CC Resolution No. 9452RESOLUTION NO. 9452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED " BYRNE
AVENUE 95 -04 ", APPROXIMATELY 0.28 ACRE LOCATED ON
THE WEST SIDE OF BYRNE AVENUE BETWEEN LOMITA
AVENUE AND HERMOSA AVENUE; LO/LIN (APN 357 -11 -012)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.28 acre on the west side of Byrne
Avenue (APN 357 -11 -012) has been filed by property owners Jacqueline Lo and Sin Yen
Lin; and
WHEREAS, on September 5, 1995, the City Council adopted resolution No. 9412
initiating proceedings for annexation of the area designated "Byrne Avenue 95 -04; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; 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; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
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Resolution No. 9452 Page 2
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Byrne Avenue 95 -04 ", more
particularly described in Exhibit "A ";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.28
acre.
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
C. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino Rl -8 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
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Resolution No. 9452 Page 3
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
M. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et scq. of the Government Code,
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 2nd day of October, 1995 by the following vote:
Yok Members Qf the Ciix Council
AYES: Bautista, Bumett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Ma or, City of rtino
,esoiwveMsz.doc
3
O "EXHIBIT A" 0
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 Crook Subdivision. Mep No.2, in
Sec. 14 TP. 7SR2 W.. M.D.B. 6 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 page(s)
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 -0" N 4 026'30" 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 less.
A.P.N.: 357 -I1 -012
Revisions: Aug tint 11. 1999
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