CC Resolution No. 03-053RESOLUTION NO. 03-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA
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, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 02-08" from property owners, Richard
and Grace Perez; and
WHEREAS, the property, 0.41+ acre on the west side of Byme Avenue between
Granada Avenue and Hermosa Avenue (APN 357-11-005) 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 R1-8 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;
Resolution No. 03-053 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 "Byme Avenue 02-08" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of April 7, 2003.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of March 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 6f' -
~~ia~~oROVED:
2
EXHITBIT A
ANNEXATION TO THE CITY OF CUPERTINO
BYRNE AVE. 02-08
MARCH 2003
All that certain real property situated m 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 comer of the annexation to the City of Cupertino, entitled "Byme
Ave. 82-04", said point also lying on the easterly boundary of the annexation to the City of
Cupertino, entitled "Byme Avenue 01-05", thence along the said annexation Byme Ave. 82-04
South a distance 102.18 feet 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 emitled "Blackberry Farm 91-0";
Thence along said Blackberry Farm 91-0 and the westerly line of said Lot 28 the following
courses:
2. NI5°04'00"W 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;
Thence 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 357-11-005
Lo~ rrA t