CC Resolution No. 00-294RESOLUTION NO. 00-294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETT1NG DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 99-09", PROPERTY LOCATED ON BYRNE
AVENUE BETWEEN ALCAZAR AVENUE AND DOLORES AVENUE;
APPROXIMATELY 0.445 ACRE, CHOE
(APN 357-14-032)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 99-09" from property owner, William
Choe; and
WHEREAS, the property, 0.445+ acre on Byme Avenue between Alcazar
Avenue and Dolores Avenue (APN 357-1~-032) 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 "Byrne Avenue 99-09" and detachment fi-om the Santa Clara County
Lighting Service District at their regular meeting of January 16, 2001.
Resolution ?qo. 00-294 Page
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of December, 2000, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, Lowenthal, Statton, James
None
None
None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupeg, i/gt(
2
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED BYRNE AVE. 99-09
DATE: JUNE, 1999
REVISEI): OCTOBER, 2000
All that real property situate in the County of Santa Clara, State of California described as
tbllows:
Beginning at the southeasterly corner of Section 138, as shown on that certain Map
entitled, "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 Calilbrnia on April 11, 1917
in Book "P" of Maps, at page 20; thence along the easterly line of said Section 138 North
90.82 feet to the southerly line of Alcazar Avenue as shown on said Map; thence along
southerly line of Alcazar Avenue East 100.15 feet to the westerly line of that certain
annexation to the City of Cupertino cntitlcd, "Alcazar 89-07"; thence along the said
westerly line of annexation "Alcazar 89-07 North 40.00 feet; thence leaving said line
West 57.16 feet; thence North 5.00 feet; thence West 62.81 fcct; thence South 5.00 fcct;
thence West 80.44 feet to the easterly line of that certain annexation to the City o1'
Cupertino entitled, "Bryne 99-10" and the easterly line of Bryne Avenue as shown on
said Map; thence along said easterly line South 5.81 feet to the southeast corner of said
annex~ition "Bryne 99-10"; thence along the southerly line of said annexation "Bryne 99-
10 West 50.00 feet to thc northeasterly corner of that certain annexation to the City of
Cupertino entitled, "Byrne 89-02"; thence along the easterly linc of said annexation
"Bryne 89-02 and its prolongation South 120.00 feet to thc northerly line of that certain
annexation to the City of Cupertino entitled, "Bryne Ave. 97-08"; thence along said
northerly line of annexation "Byrne Ave. 97-08" East 50.00 feet to the easterly line of
Byrne Avenue and thc northeasterly corner of annexation "Byrne Ave. 97-08; thence
along the last said lines South 5.01 feet to the southerly line of said Section 138: thence
along the southerly line of said Section 138 East 100.15 feet to the PO1NT OF
BEGINNING.
Said parcel of land containing 23,426 square feet or 0.538 acres, more or less.
l>repared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/2001
AREA OF ANNEXATION
PROPOSED ANNEXATION I~OUNDA RY
EXISTING ANNEXATION BOUNDARY
BYliNE
99-10
EAST
SCALE:
EAST
McCLELLAN
DOLORES AVE.
ROAD
NORTH '" 40.00~ '---..
J EA$1,*-Sl. t6';-*. '"
.. ....... NO~T~ ~ 5.00~ .........., ..':'"..
BY.RNE
89-02
EXISTING ANNEXATION
"BYRNE AVE. 97-08"
,.,I
426 SQ, FT.
EAgT IOOJS'
KIRKEBY ENGINEERING
, 2397,FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
EXHIBIT "B"
PLAT TO,ACCOMPANY DESCI IIPTION
PROPOSED ANNEXATION TO THE CDTY
OF CUPERTINO
"BYRNE AVE, 99-09"
SCALE: I" = 40'
DATE: JUNE 1999
JOB NO, 99039