CC Resolution No. 94120 0
RESOLUTION NO. 9412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATOIN OF
ANNEXING AREA DESIGNATED " BYRNE AVENUE 95 -04 ",
PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
AVENUE BETWEEN LOMITA AVENUE AND HERMOSA
AVENUE, APPROXIMATELY 0.28 ACRE, LO/LIN (APN 357 -11-
012)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byrne Avenue 95 -04" from property owners,
Jacqueline Lo and Sin Yen Lin; and
WHEREAS, the property, 0.28± acre on the west side of Byrne between Lomita
Avenue and Hermosa Avenue (APN 357 -11 -012) 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 June 4, 1984, to
City of Cupertino RI-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
RESOLUTION NO. 9412
0
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 95 -04" at their regular meeting of October 2, 1995.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of September, 1995 by the following vote:
Y-= Members Qf the C& Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, Ci4ofrtino
iesoludhi%12.doc
2
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"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
BYRNE AVENUE 95 -04
JULY 1995
All that certain real property situate in the County of Santa Clara.
State of California. more particularly described as follows:
Beginning at the northeast corner of Lot 21, as shown on that certain
Map entitled Tract No.150 Stevens Creek Subdivision. Map No.2, in
Sec. 14 TP. 7SR2 W.. M.D.B. & M.. Santa Clara, California, which Map was
filed for record in the Office of the Recorder of the County of Santa
Clara. State of California on August 12. 1940, in Book 5 of Maps pages)
4 and 5:
Thence from said Point of Beginning running along the westerly line of
that certain annexation to the City of Cupertino entitled "Byrne Avenue
82 -04" and "San Fernando Avenue 84 -1" SOUTH 60.00 feet to the southeast
corner of said Lot 21:
Thence WEST 197.83 feet to the southwest corner of said Lot 21;
Thence running along the easterly line of that certain annexation to the
City of Cupertino entitled "Blackberry 91 -011 N 4026130" W 60.18 feet to
the northwest corner of said Lot 21;
Thence EAST. 202.49 feet to the Point of Beginning.
Containing: 12,010 square feet. more or less.
0.28 acres. more or leas.
A.P.N.: 357 -11 -012
Revisions: _ august ii_ i993
By: J L
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N4AH OMITA AVE. `
x1sr1Nf1 ANUS AIION
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APW: 357- II-012
LOT 21
11,010 58ST.
0.2 8 ACRES
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= BOURVARYLINE OF
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EXH I BIT B
PROPOSED ANNE/AWN
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PATE: JULY 1495 SCALE : I". too'
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