CC Resolution No. 9957RESOLUTION NO. 9957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "BYRNE AVENUE 97-03",
PROPERTY LOCATED ON THE EAST SIDE OF BYRNE AVENUE
BETWEEN GRANADA AVENUE AND HERMOSA AVENUE;
APPROXIMATELY 0.209 ACRE, LEE, LIONG, WANG (APN 357-
16-021)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 97-03" from property owners Liang
Lee, Frank Liong and Lisa Lei Wang; and
WHEREAS, the property, 0.209+ acre on the east side of Byme Avenue between
Granada Avenue and Hermosa Avenue (APN 357-16-021) 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 R1o7.5 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
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. 9957 Page
WHEREAS, (~overnment 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 "Alcazar Avenue 97-10" at their regular meeting of October 20,
1997.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September, 1997 by the following vote:
Vote
Members of the Ci_ty Council
AYES:
Bumett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
resolut~res9957.doc
APPROVED:
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EXHIBIT "A"
NE T ON TO CIT OF
CUPERTINO, CALIFORNIA ENTITLED:
BYRNE AVE. 97-03
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section 50 as
shown on MAP OF SIBDIVISION 'A' - MONTA VISTA, which map was
filed for record on April 11, 1917 in Volume (Book) P of Maps at
Page 20, Santa Clara County Records, more particularly described
as follows:
Beginning at the intersection of the southerly line of
Granada Avenue with the easterly line of Byrne (.formerly Buena
Vista) Avenue, both 40 feet wide;
Thence along said southerly line of Granada Avenue, also
being the southerly line of the "Byrne 79-09" annexation to the
City of Cupertino, East 100.15 feet;
Thence along the Easterly line of said Section 50, also
being the westerly line of the "Granada 88-10" annexation to said
City, South 90.82 feet to the southeasterly corner of said
Section;
Thence along the southerly line of said Section, West 100.15
feet to the easterly line of Byrne Avenue, 40 feet wide, said
point also being on an easterly line of the "Byrne 82-04"
annexation to said City;
Thence along said easterly line of said annexation and the
easterly line of Byrne Avenue, North 90.82 feet to the point of
beginning.
Containing 0.209 of an acre, more or less', or 9095.6 square
feet, more or less.
APN: 357-16-021
Date: April 28, 1997
Revised: August 22, 1997
Prepared by: E.J. Hahamian, RCE
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