CC Resolution No. 98-007RESOLUTION NO. 98-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED
"BYRNE AVENUE 97-06", APPROXIMATELY 0.265 ACRE
LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN
ALMADEN AVENUE AND LOMITA AVENUE; HARMS (APN
357-11-016)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.265 acre on the west side of Byme
Avenue (APN 357-11-016) has been filed by property owner Barbara J. Harms; and
WHEREAS, on September 2, 1997, the City Council adopted Resolution No.
9949 initiating proceedings for annexation of the area designated "Byme Avenue 97-06;
and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban 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 now the
conducting authority for said annexation; 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; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9g-007 Pltgo ~
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Byrne Avenue 97-06", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
ao
That said territory is uninhabited and comprises approximately 0.265
acre.
That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
The City Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
Annexation to the City of Cupertino will affect no changes in special
districts.
That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
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.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
P eg01uti0n No. 98-007 9age 3
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Oovernment Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 5th day of January, 1998, by the following vote:
Members of the City Council
Burnett, Dean, James, Statton, Chang
None
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
None
None
ATTEST:
G:cityclerk/roberta/resoluti/res98-007.rtf
Mayor, City of Cuperti0)b
EXHIBIT A .
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED "BYRNE AVE. 97-06"
Ail that certain real property'situated within unincorpor-
ated area of the Coun'ty of Santa Clara, State of California,
being all of Lot 15 as shown upon that certain map of Tract
No. 150, which map was filed for record in Book 5 of Maps at
Pages 4 and 5, Santa Clara County Records, and described
as follows:
Beginning at the northeasterly corner of said Lot 15 on the
westerly line of Byrne Avenue, 50 feet wide, said point also
being the point of beginning of that certain annexation to
the City of Cupertino, California, entitled "BYRNE AVE.
94-01"
Thence from said point of beginning along the easterly line
of said Lot, also being a westerly line of tha't certain
annexation to said City entitled "SAN FERNANDO AVE. 84-1",
South 77.00 feet to the southeasterly corner of said Lot.
Thence along the southerly ~ine of said Lot, West 150.00 feet
to the southwesterly corner of said Lot.
Thence along the westerly line of said Lot, also being an
easterly line of that certainannexation to said City en-
titled "BLACKBERRY 91-0", North 77.00 feet to the northwest-
erly corner thereof.
Thence along the northerly line of said Lot, also being the
southerly line of the hereinabove referred to "BYRNE AVE.
94-01" mmexation, East 150.00 feet to the point of beginning.
Containing 0.265 of an acre, more or less or 11,550 square
feet, more or less.
Date: April 3, 1997
APN 357-11-016
.LEGEND
II
~oun~c~r~/.J~ne pr~yo~eA Annexation
LOT
,i
Creek 15LVP.
F XN/ Z~I T- " ~"
P~. O PO%EJ) ~ AIN~XA TI~N ~ .TILE
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"BYR. NE AVE. 97-o6"
APR 557-II-OIG
SCALE: 1":50' APRILS., 1997