CC Resolution No. 7735
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RESOIIJTION NO. 7735
A RESOIIJTION OF '!HE CITY aJUNCIL OF '!HE CITY OF aJPERl'INO
MAKING DEI'ERMINATICINS AND APPROVING '!HE ANNEXATION OF T.E:RRrroRY
DESIGNATED "BYRNE AVENUE 88-11", APPROXIMATEUi 0.63 AæE IDCATED
ON '!HE EAST SIDE OF BYRNE AVENUE BEIWEEN ALCAZAR AVENUE AND
OOIDRES AVENUE, EVELYN SERRANO
(Am 357-14-030)
WHEREAS, a petition for the annexation of certain territory to the
City of CUpertino in the County of Santa Clara consisting of 0.63 acre on
the east side of Byrne Avenue between Alcazar Avenue an:l Dolores Avenue
(Am 357-14-030) has been filed with the City of CUpertino; an:l
WHEREAS, on January 17, 1989, the City Council adopted Resolution No.
7708 initiating PJ:~in;¡s for annexation of the area designated "Byrne
Avenue 88-11"; an:l
WHEREAS, said territory is uninhabited an:l all owners of lan:l included
in the pJ:~ consent to this annexation; an:l
WHEREAS, Section 35150.5 of the California Government Code states that
the Local Ageooy Formation Callmission shall not have any authority to
review an annexation to any City in Santa Clara County of 1.mincorporated
territory which is within the w:Dan 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 ru:M the conducting
authority for said annexation; an:l
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of lan:l within the affected territory
the City Council may approve or disapprove the annexation without public
hearing; an:l
WHEREAS, evidence was presented to the city Council;
NCM, 'IHEREF\JlŒ, BE IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. '!hat it is the con:ÏUcting authority pm;uant to Section 35150.5 of the
Government Code for the annexation of property designated "Byrne
Avenue 88-11," more particularly described in Exhibit "A";
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RESOIIJTION NO. 7735
2. '!bat the following findings are made by the City Council of the city
of CUpertino:
a. '!bat said territory is 1JI1i.nhabited an:l OCII1prises approxiJnately
0.63 acre.
b. '!bat the annexation is consistent with the orderly annexation of
territory with the city's w:ban sm.vice area an:l is consistent
with the City policy annexing when providing City sm.vices.
c. '!he city Council has caopleted an initial study an:l has found
that the annexation of said territory has no significant impact
on the enviromnent, an:l previously ~ the granting of a
Negative Declaration.
d. '!he city Council on June 4, 1984, enacted an ordinance prezoning
the subject territory to city of CUpertino Rl-7.5 zone.
e. Annexation to the city of CUpertino will affect no changes in
special districts.
f. '!bat the territory is within the City w:ban sm.vice area as
adopted by the Local Agdrcy Formation Camnission.
g. '!bat the annexation is made subject to no teDns an:l coniitions.
h. '!bat the County SUrveyor has determined the boun::1aries of the
proposed annexation to be definite an:l certain, an:l in caopliance
with the Camnission's road annexation policies. '!he City shall
re:iJnburse the County for actual oosts incurred by the County
SUrveyor in making this determination.
i. '!bat the proposed annexation does not create islan:ls or areas in
which it would be difficult to provide nnmicipal sm.vices.
j. '!bat the p:t.~ annexation does not split line of assessment of
ownership.
k. '!bat the ~~ annexation is consistent with the city's
General Plan.
1. '!bat the City has caoplied with all coniitions :iJI1posed by the
camnission for inclusion of the territory in the City's w:ban
sm.vice area.
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RESOIIJTION NO. 7735
m. '!hat the territory to be annexed is contiguous to existing City
l:iJnits umer provisions of the Government Code.
3. '!hat said annexation is heJ:by ordered without election pm;uant to
section 35151 et seq. of the Government 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 ADOPl'ED at a regular meetirxJ of the city Council of the
city of CUpertino this 21st day of Februarv , 1989, by the
following vote:
vote Members of the City Council
AYES: Gatto, Koppel, Rogers, Plungy
NOES: None
ABSENT: Johnson
~: None
ATrEST: APPROVED:
/s/ Dorothy Cornelius
city Clerk
/s/ John J. Plungy, Jr.
Mayor, City of CUpertino
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BYRNE AVENUE 88-11
(SERRANO)
ALL THAT CERTAIN REAL PROPERTY SITUATED IN TRE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA HORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF LOT 140 AND A PORTION OF BYRNE AVENUE (FORMERLY BUENA VISTA) AND DOLORES
AVENUE AS SHOWN UPON THE HAP OF SUBDIVISION "A" HONTA VISTA, WHICH HAP WAS FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA IN VOLUHE
"P" OF HAPS, PAGE 20, HORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 140 AS SHOWN ON SAID SUBDIVISION:
THENCE FROM SAID POINT OF BEGINNING SOUTH 148.30 FEET ALONG THE EASTERLY
BOUNDARY OF SAID LOT 140 AND IT'S SOUTHERLY PROLONGATION TO A POINT ON THE
SOUTHEP..LY SIDELINE OF DOLOP.ES AllENUE =
THENCE WEST 70,15 FEET ALONG THE SOUTHERLY SIDELINE OF DOLORES AVENUE:
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET, WITH
A CENTRAL ANGLE OF 90· 00'00", FOR AN ARC LENGTH 31,42 FEET 7'0 A POIN7' ON
THE EASTERLY SIDELINE OF BYRNE AVENUE:
THENCE SOUTH 79,94 FEET ALONG SAID EASTERLY SIDELINE OF BYRNE AVENUE:
THENCE WEST 50.00 FEET ALONG THE NORTHERLY BOUNDARY OF THAT CERTAIN ANNEXATION
TO THE CITY OF CUPERTINO ENTITLED "BYRNE AVENUE 85-01" 7'0 A POINT ON THE
WESTERLY SIDELINE OF BYRNE AVENUE:
THENCE NORTH 109,94 FEET ALONG SAID WESTERLY SIDELINE OF BYRNE AVENUE:
THENCE WEST 10.00 FEET:
THENCE NORTH 138,30 FEET ALONG SAID WESTERLY SIDELINE OF BYRNE AVENUE:
THENCE EAST 150,15 FEET ALONG THE NORTHERLY BOUNDARY OF SAID LOT 140 TO
THE POINT OF BEGINNING,
CONTAINING: 0.63 ACRES HORE OR LESS
A.P.N, #357-14-30
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