CC Resolution No. 98-010RESOLUTION NO. 98-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO RESCINDING RESOLUTION NO. 9954 AND
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED "BYRNE
AVENUE 97-08", APPROXIMATELY 0.234 ACRE LOCATED ON
THE WEST SIDE OF BYRNE AVENUE BETWEEN DOLORES
AVENUE AND ALCAZAR AVENUE; CARTER (APN 357-11-032)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.234 acre on the west side of Byme
Avenue (APN 357-11-032) has been filed by property owners Claude and Dorothy
Carter; and
WHEREAS, on July 7, 1997, the City Council adopted Resolution No. 9954
initiating proceedings for annexation of the area designated "Byme Avenue 97-08; 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 heating; 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. 98-010 Page
2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Byrne Avenue 97-08", more
particularly described in Exhibit "A";
That Resolution No. 9954, adopted by the City Council on September 15, 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hereby rescinded.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 0.234
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.
de
The City Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino RI-7.5 zone.
eo
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.
Resolution No. 9 -010 Page
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
mo
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
o
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
o
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:
City Clerk
G:cityclerk/roberta/resoluti/res98-010.rtf
,
BYRNE AVE. 9%08
All that certain real property situate in the County of Santa Clara, State of Calii%mia
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 "Byrne 96-02" and the southeasterly comer of that
certain annexation to the City of Cupertino entitled "San Femando 93-01; thence along
the westerly line of Lot 7 and the easterly line ofannexation "San Fernando 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 Byme 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: ~?-'...,~..~r- ~.~.}~".'-"'
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/97
LECEND
PROPOSED ANNEXATION
-- EXISTING ANNEXATION
- r- SCALE:r'= 30'
120.00
LOT 7, TRACT NO. 13!
A.P.N. ;'557 - 12 - 032
i! 7,200 S.F. ~
0.1 65 _*
,,,, TOTAL ANNEXATION
10,200 S.F. %. %.
J 0.234 -,- AC. ~ ~ ~
.... ~ \mo.00, % %
'" ~ - WEST 170.00
170.00
EXISTING ANNEXATION' BYRNE AVE. 96 - 02 ' '
bJ
z
Z
;ITE~,
AVE.
DOLORES
AVE.
VICINITY MAP
NOT TO SCALE
0
0
0
20.00
KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 {408) 984-0331
EXHIBIT "B"
PLAT TO ACCOMPANY DESCRIPTION
PROPOSED ANNEXATION TO THE CITY
OF CUPERTINO
"BYRNE AVE 97 - ~R"
SCALE: r': 30'
DATE: APR. 1997
JOB NO. 97D24