CC Resolution No. 00-045- RESOLUTION NO. 00-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 99-10", PROPERTY LOCATED ON THE WEST
SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND
ALCAZAR AVENUE; APPROXIMATELY 0.234 ACRE, HOLT (APN 357-12-029
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 99-10" from property owners, Warren
G. Holt and E. Yvonne Holt; and
WHEREAS, the property, 0.234+ acres on the west side of Byrne Avenue
between San Femando Avenue and Alcazar Avenue (APN 357-12-029) 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 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 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 99-10" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of March 6, 2000.
Resolution No. 00-045 Page
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of February, 2000, by the following vote:
Vote
AYE S:
NOES:
ABSENT:
Members o__f the City Council
Burnett, Chang, James, Lowenthal, Statton
None
None
ABSTAIN: None
ATTEST:
APPROVED:
,~:~:::~ayor, City of Cupertino
EXHIBIT A
BYRNE AVENUE 99-10
All of that real property situate in Santa Clam County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 4, 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 East 50.00 feet along an Annexation line of the City of
Cupertino, as defined by the Annexation titled "Byrne Avenue 98-12", to a point on the
Easterly boundary of Byrne Avenue; thence leaving said Annexation line and proceeding
along the Easterly boundary of Byme Avenue South 60.00 feet; thence leaving said
Easterly line and proceeding West 50.00 feet to the Northeasterly corner of the Annexation
to the City of Cupertino titled Byme Ave. 89-02; thence along the Northerly line of said
Annexation West 120.00 feet to the Southwesterly corner of the above mentioned Lot 4;
thence along the Westerly line of said Lot North 60.00 feet to the Northwesterly corner of
said Lot; thence along the Northerly line of said Lot and along the above mentioned
Annexation Line East 120.00 feet to the point of BEGINNING.
Containing 0.234 acre more or less and consisting of all of Lot 4 and a portion of Byrne
Avenue as shown on the above-mentioned Map.
Gwoz/gwoz-exha. doc
Revised 'i-24-00
'No, 20597
EXHIBIT B
PROPOSED ANNEXATION
BYRNE AVE. 99-10
TOTHECITY OFCUPERTINO
~.~,~,~::~ I ~ _LlUlTS OF ANNEXATION
--¢"¢:" I '"'"~SA.N,, FERNANDO AVE.
CITY LIMITS OF
LOT1 I '~- I CUPERTINO
UMITS Of ANNEXATION
"BYRNE AVE. 98-12"
I >
LOT2 I ~~
POB
LOT 3 Z
JCALE: 1" = 60'
APN 357-12-029
PROPOSED ANNEXA~ON
0.234 AC (10,200 SQ. FT.)
VICINITY
SAN
hi
MAP~
FERNANDO tAVE-
ALCAZAR
bJ
Z
· DOLORES
I WEST 170.00
I
OF ANNEXATION
AVE. 89-02"
-- ---- --" CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
SEPTEMBER 22, 1999
REV 1-24-00