CC Resolution No. 7532
RESOWl'ION NO. 7532
A RESOWl'ION OF nm CI'lY CXXJNCIL OF nm CI'lY OF aJP.Em'INO
MAKING DEl'ERMINATICNS AND APPROVING nm ANNEXATION OF TERRIroRY
DESIGNATED AS "BYRNE AVENUE 88-03;" APP.ROXIMATELY 0.21 ACRE
LOCATED ON nm EAST SIDE OF BYRNE AVENUE
BE:lWEEN AIMADEN AVENUE AND SAN FERNANOO AVENUE,
Bi\BB (Am 357-15-24)
WHEREAS, a petition for the annexation of certain territo:ty to the
City of CUpertino in the County of Santa Clara consistin;J of 0.21 acre on
the east side of Byme Avenue between,.., 1Mñen Avenue am San Fernando
Avenue (Am 357-15-24) has been filed with the city of CUpertino; am
WHEREAS, on June 6, 1988, the city Council adopted Resolution No. 7509
initiatin;J ptœeedin;Js for annexation of the area designated "Byme Avenue
88-03;" am
WHEREAS, said territo:ty is uninhabited am all owners of land included
in the proposal consent to this annexation; am
WHEREAS, Section 35150.5 of the California Goverranent Code states that
the Local Agency Formation Conunission shall not have any authority to
review an annexation to any city in Santa Clara COUnty of unincorporated
territo:ty which is within the uman sezvice 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 TJCM the conducting
authority for said annexation; am
WHEREAS, Government Code section 56837 provides that if a petition for
annexation is signed by all owners of lam within the affected territo:ty
the City Council may approve = disapprove the annexation without public
hearin;J; am
WHEREAS, evidence was presented to the City Council;
NOO, ~~, BE IT RESOLVED by the City Council of the City of
CUpertino as follows:
1. That it is the conductin;J authority pursuant to Section 35150.5 of the
Goverranent Code for the annexation of property designated "Byrne
Avenue 88-03," more particularly described in Exhibit "A";
-1-
/
RESOWl'ION NO. 7532
2. '!hat the followin;J findin;Js are made by the City Council of the City
of CUpertino:
a. '!hat said territory is lminhabited am cauprises approximately
0.21 acre.
b. '!hat the annexation is consistent with the orderly annexation of
territory with the City's m:ban se:t:Vice area am is consistent
with the city policy annexirg when providin;J city se:t:Vices.
c. The City Council has c::anpleted an initial study am has foun:1
that the annexation of said territory has no significant ~ct
on the envirornnent, am previously awroved the grantin;J of a
Negative Declaration.
d. The City Council on JUne 4, 1984, enacted an ordinance prezonin;J
the subject territory to City of CUpertino Rl-7.5 zone.
e. Armexation to the City of CUpertino will affect no chan;Jes in
special districts.
f. '!hat the territory is within the City m:ban se:t:Vice area as
adopted by the Local Aqerq Fomation Cannnission.
g. '!hat the annexation is made subject to no terms am corxlitions.
h. '!hat the county surveyor has deteJ:mi.ned the l:Jourx3aries of the
proposed annexation to be definite am certain, am in compliance
with the I"nmmi_ion's read annexation policies. The City shall
reimburse the county for actual costs incurred by the county
surveyor in makin;J this determination.
i. '!hat the proposed annexation does not create islands or areas in
which it would be difficult to provide nnmicipal se:t:Vices.
j. '!hat the proposed annexation does not split line of assessment of
ownership.
k. '!hat the proposed annexation is consistent with the City's
General Plan.
1. '!hat the City has c::anplied with all corxlitions ~ by the
camnission for inclusion of the territory in the City's m:ban
se:t:Vice area.
-2-
RESOWl'ION NO. 7532
4.
That the Cl~
directed to gi
itory to be annexed is contiguous to existin;J City
provisions of the Government Code.
tion is herby =dared without election pursuant to
seq. of the Government Code.
of the City Council of the City of CUpertino is
notice of said annexation as prescribed by law.
at a regular meetin;J of the City Council of the
this 5th day of Julv , 1988 by the
m. That the
limits
That said
Section 35151
3.
PASSED AND
City of CUpertino
followin;J vote:
vote
AYES:
Members of Council
Johns n, Koppel, Plungy, Rogers, Gatto
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATl'EST:
APPROVED:
/s/ Dorothy Corne ius
City Clerk
/s/ John M. Gatto
Mayor, City of CUpertino
-3-
, .
~
~
~
-f
.
'-.t:
~
j-~
I
1
I
zl
WI
0,
<I
l¡~
, 1
1% ,
~ .
I ~:_{0~:~
I 1/ Wß
.." :ß
, D Z11-\ \ ~
R~E AVE! ~~I-) ',,/,;,;- \J?O.F.:>.
FERNAN 0 AVE .t81.-1
Tract 150
S evens reek Su di'vision ap. No
- -
SAN
ÄLMADEN .81.-3
\-
APN 357-"-15-21.
~)O"\b:r. ?q.f'j,
. 1.- I 1: Ac.-fZ1U
.,
. I
(':,
l' = 100'
-"
f',
f'\
~
"5iIWF.; o.\~ c.'f2U1'- ~,
II! II!
~ -1 ~
~ II.
. -6\'T¡;::'" ~ ~
N
H:f.';'.
M,,~
W
U. . .
~.
b
M
5-M-4,5
Ai1D .
\r~~'
f"1ZPf'~D At-!to-Je,£,A-jlt>eJ
íp ...,.¡.\-f-:;.
?rf-( ~ VV~~nNO
~,...,.\.--~
ß"( 1<. \'...\ e.. Ave:, æ-O?
1?A1?~ (?L.A¡z-¡¿.) MA-( . I,\£:b
~
BYRNE AVE. 88-03
BABB (CLARK)
All that certain real property situate in the County of Santa Clara,
State of California, more particularly described as follows:
Beginning at the southwest corner of Lot 104 as shown on the Map of
Subdivision "A", Monta Vista, recorded in Book P of Maps, page 20;
said point being along the boundary of the certain annexation to the
City of Cupertino entitled "San Fernando Ave. 84-1";
Thence NORTH; 90.82 feet along said annexation to a point on the
northerly boundary of said Lot 104;
Thence along said northerly boundary EAST, 100.15 feet; said course
being along that annexation to the' CIty of Cupertino entitled
"Almaden 84-3", to a point on the easterly boundary of said Lot 104;
Thence SOUTH, 90.82 feet along said easterly boundary;
Thence WEST, 100.15 feet to the Point of Beginning.
Containing: 9,096 square feet more or less or 0.21 acres more or less.
A.P.N.: 357-15-24