CC Resolution No. 9098
RESOLUTION NO. 9098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "BYRNE AVENUE 94-01 ",
PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
A VENUE BETWEEN LOMITA AVENUE AND ALMADEN
AVENUE; APPROXlMA TEL Y 0,85 ACRE, O'CONNOR
(APN 357-11-015)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byrne Avenue 94-01" from property owners, David J.
O'Connor, Trustee, under the David 1. O'Connor 1991 Trust; and
WHEREAS, the property, 0.85± acre on the west side of Stelling Road between
Rainbow Drive and Squirehill Court (APN 357-11-015) 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 June 4, 1984, to
City of Cupertino RI-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. 9098
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 94-01" at their regular meeting of July 5,1994.
PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of
Cupertino this 4th day of June, 1994 by the following vote:
YQt!: Members cl~ ~ Council
A YES: Bautista, Burnett, Sorensen, Koppel
NOES: None
ABSENT: Dean
ABSTAIN: None
ATTEST: APPROVED:
Isl Kim M. Smith
City Clerk
Isl Barbara Koppel
Mayor, City of Cupertino
resoluti\res9098.doc
2
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, 1 7, and 18 the following courses, North 10.65 feet.
N46°15'3O"W 47.30 feet, NOBo29'3O"W 1 01,39 feet and N03°16'30"E 53.46 feet
to the Northwesterly corner of said Lot 18; thence leaving said limits of
Incorporation along the t¡lortherly 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, 1 7 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 357-11-15
Revisions: April 27, 1994
By: MEN
EXISTING ANNEXATION
BLACKBERRY 91-0
RES, #8380
EXHIBIT "B"
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EXISTING ANNEXATION ~ ~
SAN FERNANDO AVE. 84-1 .......
RES. #6278 e.. .....
AVENUE ....~
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BOUNDARY LINE OF
PROPOSED ANNEXATION
BOUNDARY LINE OF
EXISTING ANNEXATION
50,00'
BYRNE
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STEVENS CREEK BOULEVARD
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GRANADA AVE.
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ALMADEN AVE,
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO ENTITLED
"BYRNE AVENUE 94-01"
STOCKLMEIR
APN 357-11 ~15
MARCH, 1994
SITE
VICINITY MAP