CC Resolution No. 9788RESOLUTION NO. 9788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "MILLER AVENUE 96-10",
PROPERTY LOCATED ON THE WEST SIDE OF MILLER
AVENUE BETWEEN CALLE DE BARCELONA AND PHIL LANE;
APPROXIMATELY 2.284 ACRES, REHN, SKRAMME,
MCKERNAN, SANDBERG & CITY OF CUPERTINO
(APNS 369-15-001, -003, -004, -005, -006, -007 AND -008)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Miller Avenue 96-10" from
property owners, Rose Elayne Rhen, Kermit Othello Skromme, Barbara Jean
Skromme, David C. Sandberg, Barbara J. Sandberg, Daniel S. McKeman and City
of Cupertino; and
WHEREAS, the property, 2.284+ acres on the west side of Miller Avenue
between Calle de Barcelona and Phil Lane (APNs 369-15-001, -003, -004, -005, -006, -
007 AND -008) 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 16,
1996, to City of Cupertino Pre-PR 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
Resolution No. 9788 Page 2
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
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, Govemment 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 "Miller Avenue 96-10" at their regular meeting of March 17, 1997.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of February, 1997 by the following vote:
Vote
Members _of the City Council
AYES:
Bumett, Chang, Dean, Bautista
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST:
APPROVED:
~a~or~ City of Cupertino
resoluti/res9788.doc
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED "MILLER AVE. 9 6 - 10"
All that certain real property situate in the County of Santa Clam, State of California, Lots 77
through 83 inclusive and portions of Miller Avenue (formerly Wolfe Road) and Calle De
Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was
filed for record on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the
Recorder of said County and State, more particularly described as follows:
Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343;
Thence along the easterly line of that certain annexation to the City of Cupertino entitled Calle de
Barcelona 85-06 the following five courses:
N2°51'58"E 291.82 feet along the westerly boundary of Lots 83, 82, 81, 80 and 79 to the
northwest comer of Lot 79;
N89°30'E 32.15 feet along the northerly boundary of Lot 79,
N0°30'W 105.00 feet along the westerly line of Lot 78 to the northwest comer thereof;
N89°30'E 18.28 feet along the northerly line of Lot 78;
N0°30'W 150.01 feet along the westerly line of Calle de Barcelona and Lot 77 to the northwest
comer of Lot 77;
Thence leaving said annexation Calle de Barcelona 85-06 N89°30'E 159,82 feet along the
southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the
easterly line of said Miller Avenue;
Thence leaving said Original Incorporation S2°51'58"W 576.55 feet more or less along the
easterly line of Miller Avenue to the northerly line of the San Jose - Cupertino Reorganization of
July 1, 1979;
Thence along said San Jose - Cupertino Reorganization the following three courses:
N87°45'W 45.00 feet more or less along the centerline of Phil Lane (formerly Miller Avenue);
Northerly 20.00 feet the along the centerline of Miller Avenue;
N87°45'W
along tile southerly line of said Lot 83 to tile Point of Beginning.
Containing 2.284 acres more or less.
APN 369-15-001
369-15-003
369-15-004
369,15-005
150.01 feet along the easterly prolongation of the southerly line of said Lot 83 an $
369-15-008 ~
z
ORIGINAL INCORPORATION OCTOBER 1955
/ .I
/ i' ~ CALLE DE ~AR~LONAI
I & /
N89'30'E
32,15'
79
80
81
82
P.O.B.
83
150.01'
LANE
~-,
N§7'45'OO"W
LOT 77
APN 369-15-001
6,605.85 SO.FT.
.1516 AC.
LOT 78
APN 369-15-003
7,894.57 SQ. FT.
.1812 AC.
LOT 79
APN 369-15-004
6,066.68 SO. FT.
.1393 AC.
LOT 80
APN 569-15-005
6,195.00 SO.FT.
.1422 AC.
LOT 81
APN 569-15-006
6,195.00 SO.FT.
.1422 AC.
LOT 82
APN 569-15-007
6,195.00 SO.FT.
.1422 AC.
LOT 85
APN 569-15-008
6,254.33 SO.FT.
.1436 AC.
SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979
CALLE DE BARCELONA
PHIL LANE
VICINITY MAP
NOT TO SCALE
LEGEND:
= BOUNDARY LINE OF
PROPOSED ANNEXATION
- BOUNDARY LINE OF
EXISTING ANNEXATION
.......... EXISTING CiTY LIMITS
TOTAL ACRES: 2,284~
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED "MILLER AVE. 96-10"
DATE:
BY:
OCTOBER 1996 ] SCALE: 1" = 100'
N. LEE] REVISED: .1/22/97
CITY OF CUPERTINO