CC Resolution No. 9604 ~ .._axe. . .~s~..~._... ~h , ~d.. zx", r~ .h-y P~;~'h> ~ , ~~.a,,
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RESOLUTION NO. 9604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DPTE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "BYRNE AVENIJE 96-02",
PROPERTY LOCATED ON TI-iE WEST SIDE OF BYRNE
AVENUE BETWEEN DOLORES AVENUE AND ALCAZAR
AVENUE; APPROXIMATELY 0.165 ACRE, IKEDA
(APN 357-12-033) ~
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 96-02" from property owner, Jaime
Sunao Ikeda; and
WHEREAS, the property, 0.165± acre un the west side of Byrne Avenue between
Dolores Avenue and Alcuzar Avenue (APN 357-12-033) is contiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexadon would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on June 4, 1984, to
City of Cupertino R1-7.5 wne; and
WHEREAS, the City of Cupertino, as Lead Agency for environmenta! 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 Govemment 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 staf'f cost for above
certificadon has been paid; and
. : . T
" Resolution No. 9604 • • Page 2
WHEREAS, tu provided in Govemment Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for u reorganiTation induding an
unnexation to the City; and
WHEREAS, Govemment Code Section 56837 provides that if a petition for
annexation is signed by all owners of Isind within the affected territory the City Council
may approve or disapprove the annexation without public hearing;
NOW, THEREFORE, BE [T RESOLVED, that the City Council of the City of
! Cupertino hereby initiates annexation proceedings and will consider nnnexation of the
I territory designated "Byme Avenue 96-02" at their regular meeting of June 3, 1996.
PASSED AND ADOP1'ED at a regular meeting of the City Council of thc City of
Cupertino this 6th day of May, 1996 by the fotlowing vote:
~Cntn Msmksts nf Ihe Si~ S~s~ncil
AYES: Bautista, Chang, Dean, Bumett
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
~
City Clerk Mayor, City of Cupcrtino
rcwlutVrcs9604.doe
2
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EXHIBIT A
For Annexation BYRNE AVE. 96-02
All ol'Ihal ceriain rrnpcriy silualc in San1a Clara County, California dcscribcd as Wllows:
It1:CINNING n( thc inlcrscclian of thc projcclion of the Northcrly linc of [,ot 8 anJ the
t•:aslcrly linc of 13~•rnc qvcnuc as shown on lhc Map of Tract 139 recordcd in [3ook 4 of Maps
al I'abc 43, Sanln Clara Caunly Itccords; Ihcncc along said L;astcrly boundary of [3yme
nvcnuc Soulh 4G.01 tcG to lhc Northcrly limits of incorporation of thc Cily of Cupertino as
shown on Exhibil 1~ fnr Anncxati~n "I3yrnc Avc. 88-)1'; ttience along said Northcrly (imits of
incorporalion Wcst SO.OU fcct to thc Weslcrly boundary of Byrnc Avcnuc; lhcncc along said
Wcstcrly bounJary of 13yrne Avenue and the Westerly limits of incorporation South 13.99 feet
to llic Soulheasterly comer of the aforementioned Lot S; thencc leaving said limils of
incorporation and along the Soutlicrly linc of said Lot 8 West 120.00 feet to the Southwcsterly
corncr of said Lot S; Ihencc along thc Wcstcrly line ot said Lot 8 North 60.00 fcct to ils
NOf(f11yCSlCfIY corncr, said comcr also being the Southeastcrly comer of the limits of
incorporation of the Ciry of Cupertino as sho~m on Exhibit B for Annexation "San fernando
93-01 thcnce along thc Northcrly line of said Loe 8 and its projcction East 170.00 fect to thc
point of BEGINNINC.
C'on~aining 0.217 acrc morc or Icss and consisting ot all of Lot 8 and a portion of Byme
nvenue as shown on thc above mcntioned Map.
AI'N 357-12-033
IZcviscd by Marius fi. Nclscn
nrril24, 1996
o QROFESS/pry'
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v ~/~f'~.`~y •
~ Ha 20597 ~
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• EXISTING ANNEXAII EXHI B
SAN FERNANDO 93-01"
RES. 8879 PROPOSED ANNEXATION
~ TO THE CITY OF CUPERTINO
~~oT 8 ENTITLED BYRNE AVE. 96-02
EAST
170.00' QgUF ESSrp,;,~
o POB ~~t.~ ~VS E. NF~
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0 o APN 357-12-033 ' ~ Na 20597
Z ~D A
~ 20%0
~ wEST - - ,rr,~ civ~~• ~
P
wESr souni ~ j I l ~F cnuFO~`•
13.99 I LQ I 4
~ I z~ . ~ oO
I ~ ~ 20~ " ~
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m ~ . .
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. 30, ~I C~ - 1 ~ ^ 50
• • • • ~"DOLORES A E
I -
~I ~ o
M
~ I EXISTING ANNEXATION
I I BYRNE AVE. 88-11
- 20~ 30.00'
I EXISTiN6 ANNEXATION
, ~ BYRNE AVE. 85-01
L VICINITY MAP
~ I SAN FER ~ DO
z ALCAZAR w
- - -CUPERTINO CITY LIMITS ~~m z
----PROPOSED ANNEXATION LIMITS . DOLORES o ,
APN: 357-12-033 ~
MARCN 8. 1996 SITE
REVISED APRIL 25, 1996 ~ MC CLELLAN RD.