CC Resolution No. 9903RESOLUTION NO. 9903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "BYRNE AVENUE 97-08",
PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
AVENUE BETWEEN DOLORES AVENUE AND ALCAZAR
AVENUE; APPROXIMATELY 0.234 ACRE, CARTER
(APN 357-12-032)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Byme Avenue 97-08" from
property owners, Claude and Dorothy Carter; and
WHEREAS, the property, 0.234+ acre on the west side of Byme Avenue between
Dolores Avenue and Alcazar Avenue (APN 357-12-032) is contiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to
City of Cupertino R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental 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 Government 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 staff cost for above
certification has been paid; and
Resolution No. 9903 Page
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Byrne Avenue 97-08" at their regular meeting of August 4, 1997.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of July, 1997 by the following vote:
Vote
Members of the City Council
AYES:
Bumett, Chang, Dean, Sorensen, Mayor Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
~h~r,'C'(ty of Cupertino
EXHIBIT "A"
BYRNE AVE. 97-08
All that certain real property situate in the County of Santa Clara, State of Califomia
described as follows:
Beginning at the southwesterly comer of Lot 7 as shown on that certain Map entitled,
"Tract No. 139 Stevens Creek Subdivision Map No. 1", filed for record in the Office of
the Recorder of the County of Santa Clara, State of California, on May 27, 1940 in Book
4 of Maps at page 43, said point being the northwesterly comer of that certain annexation
to the.City of Cupertino entitled "Byme 96-02" and the southeasterly comer of that
certain annexation to the City of Cupertino entitled "San Fernando 93-0 I; thence along
the westerly line of Lot 7 and the easterly line of annexation "San Femando 93-01" North
60.00 feet; thence along the northerly line of Lot 7 and its prolongation East 170.00 feet
to the easterly line of Byrne Avenue as shown on said Map of Tract No. 139; thence
along said easterly line South 60.00 feet to the northeasterly corner of said annexation
"Byme Ave. 96-02"; thence along the northerly line of said annexation "Byme Ave. 96-
02" and the southerly line of Lot 7 and its prolongation West 170.00 feet to the POINT
OF BEGINNING.
Said parcel of land containing 10,200 square feet, more or less.
A.P.N. 357-12-032
Prepared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/97
LEGEND
PROPOSED ANNEXATION
EXISTING ANNEXATION
SCALE:I"= 30'
I
EAST
' -- 120.00
~_ o~ LOT 7, TRACT NO. 15.
" A.P.N. 357 -12 - 032
" 7,200 $.F. ~
z~:
2:,, ,, N
~_ .< TOTAL ANNEXATION
Xu3
"', IO,2OO S.F. ~
0,2;54 + AC, x ~ x
· \ ~ 120.00. X X
170,00
WEST 170.OO
EXISTING ANNEXATION' BYRNE AVE. 96 - 02"
Ld
Z
AVl::'..
AVE.
DOLORES
AVE.
VICINITY HAP
NOT TO SCALE
o
o
EXHIBIT "B"
KIRKEBY ENGINEERING
2_397 FOREST AVENUE
SAN JOSE, CA 9512:8 (40:8) 984-033'1
PLAT TO ACCOMPANY DESCRIPTION
PROPOSED ANNEXATION TO THE CITY
OF CUPERTINO
"BYRNE AVE. 97 - 08"
SCALE: I" = 30'
DATE: APR. 1997
JOB NO. 97D24