CC Resolution No. 18-099 Making Determinations and Approving the Annexation of Teritory Designated Creston Drive 18-01, Property Located on the North Side of Creston Drive Between Groveland Drive and Alderney Court; ApproximatelyRESOLUTION NO. 18-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF
TERRITORY DESIGNATED "CRESTON DRIVE 18-01", PROPERTY
LOCATED ON THE NORTH SIDE OF CRESTON DRIVE BETWEEN
GROVELAND DRIVE AND ALDERNEY COURT; APPROXIMATELY 0.31
ACRE, SANEINEJAD AND MAHZOON (APN 326-12-089)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of approximately 0.31 acre on
the north side of Creston Drive between Groveland Drive and Alderney Court
(APN 326-12-089) has been filed by property owners Saneinejad and Mahzoon;
and
WHEREAS, said territory 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 review an annexation to any
city in Santa Clara County of unincorporated territory that is within the urban
service area of the city if the annexation is 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, on September 18, 2018, the City Council adopted Resolution
No. 18-093 initiating proceedings for annexation of the area designated "Creston
Drive 18-01"; and
WHEREAS, Government Code Section 56662(a) 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;
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:
Resolution No. 18-099
Page2
1. That it is the conducting authority pursuant to Section 56757 of the
Government Code for the annexation of property designated "Creston
Drive 18-01", more particularly described in Exhibits "A" and "B";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately
0.31 acre.
b. 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.
c. The City of Cupertino, as the Lead Agency for environmental
review determined that the annexation is categorically exempt from
CEQA pursuant to Title 14 California Code of Regulations, Section
15319.
d. The City Council on June 2, 1980, enacted an ordinance prezoning
the subject territory to City of Cupertino Rl-10 zone.
e. Annexation to the City of Cupertino will affect no changes m
special districts.
f. That the territory is within the city urban service area as adopted
by the Local Agency Formation Commission of Santa Clara
County.
g. That the annexation is made subject to no terms and conditions.
h. 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.
1. That the proposed annexation does not create islands or areas in
which it would be difficult to provide municipal services.
Resolution No. 18-099
Page 3
J· 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.
1. That the City has complied with all conditions imposed by the
Commission for inclusion of the territory in the City's urban
service area.
m. That the territory to be annexed is contiguous to existing City limits
under provisions of the Government Code.
3. That an affected agency has not submitted written demand for notice and
hearing pursuant to Government Code Section 56662(c).
4. That said annexation is hereby ordered without notice, public hearing or
election pursuant to Section 56662 et seq. of the Government Code.
5. That the Clerk of the City Council of the City of Cupertino is directed to
give notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 2nd day of October 2018, by the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
~»k 'Jt IP· t'I I
Grace Schmidt, City Clerk Darcy Paul, Mayor,
City of Cupertino
ADVANCED
DEVELOPMENT
EXHIBIT "A"
CRESTON DR. 18-01
ANNEXATION TO THE CITY OF CUPERTINO
GEOGRAPHIC DESCRIPTION
Page I of 1
All that real prope1ty situated in Santa Clara County, California, being all of Lot 15 as shown upon
that certain subdivision map entitled "Tract No. 1180 Creston", which map was filed for record in
the Office of the Recorder of the County of Santa Clara, State of California, on August 18, 1953 in
Book 44 of Maps at Page 53, being a portion of the San Antonio Rancho, and more particularly
described as follows:
BEGINNING at the most Westerly corner of said Lot, said point also lies on the Northeasterly
Right of Way line of Creston Drive, 60.00 feet in \.Vidth;
( l) Thence leaving said Right of Way North 49°27'00 " East, 183.95 feet to the most Nottherly
comer of said Lot, same point also lies on the existing Cupetiino City limits established by
"Homestead No. 3-C-Revised" annexation;
Thence along said City limits the following t\.vo (2) courses:
(2) South 35°54 '00 " East, 74.51 feet;
(3) South 42°49'00 " East, 0.74 feet to the most Easterly comer of said Lot;
( 4) Thence leaving said City limits South 49°27'00" West, 177 . 94 feet to the most Southerly
comer of said Lot and Notiheasterly Right of Way of said Creston Drive;
(5) Thence along said Northeasterly Right of Way line No1th 40°33 '00" West , 75 .00 feefto the
Point of BEGINNING.
Containing an area of0.311 Acre, more or less.
As shown on Exhibit "B" attached hereto and made a part hereof.
For assessment purposes only. This description of land is not a legal property description as
defined in the Subdivision 1'vfap A ct and may not be used as the basis for an offer for sale of the land
described.
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/,• / ,I""..,.. 1,.,-,b -----,• .. L.-.;;·L.-___ c::._ ___ -=~
Yaghoub Saidian, R.C.E. No. 33509
6-71 -2018
Date
8-08-2018
Revision Date
EXHIBIT "B~'
PROPOSED ANNEXATION 10
CITY OF CUPERTINO
CRESTON DR. 18-01
PORTION OF THE SAN ANTONIO RANCHO
LANDS OF
CUPER NO S.Q.V.W.O.
VICINITY MAP
N. T.S.
CITY Ll~ITS ~ . STEVENS ORES
---.1.. --2) S35'54'00"E 74.51' '1(.1 _ .£!.1Y_2f _g!fiBllliQ --
-----(ANNEXAllON BY HOMESTEAD
iiK; (3) S42'49 100 11E Ta:> OF NO. 3-C-REVISEO)
__ 3 ____ --------0.7~'---~ANK~----~0-N.lY OF SANTA CLARA
LOT LINE
LOT 14
TRACT NO. 1180
44-M-53
APN 326-12-075
LEGEND
POINT OF
BEGINNING
LOT 15
AREA=0.311 AC±
TRACT NO. 1180
. 44-M-53
APN 326-12-089
5 N40"33 00 W 75.00'
---PROPOSED ANNEXATION LIMITS
---LOT LINE
----CUPERTINO CITY LIMITS
DISCLAIMER:
LOT LINE
~
--LOT 16
TRACT NO. 1180
44-M-53
APN 326-12-073
R/W
R/W 0
COURSES;
1. N49"27'00E
2. S35"54'00"W
3. S42"49'00"E
4. S49"27'00"W
5. N40"33'00°W
183.95'
74.51'
0.74'
177.94'
75.00'
80
FOR ASSESSMENT PURPOSES ONLY, THIS DESCRIPTION OF LANO
IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE --~_.._ __
( IN FEET) SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS
FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. 1 INCH = 40 FT.
ADVANCED DEVELOPMENT APN 326-12-089
SCALE: 1 "=4-0' JOB NO.: 408
DATE: JUNE 21, 2018 INDEX: CUPERTINO
2933 BENJAMIN COURT
SAN JOSE, CALIFORNIA 95124
(408) 891 -168,9 DRAWN: AG REVISION DA TE: 8-8-2018