CC Resolution No. 9347
RESOLUTION NO. 9347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "STEVENS
CREEK 95-01 ", APPROXIMATELY 1.35 ACRES LOCATED ON
THE SOUTH SIDE OF STEVENS CREEK BOULEVARD
BETWEEN TANTAU A VENUE AND FINCH AVENUE; FIRST
DEVELOPMENT CORP. (APNS 375-07-2 AND -3)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 1.35 acres on the south side of
Stevens Creek Boulevard <APNs 375-07-2 and -3) has been filed by property owner First
Development Corp,; and
WHEREAS, on May I, 1995, the City Council adopted resolution No, 9330
initiating proceedings for annexation of the area designated "Stevens Creek 95-01; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150,5 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 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, 9347
1, That it is the conducting authority pursuant to Section 35150,5 of the Government
Code for the armexation of property designated "Stevens Creek 95-01", more
particularly described in Exhibit "A";
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 1.35
acres,
b. That the armexation is consistent with the orderly armexation of territory
with the City's urban service area and is consistent with the City policy
of armexing when providing City services.
c. The City Council has completed an initial study and has found that the
armexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration,
d, The City Council on December 19, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino Retail/ResidentiaI/Office zone,
e, Annexation to the City of Cupertino will affect no changes in special
districts,
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g, That the armexation is made subject to no terms and conditions,
h. That the County Surveyor has determined the boundaries of the proposed
armexation to be definite and certain, and in compliance with the
Commission's road armexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination,
i. That the proposed armexation does not create islands or areas in which it
would be difficult to provide municipal services,
j, That the proposed armexation does not split line of assessment of
ownership,
k, That the proposed armexation is consistent with the City's General Plan,
2
Resolution No, 9347
I. 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 ofthe Government Code,
3, That said annexation is hereby ordered without election pursuant to Section 35151
et seq, of the Government Code.
4, 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 5th day of June, 1995 by the following vote:
YQ1!: MembersQf~~Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
resoluti/res9347.doc
Mayor, City of Cupertino
3
"EXHIBIT A"
ANNEXA TrON 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, 125,00 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 130 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' 12" 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 Northeastcrly corner of that certain tract of
land described as Parcel One in the deed from Lionel J, Tilson, et ux, to John B, Shelton,
ct ux, datcd June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records,
page506, Santa Clara County Rccords, said point also being 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 morc 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 01'20,00 fcet, through an anglc of 89°53' for
a distance of 31,38 feet to a point on the Westerly line ofTantau A venue as shown upon
said Tract No, 550;
Thence S 0°23' E, 88, I 7 feet along said last named line to the Point of Beginning,
Containing: 58,800 S,F. more or less,
1.35 aeres more or less,
A.P,N. 375-07-002,003
Revised: March 31, 1995
STEVENS CREEK
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DISTANCE
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77,00'
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EXHIBIT B
= BOUNDARY LINE OF
PROPOSED ANNEXATION
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED STEVENS CREEK 95-0
995
CALE: "= 00
- -
REVISED: 0.3-.31-95
CUPERTINO
DA TE: FES
BY: K, RIEDEN
CITY OF
= BOUNDARY LINE OF
E~STlNG ANNEXATION
LIMITS
EXISTING CITY
=
1
.35 34
LEGEND
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EXISTING ANNEXATION
STERN AVE 82-1
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