CC Resolution No. 03-063- RESOLUTION NO. 03-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA
DESIGNATED "DOLORES AVENUE 02-04", PROPERTY LOCATED ON THE
SOUTH SIDE OF DOLORES AVENUE BETWEEN BYRNE AVENUE AND
ORANGE AVENUE; APPROXIMATELY 0.21 ACRE, HSU
(APN 357-14-015)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Dolores Avenue 02-04" from property owners, Allen
and Cindy Hsu; and
WHEREAS, the property, 0.21+ acre on the south side of Dolores Avenue
between Byme Avenue and Orange Avenue (APN 357-14-015) 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 21, 1984, 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 heating;
Resolution No. 03-063 Page 2
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 "Dolores Avenue 02-04" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of April 21, 2003.
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:
ABSTA1N:
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:
City Clerk
A ROVED:
Mayor, C~ty of Cupertino
2
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVENUE 02-04
OCTOBER 2002
REVISION: JANUARY, 2003
All that certain real property siraate in the County of Santa Clara, State of California, more
particularly described as follow:
A portion of Lot 155 and a portion of Lot 156 as shown upon the Map of Subdivision "A"
Monta Vista, which Map was filed for record in the office of the Recorder of the County of Santa
Clara, State of California, on April 1 lth, 1917 in Book "P" of Maps, Page 20, and more
particularly described as follow:
Beginning at the point of th? Southeast comer of Lot 155 as shown on said subdivision;
Thence from said point of beginning North 80.82 ft along the Easterly boundary Of said Lot 155,
also the Westerly boundary of that certain annexation to the City of Cupertino entitled "Dolores
Avenue 88-13 "to a point on the Southerly sideline of Dolores Avenue (variable' width right of
way ).
Thence West 70.15 feet along the Southerly sideline of Dolores Avenue and the boundary of the
certain annexation to the City of Cupertino entitled
"Byme Avenue 88-11"
Thence along a tangent curve to the left having a radius of 20 feet, with a central angle of 90° 00'
00", for an arc length 31.42 feet to a point on the Easterly sideline of Byme Avenue ( variable
width right of way ) and the boundary of the certain annexation to the City of Cupertino entitled
"Byme Avenue 88-11 ".
Thence South 79.94 feet along the Easterly side line of Byrne Avenue to the boundary of the
certain annexation to the City of Cupertino entitled" Byme Avenue 85-01".
Thence East 90.15 feet along the said boundary of the certain annexation to the City of Cupertino
entitled" Byme Avenue 85-01 "to the Easterly boundary of the portion of Lot 156;
Thence North 19.12 feet along the Easterly boundary of the portion of Lot 156 to the Point of
Beginning.
Containing:
A. P.N.
8924 square feet, more or less
0.21 acres, more or less
357- 14- 015
N
50 0 50 100
200
1 inch = 100 ft.
R=20.O0 --
A= 90'00'00"
L=51.42
APN 557-14-015
8924 SQ. FT.
0.21 ACRES
EXISTING ANNI
BYRNE AVE. 85-01
& RESOLUTION NO. 6604
70.15
LOT
~'A'~T 90.15
-- EXISTING ANNEXATION
BYRNE AVE. 88-11
DOLORES AVE.
g
N
()
~ SIT_.__~E
·
ALCAZAR AVE
DOLORES !AVE
Mc CLELLAN RD.
VICINITY MAP
NO TO SCALE
EXISTING ANNEXATION
DOLORES AVE. 88-13
& RESOLUTION NO. 8086
* DIMENSION ARE IN FEET AND
DECIMALS OF A FOOT.
LEGEND
BOUNDARY LiNE OF
PROPOSED ANNEXATION
BOUNDARY LINE OF
EXISTING ANNEXATION
EXISTING CITY LIMITS
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED DOLORES AVE. 02-04
DATE: OCT, 2002 SCALE: 1"=100'
BY: d.C. REVISED: dAN, 2002
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302, SAN JOSE, CA 95160