CC Resolution No. 99-049RESOLUTION NO. 99-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 98-12", PROPERTY LOCATED ON THE WEST
SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND
ALCAZAR AVENUE; APPROXIMATELY 0.378 ACRE, CHRIST
(APN 357-12-028)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 98-12" from property owners, Charles
T. Christ and Pamela Sue Christ; and
WHEREAS, the property, 0.378+ acre on the west side of Byme Avenue between
San Femando Avenue and Alcazar Avenue (APN 357-12-028) 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 ten/tory is uninhabited and was prezoned on May 16, 1983, to
City of Cupertino Pre 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
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 heating;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
ten/tory designated "Byrne Avenue 98-12" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of March 15, 1999.
EXHIBIT A
BYRNE AVENUE 98-12
All of that certain property situate in Santa Clara County, California described as tbllows:
BEGINNING at the Northwesterly comer of Lot 3, said point also lying on the Westerly line
of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139,
Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa Clara
County records: thence proceeding along said Westerly line of Byrne Avenue North 118.82
feet to the City Limits of Cupertino as defined by the Annexation titled "San Femando Ave.
84-l"; thence along said Annexation line East 50.00 feet to a point on the Easterly boundary of
Byrne Avenue; thence leaving said Annexation line and proceeding along the Easterly
boundary of Byrne Avenue South 178.82 feet; thence leaving said Easterly line and proceeding
West 170.00 feet to the Southwesterly corner of the above mentioned Lot 3; thence along the
Westerly line of said lot North 60.00 feet to the Northeasterly comer of said lot; thence along
the Northerly line of said lot East 120.00 feet to the point of BEGINNING.
Containing 0.371 acre more or less and consisting of all of Lot 3 as shown on the above
mentioned Map.
APN 357-12-028
Rev. 1-29-99
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
BYRNE AVE. 98-12
~r'
SCALE: 1" =50'
LOT 1
LOT 2
EAST
CITY LIMITS OF
CUPERTINO
PROPOSED ANNEXATION
0...371 AC (161,41 SQ. FT.)
APN ,357-12-028
',~ST 170.00
SAN
SI TE ~
Z
ALCAZAR
DOLORE~SS
VICINITY MAP
-- -- ICUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
SEPTEMBER 2, 1998
REUSED
1-29-99