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CC Resolution No. 9620 m R~ , . s , _x _ s.- , • ~ ~ RESOLUTION NO. 9620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING TI-IE ANNEXATION OF TERRITORY DESIGNATED "BYRNE AVENUE 96-02", APPROXIMATELY 0.165 ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN DOLORES AVENUE AND ALCAZAR AVENUE; IKEDA (APN 357-12-033) WHEREAS, a petition for the annexation of certain territory to the Ciry of Cupertino in the County of Santa Clara consisting of 0.165 acre on the west side of Byme Avenue (APN 357-12-033) has been fited by property owner Jaime Sunao Ikeda; and WHEREAS, on May 6, 1996, the City Council adopted resolution No. 9604 initiating proceedings for annexation of the urea designated "Byme Avenue 96-02; and WHEREAS, said territory is uninhabited and all owners oF land included in the proposal consent to this annexation; und WHEREAS, Section 35150.5 of the Califomia Govemment Code states that the Local Agency Formation Commission shall not have any suthority to review an annexation to any City in Santa Clara Counry 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, Govemment Code Section 56837 pmvides that if a perition 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: ' Resolution No. 9620~ ~ Page 2 1. That it is the conducting authority pursuunt tu Section 35150.5 of the Govemment Code for the smnexation of property designated "Byme Avenue 96-02", more particularly described in E~chibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: a That said territory is uninhabited and wmprises approximauly 0.165 acre. b. That the annexation is consisient with the orderly anneacation of tetritory with the City's urban service azea and is c~nsistent with the City policy of annexing when providing Ciry services. c. The City Council has completed nn 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 Cauncil on June 4, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino R1-7.5 zone. e. Annexetion to the Ciry of Cupertino will afl'ect 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 suid certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incucred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be ditticult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. 1'haf the proposed annexation is consistent with the City's General Plan. l. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. 2 Resalution No. 9620• e Page 3 m. That the territory to be nnnexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without eleclion pursuant to Section 35151 et seq. of the Govemment Code. 4. That the Cterk of the Ciry Councit of the City of Cupertino is directed to give notice of said annexution us prescribed by law. PASSED AND ADOPTED at a regulac meeting of the Ciry Council of the City of Cupertino this 3rd day of June, 1996 by the following vote: ly4t~ Il~eIIibslS Qf Sh~ ~itX ~il AYES: Bautieta, Chang, Dean, Sorenaen, Surnett NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cupertino rcw~utura962o.eoe 3 ~ , . . . , .a.. ~ ~ EXHIBIT A For Annexation BYRNE AVE. 96-02 nll of lhat ccrtain ~iropcrty siluatc in Santa Clara County, California dcscribcd as follows: Itt'.CINNIN(; ~I 1hc in~crscction of the projectian of the Northerly ?ine of I.ot 8 nnd the I•:astcrly linc ~f 13yrnc Avcnuc as shown on ~~i~ Map of Tract 139 rccordcJ in [3ook 4 of Maps a~ I'~gc 43, Sama C Inra Counry Records; thcncc along said Gastcrly boundary of l3yrnc ~vcnuc Soulh 46.01 fcct Io thc Northcrly limits of incorporation of Ihc Ciry of Cuperlino as ti11O~~n ~n Exhibit li for Anncxalion "[3yrnc Ave. 88_I I•; tlience along said Northcrly limils of incorparation West SOAO fcct to thc Westcrly boundnry of Byme Avcnue; Ihencc along said Wcsterly boundary ~yrnc Avcnue and ~he Westerly limits of incor~wration South 13.99 fcel ~o ~hc Southeastcrly comer of the aforementioned Lot 8; thcnce leaving said limits of incor~wration and along (he Southcrly line of said Lol 8 West 120.00 fect to thc Southwcslerly corner of said l.ot R; ~hence along the Westerly line of said Lot 8 North 60.00 feet to its Northwestcrly corncr, said comcr also bcing the Southeastcrly comer of the limits of incorporation oP thc City of Cupcrtino as sho~m on Exhibit B for Anncxntion "San Pernando 93-01 lhence along the Northcrly line of said Lot 8 and its projection Gast 170.00 fect to the point of BECINNINC, Conlaining 0.217 acrc morc or Icss and consisting oC all of Lot 8 and a potiion of Byme ~venue as shown on Ihc above mentioncJ Map. APN 357-12-033 Itcviscd by^ Marius Nclscn ~~ri124, 1996 o Q(tOfESSlp,y' Q4' OS E NE' ~ 4. Q.~ ` ! ~ ~ ~~<~~y c ~ Na 20597 ~ ~ P F~1 '~''ql crvn. F UF CAUF~~ ' EXISTING ANN~TION EXI~IT B SAN FERNAN 93-01" ' ~ RES. 88'9 PROPOSED ANNEXATION ' ~ TO THE CITY OF CUPERTINO (LOT 8 ENTITLED BYRNE AVE. 96-02 EAST 170.00' Q~Uf ESS/p,~ ~ / o POB ~p5 E. ,yE h~' @ ~J' 0 tn ? E` ~ o /o.2i ~ ac. I .d. ~ ~/1~11~ 0 o APN 35'7-12-033 ' W Na 20591 A ~ ~ m 120.00' ~ WEST / ~ ST ~l'9l ~ Ci4~ O ~ SOUTH I~ I f CALIE ,3.99 ~ W ~ 4 ~ ~ z~ . ~ o . . ~ ~ 20 ~ ~ m L~.~ . . ~ ~ 30~ '"^I ~ 1 " = 50' ~ ~ ~ ~ DOLORES A E~ ( . ~ ~ ~ o M ' . ~ ~ EXISTING ANNEXATION I ~ BYRNE AVE. 88-11 _ . . . 2~~ 30.00' I EXISTING ANNEXATION , ~ BYRNE AVE. 85-Ot ~ VICINITY MAP ~ I SAN FER ~ DO z ALCAZAR W - - -CUPERTINO CITY LIMITS "'m ~ --PROPOSED ANNEXATION LIMITS . DOLORES o . APN: 357-12-033 SITE MARCH 8, 1996 REVISED APRIL 25, 1996 MC CLELLAN RD.