CC Resolution No. 8105
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RESOIDTION NO. 8105
A RESOWl'ION OF THE CITY CXJUNCIL OF THE CITY OF aJPERrINO
MAKING DEI'ERMINATIONS AND APImVING '!HE ANNEXATION OF 'I'ERRI'roRY
DESIGNATED "BYRNE AVENUE 90-01", APImXIMATELY 0.38 ACRE LOCATED
ON '!HE FA9I' SIDE OF BYRNE AVENUE BEIWEEN HERM:>SA
AVENUE AND GRANAD.l>. AVENUE;
HALL (APN 357-16-044 - 10104 BYRNE AVENUE)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the County of Santa Clara consisting of 0.38 acre on
the east side of Byrne Avenue between Hermosa Avenue and Granada Avenue
(APN 357-16-044) has been filed with the City of CUpertino; and
WHEREAS, on March 19, 1990, the City Council adopted Resolution No.
8060 initiating proceedings for annexation of the area designated "Byrne
Avenue 90-01"; and
WHEREAS, said territo:ry is múnhabited and all owners of land included
in the proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Govermnent Code states that
the Local Aqercy Fomation Cammission shall not have arr:¡ authority to
review an annexation to arr:¡ City in Santa Clara County of unincorporated
territo:ry which is within the w:ban service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the city camcil of the City of CUpertino is now the conducting
authority for said annexation; and
WHEREAS, GoveJ:nment Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territo:ry
the city Council may approve or disapprove the annexation without public
hearing; and
WHEREAS, evidence was presented to the city Council;
NCM, ~UlQ!;, BE IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. That it is the conducting authority p.1rSUant to Section 35150.5 of the
Government Code for the annexation of property designated "Byrne
Avenue 90-01," more particularly described in Exhibit "A";
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RESOIIJTION NO. 8105
2. '!hat the follow:in;J firxlings are made by the City Council of the City
of CUpertino:
a. '!hat said territo:ry is uninhabited and comprises awroxbnately
0.38 acre.
b. '!hat the armexation is consistent with the orderly annexation of
territo:ry with the City's w:ban service area and is consistent
with the City policy annexin.J when providing City services.
c. The City Council has completed an initial study and has found
that the annexation of said territo:ry has no significant inq:>act
on the environment, and previously approved the grant:in;J of a
Negative Declaration.
d. The City Council on JUne 4, 1984 , enacted an ordinance prezoning
the subject territo:ry to City of CUpertino Rl-7.5 zone.
e. Annexation to the City of CUpertino will affect no changes in
special districts.
f. '!hat the territo:ry is within the City w:ban service area as
adopted by the I..ocal lv;Jercy Formation Conunission.
g. '!hat the annexation is made subject to no teJ:ms and conditions.
h. '!hat the County SW:veyor has deteJ:1nined the bourx3aries of the
prcposed armexation to be definite and certain, and in compliance
with the Camnission's road armexation policies. The City shall
reimburse the County for actual costs incurred by the County
SUrveyor in mak:in] this determination.
i. '!hat the prcposed annexation does not create islands or areas in
which it would be difficult to provide numicipal services.
j . '!hat the proposed armexation does not split line of assessment of
ownership.
k. That the proposed a1'111eXation is consistent with the City's
General Plan.
1. '!hat the City has complied with all conditions iIIpOSed by the
canunission for inclusion of the territo:ry in the City's w:ban
service area.
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RESOIlJTION NO. 8105
m. '!hat the territo:ry to be annexed is contiguous to existing City
limits under provisions of the GoveI1'mle1'1t Code.
3. '!hat said annexation is heIby ordered without election pursuant to
Section 35151 et seq. of the Govennnent Code.
4. '!hat 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 ADOPI'ED at a regular meet.in:J of
city of CUpertino this --l6.th day of ADril
followin;¡' vote:
vote Members of the city Council
the City Council of the
, 1990, by the
AYES: Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: Goldman
ABSTAIN: None
ATI'EST: ~:
/s/ Dorothv Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of CUpertino
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BYRNE AVENUE 90-ol
(HALL)
All that certain real property situated in the County of Santa Clara, State of
California, more particularly described as follows:
Beginning at the northwest corner of lot 52 as shown on that certain map entitled,
"Map of the Subdivision "A" Monte Vista", which map wa~ filed for record in the
office of the Recorder of Santa Clara County en April ll, 1917 in Book "P" of
Maps, Page 20; said corner being along the boundary of that certain annexation to
the City of Cupertino entitled "Byrne Ave. 82-0~";
Thence East 100.l5 feet along the northerly boundary of said Lot 52;
Thence South 88.30 feet.
Thence East 50.08 feet to a point along annexation "Hermosa 88-09"
Thence South ~O.OO feet to the Southwest corner of said annexation "Hermosa 88-09";
Thence West l50.23 feet to a pOint along said annexation "Byrne Ave. 82-04";
Thence North l38.30 feet along said annexation "Byrne Ave. 82-0~" to the Point
of Beginning.
Containing: 0.38 acres, more or less
APN: 357-16-44
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"EXHIBIT on
PROPOSED ANNEXATJO \.
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CITY OF CUPERTINO
ENTITLED
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