CC Resolution No. 00-270- RESOLUTION NO. 00-270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 00-06", PROPERTY LOCATED ON THE WEST
SIDE OF BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND DOLORES
AVENUE; APPROXIMATELY 0.299 ACRE, GWOZDZ
(APN 357-12-031)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byrne Avenue 00-06" from property owners, Barbara
and Peter Gwozdz; and
WHEREAS, the property, 0.299+ acre on the west side of Byme Avenue between
Alcazar Avenue and Dolores Avenue ~-APN 357-12-031) 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 00-06" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of December 4, 2000.
P~esolut~on lqo. 00-~50 Page
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of November, 2000, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTA1N:
Members of th._.~e City Council
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
c,t
EXHIBIT A
BYRNE AVENUE 00-06
All of that real property situate in Santa Clam County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 6, 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
Clam County records; thence West 120.00 feet along the Northerly line of said Lot 6 and
the Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne
Avenue 89-02", to the Northwesterly corner of said Lot and a point on the Annexation line
of the City of Cupertino, as defined by the Annexation titled "San Fernando 84-1"; thence
South 60.00 feet along the Westerly line of said Lot 6 to the Southwesterly corner and a
point in the Annexation line of the City of Cupertino, as defined by the Annexation titled
"San Fernando 93-01"; thence East 120.00 feet along the Southerly line of said Lot and the
Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne Avenue
97-08" to the Southeasterly corner of said Lot 6; thence North 60.00 feet along the Easterly
line of said Lot and the Annexation line of the City of Cupertino, as defined by the
Annexation titled "Byrne Avenue 99-09" to the point of BEGINNING.
Containing 0.165 acre more or less and consisting of all of Lot 6 as shown on the above-
mentioned Map.
Rev. '10-'i6-00
Gwoz/gwoz-OO-O6. doc
''EXHIBIT B
_ PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED
BYRNE AVE. 00-06
SCALE: 1" = 60'
LOT 3 '~
"BYRNE AVE. 99-10"
LOT 4-
LIMITS OF ANNEXATION
"BYRNE AVE. 89-02"
"SAN FERNANDO
84-1"
LOT 5
POB
APN 357-12-031
PROPOSED ANNEXATION
0.165 AC (7,200 SQ. FT.)
"SAN FERNANDO
95-01"
VICINITY
~aALCAZAR
DOLORES
"BYRNE 97-08"
ALCAZAR AVE.
LIMITS OF
CUPERTINO
CUPERTINO CITY LIMITS
PROPOSED ANNEXATION
JUNE 15, 2000
LIMITS
P'-'/ 10-~6-00