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CC Resolution No. 02-025-- RESOLUTION NO. 02-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "BYRNE AVENUE 01-08", PROPERTY LOCATED ON THE EAST SIDE OF BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND SAN FERNANDO AVENUE; APPROXIMATELY 0.183 ACRE, LIMON (APN 357-15-074) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byme Avenue 01-08" from property owners, Timothy and Lilia Limon; and WHEREAS, the property, 0.183+ acre on the east side of Byme Avenue between Alcazar Avenue and San Femando Avenue (APN 357-15-074) 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 hearing; Resolution No. 09-025 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 01-08" and detachment from the Santa Clara County Lighting Service District at their regular meeting of March 4, 2002. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of February 2002, by the following vote: Vote Members of th_._~e Cit-/Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: APPROVED: Mayor, City of Cupertino