CC Resolution No. 98-009RESOLUTION NO. 98-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO RESCINDING RESOLUTION NO. 9968 AND
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED "BYRNE
AVENUE 97-03", APPROXIMATELY 0.209 ACRE LOCATED ON
THE EAST SIDE OF BYRNE AVENUE BETWEEN GRANADA
AVENUE AND HERMOSA AVENUE; LEE, LIONG, WANG (APN
357-16-021)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.209 acre on the east side of Byme
Avenue (APN 357-16-021) has been filed by property owners Liang Lee, Frank Liong,
and Lisa Lei Wang; and
WHEREAS, on September 15, the City Council adopted Resolution No. 9957
initiating proceedings for annexation of the area designated "Byrne Avenue 97-03; 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. 98-009 Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Byme Avenue 97-03", more
A,
particularly described in Exhibit" "'
That Resolution No. 9968, adopted by the City Council on October 6, 1997, is
hereby rescinded.
That the following findings are made by the City Council of the City of
Cupertino:
ao
That said territory is uninhabited and comprises approximately 0.209
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.
Co
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.
do
The City Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
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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.
jo
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.
2
Resolution No. 98-009 Page 3
I. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
4. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
5. 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:
Vote Members of the City Council
AYES: Bumett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST.:
Cit~ ~ AP~E.~i ~ //'
May}~r, Cit~ oF'~u~e-r~o
G:cityclerk/roberta/resoluti/res98009.rtf
EXHIBIT "A"
ANNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA ENTITLED:
BYRNE AVE. 9.7-03
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section 50 as
shown on MAP OF SIBDIVISION 'A' - MONTA VISTA, which map was
filed for record on April 11, 1917 in Volume (Book) P of Maps at
Page 20, Santa Clara County Records, more particularly described
as follows:
Begin$ing at the intersection of the southerly line of
Granada Avenue with the easterly line of Byrne (formerly Buena
Vista) Avenue, both 40 feet wide;
Thence along said southerly line of Granada Avenue, also
being the southerly line of the "Byrne 79-09" annexation to the
City of Cupertino, East 100.15 feet;
Thence along the Easterly line of said Section 50, also
being the westerly line of the "Granada 88-10" annexation to said
City, South 90.82 feet to the southeasterly corner of said
Section;
Thence along the southerly line of said Section, West 100.15
feet to the easterly line of Byrne Avenue, 40 feet wide, said
point also being on an easterly line of the "Byrne 82-04"
annexation to said City;
Thence along said easterly line of said annexation and the
easterly line of Byrne Avenue, North 90.82 feet to the point of
beginning.
Containing 0.209 of an acre, more or less', or 9095.6 square
feet, more or less.
APN: 357-16-021
Date: April 28, 1997
Revised: August 22, 1997
Prepared by: E.J. Hahamian, RCE
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