CC Resolution No. 99-043RESOLUTION NO. 99-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 98-14", PROPERTY LOCATED ON THE WEST
SIDE OF BYRNE BETWEEN ALCAZAR AVENUE AND DOLORES AVENUE;
APPROXIMATELY 0.165 ACRE, CHYU
(APN 357-12-034)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 98-14" from property owners, Wei Jao
Chyu and Jien Meei Chyu; and
WHEREAS, the property, 0.165_+ acres on the west side of Byme Avenue
between Alcazar Avenue and Dolores Avenue (APN 357-12-034) 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 territory is uninhabited and was prezoned on May 16, 1983, to
City of Cupertino 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 cos, t 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
Resolution No. 99-043 Page 2
territory designated "Byme Avenue 98-14" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of March 1, 1999.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this lst day of February, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAiN:
Members o__f the City Council
Bumett, Chang, James, Statton, Dean
None
None
None
ATTEST: APPROVED:
City Clerk (J Mayor, City of Cup ~/
"EXHIBIT A"
ANNEXATION 'FO TIlE CITY OF CUPERTINO
BYLINE AVENUE 98-14
NOVEMBER 1998
All that certain real property situate in the County o£Santa Clara, State of California, more
particularly described as follows:
Beginning at the point on the Southeast con:ter of Lot 9, also the Westerly line of Byme Avenue
as shown on Tract I39 Stevens Creek Subdivision Map No. 1, recorded on May 27, 1940 in
Book 4 of Maps, Page 43, in the Office of the Recorder of the County of Santa Clara, also the
Westerly limits of incorporation of the City of Cupertino as shown on'Exhibit B for Annexation
"Byme Ave. 88-I I";
Thence running with Southerly boundary line of said Lot, West 120.00 feet to a point in the
Westerly boundary line of said Lot;
Thence rumfing with the said Westerly boundary line North 60.00 feet to a point of the Northerly
boundary line of said Lot, also the Southerly linfits of incorporation of the City of Cupertino as
shown on Exhibit B for Annexation "Byme Ave. 96-02";
Thence along said Annexation "Byr lc Ave. 96-02" and running with said Northerly bomldary
line East 120.00 feet to a point in the Westerly line of Bryne Avenue, also the Westerly limits of
said Annexation yme ave. 88-11";
Thence along said Annexation "Byrne
Av _ Ave. 88-. ..... running with said Westerly line of Byrne
enue, South 60.00 feet to the Point of Begi~ming.
Containing:
A. P.N.:
7200 square feet, more or less.
0.165 acre, more or less
357-12-034
Revised: 1/19/99
N
( I
SCALE: 1"=100'
LOT 9
APN 357-12-034
7,200 SQ. FT.
0.165 ACRE
EXISTING ANNEXATION
"8YRNE AVE. 96-02"
R-96:
' ~llL~ EA S_T_ _ _
WEST
P.O
DOLORES AVE~
N
FERNANDO
AVE
ALCAZAR
DOLORES
AVE
SITE
McCLELLAN ROAD
EXISTING ANNEXATION
"BYRNE AVE. 88-11"
R-7755
VICINITY MAP
NOT TO SCALE
LEGEND
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
BOUNDARY LINE OF ENTITLED BYRNE AVE. 98-14
PROPOSED ANNEXATll
BOUNDARY LINE OF
EXISTINGANNEXATION DATE: NOVEMBER, 1998/ SCALE: 1"=100'
EXISTING CITY LIMITS BY: J.C. ~REVISED:
JAMES C. CriER, C.E., S.E.
P.O. BOX 20.302, SAN JOSE, CA 95160