CC Resolution No. 03-064- RESOLUTION NO. 03-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF TERRITORY DESIGNATED "BYRNE AVENUE 02-08", PROPERTY
LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN GRANADA
AVENUE AND HERMOSA AVENUE; APPROXIMATELY 0.41 ACRE, PEREZ
(APN 357-11-005)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.41± acre on the west side of Byme
Avenue between Granada Avenue and Hermosa Avenue (APN 357-11-005) has been
filed by property owners Richard and Grace Perez; and
WHEREAS, on March 17, 2003, the City Council adopted Resolution No. 03-053
initiating proceedings for annexation of the area designated "Byme Avenue 02-08"; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 56757 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, Govemment 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 56757 of the Government
Code for the annexation of property designated "Byme Avenue 02-08", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 03-064
Page 2
That said territory is uninhabited and comprises approximately 0.41
acre.
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 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre R1-8 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.
g. 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.
k. 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 56837
et seq. of the Government Code.
Resolution No. 03-064 Page 3
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
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 7th day of April 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:
City Clerk ff -
3
EXHITBIT A
ANNEXATION TO THE CITY OF CUPERTINO
BYRNE AVE. 02-08
MARCH 2003
All that certain real property situated in the County of Santa Clara unincorporated area, State of
California, more particularly described as follows:
Being all of Lot 28, and a portion of the dedicated 10-foot strip, Tract No. 150 entitled "Stevens
Creek Subdivision" recorded in Book 5 of Maps, Pages 4 and 5 in Santa Clara County Records.
Beginning at the northwesterly corner of the annexation to the City of Cupertino, entitled "Byme
Ave. 82-04", said point also lying on the easterly boundmy of the annexation to the City of
Cupertino, entitled "Byrne Avenue 01-05", thence along the said annexation Byme Ave. 82-04
South a distance 102.18 f~et to the easterly prolongation of the northerly line of said Lot 28 and the
TRUE POINT OF BEGINNING of this description.
Thence continuing along said annexation Byme Ave. 82-04 South a distance 60.00 feet;
Thence leaving the said annexation Byme Ave. 82-04 and along the easterly prolongation
of the southerly line of said Lot 28 and along the southerly line of said Lot 28:
1. West a distance of 311.43 feet more or less to the easterly boundary of the annexation
to the City of Cupertino entitled "Blackberry Farm 91-0";
Thence along said Blackberry Farm 91-0 and the westerly line of said Lot 28 the following
courses:
2. N15°04'00WV' a distance of 12.51 feet;
3. N06°43'30"E a distance of 48.25 feet to the northerly line of said Lot 28;
'Ihence along said northerly line and the easterly prolongation thereof
4. East a distance of 309.03 feet more or less to the easterly line of said 10-foot strip and
the TRUE POINT OF BEGINNING.
Containing 18,726 square feet (0.430 acres)
A.P.N. 357-i 1-005
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