CC Resolution No. 9605 ~ .
RESOLUTION NO. 9605
A RESOLUTION OF TI~ CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNE~NG AREA DESIGNATED "BYRNE AVENUE 96-01
PROPERTY LOCATED ON THE NORTH SIDE OF MCCLELLAN
ROAD BETWEEN BYRNE AVENUE AND ORANGE AVENUE;
APPROXIMATELY 0.172 ACRE, ASKARINAM
(APN 357-14-012)
WHEREAS, the City Council of the Ciry of Cupertino has received n request for
annexation of territory designated "Byme Avenue 96•O1" &om property owners, Aram
Askarinam, Khani Askarinam and Touran Askarinazn; and
WHEREAS, the property, 0.172± ucre on the north side of Almaden Avenue
between Orange Avenue and Byme Avenue (APN 357-14-012) is contiguous to the City
of Cupertino and is within its urban scrvice arca; and
' WHEREAS, annexation would provide for use of City services; t?nd
' WHEREAS, this territory is uninhabited and was prezoned on June 4, 1984, to
' City of Cupertino R1-7.5 zone; and
' WHEREAS, the City of Cupertino, as Lead Agency for environmental review
II completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara counry hus 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 pmposal to be in compliance
I with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Ciara to cover staff cost for above
certification has been paid; and
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Resolution No. 9605 • Page 2
' WHEREAS, as provided in Govemment Code Section 56826 thc City Council of
the City of Cupertino shall be conducting authority for a reorganizntion including nn
'I annexation to the City; und
, WHEREAS, Govemment Code Section 56837 provides thut if a petition for
annexation is signed by tsll owners of land within the aft'ected 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 unnexation proceedings and will consider annexation of the
territory designated "Byrne Avenue 96-01" at their regular meeting of June 3, 1996.
PASSED AND ADOPTED at a regular meedng oF the City Council of the City of
Cupertino this 6th day of May, 1996 by the following vote:
Y~in ~srs nf Shh~ ~ipC Ssuncil
AYES: Bautista, Chang, Dean, Bumett
NOES: None
ABSENT: Sorensen
ABSTAIN: None
AITEST: APPROVED:
/ , ~ lZ,_
~~n
City Clerk Mayor, City of Cupertino
rnolutVres960i.doc ~ . .
2
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EXHIBIT A
For Annexation BYRNE AVE. 96-01
All of that certain propeRy situate in Santa Clara County, California described as follows:
BEGINNING at the intersection of the Northerly boundary of McClellan Rd. and the Easterly
boundary of Byme Avenue (formerly known as Buena Vista Ave.), said corner being the
Southwesterly comer of lot 180 as shown upon that cectain Map entitled "Map of 3ubdivision
'A' Monta Vista", as recorded in Book P oF Maps at page 20 Santa Clnra County Records,
thence ulong the Easterly boundary ot' Byrne Ave. and along the Eusterly line of that certain
Annexation to the Ciry of Cupertino entitled "Byme Ave. 85-01" North 75.00 feet; thence
leaving said boundary of Byme Avenue but conti~uing along the City limits of Cupertino East
100.IS feet to a point on the Eastcrly line of lot 177 as shown on the abovc mentioncd Mnp;
thence leaving said City limits of Cupertino and heading atong said Eastarly boundary of lot
177 South 75.00 feet to u point on the Northerly line of McClellan Rd. und the Northerly line
of that certain Annexation to the Ciry of Cupertino entitled "Howell 76-9"; thence alon~ said
boundaries West 100.15 feet to the point of BEGINNING.
Containing 0.172 acre more or tess and consisting of all of a portion of lots 177, 178, 179 and
180 as shown on the above mentioned Map.
APN 357-14-012
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EXHIBIT B
! PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
EN TI TLED
BYRNE AVE. 96-01
20 so.oo'
EXISTIN ANNEXATION
I BYRN AVE. 85-Ot I ~g'(P
P
( 20.00' ( ~,0
~P 0
LOT LOT LOT lOT 5~~~~T~~ ~
I 180~ 179 178 ~77 J0
W ~ OO
( ~I EAST PQ QKOFE3Sr:~.r
I Q 100.1 `i ~ h0.~~~`~\~l Nf`,•~ ra
I I..L.1 ~ N0. 20597 m
O a
O ~
z O ~ri 0.172 AC. ~ ~ ~
I~ z ~ u~i n `r9r Cl~r ~~Q' 1"= 50'
I m F Of CAUE~~
WEST
N Poe'oo.,5~ M C CLELLAN RD ~
EXISTING ANNEXATION ,A
HOWELL 76-9 0
EXISTING ANNEXATION
MC CLELLAN 1-A APN 357-14-012
VICINITY MAP
~ Q - - -CUPERTINO CITY LIMITS
a w
Z Z ---PROPOSED ANNEXATION UMITS
m DOLORES o
APRIL 11, 1996
MC CLELLAV RD.
SITE