89,315 94-01 Byrne Ave 89,315 ANNEXATION 9 —01 _
Byrne Avenue
S410- e-,r Residence
hL
I
RESOLUTION NO. 9126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "BYRNE
AVENUE 94-01", APPROXIMATELY 0.85 ACRE LOCATED ON
THE WEST SIDE OF BYRNE AVENUE BETWEEN LOMITA
AVENUE AND ALMADEN AVENUE; O'CONNOR/STOCKLMEIR
(APN 357-11-015)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.85 acre on the west side of Byrne
Avenue between Lomita Avenue and Almaden Avenue (APN 357-11-015) has been filed
by property owners David J. O'Connor/Alan Stocklmeir; and
WHEREAS, on June 6, 1994, the City Council adopted resolution No. 9098
initiating proceedings for annexation of the area designated 'Byrne Avenue 94-01; 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:
Resolution No. 9126 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 94-01", 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 0.85
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 R1-7.5 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, a[ld 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.
2
Resolution No. 9099 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 seq. 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 5th day of July, 1994 by the following vote:
Vote M mb rs 4f Shy C�y Council
AYES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ KimM Smith /s/ Barbara Koppel
City Clerk Mayor, City of Cupertino
resolutihes9126.doc
3
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "BYRNE AVENUE 94-01 "
DATE: MARCH, 1994
All that certain real property situate in the County of Santa Clara, State of
California and consisting of Lots 16, 17, and 18 as shown on that certain map
of Tract No. 150 recorded in book 5 of maps, at pages 4 and 5, Santa Clara
County Records and described as follows:
BEGINNING at the Southeasterly corner of said Lot 16, said corner lying on the
Westerly boundary of Byrne Avenue, 50 feet wide and the limits of
Incorporation of the City of Cupertino as passed in Resolution #6278 entitled
San Fernando Ave. 84-1 : thence along the Southerly line of said Lot 16 West
150.00 feet to the Southwesterly corner of said lot and a point in the limits of
Incorporation as passed in Resolution #8380 entitled Blackberry 91-0; thence
Northerly along said limits of Incorporation and the Westerly lines of the
aforementioned Lots 16, 17, and 18 the following courses, North 10.65 feet,
N46015'30"W 47.30 feet, N08°29'30"W 101 .39 feet and N03016'30"E 53.46 feet
to the Northwesterly corner of said Lot 18; thence leaving said limits of
Incorporation along the Northerly line of said Lot 18 East 196.09 feet to the
Northeasterly Corner of said Lot 18 and a point in the Westerly line of Byrne
Avenue and the limits of Incorporation as passed in said Resolution #6278;
thence along the Easterly line of said Lots 18, 17 and 16 and said limits of
Incorporation, South 197.00 feet to the Point of BEGINNING.
Containing 37,026 square feet (0.85 acres) and lying within the
Unincorporated area of Santa Clara County, California.
QnOf E SSr�yy..
APN 357-1 1 -15
Revisions: April 27,1994 Na 20"e7
By: MEN
ray f CIVIL- \ j
Am
XISTING ANNEXMON
EBLACKBERRY 91-0 EXHIBIT " B"
RES. #8380
SOS 29,30 E NO3'16'30"E
— _
101.39'
53.46'
SCALE: 1'=50'
O
cp
OR �'
o Q%oFESSIp
E. t` 10.65'
NF
h QQC YPI�sF 'Y- LOTS 16, 17 & 18
TRACT N0. 150l
No. 20597. � BOOK 5 OF MAPS
/ GE 4 A1VI) 5�
r9r Crvlt �P 0.85 ACRES
F CALIF SANTA CLARA COUNTY RECORDS
F-
N
POINT
BEGINNING
Z — — — — — NORTH 197.00 _ —
50.00' EXISTING ANNEXATION W
SAN FERNANDO AVE. 84-1
q RES. #6278 h ►�.
BYRNE AVENUE
LEGEND N o
BOUNDARY LINE OF
119 PROPOSED ANNEXATION N R'
— BOUNDARY LINE OF
STEVENS CREEK BOULEVARD EXISTING ANNEXATION
ZQcRANADA AVE. PROPOSED ANNEXATION TO THE
w HERMOSA AVE. CITY OF CUPERTINO ENTITLED
" BYRNE AVENUE 94-0_1"
Of LOMirA AVE. STOCKLMEIR
SITE A
ALMADEN AVE. APN 357- 1 1 - 15
MARCH, 1994
VICINITY MAP
04/22/1994 11: 19 400-257-6621 NELSEN ENGINEERING PAGE 01
Enciniainc
CNILENGINEERING r l�7�
SURVEY
WG C
CONSTRUCTION DATE
21 801 JOB: z;"_ 7�ram ; � 3
STEVENS CHEEK BLVD.
SUITE 7
CUPERTiNC,CA 95014
(4067 257-8452
TO: �i�/h
SUBJECT,
GENTLEMEN:
We are: -Enclosing Reports
y Forwarding Drawings
Per your request Specifications
Number of copies Other
Description: /✓�S < K dC�a e-
��Q i2Gl�vlC /
For your Use Approval v Flles Other disposition as follows:
saw �—
04/22/1994 11: 19 409-257-6021 NELSEN ENGINEERING PAGE 02
County of Santa Clara O NTH
Environmental Resources Agency
Land Development Engineering a Surveying Office
county Government center. East Wing
70 West ftedding Street
San Jose, California 951 10 ^ CV
(408)29®2871 FAX 279-a537
April 15, 1994
Dorothy Cornelius, City Clerk
City of Cupertino
P.O.Box 580
Cupertino,CA 95015
The proposed annexation entitled BYRNE AYENUE 4 is not in accordance with Government Code
Section 56826.
X The boundaries are not definite and certain in the following respects:
EXHIBIT A (See KEY COPY attached.)
1. Add caption to beginning of description.
2. My records show a 30'half street on the westerly side of the centerline and a 20' half street on
the easterly side of the centerline. Please provide map or document showing a 60 foot wide street or revise
your map to reflect a 50 foot wide street..
3. The conventional method of using existing city boundaries as primary calls is to use the
designated annexation name. Using the resolution number is acceptable provided that you supply a copy of
the resolution (per our submittal polity dated 7/1/91). Please provide copies of resolutions numbered 6278
and 8380.
4. This number should match Exhibit B (10.65').
EXHIBIT B (See KEY COPY attached.)
1, Per our sample map requirements, please use and show adequate margins and show existing
annexation names.
2. See note 2 above.
I am returning one copy of the map and description. Please show the revision date on anys}]inQ4gnt map
and description and return three (3) copies of each to me when you resubmit this annexation request.
If you have any questions, please call Ginny Millar at (408) 299-2871.
Very truly yours,
MARTIN D. MARCOTT
County Surveyor
Ginny M' r
Engineering Technician
Enclosures
cc: Marius E. Nelsen
Board of Supervisors: Michael M. Honda, Zoe Lotgren. Ron Gonzales. R<xf Dirirfpn, Dianne M[Kenna B
Coll
04/22/1994 11: 19 400-257-6021 NELSEN ENGINEERING PAGE 03
KEY COP
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "BYRNE AVENUE 94-01 "
DATE_ MARCH, 1994
0 All -ihaf Ca-fain rest/ prape*-1111 siYuQ rn the Coun{i of 5an-to Clara,
s¢aft of Ca(i forma, anA-
Consisting of Lots 16, 17, and 18 as shown on that certain map of Tract No. 150
recorded in book 5 of maps, at pages 4 and 5, Santa Clara County Records
and described as follows:
BEGINNING at the Southeasterly comer said Lot 16, said corner lying on the
Westerly boundary of Byrne Avenu feet wi a limits of
Incorporation of the City of Cupertino in esolution #627 thence
along the Southerly line of said Lot 16 Wes ee o outhwesterty
corner of said Lot and a point in the limits of Incorporatio s assed in
Resolution #8380• thence Northerly along said limits of Incorporation and e
Westerly line f the aforementioned Lots 16, 17, and 18 the following courses,
North 1 .36 et, N 46°15'30" W 47.30 feet, N 08029'30" W 101.39 feet and
N 03*16' E 53.46 feet to the Northwesterly corner of said Lot 18; thence
leaving said limits of Incorporation along the Northerly line of said Lot 18 East
196.09 feet to the Northeasterly Corner of said Lot 18 and a point in the
Westerly line of Byrne Avenue and the limits of Incorporation as passed in
.aia Resolution #6278; thence along the Easterly line of said Lots 18, 17 and 16 and
said limits of Incorporation, South 197.00 feet to the Point of BEGINNING.
Containing 37,026 square feet (0.85 acres) and lying within the
Unincorporated area of Santa Clara County, California.
APN 357-1 1 -15
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a Na 20597. 5r
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04/22/1994 11: 19 406-257-6021 NELSEN ENGINEERING PAGE 04
•
"EXHIBIT A"
Annexation to
Name of Annexation
Date
�sc��tion Requirements
The description (and attached map) shall boundaries so that they can be accurately describe
located in the field, plotted on maps
and expeditiously checked against existing county maps and records.
These courses shall have bearings and distances, and shall call out
existing city boundaries as primary calls.
i
L.........
i
Revisions:
(Date
By:
Initials
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'VAC-this" /AU"TE AMNA AMES Ar AM6/NAL PA/CE[.
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NAME ANa ONWMANCE NUMBER. W SNOr• U ROADS AAV NYDTN OF ROADS.
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04/22/1994 11: 19 400-257-6021 NELSEN ENGINEERING PAGE 06
EXHIBIT " B'. '(-Er CoP
EXISTING ANNEXATION 13LA64P�-�RY 91 �O r
RES. 118380
N0316'300E _
SQ 9 ' 53.46
IL
fj� � 105.39
�i
10.85'
LOTS 16, 17 & 18 p vs FL yql
T CT NO. 150l �� �� �s
BOOK' 5 '0F MAPS �lF�CR 9 s
//�0C 5 ACR S 5/ a
SANTA CLARA COUNTY RCORDS eE cmL97.
r CAl1F�
POINT OF
8EGINNING
F
NORTH SEXISTEING ANNE A.XATION 84- I tq
RES. 278 5qB Y R N E AVENUE � >,
� �A a0
LEGEND e
BOUNDARY LINE OF
PROPOSED ANNEXATION
_ — BOUNDARY LINE OF
EXISTING ANNEXATION
3OULEVARD
t LL
PROPOSED ANNEXATION TO THE
GRANADA AVE. CITY OF CUPERTINO ENTITLED
2 4HERMOSA AVE. �� B"NE AVENUE 94-01"
z STOCKLMEIR
LOMITA AVE. APN 357-1 1 -15
MARCH, 1994
SITE ALMADEN AVE.
04/22/1994 11: 19 40E-257-6E21 NELSEN ENGINEERING PAGE 07
13
memorandum
TO: ITY CLERKS FROM: DON MARCOTT �A
SUBJECT : CITY CONDUCTED ANNEXATIONS DATE: 7 1 91
in order to assist in our review of city conducted annexations,
please provide copies of recorded maps, deeds, resolutions, and
any other documents referenced in the proposed annexation or
reorganization . Thank you for your cooperation in this matter .