Loading...
CC Resolution No. 9903RESOLUTION NO. 9903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "BYRNE AVENUE 97-08", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN DOLORES AVENUE AND ALCAZAR AVENUE; APPROXIMATELY 0.234 ACRE, CARTER (APN 357-12-032) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byme Avenue 97-08" from property owners, Claude and Dorothy Carter; and WHEREAS, the property, 0.234+ acre on the west side of Byme Avenue between Dolores Avenue and Alcazar Avenue (APN 357-12-032) 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 May 21, 1984, to City of Cupertino R1-7.5 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 WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and Resolution No. 9903 Page 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, 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; 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 "Byrne Avenue 97-08" at their regular meeting of August 4, 1997. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of July, 1997 by the following vote: Vote Members of the City Council AYES: Bumett, Chang, Dean, Sorensen, Mayor Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ~h~r,'C'(ty of Cupertino EXHIBIT "A" BYRNE AVE. 97-08 All that certain real property situate in the County of Santa Clara, State of Califomia described as follows: Beginning at the southwesterly comer of Lot 7 as shown on that certain Map entitled, "Tract No. 139 Stevens Creek Subdivision Map No. 1", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 27, 1940 in Book 4 of Maps at page 43, said point being the northwesterly comer of that certain annexation to the.City of Cupertino entitled "Byme 96-02" and the southeasterly comer of that certain annexation to the City of Cupertino entitled "San Fernando 93-0 I; thence along the westerly line of Lot 7 and the easterly line of annexation "San Femando 93-01" North 60.00 feet; thence along the northerly line of Lot 7 and its prolongation East 170.00 feet to the easterly line of Byrne Avenue as shown on said Map of Tract No. 139; thence along said easterly line South 60.00 feet to the northeasterly corner of said annexation "Byme Ave. 96-02"; thence along the northerly line of said annexation "Byme Ave. 96- 02" and the southerly line of Lot 7 and its prolongation West 170.00 feet to the POINT OF BEGINNING. Said parcel of land containing 10,200 square feet, more or less. A.P.N. 357-12-032 Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/97 LEGEND PROPOSED ANNEXATION EXISTING ANNEXATION SCALE:I"= 30' I EAST ' -- 120.00 ~_ o~ LOT 7, TRACT NO. 15. " A.P.N. 357 -12 - 032 " 7,200 $.F. ~ z~: 2:,, ,, N ~_ .< TOTAL ANNEXATION Xu3 "', IO,2OO S.F. ~ 0,2;54 + AC, x ~ x · \ ~ 120.00. X X 170,00 WEST 170.OO EXISTING ANNEXATION' BYRNE AVE. 96 - 02" Ld Z AVl::'.. AVE. DOLORES AVE. VICINITY HAP NOT TO SCALE o o EXHIBIT "B" KIRKEBY ENGINEERING 2_397 FOREST AVENUE SAN JOSE, CA 9512:8 (40:8) 984-033'1 PLAT TO ACCOMPANY DESCRIPTION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO "BYRNE AVE. 97 - 08" SCALE: I" = 30' DATE: APR. 1997 JOB NO. 97D24