CC Resolution No. 7780
RESOIIJI'ION NO. 7780
A RESOIIJI'ION OF '!HE CITY <XXJNCIL OF '!HE CITY OF aJPERI'INO
MAKING DEI'ERMINATIONS AND APPROVING '!HE ANNEXATION OF TERRI'IORY
DESIGNATED "BYRNE AVENUE 89-02", APP.ROXIMATELY 0.1653 ACRE IDCATED
ON '!HE WEST SIDE OF BYRNE AVENUE BEIWEEN ALCAZAR AVENUE AND
DOIDRES AVENUE, KENNEIH AND RC6EMARY MANRAO
(APN 357-12-030)
WHEREAS, a petition for the annexation of certain te=itory to the
City of D.Ipertino in the County of Santa Clara consistin; of 0.1653 acre
on the west side of Byrne Avenue between Alcazar Avenue ani Dolores Avenue
(APN 357-12-033) has been filed with the City of D.Ipertino; ani
WHEREAS, on March 6, 1989, the city Council adopted Resolution No.
7764 initiating proceedings for annexation of the area designated "Byrne
Avenue 89-02"; ani
WHEREAS, said te=itory is uninhabited and all owners of lani included
in the p¡;opœal consent to this annexation; ani
WHEREAS, section 35150.5 of the California Goverrønent Code states that
the IDeal Agency Fo:rmation Commission shall not have any authority to
review an annexation to any City in santa Clara County of unincorporated
te=itory which is within the w::ban seJ:Vice area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the city council of the City of D.Ipertino is now the corrluctin;
authority for said annexation; and
WHEREAS, Goverrønent Code section 56837 provides that if a petition for
annexation is signed by all owners of lani within the affected territory
the City Council may approve or disapprove the annexation without public
hearing; ani
WHEREAS, evidence was presented to the City Council;
NCM, 'I'HEREFORE, BE rr RESOLVED by the city Council of the City of
D.Ipertino as follOolS:
1. '!hat it is the conductin; authority pursuant to section 35150.5 of the
Goverrønent Code for the annexation of property designated "Byrne
Avenue 89-02," II'Ore particularly described in Exhibit "A";
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RESOIIJTION NO. 7780
2. '!hat the followin; fin:iin;Js are made by the City Council of the City
of D.IpertiÌ1o:
a. '!hat said territory is uninhabited an:l COI!prises approxiInately
0.1653 acres.
b. '!hat the annexation is consistent with the orderly annexation of
territory with the City's uman sezvice area ani is consistent
with the city policy ~ vmen providin; City sezvices.
c. The City Council has COI!pleted an initial study ani has found
that the annexation of said territory has no significant i1I1pact
on the environment, ani previously approved the grantin; of a
Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezonin;
the subject territory to City of D.Ipertino Rl-7.5 zone.
e. Annexation to the City of D.Ipertino will affect no changes in
special districts.
f. That the territory is within the City uman sezvice area as
adopted by the Local Agency Fo:rmation Conunission.
g. That the annexation is made subject to no te:rms ani conditions.
h. That the County SUrveyor has determined the bouOOaries of the
proposed annexation to be definite ani certain, ani in COI!pliance
with the Camnission's road annexation policies. '!he city shall
reimburse the County for actual costs incurred by the County
Surveyor in making this dete:rmination.
i. '!hat the proposed annexation does not create islan:is or areas in
which it would be difficult to provide municipal sezvices.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's
General Plan.
1. That the city has COI!plied with all conditions i11q:x:¡sed by the
commission for inclusion of the territory in the City's uman
sezvice area.
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RESOIIJI'ION NO. 7780
m. '!bat the territo:ry to be annexed is contiguous to existin; City
limits I.U'I3er provisions of the Government Code.
3. '!bat said annexation is heJ:iJy ordered without election pursuant to
Section 35151 et seq. of the Government Code.
4. '!bat the Clerk of the city Council of the City of D.Ipertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND AOOPl'ED at a regular meetin; of the city Council of the
city of D.Ipertino this 3rd day of April , 1989, by the
followin; vote:
Vote Members of the city Council
AYES: Gatto, Johnson, Koppel, Plungy
NOES: None
ABSENT: Rogers
ABSTAIN: None
ATrEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of D.Ipertino
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BYRNE AVE ü9-02
(MANH1IC')
All that certain real property situato in the city of D.Ipertino,County of
santa Clara, state of California, mXB pð.l"ticularly des=ibed as follows:
All of IDt 5 as shown on that certain 'l'ract Map 139 entitled " Map of
Stevens Creek SUbdivision No.1" ,,¡hid, \1aS filed for record on May
27,1940 in Book 4 of Maps Pag'3 43, 1.:1 tl¥d Office of the Recorder, County
of Santa Clara, state of Califon'lia, mre particularly des=ibed as
follOolS:
Beginning at a point on the northeast comer of IDt 5, as shown on said
" Map of Stevens Creek Subdivision No.1", said point also beirq on the
westerly right-of-way line of Byrne Avenl,e;
'lbence WEST 120.00 feet alO!'XJ a line reD,,! the northerly line of said IDt
5; to the northwest corner of said lot 5, said point also bcirq along an
easterly boI.1rxJaLy line of that certain annexation to the City of CUpertino
by Resolution No. 6278 entitled, " San Fernardo Ave. 84-1 ";
'!hence SCXJlH 60.00 feet, along the \.'cstorly line of said Lot 5 ani the
easterly !:xJurdary of said annexation to the southwest corner of said IDt
5;
'!hence EAST 120.00 feet alO!'XJ the south;rly line of said IDt 5;
'!hence NORIH 60.00 feet alon;¡the east0rly line of said IDt 5, said line
also bein; the westerly right-of-way lim of Byrne Avenue to the POINT OF
BEX:;INNING.
Containin;: 0.1653 Acres, mre or less
7,200 square feet IrDre or less
Am 357-12-030
89,284
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