CC Resolution No. 9949RESOLUTION NO. 9949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "BYRNE AVENUE 97-06",
PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
AVENUE BETWEEN ALMADEN AVENUE AND LOMITA
AVENUE; APPROXIMATELY 0.265 ACRE, HARMS
(APN 357-11-016)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Byme Avenue 97-06" from
property owner, Barbara J. Harms; and
WHEREAS, the property, 0.265+ acres on the west side of Byme Avenue
between Almaden Avenue and Lomita Avenue (APN 357-11-016) 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 enviromental 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
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
Resolution No. 9949 Page
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 97-06" at their regular meeting of October 6, 1997.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September, 1997 by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk _~/ -
Resoluti/res9949.doc
APPROVED:
EXHIBIT A .
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED "BYRNE AVE. 97-06"
Ail that certain real property situated within unincorpor-
ated area of the County of Santa Clara, State of California,
being all of Lot 15 as shown upon that certain map of Tract
No. 150, which map was filed for record in Book 5 of Maps at
Pages 4 and 5, Santa Clara County Records, and described
as follows:
Beginning at the northeasterly corner of said Lot 15 on the
westerly line of Byrne Avenue, 50 feet wide, said point also
being the point of beginning of that certain annexation to
the City of Cupertino, California, entitled "BYRNE AVE.
94-01".
Thence from said point of beginning along the easterly line
of said Lot, also being a westerly line of that certain
annexation to said City entitled "SAN FERNANDO AVE. 84-1",
South 77.00 feet to the southeasterly corner of said Lot.
Thence along the southerly line of said Lot, West 150.00 feet
to the southwesterly corner of said Lot.
Thence along the westerly line of said Lot, also being an
easterly line of that certain annexation to said City en-
titled "BLACKBERRY 91-0", North 77.00 feet to the northwest-
erly corner thereof.
Thence along the northerly line of said Lot, also being the
southerly line of the hereinabove referred to "BYRNE AVE.
94-01" a~mexation, East 150.00 feet to the point of beginning.
Containing 0.265 of an acre, more or less or 11,550 square
feet, more or less.
Date: April 3, 1997
APN 357-11-016
LEGEND
I
~ounciar,j {~ne propose~L Annexc~fior~
LOT 15, 'ERA cT No.
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pt?. O PO.~£D ~ AINg~(A T/OIV TO-TILE
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"BYR. NE AVE. 97-06"
AP
~CALE: !"=.50' Af'RIL~, 1997