CC Resolution No. 99-048RESOLUTION NO. 99-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED"BYRNE AVENUE 98-10", APPROXIMATELY 0.149
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN
MCCLELLAN ROAD AND DOLORES AVENUE; PEREZ (APN 35%12-040)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of santa Clara consisting of 0.149 acre on the south side of
Lomita Avenue (APN 357-12-040) has been filed by property owner Richard and Grace
Perez; and
WHEREAS, on January 19, 1999, the City Council adopted Resolution No. 98-
019 initiating proceedings for annexation of the area designated "Byme Avenue 98-10";
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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Byme Avenue 98-10", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.149
acre.
Resolution No. 99-048 Page 2
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 16, 1983, 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.
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.
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.
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
Resolution No. 99-048 Page 3
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 16th day of February, 1999, by the following vote:
Vote
Members of the_ City Council
AYE S:
Bumett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:,
Ci~
APPROVED:
Mayor, City ot~upertino
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
BYRNE AVE. 98-10
OCTOBER 1998
All that certain real property situate in the County of Santa Clam, State of California, more
particularly described as follows:
A portion of Southwest one-quarter of Section 14, Township 7 South, Range 2 West, M.D.B.&
M., more particularly described as follows:
Commencing at a point in the center line of Byme Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereen South 250 feet from the intersection of said center line with
the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision Map No. 1
according to the Map thereof of record in Book 4 of Maps, page 49, Santa Clam County
Records;
Thence West and parallel with the South line of said Tract No. 139, 20 feet to the Westerly
boundary line of existing annexation 85-01, and the South-East comer of the property herein
described, and the Point of Beginning of this description.
Thence continuing West and parallel with the South line of said Tract No. 139, 130 feet to the
Easterly boundary line of existing annexation 87-04;
Thence North, along the Easterly boundry line of existing annexation 87-04, and parallel with
the center line of Byme Avenue, 50 feet;
Thence East, 130 feet to the Westerly boundary line of existing annexation 85-01, and the
Westerly line of 40 foot wide Byme Avenue;
Thence South, along the Westerly boundry line of existing annexation 85-01 and parallel with
the center line of Byme Avenue, 50 feet to the Point of Beginning of this description.
Containing 6,500 square feet (0.1492 acres).
A.P.N.: 357-12-040
No. 4953
I~×tlII~IT 11
PROPOSED ANNEXATION TO
THE CITY OF CUPERTINO
ENTITLED "BYRNE AVE. 9g-10"
DATE: 10-09-98 SCALE: 1"=80'
BY: HARRY BABICKA, L.S. 4953
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