CC Resolution No. 9085
RESOLUTION NO. 9085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "STELLING 94-02",
PROPERTY LOCATED ON THE WEST SIDE OF STELLING
ROAD BETWEEN RAINBOW DRIVE AND SQUlREHILL COURT;
APPROXIMA TEL Y 0.32 ACRE, SHY ARTS
(APN 362-23-035)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Stelling 94-02" from property owners, Emilia and
David Shvarts; and
WHEREAS, the property, 0.32± acre on the west side of Stelling Road between
Rainbow Drive and Squirehill Court (APN 362-23-035) is contiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on September 8, 1981,
to City of Cupertino RI-6 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
RESOLUTION NO. 9085
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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 hearing;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Stelling 94-02" at their regular meeting of June 6, 1994.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of May, 1994 by the following vote:
Vote Members ill~ Cili: Council
A YES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Isl Kim M. Smith
City Clerk
Isl Barb Koppel
Mayor, City of Cupertino
2
"EXHIBIT A"
Annexation to the City of Cupertino
Entitled Stelling 94-02
All that certain real property situated in the unincorporated area, County of Santa Clara, State of
California, described as follows:
BEGINNING at a point on the West line of Stelling Road, distant thereon N 0° 01' 20" E,
170.00 feet from the point of intersection of said line of Stelling Road with the Northerly line of
Rainbow Drive, said point of beginning also being along that certain annexation to the City of
Cupertino by resolution no. 8623 entitled "Stelling 91-3";
Thence from said point of beginning along said line of Stelling Road, N 0° 01' 20" E, 80.00 feet;
Thence leaving said line of Stelling Road and running parallel with said line of Rainbow Drive, S
89° 53' 00" W , 175.00 feet, to the easterly boundary of that certain annexation to the City of
Cupertino by resolution no. 7508 entitled "Manita Ct 88-02";
Thence parallel with said line of Stelling Road being an easterly boundary of the said annexation to
the City of Cupertino entitled "Manita Ct 88-02", S 0° 0 I' 20" W, 80.00 feet;
Thence parallel Witll said line of Rainbow Drive also being along tllat certain annexation to tlle
City of Cupertino entitled "Stelling 91-3", N 89° 53' 00" E, 175.00 feet to the point of beginning
and being a portion of the Southeast y.¡ of Section 23 in Township 7 South Range 2 West, Mount
Diablo Base and Meridian.
Containing: 14,000 square feet, more or less
0.321 acres, more or less
APN : 362-23-035
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::;¡ III~ANNEXATION
I Z ...:¡ SAN JOSE/CUPERTINO
...:¡ MUNICIPAL REORGANIZATION
µ:¡ & CITY OF SAN JOSE
MADERA NO. 18
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EXHIBIT B
PROPOSED ANNEXA~ON
- _N 89'53'00" E - -CL TO THE CITY OF CUPERTINO
RAINBOW DRIVE ENTITLED STELLING 94-02
DA TE: MAR 1994 SCALE: 1"=60'
BY: RIEDEN, K REVISED:
CITY OF CUPERTINO