CC Resolution No. 99-019RESOLUTION NO. 99-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AREA DESIGNATED "BYRNE AVENUE
98-10", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
AVENUE BETWEEN MCCLELLAN ROAD AND DOLORES
AVENUE; APPROXIMATELY 0.149 ACRE, PEREZ
(APN 357-12-040)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Byme Avenue 98-10" from
property owners, Richard and Grace Perez; and
WHEREAS, the property, 0.149+ acre on the south side of Byme Avenue
between McClellan Road and Dolores Avenue (APN 357-12-040) 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-itory 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 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
Resolution No. 99-019 Page 2
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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Byme Avenue 98-10" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of February 16, 1999.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of January, 1999, by the following vote:
Vote
Members of the City Council
AYES:
Bumett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAiN: None
ATTEST:
City Clerk~~
APPROVED:
99-019
Resoltuon No. 99-019
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 Clara, 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
fe,'~ wide) that .is distant thereon South 250 c~ r~ ~ : , ~ .:
~- .~..t ..om .he ,n,eroec,,on 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 43, Santa Clara 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 corner 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 8%04;
Thence North, along the Easterly boundry line of existing annexation 87-04, and parallel with
the center line of Byrne 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 Byrne Avenue;
Thence South, along the Westerly boundry line of existing annexation 85-01 and parallel with
the center line of Byrne 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 )1
EXIIII~IT B
PROPOSED ANNEXATION TO
THE CITY OF CUPERTINO
ENTITLED "BYRNE AVE. 98-10"
DATE: 10-09-98 SCALE: 1'=80'
BY: HARRY BABICKA, L.S. 4953
Resolution No. 99-019
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