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RESOLUTION NO. 9621
A RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "BYRNE
AVENtTE 96-01 APPROXIMAT'ELY 0.172 ACRE LOCATED ON
THE NORTH SIDE OF MCCLELLAN ROAD BETWEEN BYRNE
AVENUE AND ORANGE AVENL7E; ASKARINAM (APN 357•14-
012)
WHEREAS, a petition for the unnexadon of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.172 acre on the north side of
McClellan Road (APN 357-14-012) has been filed by property owners Aram Askarinam,
Khani Askarinam and Touran Askarinam; and
WHEREAS, on May 6, 1996, the City Council adopted Resolution No. 9605
initiating proceedings for annexadon of the area designated "Byrne Avenue 96-O1; and
WHEREAS, suid territory is uninhabited and sill ownets of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the Califomia Govemment 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 resotution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for snid anne~6on; and
WHEREAS, Govemment Code Section 56537 provides that if a petiNon 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
WI-IEREAS, evidence wa.a presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of the City of
Cupertino as follows:
' Resolution No. 9621• • Page 2
l. That it is the conducting suthority pursuant to Section 35150.5 of the Govemment
Code for the annexation of property designated "Byme Avenue 96-01", more
particutarly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a That suid territory is uninhabited and comprises approximately 0.172
acrc.
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. 'fhe City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and pceviously 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 RI-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districu.
f. That thi: territory is ~7thin the city urban service area as adopted by the
Local Agency Formation Co~mission.
g. T'hat the annexadon is made subject to no terms and conditions.
h. That the Counry Surveyor hsis determined the bo~u?dtuies of the proposed
annexation to be definite nnd certain, and in compliance with the
Commission's road unnexation policies. The City shall reimburse the
County for actual co.~ts incurred by the County Surveyor in making this
determination.
i, That the proposed annexution does not create islands or areps in which it
would be difficuit to provide municipal services.
j. That the proposed annexntion does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
2
Resolution No. 9621~ • 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. Thnt the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby oraered without election pursuaat to Secdon 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 nnneacx?tion as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of June, 1996 by the following vote:
1~4Ie Mcm~srs Qf Sha ~iLX ~.un~il
AYES: Bautiata. Chang, Dean, Sorensen, Bumett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVF,U:
~
City Clerk Mayor, City of Cupertin
rc:otutUies9671.doc
3
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EXHIBIT A
For Annexation BYRNE AVE. 96-01
All of that cenain property situate in Santa Clara County, Cu;ifomia described as foilows:
BEGIIVNING at the intersection of the Northerly boundary of McClelian Rd. and the Easterly
boundary of Byrne Avenue (formerly known as Buena Vista Ave.), said comer being the
Southwesterly comer of lot 180 as shown upon that certain Map entitled "Map of Subdivision
'A' Monta Vista", as recorded in Book P of Maps at page 20 S~nta Ciurn County Records,
thtnce along the Fasterly boundary of Byme Ave. und along the Easterly line of that certain
Annexation to the City of Cupenino entitled "Byrne Ave. 85-01" North 75.00 feet; thencc
leaving said boundary oEByme Avenue but continuing along the Ciry limits of Cupertino East
I00, IS feet to u point on the Easterly line of tot 177 as shown on the abovc mentioned Map;
thence leaving said City limits of Cupertino and heading along said Easteriy boundary of lot
177 South 75.00 feet to u point on the Northerly line of McClellan Rd. and the Northerly line
~ of that certain Anne~cation ro the City of Cupertino entitkd "Howell 76-9"; thence along said
boundaries West 100.15 feet to the point of BEGINNING.
Containing 0.172 acre more or less and consisting of all of a poRion of lots 177, 1'78, 179 and
180 as shown on the above mentioned Map.
APN 35?-14-012
Q~tOFESSIpy
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EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
EN TI TLED
BYRNE AVE. 96-01
20 E-- so.oo'
EXIS?iN ANNEXATION
I BYRN AVE. 85-01 ( P~g~P
I 20.OU' ( ~,O
~P O
I LOT~ LOT LOT ~ LOT 5~~~~'~ a
180 179 178 ~ 177 J0
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I ~I EAST a,PQ ~1l0iESSr,~~, O
I p !
Q 100.15' ~~a`~ ~~OS E. NF~ l v
~ ~"~l
I W ¢ No. 20597 T
0
Z ~o ~o° {c 991 ~
o ui 0.172 AC.
~ Z~ c~n n ~r91 CIY11. ~~Q' ~ 5p'
I m F OF CAl1E~~'
WEST
N P0B100.15~MC CLELLAN RD ~
~ EXISTING ANNEXATION
HOWELL 76-9 0
EXISTiNG ANNEXATION
MC CLELLAN i-A APN 357-14-012
~VICINITY MAP _
-CUPER71N0 CiTY LIM17S
I Q Q
i w
'I Z Z --PROPOSED ANNEXA?lON LIMITS
I ~ DOLORES o
, APRIL 11, 1996
I
I MC CLELLAN RD.
~ SITE
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