CC Resolution No. 9330
RESOLUTION NO. 9330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETIING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "STEVENS CREEK 95-01 ",
PROPERTY LOCATED ON THE SOUTH SIDE OF STEVENS
CREEK BL YD. BETWEEN TANTAU A VENUE AND FINCH
AVENUE; APPROXIMATELY 1.35 ACRE, FIRST
DEVELOPMENT CORP.
(APN 375-07-2 and -3)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Stevens Creek 95-01" from property owner, First
Development Corporation; and
WHEREAS, the property, 1.35± acre on the south side of Stevens Creek Blvd,
between Tantau Avenue and Finch Avenue (APNs 375-07-2 and -3) 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 December 19,
1983, to City of Cupertino Retail/Residential/Office 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, 9330
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 "Stevens Creek 95-01" at their regular meeting of June 5, 1995.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of May, 1995 by the following vote:
YQ1!: Members QÍ~ ~ Council
A YES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/sl Kimberly Smith
Isl Wally Dean
resoluti/res9330.doc
2
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
STEVENS CREEK 95-01
FEB 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at a point on the Westerly line of Tantau Avenue, distant thereon N 0023'W,
50,00 feet from the Northeasterly corner of Lot 126, as said Avenue and Lot are shown
upon that certain Map entitled, Tract No, 550 Loree Estates Unit No, 2, which map was
filed for record in the office of the Recorder of the County of Santa Clara, State of
California on January 3, 1949 in Book 22 of Maps, at Pages 4 and 5;
Thence S 89°37' W, ] 25.00 feet along a line running parallel with the Northerly line of
said Lot 126;
Thence S 0°23' E, 200,00 feet along a line running parallel with the said Westerly line of
Tantau A venue to the Northwest corner of Lot] 30 of said Tract No, 550;
Thence S 89°37' W along the Northerly line of Lots 133, 134 and 135 of said Tract No,
550 for a distance of 151.85 feet;
Thence N 0°23'] 2" W, 308,69 feet along that certain annexation to the City of Cupertino
entitled "Stevens Creek Blvd, 84-5" to a point along the Southerly line of Stevens Creek
Boulevard (formerly Stevens Creek Road) and Northeasterly corner ofthat certain tract of
land described as Parcel One in the deed from Lionel J, Tilson, et ux, to John B, Shelton,
ct ux, dated June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records,
page506, Santa Clara County Rccords, said point also bcing along that certain annexation
to the City of Cupertino entitled "Stern Ave, 82-1";
Thence N 89°44' E, 75,00 feet along the Southerly line of Stevens Creek Boulevard and
said annexation "Stern Ave, 82-1";
Thence S 0°23'12" E, 15,00 feet along said right of way line and said annexation "Stern
Ave, 82-1";
Thence N 89°44' E, 77.00 feet more or less along said right of way line and said
annexation;
Thence N 0°23' W, 15,00 feet along said right of way line and said annexation;
Thence N 89°44' E, 105,04 feet along the said Southerly line of Stevens Creek Boulevard
and said annexation;
Thence on a curve to the right with a radius of20,OO feet, through an angle of 89°53' for
a distance of3].38 feet to a point on the Westerly line ofTantau Avenue as shown upon
said Tract No, 550;
Thence S 0°23' E, 88.17 feet along said last named line to the Point of Beginning,
Containing: 58,800 S,F, more or less,
},35 acres more or less,
A.P,N,375-07-002,003
Revised: March 31, 1995
DIRECTION
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SOO'23'12"E
N89'44'OO"E
N89'44'OO"E
RADIUS
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35 34
LEGEND
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED STEVENS CREEK 95-01
DA TE: FEB 1995 CALE: 1" = 100
BY: K, RIEDEN REVISED: 03-31-95
CITY OF CUPERTINO
= BOUNDARY UNE OF
PROPOSED ANNEXATION
--- = BOUNDARY UNE OF
EXISTING ANNEXATION
------ = EXISTING CITY UMITS