino entitled "Mann 80-3"; thence
leaving the boundary of the aforementioned annexation Mann/Adriana 80-32 and
continuing along said boundary of annexation Mann 80-3 SOO.OO'OO"W 30.00 feet more or
less to a point on the Southerly boundary of said annexation Mann 80-3; thence continuing
along said Southerly boundary N90000'00"W 296.73 feet more or less to a point on the
Easterly boundary of said annexation Mann 80-3; thence along said Easterly boundary
SOOOOO'OO"W 30.00 feet more or less to a point on the boundary of aforementioned
annexation Mann/Adriana 80-32; thence leaving the Easterly boundary of the
aforementioned annexation Mann 80-3 and continuing along said Easterly boundary of said
annexation Mann/Adriana 80-32 SOOOOO'OO"W 298.12 feet more or less to a point on the
Northerly boundary of Granada Avenue and the Southerly boundary of said annexation
Mann/Adriana 80-32; thence leaving the Easterly boundary of annexation Mann/Adriana
80-32 and continuing along the Southerly boundary of annexation Mann/Adriana 80-32
N90o00'00"W 205.30 feet more or less to a point on the Westerly boundary of annexation
Mann/Adriana 80-32; thence leaving the Northerly boundary of Granada Avenue and
proceeding along said .boundary of annexation Mann/Adriana 80-32 NOOOOO'OO"W 198.12
feet more or less; ther. N90o00'00"W 1 00.12 feet more less; thence SOooOO'OO"W
198.12 feet more or less to a point on the Northerly boundary of Granada Avenue; thence
continuing along said Northerly boundary N90o00'OO"W 300.45 feet more or less; thence
leaving the Northerly boundary of Granada Avenue and proceeding along the boundary of
annexation "Mann/Adriana 80-32" NOOoOO'OO.W 328.15 feet more or less to a point on the
monument line of Old Stevens Creek Blvd. as shown on that certain Parcel Map recorded
May 26, 1983 in Book 513 of Maps at page 19, Santa Clara County records; thence
continuing along said monument line and said boundary line of annexation Mann/Adriana
80-32 N90o00'00"W 220.00 feet more or less to a point on the monument line of Byrne
Avenue as shown on said Parcel Map and the boundary of the annexation to the City of
Cupertino entitled "Byrne 78-2"; thence leaving the boundary of the aforementioned
annexation Mann/Adriana 80-32 and continuing along said boundary of annexation Byrne
78-2 N90o00'00"W 20.00 feet more or less to a point on the Westerly boundary of Byrne
Avenue; thence continuing along said Westerly boundary SOO.OO'OO.W 290.00 feet more
or less; thence continuing along the boundary of said annexation Byrne 78-2 N90o00'00"W
305.33 feet more or less to the Northwest corner of Lot no. 31 as shown on that certain
map entitled "Tract No. 150, Stevens Creek Subdivision Map No.2," as recorded in Book 5
of Maps at pages 4 and 5 Santa Clara County records, said point also being on the
Easterly boundary of the annexation to the City of Cupertino entitled "Blackberry 91-0";
thence leaving the Southerly boundary of the aforementioned annexation Byrne 78-2 and
continuing along said Westerly boundary of said Tract Map and the Easterly boundary of
said annexation Blackberry 91-0 the following courses and distances: S03.03'00"E 101.84
feet, S06°43'30"W 126.05, S15°04'00"E 95.58 feet, S01°41'30"E 92.22 feet, S06°15'00"E
48.91 feet, S28°53'00"E 140.96 feet, S04°26'30"E 139.81, S03°16'30"W 109.72,
S08°29'30"E 1 01.39 feet, S46°15'30"E 47.28 and SOooOO'OO.W 462.56 feet more or less to
a point on the Southwest comer of Lot no. 11 as shown on said Tract Map and the
Northerly boundary San Fernando Avenue; thence continuing along said Northerly
boundary and along the Southeasterly boundary of the aforementioned annexation
Blackberry 91-0 S57°30'OO"W 165.98 feet more or less to the Westerly boundary of San
Fernando Avenue; thence continuing along the Westerly boundary of San Fernando
Avenue and the Southeasterly boundary of the aforementioned annexation Blackberry 91-0
SOooOO'OO"W 30.00 feet more or less to the Northeast comer of Lot 59 as shown on that
certain map entitled "Tract No. 211 Stevens Creek Subdivision Map No.4. as recorded in
Book 7 of Maps at page 31 Santa Clara County records; thence leaving the Westerly
boundary of San Fernando Court and proceeding along the boundary of the
aforementioned annexation Blackberry 91-0 and the Northerly boundary of said Lot 59
S69°11 '30.W 124.90 feet more or less to an angle point on the Northerly boundary of said
Lot 59; thence continuing along the boundary of said subdivision as shown on the
aforementioned Map for Tract No. 211 and the boundary of the aforementioned annexation
Blackberry 91-0 the following courses and distances: S83°09'00"W 239.08 feet,
S42°55'00"W 138.86 feet, S36°42'00"E 47.56 feet, S33°31'OO"E 93.06 feet, S30o31'OO"E
79.45 feet and S45°33'OO"E 189.70 feet more or less to the Southwest comer of Lot 43 as
shown on aforementioned Map for Tract No. 211; thence along the Easterly boundary of
the aforementioned annexation "Blackberry 91-0" the following courses and distances:
S12°00'00"E 61.34 feet, S24°04'30"E 92.58 feet and S12°51'30.W 172.35 feet more or
less to the Southwest corner of Lot 4 as shown on that certain map recorded in Book 649
of Maps at pages 41 and 42, Santa Clara County Records, said point also being on the
Northern boundary of the annexation to the City of Cupertino entitled "D'Amico 72-6A";
thence leaving the boundary of aforementioned annexation "Blackberry 91-0" and
continuing along said boundary of annexation "D'Amico 72-6A" and the Northerly boundary
of McClellan Road N90000'00"E 351.37 feet more or less to a point on the Easterly
boundary of aforementioned annexation "D'Amico 72-6A"; thence leaving the Northerly
boundary of McClellan Road and continuing along the Easterly boundary of aforementioned
annexation "D'Amico 72-6A" SOOOOO'OO"E 40.00 feet more or less to a point on the
Southerly boundary of McClellan Road; thence continuing along said boundary of
McClellan Road and said boundary of aforementioned annexation "D'Amico 72-6A" along a
non-tangent curve to the left with a radial bearing of NOooOO'OO"E, a radius of 15.00 feet an
internal angle of 90° and an arc length of 23.56 feet to a point of tangency on the Easterly
boundary of said McClellan Road; thence continuing along said boundary of McClellan
Road and the Easterly boundary of aforementioned annexation "D'Amico 72-6A"
SOooOO'OO"E 205.24 feet more or less to a point on the Northerly boundary of the
annexation to the City of Cupertino entitled "McClellan 70-6"; thence leaving the Easterly
boundary of the aforementioned annexation "D'Amico 72-6A" and the Easterly boundary of
the aforementioned McClellan Road and proceeding along said Northerly boundary of said
annexation "McClellan 70-6" N90o00'00"E 164.00 feet more or less to a point on the
Easterly boundary of aforementioned annexation "McClellan No.1-A"; thence leaving the
Northerly boundary of aforementioned annexation "McClellan 70-6" and proceeding along
said boundary of aforementioned annexation "McClellan No.1-A" NOooOO'OO"E 240.24 feet
more or less to a point on the center line of aforementioned McClellan Road; thence
continuing along said center line of McClellan Road and said boundary of aforementioned
annexation "McClellan No.1-A" N90000'OO"E 861.62 feet; thence leaving said center line
and proceeding NOooOO'OO"E 30.00 feet more or less to a point on the Northerly boundary
of McClellan Road and the Easterly boundary of Orange Avenue; thence leaving the
Northerly boundary of McClellan Road and continuing along said Easterly boundary of
Orange Avenue and the boundary of aforementioned annexation "McClellan No.1-A"
NOooOO'OO"E 339.90 feet more or less; thence leaving the Easterly boundary of Orange
Avenue and continuing along the boundary of aforementioned annexation "McClellan No.
1-A" N90000'OO"E 130.00 feet more or less; thence NOooOO'OO"E 50.00 feet more or less;
thence N90o00'OO"E 168.25 feet more or less; thence NOooOO'OO"E 100.00 feet more or
less; thence N90o00'00"E 161.87 feet more or less; thence NOooOO'OO"E 170.50 feet more
or less; thence N90o00'00"E 330.00 feet more or less; thence NOOOOO'OO"E 1,782.75 feet
more or less; thence continuing along the boundary of aforementioned annexation
"McClellan No.1-A" N20o30'09"W 159.13 feet more or less to the point of BEGINNING of
this description.
The parcels to be annexed within the above described boundary have a total area of 43.41
acres more or less and lie entirely within the County of Santa Clara, State of California.
Revised 9-18-03
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