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89,415 08-01 10613/10645 Baxter Ave. Yiu/Lau ® � CON F191].K fE�COPY: Inis document has not bcen compared with the original. ® ® SAN T A CLARA COUNTY CLERK-RECORDJE& Local Agency Formation Commission of Santa Clara County Doc#: 20049688 CERTIFICATE OF COMPLETION 11/19/2008 2:04 PM 1,Neelima Palacherla, Executive Officer of the Santa Clara County Local Agency Formation Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200 and 57201. I hereby certify that I have examined Resolution No.08-101 for a reorganization attached hereto and have found this document to be in compliance with government Code Section 56757 authorizing cities within the County of Santa Clara to assume authority over certain changes in government organization. The name of the City is: Cupertino. The entire City is located in Santa Clara County. The change of organization completed is ANNEXATION to Cupertino and detachment(s)from the following: NONE A map and description of the boundaries of the change of organization are appended hereto. The title of this proceeding is: Baxter Avenue 08-01 (Uninhabited) The City has complied with all conditions imposed by the Commission for inclusion of the territory in the City's Urban Service Area. The change of organization was ordered subject to the following terms and conditions: NONE. The date of adoption of the City Resolution ordering the reorganization is 8/5/2008. 1 declare under the penalty of perjury in the State of California that the foregoing is true and correct. /l /� Dated: it �� 2!�� Neelima Palacherla, Executive Officer LAFCO of Santa Clara County Attachments:City Resolution,Legal Descriptions(Exhibits A-I and A-2)and Maps(Exhibit B-1 and B-2) 70 West Hedding Street . 11 th Floor,East Wing - San Jose,CA 95110 - (408)299-5127 - (408)295-1613 Fax - wvvw.santaclara.lafco.ca.gov COMMISSIONERS:Blanca Alvarado,Pete Constant,Ron Gage,John Howe,Susan Vicklund-Wilson ALTERNATE COMMISSIONERS:Sam Uccardo,Pete McHugh,Al Pinheiro,Terry Trumbull EXECUTIVE OFFICER:Neelima Patacherla RESOLUTION NO. 08-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED"BAXTER AVENUE 08-0199,PROPERTY LOCATED ON THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE, LAU(APN 326-11-012),YIU(APN 326-11-014 WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.44+ acre on the west side of Baxter Avenue between Answorth Avenue and Starling Drive (APN 326-11-012 and APN 326-11-014) has been filed by property owners Alfred Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu; and WHEREAS, on June 17, 2008, the City Council adopted Resolution No. 08-085 initiating proceedings for'annexation of the area designated"Baxter Avenue 08-01"; and WHEREAS, said territory is uninhabited and.all owners of land included in the proposal consent to this annexation;and WHEREAS, Section 56757 of the California Government 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 resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; 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; and WHEREAS,evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Baxter Avenue 08-01", more particularly described in Exhibits "Al", "AT',"B 1",and"BT; 2. That the following findings are made by the City Council of the City of Cupertino: Resolution No. 08-101 Page 2 a. That said territory is uninhabited and comprises approximately 0,44 acre. 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. The City Council has completed an initial study and has found that the annexation of said territory has no'significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Council on January 17, 1980, to;enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-10 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 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. in. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 56837 et seq. of the Government Code. 2 Resolution No. 08-101 Page 3 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of August 2008,by the following vote: Vote Members of the Qjy Council AYES: Sandoval,Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Dolly Sandoval City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE ATTEST Q [ K 20� CITY CLERK THE CITY UP� 71N0 BY CITY CLERK Idi EXHIBIT "A-1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA A portion of the San Antonio Rancho,Santa Clara County,California being all of Lot 47, as shown on that certain Map entitled,"Tract No. 780'Creston' Unit No. 2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954; said Lot 47 lying in the Unincorporated Area of Santa Clara County, State of California,and being more particularly described as follows: Commencing for a Point of Reference a the nor thwestcomer of Lot 46 as shown on that certain Map entitled,"Tract No. 780'Creston' Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954,and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (I)thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03, S i 0022'00"W, 103.23 feet to the northwest corner of said Lot 47 being the POINT OF BEGINNING for this description; l. thence leaving said easterly boundary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 47, S79°39'00"E, 125.00 feet to the northeasterly corner of said Lot 47 which lies on the westerly boundary line of Baxter Avenue (60 feet wide)as shown on said Map entitled,"Tract No. 780'Creston' Unit No.2"; 2. thence along the easterly boundary line of said Lot 47 and the westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled,"Tract No. 780'Creston' Unit No. 211, S 10°22'00"W, 75.00 feet to the southeasterly corner of said Lot 47; 3. thence leaving said westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled,"Tract No. 780'Creston' Unit No.2"and along the southerly boundary line of said Lot 47,N79°39'00"W, 125.00 feet to the southwesterly comer of said Lot 47 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03; 1 EXHIBIT "A-1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNExATIoN TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4. thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47,Nl0°22'00"E, 75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION Disclaimer: "For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer or sale of t1we!and descn-beAL" Containing 0.22 acres,more or less A.P.N. :326-11-012 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXAIBIT"B-1", `BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Prepared By. AND s / S Q.t�► wy�\ 1�� S. MAy G� `G� a2 � Michael S.Mahoney,P.L.S. a � ` Revised: May 27 2008 a_ H°.ssy� 4 o Y Exp. 12/3110�L ��'9TURVEYdQ F�F Cq�-10 2 EASTERLY BOUND AV FOOTHILL BOULEVARD OF f '�NEXATION No.82-03 0 _ 40' r a �'q REVISED: MAY 27, 2008 cV S85'42'10"E 12507' ?A o �c�ac oa p op t LU ca O uro 8 `� O o ut O 125 00, vIU oCO z c� APN. 326-'1 y 40: a 2 0.22 acres 01 � 3 N73-3900 w ch ! ��� 496 1zs.� $ FREEWAY 280 LEGEND q w LINE OF PROPOSED ANNEXATION V CRESTON IDX FOR LOT 47 ' AWSWORTH pH -- ---- --- LINE OF EXISTING ANNEXATION AS NOTED 14 CPR DENOTES COMMENCING FOR A POINT OF REFERENCE 14 AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION AYE• POB DENOTES POINT OF BEGINNING AS DESCRIBED O q IN EXHIBIT"A"LEGAL DESCRIPTION NARTMAN DR DISCLAIMER: "For assessment purposes only.This description of land is not a legal property description as defined In the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." LOCATION MAP EXHIBIT "B-1 " PLAT TO ACCOMPANY LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 47 OF "Tract No. 780"Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10645 BARTER AVENUE, LOS ALTOS, CALIFORIV A EXHWIT "A-2" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA A portion of the San Antonio Rancho,Santa Clara County, California being all of Lot 49, as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954; said Lot 49 lying in the Unincorporated Area of Santa Clara County,State of California,and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map en.V 'Tract ' e �`==�t�'Js:780 ..^rest . Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954,and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (I)thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03,S 10°22'00"W,253.23 feet to the northwest corner of said Lot 49 being the POINT OF BEGINNING for this description; 1. thence leaving said easterly boundary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 49,S79°39'00"E, 125.00 feet to the northeasterly corner of said Lot 49 which lies on the west boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled, "Tract No. 780'Creston, Unit No.2"; 2. thence along said westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled,"Tract No. 780'Creston' Unit No. 2"being the easterly boundary line of said Lot 49, S 10°22'00"W, 75.00 feet to the southeasterly corner of said Lot 49: 3. thence leaving said westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled,"Tract No. 780'Creston' Unit No.2"and along southerly boundary line of said Lot 49,N79°39'W'W, 125.00 feet to the southwesterly comer of said Lot 49 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03: 1 E)CMrT"A-2" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA (Continued) 4. thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 49,N10°22'00"E,75.00 feet to the northwesterly corner of said Lot 49 being the POINT OF BEGINNING.• END OF DESCRIPTION Containing 0.22 acres, more or less A.P.N. :326-11-014 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT "B-2", `BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Disclaimer: "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." Prepared By. LA/�/ A4� s{�� Michael S. Mahoney,P.L.S. 02�X- Revised: May 27,2008 rua ss�� o • Exp.12/31/09 F OP CA%-,FO 2 EA37J;RLY BOUND My BOULEVA OF I ANNEXATION NO.82-03 0 40' REVISED: MAY. 27, 2008 o�26.0r h �a 6t7� o cc -�_ z ? 06 O 3797 1 Z 12S.00. O o z Y► �j /y ar'N. 326_11-01 g U �. .22 Acres Q O N793900.W "+ SWAY 280 QN� LEGEND 00 w a'0 CRESTpN JDR LINE OF PROPOSED ANNEXATION v FOR EAT 49 W �A7NSwOR7fi D -- -- -- LINE OF EXISTING ANNEXATION AS NOTED CPR DENOTES COMMENCING FOR A POINT OF REFERENCErtG AYE• AS DESCRIBED IN EXHIBIT W LEGAL DESCRIPTION POB DENOTES POINT OF BEGINNING AS DESCRIBED o IN EXHIBIT W LEGAL DESCRIPTION O I�4RTM.iN D.R. DISCLAIMER: "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." LOCATION MAP EXHIBIT "B-2" PLAT TO ACCOMPANY LEGAL DESCRIPTION AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 49 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10613 BARTER AVENUE,LOS ALTOS, CALLFORNL4 RESOLUTION NO. 08-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "BAXTER AVENUE 08-01", PROPERTY LOCATED ON THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE, LAU (APN 326-11-012), YIU (APN 326-11-014 WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.44+ acre on the west side of Baxter Avenue between Answorth Avenue and Starling Drive (APN 326-11-012 and APN 326-11-014) has been filed by property owners Alfred Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu; and - - ---',X[HRREA.&, on-June?, 2008, the City Council adopted Resolution No. 08-085 initiating proceedings for annexation of the area designated"Baxter Avenue 08-01"; and WHEREAS, said territory is uninhabited and all owners of land included in the -,jnsent to this annexation; and WHEREAS, Section 56757 of the California Government 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 resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; 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; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Baxter Avenue 08-01", more particularly described in Exhibits "Al", "A2", "B 1", and "132"; 2. That the following findings are made by the City Council of the City of Cupertino: 9 Resolution No. 08-101 Page 2 a. That said territory is uninhabited and comprises approximately 0.44 acre. 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. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Council on January 17, 1980, to, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-10 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 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. in. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 56837 et seq. of the Government Code. 2 Resolution No. 08-101 Page 3 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of August 2008, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Dolly Sandoval City Clerk Mayor, City of Cupertino 3 EXHIBIT 66A-1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4. thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47,N10°22'00"E,75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION Disclaimer: "For assessment purposes only.This description of!and is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described" Containing 0.22 acres,more or less A.P.N. :326-11-012 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT"B-1", "BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Prepared By. Michael S. Mahoney, P.L.S. 0* �� Revised: May 27, 2008 Q, MJ.5577 u 0 Exp. t2lavo,q U ���.sURVEYOP �C��Q' Qp CA�iF� 2 i EXHIBIT "A-2" LEGAL DESCRIPTION BARTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA A portion of the San Antonio Rancho,Santa Clara County,California being all of Lot 49, as shown on that certain Map entitled,"Tract No. 780'Creston' Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954; said Lot 49 lying in the Unincorporated Area of Santa Clara County, State of California,and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954,and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (I)thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03, S 10°22'00"W,253.23 feet to the northwest corner of said Lot 49 being the POINT OF BEGINNING for this description; i 1. thence leaving said easterly boundary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 49,S79°39'00"E, 125.00 feet to the northeasterly comer of said Lot 49 which lies on the west boundary line of Baxter Avenue (60 feet wide)as shown on said Map entitled, j "Tract No. 780'Creston' Unit No.2"; 2. thence along said westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled, "Tract No. 780'Creston'Unit No.2"being the easterly boundary line of said Lot 49, S10°22'00"W, 75.00 feet to the southeasterly corner of said Lot 49: 3. thence leaving said westerly boundary line of Baxter Avenue(60 feet wide) as shown on said Map entitled,"Tract No. 780'Creston' Unit No.2"and along southerly boundary line of said Lot 49,N79139'00"W, 125.00 feet to.the j southwesterly corner of said Lot 49 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03: 1 i I EX MI'T "A-2" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4. thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 49,N10°22'00"E, 75.00 feet to the northwesterly comer of said Lot 49 being the POINT OF BEGINNING.; END OF DESCRIPTION i Containing 0.22 acres, more or less A.P.N. :326-11-014 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT"B-2", "BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Disclaimer: "For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." I i Prepared By. p�P��A p I lvlads- Michael S. Mahoney,P.L.S. Revised: May 27,2008 cc 0 Exp. 12/41/09 Ofi Cf+�-\F 2 i i EASTERLY BOLIND FOOTF{ILL BOULEV RD OF ' ANNESX�ATION No. s2-03 0 40' REVISED: MAY 27, 2008 N SBaS'd2r��E 125.0 a � Poo -ox,g p®G,VI 0 A 1 $LOL �o LL N Q a� f ��e r sls°�'oo•E z �' j mz f w g o o APN c z 0.22 ALU cres ,.! 3 N79'3g 00 W i° �� f2s.00, S FREEWAY180 LEGEND� CRESTON LINE OF PROPOSED ANNEXATION DR FOR LOT 47 AINSWORY9 -- — -- LINE OF EXISTING ANNEXATION AS NOTED CPR DENOTES COMMENCING FOR A POINT OF REFERENCE AVE. AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION e�. A1tIING pOB DENOTES POINT OF BEGINNING AS DESCRIBED O C IN EXHIBIT W LEGAL DESCRIPTION H.tRTMAN DR- DISCLAIMER; "Foassesnt property purposes only.This description of land is not a legal description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.' LOCATION MAP EXHIBIT "B-1 " PLAT TO ACCOMPANY LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 47 OF "Tract No. 780"Creston Unit 2", filed in Book 50 of Maps, Pages 32 &33 Official Records of Santa Clara County on June 4, 1954 10645 BARTER A VENUE, LOS ALTOS, CALWORNIA I i FOOTHILLERLY BOUNDgRY OF V BOULEVARD 1 ANNEXATION NO.82-03 40' ,4 ZZOF d C� 0 REVISED: MAY.27, 2008 gp, zD a 125 o7' D LU lJ h ki o LS O CO S7g39.00 E %C 2 925.00, oZ1 o APN. 6 I-- f Z 0.�2�`'1'014 CY cres 3 n7,9-3,9100 y t tzs.00� o F EWAY 280 t Qom 4 LEGEND AD w q CMTON DR, LINE OF PROPOSED ANNEXATION FOR LOT 49 AINSWORTH D LINE OF EXISTING ANNEXATION AS NOTED y W CPR DENOTES COMMENCING FOR A POINT OF REFERENCE AYE, AS DESCRIBED IN EXHIBIT`A"LEGAL DESCRIPTION w i POB DENOTES POINT OF BEGINNING AS DESCRIBED 0 IN EXHIBIT W LEGAL DESCRIPTION s� 015[,1 AINIFR, rw HARTM" DR. "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.' LOCATION .MAP 11 - PLAT TO ACCOMPANY�LEGBA 2"L DESCRIPTION AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 49 OF "Tract No. 780 "Creston Unit 2", filed In Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10613 BAXTER AVENUE, LOS ALTOS, CALIFORNIA County of Santa Clara ou T Department of Planning and Development Development Services office n i County Government Center, East Wing 70 West Hedding Street, 7th Floor San Jose, California 951 10 Y 18s0 (408)299-5700 FAX(408)279-8537 April 18,2008 Grace Schmidt Deputy City Clerk Cupertino City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 The proposed annexation"Baxter Avenue 08-01" is not in accordance with Government Code Sections 56757 and/or 54900 through 54903 (dated August 1,2005). Please follow the County Surveyor Requirements and/or the Requirements of the State Board of Equalization dated August 1,2005 (copy enclosed). The boundaries are not definite and certain in the following respects: This annexation contained two different Exhibit A's and two different Exhibit B's. As the intent is for this to be one annexation these Exhibits need to be combined. EXHIBIT A: • The annexation name should be shown on Exhibit A. • Include the township and range,section number, or rancho designations in the caption. • The description should be written in a clockwise direction. • Give R/W width of Baxter Avenue. • Add disclaimer as shown in sample description. EXHIBIT B: • The annexation name should be shown in title block. • Verify and revise bearings and distances as shown. • Include the township and range,section number,or rancho designations in the title block. • Number all courses. • Add disclaimer as shown on sample map. Please make other revisions as shown on the Exhibit A and Exhibit B check prints. Please show the revision date on any subsequent map and description and return three (3) copies of each (signed and sealed) to me when you resubmit this annexation proposal. If you have any questions regarding this letter,please call me at(408) 299-6862. Very truly yours, Jack Schepens Engineering Technician III Board of Supevisors: Donald F Gage, Blanca Alvarado, Pete McHugh,James T. Beall,Jr., Liz Kniss County Executive: Pete Kutras,Jr. Enclosures _ EXHIBIT "A" LEGAL DESCRIPTION � P D ANNEXATION TO THE CITY OF CUPERTINO, CA_LIFORNIA All of Lot 47, as shown on that certain Map Vntitled, "Tract No. 780'Creston' Unit No. 2" filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954; said Lot 47 lying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Point of Reference at northwest comer of Lot 46 as shown on that certain Man entitled, "TractNo. 780'Creston' 8 '/ recto Unit No. ' filed r Official _ r record in the icia Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 3;rn June 4, 1954, and said northwest corner of Lot 46 being on the easterly boundary linerthe Foothill Boulvard Annexation 82-03 as described in Document Number�83325971Jfiled in the Official Records of Santa Clara County on ebruary 33, 198 N0 f ✓C CI ✓E a a� (I) thence along said easterly of the Foothill Boulevard Annexation 82-03, S 10.22'00"W, 103.23 feet to the northwest corner of said Lot 47 being the POINT OF BEGINNNING for this description; (7 %�7l c <%c��rc�' �.rl ff e o ✓/? Gi ply �lNlf7� �t ct�//`cam'T c 1. thence along said easterly of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47, S10°22'00"W, 75.00 feet to the southwesterly corner of said Lot 47; 2. thence leaving said easterly of the Foothill Boulevard Annexation 82-03 and along the southerly boundary line of said Lot 47, S79°38'00"E, 125.00 feet to the southwesterly corner of said Lot 47 which lies on the west boundary line of Baxter Avenuxas shown on said Map entitled, "Tract No. 780'Creston' Unit (67d fee-` wi 4el) 3. thence along said westerly boundary line of Baxter Avenue as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"being the easterly boundary line of said Lot 47, N10°22'00"E, 75.00 feet to the northeast corner of said Lot 47: 4. thence along the northerly boundary line of said Lot 47 N79°38'00"E, 75.00 feet to the POINT OF BEGINNING END OF DESCRIPTION 1 EXHIBIT "A" LEGAL DESCRIPTION kPO {D ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA (Continued) Containing 0.22 acres, more or less A.P.N. :326-110-012 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT "B", "PROPOSED ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA'ATTACHED HERETO AND MADE APART HEREOF. Prepared By: M,41r0 �gG G Michael S. Mahoney, P.L.S. a NO.5577 ebrua7, 7, 200 Exp. 12/31/aq- VRV'EYOQ' Q� �QF CAL1F0 Q ✓` v 51 EASTERLY BOUNDARY �— FOOTHILL BOULEVARD OF ' ANNEXATION NO. 82-03 0 40' goy �p y o f FEB. 7, 2008 _ fl0 gzG2 &f'G ]g51'a�2po,E s.o vv.5Cr �aj� a pa�000 o ca 3�� o� \ 0 0 0 � � y\ 11 N � O o � o / o\e 5 soDyr,� o Q) ( c) Ljj 1 . aPN: 326 1 op �► "� Qz ' N p22 1-012 .•� c1J Q g\ A/ Acres C 079 91 w ' /7 p �25.00. G� FREEWAY 280 LS p LEGEND vq a CRESTON DR. DR• LINE OF PROPOSED ANNEXATION AINSWORTH� �O W FOR LOT 47 LINE OF EXISTING ANNEXATION AS NOTED T,g,,�LrSG AVE. CPR DENOTES COMMENCING FOR A POINT OF REFERENCE 0 AS DESCRIBED IN EXHIBIT"A" LEGAL DESCRIPTION �T, DENOTES POINT OF BEGINNING AS DESCRIBED HARTAIAN DR. POB IN EXHIBIT"A" LEGAL DESCRIPTION g U 1r -rd clv/"14, 1�Cr1?cAe Qr p� 4o LOCATION MAP 16�x7—el� c�� 6p--01 EXHIBIT "B" >Ib/r/ l�'rs e �a f e--� e r P T TO ACCOMPANY LEGAL DESCRIPTION �ROP�SEQMNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA LOT 47 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10645 BARTER A VENUE, LOS ALTOS, CALLFORNIA EXHIBIT "A" j � ✓Ci LEGAL DESCRIPTION ( PO,STD ANNEXATION TO / THE CITY O,Fr_CUPERTINO, CALIFORNIA /!j C i%'0 All of Lot 49, as shown on that certain�ap entitled, "Tract No. 780'Creston' Unit No. 2" filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954; said Lot 47 lying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Point of Reference at northwest corner of Lot 46 as shown on that cartaiii Map entitled, "Tract No. 780'Cieston' Unit No. 2"filed f6r record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954, and said northwest corner of Lot 46 being on the easterly bound lina°rthe Foothill o Boulvard Annexation 82-03 as described in Document Numbet 8833325971,filed in the Official Records of Santa Clara County orb February 13, 1985; `,� � VC,��fe w. • , ra s �'l' �%i`o✓4 c;�c C� (I) thence along said easterly of the Foothill Boulevard Annexation 82-03, S10°22'00"W, 253.23 feet to the northwest corner of said.Lot 49 being the POINT OF BEGINNING for this description; `•r o revCTf ¢ v ,` 1'70 , r/ /6e W1;'1ftQ1? /r7 �7 1. thence along said easterly of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 49, S10°22'00"W, 75.00 feet to the southwesterly corner of said Lot 49; 2. thence leaving said easterly of the Foothill Boulevard Annexation 82-03 and along the southerly boundary line of said Lot 49, S79°38'00"E, 125.00 feet to the southwesterly corner of said Lot 49 which lies on the West boundary line of Baxter Avenue,as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"• 6C i�e f W, 4e) 3. thence along said westerly boundary line of Baxter Avenue as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"being the easterly boundary line of said Lot 49,N10°22'00"E, 75.00 feet to the northeast corner of said Lot 47: 4. thence along the northerly boundary line of said Lot 49,N79°38'00"E, 75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION 1 EXHIBIT "A" LEGAL DESCRIPTION Q f PROPOSED ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) Containing 0.22 acres,more or less A.P.N. :326-110-014 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT "B", "PROPOSEDANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. �c< -1 LD � t�Qf Prepared By: s Michael S. Mahoney, P.L.S. CL NO.5577 O Fe_ b 2008 Exp. 12/31/03 Of OF CA1-CFO 2 /Z5- o i r 10 m 32 -3.3 ASTERL g O LNDARY OF �� ANNEXATION NO 0 40' .YARD 82-03 �� . FEB.cv) 7 2008 _ GGL ��iOGU'"44�/Vjo�3f N p S85° jv 42'10" 186.03, 4" Q oCO LL -� 125.00, a `� CCJ xfj r�1 j !a m 0 QO� j�� S 3, `f ^ O �' Z _; o V 1 AP w z 1 o fv 0"22 Acres �o Q 0oo, N m c FREEWAY 280 :7 � 90 U CRESTON ID-R. LEGEND AINSWORTH DR. LINE OF PROPOSED ANNEXATION W FOR LOT 49 �O LINE OF EXISTING ANNEXATION AS NOTED STARLIN G AVE. CPR DENOTES COMMENCING FOR A POINT OF REFERENCE AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION q HARTMAN DR. POB DENOTES POINT OF BEGINNING AS DESCRIBED IN EXHIBIT"A" LEGAL DESCRIPTION v pofci"c( . -racw?�',/ /1 cl e Or Z0 LOCATION MAP ,g,jx-Fe" (, E/u'U EXHIBIT nB�� ° ` PLAT TO ACCOMPANY LEGAL DESCRIPTIONO E PROPANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA LOT 49 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10613 BARTER AVENUE, LOS ALTOS, CALIFORNIA STATE BOARD OF EQUALIZATION CHANGE OF JURISDICTIONAL BOUNDARY REQUIREMENTS FOR STATEMENTS, GEOGRAPHIC DESCRIPTIONS, MAPS AND FEES SECTIONS 54900 THROUGH 54903, GOVERNMENT CODE AUGUST 1, 2005 GENERAL REQUIREMENTS The Tax-Rate Area System is administered by the State Board of Equalization (Board) and used by counties for the prope, allocation of property tax ievenues betmen counties, cities, and special tax districts. The requirements and fees described herein apply to all statements filed pursuant to sections 54900 through 54903 of the Government Code.' This document is provided as a guideline for the proper submission of geographic descriptions, maps and fees. Copies of this document, the Statement of Boundary Change (Form BOE-400-TA), sample map, sample geographic description, and other information are available on the Board's website at www.boe.ca.gov and can be accessed by selecting Property Taxes, Tax Area Services Section. In regard to a jurisdictional boundary change filing, please note the following: 1. The final date to file with the Board for a change of jurisdictional boundary for all special revenue districts is on or before December 1 of the year immediately preceding the year in which the assessments or taxes are to be levied (GC§ 54902). 2. All fees shall accompany the filing. Make checks payable to the "Board of Equalization." Please reference: Tax Area Services Section, MIC: 59. 3. Mail the completed filing to: US Postal Delivery FedEx or UPS Delivery State Board of Equalization State Board of Equalization Tax Area Services Section Tax Area Services Section P.O. Box 942879 450 N Street, MIC: 59 Sacramento, CA 94279-0059 Sacramento, CA 95814 Inquiries concerning these requirements should be directed to the Tax Area Services Section at 916-322-7185, or by fax at 916-327-4251. ' All references are to the Government Code unless otherwise specified. - 1 - Requirements&Fees—Boundary Change August 1,2005 DOCUMENTS REQUIRED TO FILE A CHANGE OF JURISDICTIONAL BOUNDARY Please submit Items 1 through 9 as a single package: 1. Statement of Boundary Change (Form BOE-400-TA) 2. Certified copy of election results 3. Certificate of Completion (if applicable) 4. Resolution(s) 5. Written geographic description of the project area 6. Maps and supporting documents 7. List of assessor's parcel numbers of the project area 8. Letter of tax-rate area assignment (if applicable) 9. Fees INCOMPLETE FILING PACKAGES will delay processing and may result in the boundary change being held until the following assessment roll year. The following information is provided to assist you in filing your jurisdictional boundary change. Fees charged for processing jurisdictional boundary changes are listed on Page 6, and definitions and special fee provisions are provided on Page 7. Statement of Boundary Change Filings must be submitted on Form BOE-400-TA, Statement of Boundary Change. This form is available on the Board's website at http://www.boe.ca.goy1 roptaxes/pdf/400ta.pdf. Certified Copy of Election Results A certified copy of the election results authorizing the change and the resulting assessment must be submitted, pursuant to Article XIII C, Section 2 of the State Constitution (commonly referred to as Proposition 218). Certificate of Completion A certificate of completion must be included for all filings submitted through the Local Agency Formation Commission. All documents must be recorded before submittal. (Conformed documents are acceptable.) Resolution(s) The resolution(s) with signatures from the tax levying authority shall be submitted with the filing. Resolution(s) shall have a resolution number, the title of the project, and a detailed description of the content of the boundary change. -2 - Requirements&Fees—Boundary Change August 1,2005 Written Geographic Description(s) of the Protect Area(s) Descriptions of the territory that are filed with the Board's Tax Area Services Section (TASS) are used to establish geodetic position and are not intended to establish property ownership in a court of law.2 Subdivision maps, tract maps, recorded survey maps, survey monuments, and deeds are not on file with the Board. Boundary descriptions that merely cite recorded documents or refer to assessor's parcel numbers will not be accepted. Any supporting documents may be used as reference only and cannot be used as a substitution. Written geographic descriptions shall conform to the following specifications: 1. Every written geographic description (a document separate from the maps) must stand on its own without the necessity of reference to any extraneous document; a description that relies solely on the use of secondary references will not be accepted. The TASS cartographic staff must be able to plot the boundaries from the written description alone. 2. The written description shall be of the project area only. If a complete description of the special district is filed, the project area shall be clearly identified in a separate document. 3. The geographic description shall: a. State the township and range, section number(s) or rancho(s) b. Have a point of beginning (POB) referenced to a known major geographic position (e.g., section corners, intersection of street centerlines, or the intersection of street centerline and an existing district boundary at the time of filing). A description will be rejected if the POB refers only to a tract map, a subdivision map or a recorded survey map. It is preferable that the POB be the point of departure from an existing district boundary (when applicable). c. Be expressed as a specific parcel description in sectionalized land (e.g., "The SW 1/4 of Section 22, T1N, R1VV') or by bearings and distances. When the description is by bearings and distances, all courses shall be numbered and listed individually in a consistent clockwise direction. The description shall not be written in a narrative format. All courses required to close the traverse of the project area must be stated. All curves must be described by direction of concavity. Delta, arc length, chord, and radius shall be listed, including radial bearings for all points of non-tangency. Following are examples of unacceptable and acceptable descriptions: Unacceptable (This description refers only to extraneous documents and does not stand alone.) "From the point of beginning, northerly to the southwest corner of that certain property recorded in Book 12, Page 15 of Recorded Deeds, thence easterly to the southeast corner of that certain property recorded in Book 12, Page 16 of Recorded Deeds...." Acceptable (This is the same description with the courses numbered and the bearings and distances added.) "From the point of beginning: Course 1, North 1 ° 18'56" West a distance of 150' to the southwest corner of that certain property recorded in Book 12, Page 15 of Recorded Deeds, thence, Course 2. North 850 7'56" West a distance of 75'to the southeast corner of that certain property recorded in Book 12, Page 16 of Recorded Deeds, thence...." Z The Board's Tax Area Service Section is not involved in issues relating to property ownership. -3 - Requirements&Fees—Boundary Change August 1,2005 4. The written description shall state the acreage for each separate single area (see Definitions and Special Fee Provisions for the definition of a single area) and a combined total acreage of the project area. Example: "Area A containing 2.50 acres, Area B containing 1.75 acres: Total computed acreage containing 4.25 acres more or less." 5. All information stated on the description must match with the map(s), such as the name of the short title, the point of beginning, the course numbers, all the bearings and distances, and the acreage(s). Map(s) It is strongly recommended that all maps submitted to the Board be filed in electronic/digital form. Digital information will not be shared without the permission of the applicant. Maps submitted as part of the jurisdictional boundary change filing shall conform to the following specifications: Map Documents: 1. All maps shall be professionally and accurately drawn or copied. Rough sketches or pictorial drawings will not be accepted. Assessor's parcel maps will not be accepted as a substitute for the project map. 2. Original or copies of the same size project map must be submitted. Reduced maps are not acceptable and will be rejected. 3. A vicinity map shall be included. The vicinity map shall show the location of the project area in relationship to a larger geographic area that includes major streets and highways or other physical features. 4. Any portion of an existing district boundary in close proximity to the project area shall be shown and identified. 5. Every map must clearly show all existing streets, roads and highways with their current names that are within and adjacent to the project area. Additionally, every map shall indicate each township and range, section lines and numbers, or ranchos that are in proximity of the project area. 6. Every map shall bear a scale and a north arrow. The point of beginning shall be clearly shown and match the written geographic description. 7. The boundaries of the project area shall be distinctively delineated on each map without masking any essential geographic or political features. The boundaries of the project area must be the most predominant line on the map. Boundary lines that are delineated by a line that exceeds 1.5 millimeter in width shall be rejected. The use of graphic tape or broad tip marking pens to delineate the boundary is not acceptable. 8. All dimensions needed to plot the boundaries must be given on the map of the project area. Each map shall have numbered courses matching the written geographic description. Index tables may be utilized. 9. All parcels within the project area that touch the new boundary shall be clearly labeled with the assessor's parcel number. Interior parcels that do not touch the boundary need not be identified on the map. -4 - Requirements&Fees—Boundary Change August 1,2005 10. If the project area has an interior island(s) of exclusion or the boundary has a peninsula of exclusion (or inclusion), that area(s) should be shown in an enlarged drawing. This drawing should be of sufficient size and scale to allow TASS to plot the boundary without difficulty. 11. When it is necessary to use more than one map sheet to show the boundaries of the project area, the sheet size should be uniform. A small key map giving the relationship of the several sheets shall be furnished. Match lines between adjoining sheets must be used. While the geography on adjoining sheets may overlap, the project boundaries must stop at the match lines. TASS has standardized the D size (24" x 36") map sheet, but will accept larger or smaller map sizes depending on the size and complexity of the individual single area(s). Digital Maps: Maps that are filed electronically shall conform to the same requirements as described in this section under map documents (Items 1 through 11 above). Additional items for digital maps are as follows: Required files -- The disk or CD shall contain only the following files: a. Map/drawing file(s) using AutoCAD.dwg format in vector format: • Plotting: The map drawing file shall have the same appropriate borders, legends, title blocks, signature block and any necessary information that is required for a manually drawn map. • Scale: The drawing shall be at real-world scale. • Lavers: A listing of the layers and their definitions shall be included in the "read_me" file. • File Format: File shall be in vector format only. Raster files, raster-vector hybrid, .pdf. tiff, .pcx, .eps, .gif, .jpeg or any other image formats will not be accepted. • Compressed Files: Files shall be uncompressed; compressed files will not be accepted. b. A text file labeled "read—me" listing: • The name, address, and phone number of the agency/special district • County name and city or district name • Project/short title of the action • Name, address and phone number of office that prepared the map file • List of files on the disk or CD • Map projection and datum • Layer definitions • Sheet size • Plotting scale • Date of creation c. Labels: The disk or CD must have a label that identifies: • The agency and/or special district submitting the map • Name of the project/short title • County name(s) • Date of creation -5 - Requirements&Fees—Boundary Change August 1,2005 List of Assessors Parcel Numbers for the Project Area A list of all affected assessor's parcel numbers must be submitted as part of the jurisdictional boundary change filing. Letter of Tax-Rate Area Assignment The jurisdictional boundary change filing must include a letter of the tax-rate area (TRA) assignment on consolidated counties only. This TRA assignment letter is provided by the county auditor's office. The current list of consolidated counties can be found on the Board's website. Fees All fees are required to be submitted at the time of filing. Please use the following schedule to calculate the fees. Make checks payable to the "Board of Equalization." Please reference: Tax Area Services Section, MIC: 59. Single Area Transactions Special Fee Provisions Acreage per Mapping Fee The following transactions may supersede or combine Single Area with the fees for single area transactions: Less than 1 acre $300 Additional county, per transaction $300 1.00 — 5.99 $350 Consolidation per resolution or ordinance $300 6.00 — 10.99 $500 Entire district transaction $300 11.00— 20.99 $800 Coterminous transaction $300 21.00— 50.99 $1,200 District dissolution or name change $0 51.00— 100.99 $1,500 101.00 — 500.99 $2,000 501.00 — 1,000.99 $2,500 1,001.00 —2,000.99 $3,000 2,001.00 and above $3,500 Example:A district is formed coterminous with a city boundary and contains 2 areas of exclusion of 4 and 7 acres. Coterminous transaction $300 (Entire city) Single Area #1 $350 (4 acres) Single Area #2 $500 (7 acres) Total Fee $1,150 IMPORTANT NOTE: If you have questions regarding filing requirements and fees, please contact the Tax Area Services Section at 916-322-7185, or by fax at 916-327-4251. Definitions and Special Fee Provisions 1. A single area means any separate geographical area regardless of ownership. A lot, subdivision or section could each be a single area. A geographical area that is divided into two or more parcels by a roadway, railroad right-of-way, river or stream is considered a single area. Geographic areas that are non-contiguous are not considered a single area. 2. Two areas are contiguous when the two polygons that define the areas share a common line segment. -6 - Requirements&Fees—Boundary Change August 1,2005 3. A concurrent transaction is defined as: a) Any combination of formation, annexation or detachment of a single area under one resolution or ordinance, each independent action must be dependent on the other action(s) in order to complete concurrent transaction, e.g., a reorganization. b) When there are more than one resolution or ordinance that is required to complete the action, each single area must have identical boundaries, identical actions, and the multiple resolutions or ordinances shall be inter-dependent for completion. The fee shall be according to the fee schedule provided on Page 6. There is no additional cost for the number of transactions involved. Multiple formations, annexations, or detachments of a single area under one resolution or ordinance that are not inter-dependent, must be filed separately and fees paid accordingly. 4. Coterminous transaction: If an annexed or detached territory comprises an entire city, district, or zone without affecting the existence of that city, district or zone, the total processing fee is $300. Such a transaction is completely coterminous. However, if a coterminous transaction involves areas of exclusion, each area of exclusion shall constitute a singe area transaction and all fees and requirements pertaining to singe area transactions apply. 5. The fee schedule assumes that an action is confined to a single county. If more than one county is involved, add $300 for each additional county. 6. Multiple area filings for special revenue districts shall be calculated as a separate fee for each single area. A separate fee must be computed for each ordinance or resolution. 7. Payment of the fee for the formation of a city or district may be deferred until that city or district receives its first revenue (section 54902.5). 8. Entire District transaction: When the action involves the whole district and the district's boundary is not altered by the action, it is considered an entire district transaction, e.g., annexation of a county service area countywide, annexation of a zone of improvement to the entire district. 9. Zones include temporary zones in highway lighting districts, zones of improvement, zones of benefit, improvement districts, or any other sub-units of a county, city or parent district. - 7 - Requirements&Fees—Boundary Change August 1,2005 CHECKLIST (This checklist is for your convenience only. Please, do not submit it with your filing.) Did you include the following items? ❑ Statement of Boundary Change (Form BOE-400-TA) ❑ Certified copy of election results (Proposition 218) ❑ Certificate of Completion (if applicable) ❑ Copy of the Resolution(s) ❑ Written geographic description: ❑ Can the geographic description stand alone? ❑ Is the description of the project area only? ❑ Does it include the township & range, section number(s) or rancho? ❑ Is there a point of beginning? ❑ Are the courses numbered to follow a clockwise direction from the point of beginning? ❑ Is the total acreage included? ❑ Does the information on the description match with the map(s)? ❑ Map(s): ❑ Is the map accurately drawn to professional standards? ❑ Is it the original size copy? ❑ Is a vicinity map included? ❑ Are existing boundaries shown and identified? ❑ Are existing streets, roads, and highways referenced with their current names? ❑ Does it include the township & range, section number(s), or rancho? ❑ Does it have a north arrow and scale bar? ❑ Is the Point of Beginning clearly shown? ❑ Is the boundary made apparent without masking adjacent background features? ❑ Are all courses numbered to follow the written description? ❑ Is each parcel that touches the new boundary and is within the project area labeled with an APN? ❑ Is an enlarge drawing included to show smaller areas of exclusion or inclusion, if applicable? ❑ Is there a key map for multiple sheets? ❑ Does the electronic filing conform to TASS standards? ❑ List of assessor's parcel numbers ❑ Letter of tax-rate area assignment from the county auditor (consolidated counties only) ❑ Fee. Make checks payable to the "Board of Equalization"with reference to Tax Area Services Section, MIC:59. Mail completed package to: US Postal Delivery FedEx or UPS Delivery State Board of Equalization State Board of Equalization Tax Area Services Section Tax Area Services Section P.O. Box 942879 450 N Street, MIC: 59 Sacramento, CA 94279-0059 Sacramento, CA 95814 - 8 - Requirements&Fees—Boundary Change August 1,2005 "EXAMPLE" ANNEXATION NO. 2001-03 ANNEXATION TO CLEARWATER SANITATION DISTRICT GEOGRAPHIC DESCRIPTION All that certain real property, situate in portion of Section 7, Township 2 South, Range 11 East, Mount Diablo Base and Meridian, in the County of George, State of California, described as follows: Beginning at the centerline of Magnolia Street and Essey Circle, 50 feet wide, also being the existing Clearwater Sanitation District boundary; Thence, (1) South 00005'00" West 25.00 feet along the existing boundary; Thence, (2) South 891115'00" East 145.00 feet; Thence, (3) South 05025'09" West 260.00 feet; Thence, leaving the existing district boundary, (4) North 88045'20" West 390.00 feet; Thence, (5) North 03020'00" West 210.00 feet to a point on the center line of said Magnolia Street; Thence, (6) North 89015'00" East 150.00 feet to the Point of beginning and containing 2.75 acres of land more or less. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described. ® M z z o ) F{i 2S,- O 00 O )2 )?s p p qy �TSoQOy O)Y )S O)O 0)) 00 7 O �O) ESSEY CIRCLE M z 0 "Lo )80OO) O OY ) )O C4 Existing District Boundar � cn � ea � -6�ca z zzzcncnCD = c0wCocncc m a 0 0 0 0 0j -� N N) - 0 . _ G'SQUl ("ICnCn Cn - - - - - COONt oCO C m m ZE I� C0 o cn SD C •r.• 9 0 0 0 0 0 0 v ? m m C� 0C:? 00 o Z. w S N 2 D O tN r ` f+ ^`�> o o m b 0 9 c o A m> Kfn ice+ Z On y G > O w 11 1 O D C/) «. 70rfi 0 Z o m Q C, - (D ^'E O ^ -D r.; z O D O w > FOUN AVE. m� � � D �c 4 m � Q o{ — Ihh�..1JJ a$ o D y o j Co N �• J z z n E5 O n+ Q D m 7V CD D— DTI Iv cZ �m T z z H v a o MELROSE AVE. ro Z o m Cl— m oa 4. DZ r1'I Wm H 7 t� ��< M Ca Q Q �O ? z z 18-Ir z0 RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "BAXTER AVENUE 08-01", PROPERTY LOCATED ON THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE, LAU (APN 326-11-012),YIU (APN 326-11-014 WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.44+ acre on the west side of Baxter Avenue between Answorth Avenue and Starling Drive (APN 326-11-012 and APN 326-11-014) has been filed by property owners Alfred Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu; and WHEREAS on Tune 17 2008 the City Council adopted Resolution No 09-(1R09-095 initiating proceedings for annexation of the area designated "Baxter Avenue 08-01"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Government 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 resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; 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; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Baxter Avenue 08-01", more particularly described in Exhibits "Al", "AT', "B 1", and "B2"; 2. That the following findings are made by the City Council of the City of Cupertino: RESOLUTION NO. 08-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED "BAXTER AVENUE 08-01",PROPERTY LOCATED ON THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE, LAU (APN 326-11-012), YIU (APN 326-11-014) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Baxter Avenue 08-01 " from property owners, Alfred Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu. WHEREAS, the properties, 0.44+ acre on the north side of San Fernando Avenue between Orange Avenue and Byrne Avenue (APN 326-11-012 and APN 326-11-014) are contiguous to the City of Cupertino and are 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 January 17, 1980, to City of Cupertino Pre R1-10 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review determined that the annexation is categorically exempt from CEQA pursuant to 14 C.C.R Sec. 15319.; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "Al", "A2", "B 1" and "132") 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 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; Resolution No. 08-085 Page 2 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"Baxter Avenue 08-01" at their regular meeting of August 5, 2008. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June 2008, by the following vote: Vote Members of the Ci 'Council AYES: Sandoval, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of C pertino 2 EXHERIT "A.1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPER.TINO, CALIFORNIA A portion of the San Antonio Rancho,Santa Clara County, California being all of Lot 47, as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954; said Lot 47 lying in the Unincorporated Area of Santa Clara County, State of California,and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954, and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (I)thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03, S10°22'00"W, 103.23 feet to the northwest corner of said Lot 47 being the POINT OF BEGE4N7!NG for this description; 1. thence leaving said easterly boundary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 47, S79139'00"E, 125.00 feet to the northeasterly corner of said Lot 47 which lies on the westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled,"Tract No. 780'Creston' Unit No. 2"; 2. thence along the easterly boundary line of said Lot 47 and the westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2", S10°22'00"W, 75.00 feet to the southeasterly comer of said Lot 47; 3. thence leaving said westerly boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No. 780'Creston' Unit No.2"and along the southerly boundary line of said Lot 47,N79°39'00"W, 125.00 feet to the southwesterly corner of said Lot 47 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03; 1 EXHIBIT "A 1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4. thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47,NIOM'00"E, 75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION Disclaimer. "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." Containing 0.22 acres,more or less A.P.N. :326-11-012 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL,DESCRIPTION ENTITLED "EXIiIBI'T "B-1", "BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Prepared By. Michael S.Mahoney, P.L.S. o� 1 Revised: May 27, 2008 cc a Flo. 55771 ' gip• ��,,���� :a 9� `SURVEYOR `Q �QF CALN 2 Nadia V. Holober Attorney at Law Ten Almaden Boulevard •Suite 1460•San Jose,California 95113-2233 Telephone:(408)293-3911 • Fax:(408)293-1999• email:nvh@nadiaholober.com February 26, 2008 ECE;vE PUBLICwuv4v Joanne Johnson Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Annexation— 10613 & 10645 Baxter Avenue, Los Altos Dear Joanne, Enclosed please find a revised legal description and plat for each of the above- referenced properties for submission in the proposed annexation of these two properties. Thank you for all of your efforts in this matter. Very truly yours, V . Nadia V. Holober cc: Alfred Lau and Winnie Yiu EXHIBIT'"A-1" LEGAL DESCRIPTION BAXTER AVENUE 0&01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4. thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47,NI0°22'00"E,75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION Disclaimer: "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an j offer for sale of the land described." Containing 0.22 acres,more or less A.P.N. :326-11-012 ALL AS SHOWN ON PLAT TO ACCOMPANY,LEGAL DESCRIPTION ENTITLED "EXHIBIT "BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. i i i Prepared By: ; Michael S.Mahoney,P.L.S. Revised:May 27,2008 q u©.6577 EXP.tzis,io� N q��.sURVEYQP �C1�Q' Q�CA0 i • i i I 2 12-4 1 I E��T -Y BOUNDAR HILL SOUL OF r �NFXATION EVARD 0 40' NO.82_03 REVISED: MAY. 27, 2008 'IC7b V,goo Gfflognoov L1 U U rnu<�(G ss 2"0'E 125 07' j � ry Oo oo °LL ° �o a CD oz ! tzs.00' m z ! w op t Q APB; 326,11 z z .2 a `0 1 CS 4 o i Act-es 4 3 N 7g•3g'pp rzs.ao, $ F ;tEEWAX 280 goon LEGEND a4 CRESTON DR. LINE OF PROPOSED ANNEXATION FOR LOT 49 AlNswoRr�r D •-- LINE OF EXISTING ANNEXATION AS NOTED ` CPR DENOTES COMMENCING FOR A POINT OF REFERENCE '" AYE. AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION r POB DENOTES POINT OF BEGINNING AS DESCRIBED 4 IN EXHIBIT"A"LEGAL DESCRIPTION u, HaRTMAN DR. DISCLAIMER: "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Ad and may not be Used as the basis for an offer for sale of the land described..' LOCATION MAP EXHIBIT 1113-211 PLAT TO ACCOMPANY LEGAL DESCRIPTION AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA i LOT 49 OF "Tract No. 780 "Creston Unit 2", filed In Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10613 BAXTER AVEWE, LOSALTOS, CALIFOPVL4 12-8 i EXHIBIT 4(-A-2" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA A portion of the San Antonio Rancho,Santa Clara County,California being all of Lot 49, as shown on that certain Map entitled,'Tract No.780'Creston'Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954;said Lot 49 lying in the Unincorporated Area of Santa Clara County,State of California,and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map entitled,"Tract No.780'Creston,Unit No.2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps,at Pages 32 and 33 on June 4, 1954,and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; I (I)thence along said easterly boundary line of said Foothill Boulevard Annexation I 82-03,S 10°22'00"W,253.23 feet to the northwest corner of said Lot 49 being the POINT OF BEGIIVNINC for this description; 1. thence leavingsaid easterly boundary f y dary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 49,S79°39'00"E, 125.00 feet to the northeasterly corner of said Lot 49 which lies on the west boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled, "Tract No.780'Creston'Unit No.2"; 2. thence along said westerly boundary line of Baxter Avenue(60 feet wide)as shown on said Map entitled,"Tract No.780'Creston'Unit No.2"being the easterly boundary line of said Lot 49,S 10°22'00"W,75.00 feet to the southeasterly comer of said Lot 49: 3. thence leaving said westerly boundary line of Baxter Avenue(60 feet wide)as shown on said.Map entitled,"Tract No.780'Creston'Unit No.2"and along southerly boundary line of said Lot 49,N79139'00"W, 125.00 feet to.the southwesterly corner of said Lot 49 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03: { i 1 # I 12-5 i i E)CMff"A 2" LEGAL DESCRIPTION BAXTER AVENUE 00-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4, thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 49,N10°22'00"E,75.00 feet to the northwesterly corner of said Lot 49 being the POINT OF BEGINNING.; END OF DESCRIPTION Containing 0.22 acres,more or less A.PN. :326-11-014 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED t "EXHIBIT"B•2", `BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Disclaimer: 1 "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." Prepared By: Michael S.Mahoney,P.L.S. Revised:May 27,2008 as NO.5577 �x�.y2l3t�o9 � SURVEYc�CQ�~� 1 Cfi CAt-��' 2 12-6 i i i i I I j i I EASTERLY 80U ti FOOTHILL SOULEARD OF r ANNEXATION NO.82.03 � 0 40' I 10 �'p 'q REVISED: MAY 27, 2008 ci S86'42'10'E 12a07' 0 1GIC7o yasS3' 60 0 S79°39100„S 0 z 125.00' o oz f� 81 f i , 01 q? 1 a 22 Acres I 3 FREEWAY 280 i ,r �o LEGEND aq CkEMN AR LINE OF PROPOSED ANNEXATION v FOR LOT 47 °7 tINS3i'ORTH U •—•- -- -- LINE OF EXISTING ANNEXATION AS NOTED *a I CPR DENOTES COMMENCING FOR A POINT OF REFERENCE LNG At'!. AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION � i POB DENOTES POINT OF BEGINNING AS DESCRIBED O q IN EXHIBIT"A"LEGAL DESCRIPTION s`' ? n"Sr•.i enuE�t• )MTM" DR. "For assessment purposes only.This description of land is not a legal property t' j description as defined in the Subdivision Map Act and may not be used as the i basis for an offer for sale of the land described." LOCATION MAP EXHIBIT "B-1 " PLAT TO ACCOMPANY LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 47 OF'Tract No.780"Creston Unit 2", filed in Book 50 of Maps, Pages 32& 33 Official Records of Santa Clara County on June 4, 1954 10645 BAX7'ER AVENUE,LOS ALTOS, C4LIF`ORNL4 12-7 County of Santa Clara Co Q Department of Planning and Development f F Development Services office County Government Center, East Wing 70 West Hedding Street, 7111 Floor San Jose, California 951 10 (408)299-5700 FAX(408)279-8537 Tq CV May 30, 2008 Grace Schmidt, Deputy City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 SUBJECT: Baxter Avenue 08-01 Annexation Dear Ms. Schmidt: The attached map and description dated May 27, 2008 of territory proposed for annexation to the City of Cupertino entitled Baxter Avenue 08-01 is in accordance with Government Code Section 56757(c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. Gwendolyn Gee, PLS County Surveyor Attachment cc: LAFCO Executive Officer (w/attachment) Board Of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh. Ken Yeager, Liz Kniss County Executive: Peter Kunras,Jr. B-Ot0 CITY OF CUPERTINO RECEIPT NUMBER: BS000003661 RECEIVED BY: JOANNEJ PAYOR: WINNIE YIU TODAY' S DATE: 01/10/08 REGISTER DATE: 01/10/08 TIME: 15 :49 1 ANNEXATIONS ANNEX 2008-01 $1, 512 . 00 TOTAL DUE: $1, 512. 00 CHECK $1, 512 . 00 REF NUM: 0960 TENDERED CHANGE $1, 512 . 00 $ .00 CITY OF CUPERTINO RECEIPT NUMBER: BS000003662 RECEIVED BY: COLINJ PAYOR: NADIA HOLOBER TODAY' S DATE: 01/10/08 REGISTER DATE: 01/10/08 TIME: 15 :58 2 COUNTY FILING FEES 1.000 @ $50 . 00 $50 . 00 CATEGORICAL EXEMPTION 1.000 @ $206 . 00 $206.00 ---------------- TOTAL DUE: $256.00 CREDIT CARD: $256.00 REF NUM: AE, Baxter Ave Annex TENDERED CHANGE $256. 00 $. 00 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408)777-3223 • FAX: (408)777-3366 March 25, 2008 M. D. Marcott, County Surveyor Building Inspection/Land Development Engineering & Surveying Office 70 West Hedding Street San Jose, CA 95110 ANNEXATION: "BAXTER AVENUE 08-01" Enclosed are three (3) copies of the legal description and map for the proposed annexation of the area designated "Baxter Avenue 08-01." I have also enclosed the supporting document for this annexation. Please review the enclosed and certify as to conformance with LAFCO road policy and that the boundaries are definite and certain. A check in the amount of$2,000 is enclosed. Sincerely, r. Grace Schmidt Deputy City Clerk CUPERTINO FAX TRANSMITTAL To: Name: Pages(Including Cover): Title: Date: Fax: -, q3 - 1`1Gq Ph: • Comments: ❑ City Hall ❑ Service Center 10300 Torre Avenue 10555 Mary Avenue Cupertino,CA 95014-3255 Cupertino, CA 95014 PH: (408)777-3354 PH: (408)777-3250 FX: (408)777-3333 FX: (408)777-3399 From: ❑ Building ❑ Code Enforcement ❑ City Channel ❑ Community Development ❑ City Clerk ❑ Public Works 0 City Manager 0 Traffic Page 1 of 2 12/06/2007 Santa Clara County Assessor's Office Assessment Roll Information Inquiry and Retrieval Assessment Roll Information for Tax Year: 2007 APN: 326-11-012 DISCLAIMER: This service has been provided to allow easy access and a visual display of County information. A reasonable effort has been made to ensure the accuracy of the data provided; nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to,the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(c)] Situs Address and Mailing Address Information Number of Property Address es : 1 Billing Address es : 10645 BAXTER AV 10645 BAXTER AV LOS ALTOS CA LOS ALTOS 94024-7407 Property Information Document No. 18057890 Transfer Date 10/21 /2004 Document Type GRANT DEED Tax Default Date n/a Tax Rate Area: 63-045 Cupertino Union [Elem. School] Fremont Union [High School] Foothill [Comm. College] Bay Area Jt(1,7,21,28,38,41,43,48,49,57) Air Quali Mgmt.1 Central [Fire Protection] Mid-peninsula Regional Jt(41,43,44) [Open Space] Cupertino [Sanitary] Area No. 01, Library Benefit Assessment rCounty Service Area No. 01 (library Services) [County Santa Clara Valley [County Water] Service Santa Clara Valley-zone Nw-1 [County Santa Clara Valley-zone W-4 [County Water] Water Santa Clara County Importation [Water- misc. Assessed Values on: 326-11-012 (Assessed Information as of 6/30/2007) Net Real Property Business Exemptions Assessed Value Land $ 416,160 Fixtures $ 0 Homeowner $ 0 Improvements $ 490,028 Structure $ 0 Other $ 0 Personal $ 0 ro . Total $ 906,188 $ 0 $ 0 $ 906,188 http://eservices.sccgov.org/ari/search.do 12/6/2007 Page 2 of 2 All Contents© Copyright 2005, the County of Santa Clara http://eservices.sccgov.org/ari/search.do 12/6/2007 Page 1 of 2 12/06/2007 Santa Clara County Assessor's Office Assessment Roll Information Inquiry and Retrieval Assessment Roll Information for Tax Year: 2007 APN: 326-11-014 DISCLAIMER: This service has been provided to allow easy access and a visual display of County information. A reasonable effort has been made to ensure the accuracy of the data provided;. nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(c)] Situs Address and Mailing Address Information Number of Property Address es : 1 Billing Address(es): 10613 BAXTER AV LOS ALTOS PO BOX 32833 SAN JOSE CA 95152 Property Information Document No. 16502200 Transfer Date 09 /26/2002 Document Type GRANT DEED Tax Default Date n/a Tax Rate Area: 63-045 Cupertino Union [Elem. School] Fremont Union [High School] Foothill [Comm. College] Bay Area Jt(1,7,21,28,38,41,43,48,49,57) Air Quality Mgmtj Central [Fire Protection] Mid-peninsula Regional Jt(41,43,44) [Open -Space] Cupertino [Sanitary] Area No. 01, Library Benefit Assessment [County Service Area No. 01 (library Services) [County Santa Clara Valley [County Water] Service Santa Clara Valley-zone Nw-1 [County Santa Clara Valley-zone W-4 [County Water] Water Santa Clara County Importation [Water- misc. Assessed Values on: 326-11-014 (Assessed Information as of 6/30/2007) Net Real Property Business Exemptions Assessed Value Land $ 756,713 Fixtures $ 0 Homeowner $ 0 Improvements $ 145,936 Structure $ 0 Other $ 0 Personal $ 0 [Prop. Total $ 902,649 $ 0 $ 0 $ 902,649 http://eservices.sccgov.org/ari/search.do 12/6/2007 Page 2 of 2 All Contents © Copyright 2005,the County of Santa Clara http://eservices.sccgov.org/ari/search.do 12/6/2007 EXHIBIT "A-1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA A portion of the San Antonio Rancho, Santa Clara County, California being all of Lot 47, as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954; said Lot 47 lying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2" filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954, and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; ( I) thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03, S10°22'00"W, 103.23 feet to the northwest corner of said Lot 47 being the POINT OF BEGINNING for this description; 1. thence leaving said easterly boundary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 47, S79039'00"E, 125.00 feet to the northeasterly corner of said Lot 47 which lies on the westerly boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"; 2. thence along the easterly boundary line of said Lot 47 and the westerly boundary line of Baxter Avenue (60 feet wide)as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2", S10°22'00"W, 75.00 feet to the southeasterly corner of said Lot 47; 3. thence leaving said westerly boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"and along the southerly boundary line of said Lot 47,N79°39'00"W, 125.00 feet to the southwesterly comer of said Lot 47 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03; 1 Resolution No. 02- Page 2 a. That said territory is uninhabited and comprises approximately 0.44 acre. 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. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Council on January 17, 1980, to, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-10 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 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. in. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 56837 et seq. of the Government Code. 2 Resolution No. 02- Page 3 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of August 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 3 EXHIBIT "A-1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO,CALIFORNIA (Continued) 4. thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47,N10022'00"E, 75.00 feet to the POINT OF BEGINNING, END OF DESCRIPTION Disclaimer: "For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." Containing 0.22 acres, more or less A.P.N. :326-11-012 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT "B-1", `BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Prepared By: Michael S. Mahoney, P.L.S. Revised: May 27, 2008 ~ `' [L no 5577 UI Exp. 12i31/ol ���•`SURVEY& QF CAQ 2 EXHIBIT "A-2" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA A portion of the San Antonio Rancho, Santa Clara County, California being all of Lot 49, as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954; said Lot 49 lying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2" filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954, and said northwest corner of Lot 46 being on the easterly boundary line of the Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (I)thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03, S10022'00"W, 253.23 feet to the northwest comer of said Lot 49 being the POINT OF BEGINNING for this description; 1. thence leaving said easterly boundary line of the Foothill Boulevard Annexation 82-03 and along the northerly boundary line of said Lot 49, S79°39'00"E, 125.00 feet to the northeasterly corner of said Lot 49 which lies on the west boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"; 2. thence along said westerly boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled,"Tract No. 7 80'Creston' Unit No. 2"being the easterly boundary line of said Lot 49, S 10°22'00"W, 75.00 feet to the southeasterly comer of said Lot 49: 3. thence leaving said westerly boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2" and along southerly boundary line of said Lot 49,N79039'00"W, 125.00 feet to the southwesterly comer of said Lot 49 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03: 1 EASTERLY BOUNDARY OF 'FOOTHILL BOULEVARD ANNEXATION NO. 82-03 0 40' C' S9/}O7 y REVISED: MAY 27, 2008 °42'?0"E 125.07' o G�IOo �7o a0 'GG���770GtVl� 0��"G�L�G�vO�Gt��� Lij O m 0� a W 3 4V( 0 N N 0 O O � O Q O \A " �o o`e �J S79°39-00-E p g ' ^ 125.00, O jz U mo to QO� o � AP 326-1 LU ' J 0.22 Acres 2 MQ 3 N79°39'00-yy `V FREEWAY 280 125.00, �J 'Vo 4 cREsroN DR. LEGEND LINE OF PROPOSED ANNEXATION AINSWORTH DR• FOR LOT 47 LINE OF EXISTING ANNEXATION AS NOTED y CPR DENOTES COMMENCING FOR A POINT OF REFERENCE TABLI � NG AVE. AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION � POB DENOTES POINT OF BEGINNING AS DESCRIBED q IN EXHIBIT"A"LEGAL DESCRIPTION 4,4 HARTMAN DR. DISCLAIMER: U "For assessment purposes only.This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." LOCATION MAP EXHIBIT "B-1 " PLAT TO ACCOMPANY LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 47 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10645 BAXTER AVENUE, LOS ALTOS, CALIFORNL4 i EASTERLY BOUNDARY OF ti FOOTHILL BOULEVARD ' 0 40' ANNEXATION NO. 82-03 90F '60 REVISED: MAY. 27, 2008 cV S85'42'101E 125.07 „ Uj VO N O ca oZ�7 N O O u- /] o W O A �} o � O ir o l o�e ( I S79-39'00"E iz 1 �e 125.00, O 02 I C m Z N: 326_1 1_014 $ �� 0-22 Acres Q N79'39-00W FREEWAY 2 8 0 ' 125.0p, o F QOO � o LEGEND q CRESTON DR. LINE OF PROPOSED ANNEXATION W AINSWORTH DR' FOR LOT 49 W --- -- LINE OF EXISTING ANNEXATION AS NOTED y CPR DENOTES COMMENCING FOR A POINT OF REFERENCE TABLING AVE AS DESCRIBED IN EXHIBIT'A'LEGAL DESCRIPTION 0 O PCB DENOTES POINT OF BEGINNING AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION MRTMAN DR. DISCLAIMER: "For assessment purposes only.This description of land is not a legal property v description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described." LOCATION ALI P EXHIBIT 1113-2" PLAT TO ACCOMPANY LEGAL DESCRIPTION AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 49 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954 10613 RAX7'ER AVENUE, LOS ALTOS, CAL7FORNM RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED "BAXTER AVENUE 08-01", PROPERTY LOCATED ON THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE, LAU (APN 326-11-012), YIU (APN 326-11-014) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Baxter Avenue 08-01 " from property owners, Alfred Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu. WHEREAS, the properties, 0.44+ acre on the north side of San Fernando Avenue between Orange Avenue and Byrne Avenue (APN 326-11-012 and APN 326-11-014) are contiguous to the City of Cupertino and are 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 January 17, 1980, to City of Cupertino Pre R1-10 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review determined that the annexation is categorically exempt from CEQA pursuant to 14 C.C.R Sec. 15319.; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "Al", "A2", "B 1" and "B2") 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 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; Resolution No. 02- Page 2 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 "Baxter Avenue 08-01" at their regular meeting of August 5, 2008. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of June 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Carol Atwood, David Woo, Cheri Donnelly, Laura Lee, Teri Gerhardt, Roger Lee, Vera Gil, Dirk Mattern (Santa Clara County Fire), Joanne Johnson From: Colin Jung, Senior Planner ef Date: December 4, 2008 Subj: Annexation to Cupertino: Baxter Avenue 08-01 Proceeding The Santa Clara County Local Agency Formation Commission (LAFCO) has finalized the annexation of two unincorporated lots to the City of Cupertino effective November 19, 2008. Please update your records and note the change to City service responsibility. Annexation Title: Baxter Avenue 08-01 Address APN Land Use Land Area Structure(s) 10645 Baxter Ave., 326-11-012 Single-family 0.22 acre One single- Los Altos, CA 94024 Residential family dwelling 10613 Baxter Ave., 326-11-014 Single-family 0.22 acre One single- Los Altos, CA 94024 Residential family dwelling Note that the Post Office has assigned properties in this area a Los Altos address even though they are in the Cupertino Sphere of Influence. No street right-of-way was taken with this annexation. An assessor parcel map encompassing the properties is attached. o HOMESTEAD ROAD O 0 0 m 0 I "I 0 ' z I / rn I N ' N N dump ) �s FR0 Cb Ln N� ' z a r Or cn wig; � F Ico _m v D Cl) D $N 3 m I 'a 603.57 95.08 70.20 g 1 ' u BLS SSE-872-43-(02) 62P PCL27 S.P.T.CO. Iv 7C E > 79 PTN. 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D. cott, County Surveyor Building pection/Land Development Engineering Surveying Office 70 West Hedd' Street San Jose, CA 95 0 ANNEXATION: "B R ENUE 08-01" Enclosed are three (3) c ies of legal description and map for the proposed annexation of the area designated" er Avenue -0 L" I have also enclosed the supporting document for this annexation. Please review t enclosed and certify as to co onnance with LAFCO road policy and that the boundaries ar definite and certain. A check i the amount of$2,000 is enclosed. Sincer y, race Schmidt Deputy City Clerk PETITION FOR PROCEEDINGS PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000, AND SECTION 56757 THEREOF The undersigned hereby petition the City of Cupertino for approval of a proposed change of organization or reorganization, and stipulate as follows: 1 . This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code (commencing with Section 56000) , Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and Section 56757 thereof (applicable to City-conducted annexations within the County of Santa Clara) . 2 . The specific change (s) of organization proposed is annexation of the territories into the City of Cupertino and detachment ,of the territories from the County of Santa Clara. The situs addresses are: 10613 and 10645 Baxter Avenue, Los Altos, CA 94024 3 . A metes and bounds description of the exterior boundaries of the territories included in this proposal, marked Exhibit A, and a map of the said territories, marked Exhibit B, are attached to this petition, and by this reference is incorporated herein. 4 . The territories included in the proposal are: Inhabited (12 or more registered voters) XX Uninhabited 5. This proposal is consistent with the Sphere of Influence of the City of Cupertino. 6. The reasons for the proposed annexation and detachment are: The Owners of the property at 10645 Baxter Avenue (APN 326-11-012) wish to remodel their home and pursuant to County of Santa Clara policies, such remodels should occur within city boundaries. The Owners of the property at 10613 Baxter Avenue (APN 326-11-014) , who are relatives of the Owners of the property at 10645 Baxter Avenue, wish to annex at the same time' so as to conserve time and expense by AVQJ di g- he need_to_.du=] J rate Anne—atian�rocedures in the future. Annexation on a parcel-by-parcel basis with new development in the Creston neighborhood, where these properties are located, is consistent with Policy 2-12 (Annexation of Small, Unincorporated Islands) of Goal B (A Compact Community Boundary That Allows Efficient Delivery of Municipal Services) of the Cupertino Design element of the City of Cupertino General Plan. 7 . The proposed annexation and detachment is requested to be made subject to the following terms and conditions: None. 8 . The persons signing this petition have signed as: registered voters or XX Owners of land within the subject territory. 9. The undersigned proponents do own 100% of the territory proposed for change of organization or reorganization. Wherefore, Petitioners request that the City of Cupertino initiate by Resolution annexation proceedings in accordance with the provisions of Section 56000, et seq. of the Government Code, and specifically Section 56757 thereof, and herewith affix signatures as follows : Chief Petitioners: Property Owners: Alfred Lau and Winnie Yiu Property Address: 10645 Baxter Avenue, Los Altos (APN 326-11-012) Signature: �L Date: Jan. 4 ,2008 Telephone No. : (413e) 0,0 Signature: Date: Jan. $ ,2008 Telephone No. 160 Property Owners : Jok Tong Yiu and Simon Yiu Property Address: 10613 Baxter Avenue, Los Altos (APN 326-11-014) Signature: Joj� Date: Jan. g ,2008 Telephone No. : Signature: G Date: Jan. ,2008 Telephone No. ** For proposals involving inhabited territory or for resident-voter initiated proposals City of Cupertino (408) 777-3354 10300 Torre Avenue Cupertino,CA 95014 SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization(annexation or detachment)or reorganization (multiple annexations and/or detachments)made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sect. 56000 et seq.) PROPOSAL DESIGNATION: 106_ end 10645 BAXT '1? AZ,-J1nT?',LOS ALTOS Annexation to CITY OF CUPERTINO (City or Spec.District) ENVIRONMENTAL STATUS OF PROPOSAL XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project, (Name of City/District) has already nrezoned the territory on (prezoned?other approval action?) (date) and in compliance with CEQA, has: r._xx determined that the annexation is categorically exempt from provisions of CEQA Sec. 15319 (cite class exemption section.) completed an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. completed a Final EIR for the annexation, a copy of which is attached to this application. _ City of Cupertino City Council is to be Lead Agency for the environmental review of the project and the completed Environmental Information Form required by Planning staff is attached to this application. (Planning staff phone: (408)777-3308). Proposal is categorically exempt form provisions of CEQA pursuant to Cal. ,Code of Regs. Sec. 15319 because is an annexation as described therein. rev. 12/2007 Suppl.Appl. -I- CHARACTERISTICS OF THE AREA 1. Number of acres Approx. 0.4 2. Number of inhabitants A rox. 8 3. Number of registered voters A rox. 2 4. Number of dwelling units 2 5. a. What is the present use of the area(be brief,but specific): Single Family Dwelling b. Indicate the parcel numbers of those parcels, if any,which are under contract under provisions of the Williamson Act: N/A c. What steps, if any,have been taken or are proposed to be taken to release the above parcel(s)from the contract? N/A 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area(Note: Prezoning is a filing requirement for city annexations):R-1-1 b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES NO xx If yes,indicate the new zoning which will be sought? 7. For City or district annexations, describe the development being proposed for the territory, if any ,and when this development is expected to begin. The property owner of 10645 Baxter Avenue hopes to remodel and would begin upon approval of plans, hopefully in 2008. 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES XX NO If NO, please explain the reason for non-conformity and provide justification Tor approving the boundary change as proposed: rev. 12/2007 Suppl.Appl. -2- 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES NOS If YES, answer the following questions: a. Number of acres in the island, corridor or strip? (If more than one island is being created, indicate the acreage of each island.) b. Number of inhabitants? c. Assessed value? d. Land use and zoning in island, corridor or strip? e. Describe present and proposed sewer and water services in island: f. Does the proponent request waiver of restriction against creation of an island? YES NO If YES, explain why creation of an island is justified? SERVICES 10. Is the territory proposed for annexation/detachment/reorganization in the City or District's urban service area: YESZ_NO 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES NO xx If YES,what arrangements will be made to provide sewage disposal? rev. 12/2007 Suppl.Appl. -3- 12. Will the extension of sewerage and/or water services or the construction of any public improvements to the affected territory be financed by the formation of a special assessment district? YES N4LX If YES,describe service (s)or improvement(s)and the average cost per resident/landowner of the district. Service/improvement: Cost: $ /yr.for_yrs. $ /yr, for_yrs. 13. List all cities, special districts, (including school districts) and County Service Areas located within the area.of this proposal. (Exclude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone,and Water Importation.) (Refer to County Tax Rate Code Book for this information): Cupertino Elementary School District Cupertino Sanitary District Fremont Union High School District Mid-Peninsula Open Space District Foothill Community College District Santa Clara County Lighting Service LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexation/detachment/reorganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses, with date,below. (Signatures not required if proposal is initiated by property-owner petition:put"see petition"below and type or print names, addresses, etc.) Assessor's parcel number,assessed land (nest improvements)valuation,and if 100% property-owner consent has been obtained, certification by City Clerk must be added prior to consideration. Hearing not required if 100%property owner consent is obtained. Date (Print name below City/State/Zip Tel.No. Parcel No. Value of Land See Assessment Role Petition Information is Attached. *See next page Suppl.Appl. -4- rev. I2/2007 "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll; where such person is no longer the owner,then any person entitled to be shown as owner of land.on the next Assessment Roll;where land is subject to a recorded written agreement of sale, any person shown therein as purchaser,and any public agency owning land." Government Code Section 56048. 15. Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing(in addition to the Clerk/Administrator of each affected city or district): Street Address Name City/State/Zip (1)Nar7i a y_ Rnl nhPr- Attnrna-r at Tara_ in A1madPn Rl vd. Ste 41460 San Jose, CA 95113 (2)Al-Fred & Winni e Ta7j 330 SL=Prfi P1 d Drive Milpitas, CA 95035 (3) Simon Yiu 10613 Baxter Avenue Los Altos, CA 94024 16. I hereby certify that all LAFCO filing requirements will be met and that the statements made. in this application are to the best of my knowledge accurate. RALPH A.QUALLS,JR. 10300 TORRE AVENUE (P4nt name of person completing this CUPERTINO,CA 95014 application) Uut a � (Signature) (Date) NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with each school district shown on question 413 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to submit this information to the appropriate school district(s)and the signature above is considered verification that this filing requirement has been met. rev. 12/2007 Suppl. Appl. -5- CERTIFICATE OF CITY CLERK(Required for 100% Consent Proposal) I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this application and that the (number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section 56839, the City will make determinations on this proposal without notice or hearing. Date: City Clerk t� (Seal) City of Cupertino a. Owners of land within the proposed annexation/detachment/reorganization who do not consent to this proposal should be listed by name, address,parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less than 100%consent applications. Not Applicable Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) b. FOR NOT-100%CONSENT PROPOSALS, list all registered voters residing in the territory proposed for annexation/detachment/reorganization if different from the landowners shown in 14a. and 14b. above. Street Address .Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) rev. 12/2007 EXHIBIT "A" LEGAL DESCRIPTION PROPOSED ANNEXATION TO TIDE CITY OF CUPERTINO, CALIFORNIA All of Lot 47, as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2" filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954; said Lot 47 lying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Point of Reference at northwest comer of Lot 46 as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2"filed for record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June 4, 1954, and said northwest corner of Lot 46 being on the easterly boundary line the Foothill Boulvard Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (I) thence along said easterly of the Foothill Boulevard Annexation 82-03, S 10-22.00"W, 103.23 feet to the northwest comer of said Lot 47 being the POINT OF BEGINNING for this description; 1. thence along said easterly of the Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot 47, S10°22'00"W, 75.00 feet to the southwesterly corner of said Lot 47; 2. thence leaving said easterly of the Foothill Boulevard Annexation 82-03 and along the southerly boundary line of said Lot 47, S79°38'00"E, 125.00 feet to the southwesterly comer of said Lot 47 which lies on the west boundary line of Baxter Avenue as shown on said Map entitled, "Tract No. 7807Creston" Unit No. 2"• 3. thence along said westerly boundary line of Baxter Avenue as shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2"being the easterly boundary line of said Lot 47,N10022'00"E, 75.00 feet to the northeast corner of said Lot 47: 4. thence along the northerly boundary line of said Lot 47 N79038'00"E, 75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION 1 IIXHMIT LEGAL DESCRIPTION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA (Continued)Containing 0.22 acres, more or less A.P.N. :326-110-012 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EKIRBIT "B", "PROPOSED ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA"ATTACHED HERETO AND MADE APART HEREOF. Prepared By: LA g-� Michael S. Mahoney, P.L.S. Q NO.5577 February 7, 2008 exp. 12/31/ag VVY EASTERLY BOUND OP f FOOTHILL BOULEVARD f ANNEXATION NO. 82-03 0 40' 90F 60 1 \ ll IMzgFoo. vgoo " / FEB. 7, 2008 N S85°42'10 LL co o LL N79°3g'00,cc Q aQ co 125.0t), Zp p LU 11 �o APN: 326- -01 ..i Q o ©.�2 Acres 2 _-W T 0 Ico S79°8g.00"Ery 125.00' z FFEEWAY 280 CRESTON DR. LEGEND 4 DR LINE OF PROPOSED ANNEXATION t1INSWORTHv FOR LOT 47 — LINE OF EXISTING ANNEXATION AS NOTED TARLTNG AVE. . CPR DENOTES COMMENCING FOR A POINT OF REFERENCE Q AS DESCRIBED IN EXHIBIT"A"LEGAL DESCRIPTION �= V HARTMflN DR PQB DENOTES POINT OF BEGINNING AS DESCRIBED IN EXHIBIT"A" LEGAL DESCRIPTION V LOCATION MAC' EXHIBIT efB« PLAT TO ACCOMPANY LEGAL DESCRIPTION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA LOT 47 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps, Pages 32 & 33 Official Records of Santa Clara Counter on June 4, 1954 10645 BANTER AVENUE, LOSALTOS, CAL7FORNL4 RECORDING REQUESTED BY CHICAGO TITLE COMPANY DOCUMENT: 18057890 Pages 2 AND WREN RECORDED MAIL TO Fees. . . . 10.00 ( Alfred C. Lau and winnie W. Yi7u Cop e es. . 958. 10 10645 Baxter Ave AMT PAID 968. 10 Los Altos, California 94024 BRENDA DAMS RDE # 010 SANTA CLARA COUNTY RECORDER 10/21/2004 Recorded at the request of 8:00 AM L Chicago Title Escrow No. 120092 - MAD Order No. 120092 - LAD SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED 326Ssor'5012 Parcel No: THE UNDERSIGNED GRANTOR(S)DECLARE(S) DOCUMENTARY TRANSFER TAXIS $9 5 8.10 X unincorporated area ❑ City Of computed on the full value of the interest or property conveyed,or is ❑ computed on the full value less the value of liens or encumbrances remaining at time of sale,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Irene B. Keyes, Trustee, Irene B. Keyes Family 1998 Trust, established for the benefit of Irene B. Keyes, May 13, 1998 hereby GRANT(S) to Alfred C. Lau and Winnie W. Yiu, husband and wife as joint tenants the following described real property in the&n ]rs C C7 roc, County of SANTA CLARA ,State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated October 18, 2004 STATE OF CAL I FORNIA COUNTY OF Santa Clara ) SS. v" W/J-- On 10418 04 before me, Irene B. Keyes, Trustee cam` „ a Notary Public in and for said County and State,personally appeared �� 6 Lk)E Lt L-V-Ce personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)aare subscribed to the within instrument and acknowledged to me that he/they executed the M. DICKERSON same in hiso/their authorized capacity(ies), and that by histne Ytheir ` Comm. 1362199 signature(s) on the instrument the person(s), or the entity upon behalf of a NO1pRY PU3uGCAUP99 Vl which the persons)acted,executed the instrument. Santa Clara County .. My Comm.Expires June 25,2DO6"+ WETNESS my hand and o ial seal. :�4tA—� %z J� Signature of Notary Date My ommission Expires FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City,State&Zip G01 --05/30/97bk Page l Escrow No. 120092 -MAD LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the Unincorporated Area, County of Santa Clara, State of California, described as follows: All of Lot 47, as shown upon that certain Map entitled, "Tract No. 780 'Creston' Unit No. 211, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 4, 1954 in Book 50 of Maps, at Pages 32 and 33 . DEEDLEGL-08/09/94bk W y yr, µwho RECORDING QUESTED BY CHICAGO TITLE COMPANY AND WHEN RECORDED MAIL -F a DOCUMENT: 1 b s o 2 Z t7 D T i t l es I / Pages 2 Fees. . . . roc Tcn 1 s Yiu � Taxes. . . 918. 0 .59 3450 Varner Court Cop i es. . San Jose, California 55132 ;eeisse2 e. i AMT PAID 928.50 BRENDA DAVIS RDE # 010 SANTA CLARA COUNTY RECORDER 9/26/2002 6 Recorded at the request of 1 :55 PM L Chicago Title Escrow No, 515446 - MAD 0rdjr No. 915448 - LAD SPACE ABOVE THIS LtkE FOR RECORDER'S USE GRANT DEED Assessor's-014ce1 No: THB UNDERSIGNED GRANTOR(S)DECLARES) DOCUMENTARY TRANSFER TAX IS $91 S.5 0 ❑ unincorporated area [K Cityof Los Altos X❑ computed on the full value of the interest or property conveyed,or is ❑ computed on the full valueless the value of liens or encumbrances remaining at time of sale,and FOR A VALUABLE CONSI DERATTON:receipt of which is hereby acknowledged, Rafi Hasseljian, a Married Ilan As His Sale and Separate Property hereby GRANT(S) to Jok Tong Yiu, a married woman as her sole and separate property the following described real property in the City of Las Altos County of SANTA CLARA ,State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated September 18, 2002 STATE OF CALIFORNIA COUNTYOF Santa Clara t } 55. ! On 1 Z a L before me, Rafi H self t4 l C ikl- 8 _ a Notary Public in and for said County and State,personally appeared Rafi Hasseliian _ personally known to me (or proved to me on the basis of satisfactory ERSt?dV rr�n �0mtti./M. DICK ERSON8 evidence) to be'the penson(s) whose name(s)Vare subscribed to the Vt NOTARY PUBLIC-CALIFORNIA W within instrument and acknowledged to me thid4aWe/they ex d the Sartre Clare County same in jtlsR$her/their authorized capacity(ies), and that sr/their WY Cwnm,Erpieat dune 21,2006 signsture(s) on the instrument the pareon(a), or the entity upon behalf of which the parson(s)acted,executed the Instrument. WITNESS my hand nd official al. I� z��� Signature of Notary Date My Commission Expires FOR NOTARY SEAL.OR STAMP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWINGS LINE: 1P NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City,State&Zip GD1 -os/301e7bk Page 1 , Escrow No. 915448 -MAD LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the Unincorporated Area, County of Santa Clara, State of California, described as follows: All of Lot 49, as shown on that certain map entitled, "Tract Number 780 Creston Unit 29, which map was filed for Record in the office of the Recorder of the County of Santa Clara, State of California, on June 4, 1954 in Book 5o of Maps, at pages 32 and 33. DEEDLEGL-O8/C8/84bk RESOLUTION NO. 5971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPLYING FOR THE ANNEXATION OF THE AREA DESIGNATED "FOOT- HILL 82-03" WHEREAS, the City Council of the City of Cupertino requests that the herein described territory be annexed; and WHEREAS, this City Council desires to make application to annex; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City oL' Cupertino as follows: 1. That the above conditions- are true and correct. 2. Pursuant to Government Code Sections 35140 and 35110, application is hereby made to the Local Agency Formation Commission of the County of Santa Clara for a proposed change as follows: (a) This proposal is made pursuant to the Municipal Organization Act of 1977 (Section 35000 et seq. , Government Code) . (b) The nature of the proposed change of organization and the names of all districts for which any such change of organization is proposed are as follows: Annexation to the City of Cupertino will affect no changes in districts. (c) All other affected counties, cities and districts are: None (d) Special districts located within the area contained in this proposal are: Cupertino Union School District Fremont Union High School District Foothill Community College District Midpeninsula Regional Open Space District Cupertino Sanitary District (e) A description of the exterior boundaries of the territory proposed to be annexed is described in Exhibit "A" attached hereto. (f) Said territory is uninhabited and comprises approximately 1.38 acres, more or less. (g) It is proposed that said territory be annexed subject to the following changes: None (h) The owner of the land within the territory has not applied to annex, but did agree on March 2, 1981 to future annexation and consented that such proceedings may be commenced by the City at such time as the City were prepared to annex this property. (i) The reasons for this proposal are as follows: It is consistent with the orderly annexation of territory within the City's Urban Service Area. It is consistent with the City policy .of annexing areas-when providing City services. (j) It is hereby requested that proceedings be taken for the annexa- tion of territory as hereinabove proposed. . 3. The Council has completed an Initial Study and has found that annex- ation of said territory has no significant impact on the environment, and approved granting of a Negative Declaration. 4. The City Council adopted Ordinance no. 1017 prezoning subject territory from Santa Clara County R1-10 to City of Cupertino R1-10 on June 17, 1980. 5. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the Executive Officer of the Local Agency Formation Commission of the County of Santa Clara. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November 1982 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: L City Clerk V May r, City of Cupp up rtino 2 FOOTHILL BOULEVARD 82-03 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: All of Lot 45 and portions of Creston Drive and Foothill Boulevard (formerly Mountain View - Stevens Creek Road) as shown on that certain map entitled "Tract No. 1180 'Creston"', which map was filed for record in the Office of the Recorder of said County, on August 18, 1953 in Book 44 of Maps, Page 53, and a portion of Foothill Boulevard (formerly Mountain •View=Stevens Creek Road) as shown on that certain map entitled "Tract No. 780, 'Creston' Unit No. 2", which map was filed for record in the Office of the Recorder of said County on June 4, 1954, in Book 50 of Maps, Pages 33 and 34, more particularly described as follows: Beginning at the point of intersection of the westerly sideline of Foothill Boulevard (formerly Mountain View - Stevens Creek Road) , said westerly sideline being parallel and 20 feet westerly to the original centerline of said road, and the westerly prolongation of the centerline of Creston Road as shown upon said "Tract No. 1180"; Thence S85042'10"E, 186.03 feet along the westerly prolongation of, and center- line of Creston Road, to its intersection with the northerly prolongation of the westerly sideline of Baxter Avenue; Thence S1O022'W, 164.42 feet along the northerly prolongation of, and westerly sideline of Baxter Avenue to the southeast corner of said Lot 45 as shown on said "Tract No. 1180"; Thence N85042'10"W, 125.70 feet along the southerly boundary of said Lot 45, to the southwest corner of said lot; Thence S1O022'W, 493.35 feet along the easterly sideline of Foothill Boulevard (formerly Mountain View - Stevens Creek Road) , to the southwest corner of Lot 51 of said "Tract No. 780", said corner point being on the boundary of that certain annexation to the City of Cupertino entitled "Stevens Creek #3"; N Thence N85037'40"W, 60.33 feet across Foothill Boulevard (formerly Mountain View Stevens Creek Road) , along the boundary of said annexation "Stevens Creek #3" and that certain annexation to the City of Cupertino entitled "Foothill - Vista Knoll", to a point on the westerly sideline of Foothill Boulevard (formerly Moun- tain View - Stevens Creek Road) ; Thence N10022'E 657.69 feet along said westerly sideline, parallel and 20 feet westerly to the original centerline, said sideline being along that certain annexation to the City of Los Altos entitled "Stevens Creek No. 1", to the Point of Beginning. Containing: 1.38 acres more or less. A.P.N. 326-11-89 � Zg� 5w o p( _; ID �( -1 u NARTMAjj z ' MAP di - :� . .. '► � � j GI'1� LIt-1�-fg .:':.:k; r,'<,: �AL� c E" . Iovo' }.. y,�r�.�, PoBG��STO�j pR. do ,,50 -;z _ tp _*A •� fimozool ILI A I IJ 5t�/oRTH _1 rat X kj ° _ �o FPO- � N L I ►J c� Q ba.33 ' I (GIl��QTihlO Ur1l'(5) I ILA--V IsTA r,049 J," . . •� 'P�ZO'PCS� 14 t-I tt�}CA'(IDt•l -- �.ITI't1��D �, EXHIBIT S RETURN TO CITY I OF CUPERTINO AN AGREEMENT FOR THE ANNEXATION 110300 TORR AVM4 OF TERRITORY 'LUPERTINO, CA 25014 This is an agreement between the COUNTY OF SANTA CL.ARA, here- CUPERTINO inafter called "County", the CITY OF hereinafter called .. 'City", and Y-JL5%fV•i Ian€Fri ��� hereinafter called "Owner", relating to the approval of development plans and the an- nexation of unincorporated territory to the City. f� IT IS AGREED by the parties as follows: 2. Sphere of Influence. The subject property is located in the unincorporated area of Santa Clara County within the sphere of influence of City. 2. Development Approval. County agrees to approve the land development project proposed ' by Owner for this property providing that Owner agrees to certain conditions relatingto the general planning of the area by the City and the County as provided for by the Subdivision Map Act and the State Planning Act. 3. Urban Services. County and City have heretofore adopted policies for the pur- pomp of assuring that urban development, which requires urban type services, such as. police, fire protection, sewers, streets, water, libraries, parks and other miscellaneous urban services occur in the City, and that sound long range planning be implements to prevent urban sprawl. 4. Annexation. To this and County and City desire to provide for the orderly expansion of City boundaries in the ruture consistent with the abil- ity of City, toyprovide urban services which expansion would include this additional land within the city limits. Owner has agreed to such future annexation and consents that such proceedings may be • � , commenced by City at such time as City is prepared to annex the property. 5. Consideration. City agrees to annex to the City of CUPERTINO , at such time as City so elects, and Owner agrees to cooperate fully in such annexa- tion of those lands controlled by Owner, as a=.scribed in Exhibit "A" attached hereto, and incorporated herein by this reference, and lying within Santa Clara County, California. Owner and City agree that the provisions of this contract, the state laws, and City and County ordinances and resolutions shall control the procedural responsi- bilities of both parties. To this extent, Owner waives any right to object to the commencement of annexation proceedings. 6. Land Area. The land described in the exhibits to this agreement shall be designated as follows: 7. Planning and Zoning. The above-described plans 'of Owners are presently located, in the unincorporated territory of Santa Clara County, and precisely zoned by the Santa Clara County Board of Supervisors under the Cc,:nty Zut,iilg Ordinance for use as follows: In annexation of lands of Owner, City shall prezone said prop- arty to provide a suitable interim or holding zune. Subsequent to the effective data of said annexation, City agrees to immediately initiate proceedings to amend the City Zoning Ordinance in order to provide zoning to the Owner of the land compatible with the City's general planning for that territory. Said Zoning district' alloca- tion is in accordance with and recognizes thL' tentative subdivision map for this tract approved by the County P1ar,ning Commission on Dec. 3. 1979 , for approval by the Board of Supervisors of Santa Clara County on final map in the near future. All of such proceed- ings and approvals shall be in conformance with the California Sub- division Hap Act. S. Fee. In consideration for annexation to the City, and as part pay- meat for City owned facilities located both in and out of the origi- nal City boundaries, Owner shall pay to City an annexation fee upon an amount scheduled to be computed as follows:. -$0- ZEHo 9. Other Fees. • • Owner agrees to pay to City alt other fees which may ba required by ordinance at the time specified by said ordinance and at the time of annexation. Owner also specifically agrees to comply with the provision* cf all City ordinances requiring neighborhood park dedication, whether or not said ordinance r^ .gins in effect at that time. -2- 10. Taxes. Owner understands that after annexation has been completed, said property shall be subject to all real property taxes levied by the City. 11. Bonded Debt. upon annexation Owner does hereby consent that said property shall/be taxed to pay its share of the bonded indebtedness of the City. This agree- ment shall serve as such consent and a copy shall be filed with. the tax collector of Santa Clara County if evidence is required. 12. Streets. City and Owner agree that any necessary improvements to exist- ing public streets upon which said lands abut, which are the result fof development of Owner's property, will be accomplished. The devel- opment of such streets shall be according to the general standards of the City of In order to achieve this goal, Owner agrees to fully cooperate with the City to provide and install such street improvements pro- perly as required by the City as a condition of the development of this property within the unincorporated.territory of Santa Clara County. 13. In-Tract Improvements. Owner shall finance and install in-tract improvements reson- ably related to development of Owner's property, as required by the County of Santa Clara. These shall include but not be limited to streets, storm drainage, sanitary sewers, water and fire hydrants. The City shall use, its general law powers in the provisions of its ordinances covering subdivisions, zoning and.building codes to ob- tain these improvements at such time as the property is annexed to the City. 'In the meantime, Owner agrees to enter into any further improvement agreement requiring such improvements. 14. Bindin❑ on Land. . � All covenants, promises, and agreements contained in this con- tract shall pertain to and " expressly run with all the lands des- cribed in Exhibit A of this agreement. These covenants are cove- nants that run with the land and it is agreed that such covenants shall be binding. 15. Binding on Successors. This agreement shall apply to, bind, and in ure to the benefit v ,i Of successors in interest of the parties hereto, including heirs, assigns, executors, administrators, and all other parties, whe- ther they succeed by operation of law or voluntary acts of Owner. 16. Recording. The execution of this agreement shall be acknowledged before a Notary Public, and either party may file itWith the Recorder of the County of Santa Clara for public record. IN WITNESS WHEREOF, the parties hereto have caused this agree- went to be executed on the day set forth herein. Dated: L ity of LupurL uy' I • 7L_L sC: i :-- c 4,- ! c� , City Clem •l Dated;- -<'. �'d County o Sant Cl ra Dated: rn�rGA Owner PfR VED AS T p r7•>>crrj ages onner State of , On this the �,./ day of �l 19 s/ , before me, County of f- the undersigned Notary Public,personally appeared OFFICIAL SEAL known to me to be the person(s) whose names) as r subscribed [om M l GAGNE fo the within instrument and acknowledged thatNOTARY PUBLIC-CALIFORNIA executed the same for the purposes therein contained.SUITA CLAM COUHTY IN WITNESS WHEREOF, I hereunto set m hand and official seal. AJI carom. cxplms JUL M 1903 Y ct:ruu►culortuctt+aT row • �i�i�g -4- �i �lir•i:f[ .•a rC. rS:c}G�:4:eS•�J.r:S: I/�(Y`•KJI { ! l `. J` PI.L T::-T CEP.TAIN ? AL f RC:i'..kTY SI i!! •.ii U 11� T: in�':tiY. 07 _ - •iA CL=.RA, STAIE OF CALIrCRNIA, L`I">C:.l:: 3 As r 011 (!•.:5: .M.l. OF LOT 45 AS Sl1O::'t4 UPON 'f;;.4f �._k7.lt: ::',° Idl I fI.F.D, "I =Ci U0. 1180 CRL•S1GN", 1.":lI1Cl1 ::',P :l'S r'll.i:D r IN fill: UI ICE OF TIIF RECORDER 0r THE CO!JNiY OF S'•NIA C!.:.? +, SjAfE'Or LALIii•�':I.�. ON AUGUST 18, 1953 1N �!LIOK 44 DF :L'S, Al' 53 S. • - i f I �c••►► �.!......y:7dii�'i•l.-esi�r r?•:�..j7}'i u..t�rii.Ci'Y'.:'r:1�-�•..-4'J..�'~•cS'�•1.•.�:..:-' . December 27, 1982 Board of Supervisors, Santa Clara County LAFCO City Council of Cupertino City Council of Los Altos Creston Improvement Association Re: Proposed Annexation of 2 Parcels of County Land Located at 10675 Baxter Avenue (Improved) and 10701 Baxter Avenue (Raw Land) Los Altos CA To Whom It May Concern: We, the undersigned, are the two owners of the above- referenced lots. The City of Cupertino has recently attempted to commence annexation proceedings on these lots. Cupertino's efforts have been to request that we, the land- owners, volunteer to request annexation ourselves. In several documented instances, the City staff has (1) told other homeowners in the vicinity that we are instigating or approv- ing of the annexation, or (2) harrassing us with repeated letters or deceptive telephone calls trying to get us to agree to the annexation. For the record, we, the two lot holders, do hereby state that we have never requested annexation to the City of Cupertino and do not support it now. It is our desire to either remain County or be annexed to the City of Los Altos. Robert S. Rice Karen' S. Rice 10701 Baxter Avenue 10675 Baxter Avenue winnie Vim 11-35/1210 0962 330,5mmmerfietd Drive ,Milpitas, CA 95035 51q�to Opdep�i (t xwKks . (—A eT, BANK OF AMERICA CAPITOL-BERRYESSA BRANCH 1186 2650 BERRYESSA ROAD SAN JOSE,CA 95132 exCTTb® 1: 1 210003581: 096 2- I I867- I444III' ro 200,image check. 1-800562.8768 w.,moaed ask.•,m Swm, CITY OF III 10300 TORRE AVENUE , CUPERTINO , CA 95014 COMMUNITY DEVELOPMENT CUPERTINO FACSIMILE TRANSMITTAL SHEET TO: FROM: COMPANY: DATE: ln� FAX NUMBER: TOTAL NO.OF AGES INCLUDING COVER: 2Is - I �13 Z. RECIPIENTS'S PHONE NUMBER: SENDER'S PHONE NUMBER: ❑ URGENT I FOR REVIEW RPLEASE CONIMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: i C V 0 1 V . l 1 � -------------- 17CO - e�t:Ao�teY.— DEPARTMENT OF COMMUNITY DEVELOPMENT, ( ("�fAl TEL: (408) 777-3308, F 1 CityCupertinoof Annotation Abc Street Names I Address 6tS CityBoundary Street Centerline f1� CRESTON ® DR ParcelOutline K ... . LN 4 Right-of-Way / Parcels w Cd c ce CT AINSWORTH (� DR U. v v I DR f i N SCALE 1 : 3,037 200 0 200 400 600 FEET N er`tre. (APN 3 Z 6' 1 1 -D 12 mod, iri�ec�s�'eo� l`h a�raXl"� `}� Co T►no. ��is Would �t cc C l -,At l ► ���D G�1� cst V}rs , Ca►'� In�e Q nfleX / I j Lv, ra c C r umTs 9> -7-1-3333 }rttp:Hmapguidesvr/cupertinoassessor/home/mapFile.aspx Tuesday, August 21, 2007 10:22 AM 1,exi yn iQi►C Cv-k\� vn\o- ba - VeY% 2:�n n IN _ C'v�Cir OCA(VAN ortupertino rn2v l�- 1City Annotation j Abc Street Names Address 60 CityBoundaryLF x Street Centerline IT1 CRESTON DR ParcelOutline L.N / c Right-of-Way ! ro r Parcels CT AINSWORTH x DR v DR I N SCALE 1 : 3,037 200 0 200 400 600 / FEET http://mapguidesvr/cupertinoassessor/home/mapFile.aspx Tuesday, August 21, 2007 10:22 AM Community Development Department CITY OF 10300 Torre Avenue Cupertino, CA 95014 Telephone (408) 777-3308 Fax (408 777-3333 C U P E RT I N O Planning Division September 4, 2007 Steve Homan Department of Planning &Development County of Santa Clara 70 West Hedding Street, East Wing, 7th Floor San Jose, CA 95110 Re: Lau Property, 10645 Baxter Avenue, Los Altos (APN#326-11-012) Yiu Property, 10613 Baxter Avenue, Los Altos (APN#326-11-014) Annexation; County's Abandonment of Easement for Light and Air Dear Mr. Homan and County of Santa Clara: I am writing this letter on behalf of the City of Cupertino ("City") upon your request with regard to the properties at 10613 and 10645 Baxter Avenue, Los Altos ("Properties"), in the unincorporated area of Santa Clara County. Please be advised that should the owners of either or both of the Properties be required by the County to apply for annexation into the City of Cupertino, the City would be interested in annexing either or both of the Properties into the City. The City is aware that the owners of the Properties, through their attorney Nadia V. Holober, have submitted applications to the County pursuant to the California Streets &Highways Code and the County of Santa Clara Code requesting that the County abandon a 55-foot easement for light and air that runs across the front of the Properties pursuant to a recorded tract map. The City of Cupertino has no objection to the County's consideration and approval of the said applications for abandonment of the easement for light and air. Thank you and please do not hesitate to telephone me with any questions you may have at 408- 777-3257. Very truly yours Colin Jung, Senior Pl er City of Cupertino cc: Nadia V. Holober Community Development Department CITY OF 10300 Torre Avenue Cupertino, CA 95014 12 Telephone (408) 777-3308 Fax (408 777-3333 C U P E RT I N O Planning Division September 4, 2007 Steve Homan Department of Planning &Development County of Santa Clara 70 West Hedding Street, East Wing, 7th Floor San Jose, CA 95110 Re: Lau Property, 10645 Baxter Avenue, Los Altos (APN#326-11-012) Yiu Property, 10613 Baxter Avenue, Los Altos (APN#326-11-014) Annexation; County's Abandonment of Easement for Light and Air Dear Mr. Homan and County of Santa Clara: I am writing this letter on behalf of the City of Cupertino ("City") upon your request with regard to the properties at 10613 and 10645 Baxter Avenue, Los Altos ("Properties"), in the unincorporated area of Santa Clara County. Please be advised that should the owners of either or both of the Properties be required by the County to apply for annexation into the City of Cupertino, the City would be interested in annexing either or both of the Properties into the City. The City is aware that the owners of the Properties, through their attorney Nadia V. Holober, have submitted applications to the County pursuant to the California Streets &Highways Code and the County of Santa Clara Code requesting that the County abandon a 55-foot easement for light and air that runs across the front of the Properties pursuant to a recorded tract map. The City of Cupertino has no objection to the County's consideration and approval of the said applications for abandonment of the easement for light and air. Thank you and please do not hesitate to telephone me with any questions you may have at 408- 777-3257. Very truly yours Colin Jung, Senior Pl er City of Cupertino cc: Nadia V. Holober DOCUMENT: 177634g3 Pages: I 1 Fees. . 12 00 Taxes Copies AMT PAID 12 00 M A P C O V E R S H E E T BRENDA DAVIS RDE 4 010 SANTA CLARA COUNTY RECORDER 5/04/2004 Filed at the request of 1 :07 PM DO NOT MAIL Title Company Map Type . . . . . . Parcel Map Tract #. . Book Type. . . . . TRPRS Tract, Parcel, Survey I Book . . . . . . . 769 RECEIVED Starting Page. 42 SEP 1 4 2007 i Ending Page. 44 %S DEPARTMENT Title Co/Other First American Title Company Owner Name(s) . . . CUPERTINO FINANCIAL CENTER PARTNERS, LLC f � MAP INFORMATION / COMMENTS PARCEL MAP • CONSISTING OF 3 SHEETS BEING A SUBDIVISION OF A PORTION OF PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED AUGUST 3, 1957 IN BOOK 576 OF MAPS AT PAGES 31 AND 32. RECORDS OF SANTA CLARA COUNTY AND A PORTION OF PARCEL 4, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED JUNE 19, 1973 IN BOOK 325 OF MAPS AT PAGE 12, RECORDS OF SANTA CLARA COUNTY LYING ENTIRELY WITHIN THE CITY OF CUPERTINO. SANTA CLARA COUNTY, CALIFORNIA DATE: FEBRUARY 2004 B k F sm MM-- mm 100 ; ?a �a ' • N� V 10 A m o ♦� vi 0 CID ��' ,•a���� ►j� :�+• +off ►� ++� s� ����� ° �► .too ♦ • • PIC ID 73 maw aj '' �:j ,��ir�,►:��•i� ��i� •�o��•♦oil ■��ti► or .� oi'i =b �b ��rr/��1��s1 ♦ �i �� �j111�4 °,11�►i %O��r���►� � r„i��* �If�4ii/� �// b� �y�j III�i 1 "AID a�a�,�►� 11+t'►:i� � .r► �jlj 1�♦ 1111 III '� ��r■� ���l�®!r[r s�, ,•is/r��/ �I�11,� Io;11.�111111;�� �IR�■ a*Iowa� IN`'h. • e���i� !�i1�i®Is�II�i�1i oiir''� ♦ 1/ Ii♦ 1►�s.vr��°�j♦� :Nlaw- 1 « A�■e 111►11`���►111 II�Ij�j�f :.,,/1111 11 ♦ �♦. ♦�I � s�=���._ , ►virirr„oli���� � h o.��I�l ��rnrr �l man Moto 0 WIN FARl1/,� ' \ ` ♦ r r ..an �t;�rl^'■�'tlll �, ��►•,� �♦ �, ,� �� ♦ swill Mite i rrA■■■A■■ ■■A►�®,s ■ � ��`e .c. ���;+i�` , ,,.�,, tr�►v,� /rrr�r r ■■■■■ rr�►�/� . a�'� ,`ram ,►���i�;ii��i��/S! Mii ioir iiiiaii ' � !.fir � ` -s� ®. �; .,,�-_ .L'.►�. i � i ■. ®■ram �' --. �►ifi■■ • Il//lttl o / ����■■ ��� iri-rrrr�l�■■ ��..I%+ice_�._ a ,��,■;a�� i_� ��r ►�!��. :���r :■_�� VitalChek Receipt Transaction ID: V99-0063501-1 I II I I I I III II II III I I II I II II Date/Time Requested: 9/12/2007 @ 1:26 pm Certificate Type: OFFICIAL RECORD Description: 17763403 CERTIFIED COPY OFFICIALS 17763403 05/04/20 4dit Card Authorization Code: 01261 A Request Fee this Item: $0.00 Copies: 1 Other Agency Fees this Item: $12.00 Carrier: REGULAR MAIL Delivery Telephone(s): (408)224-2109/(408)777-3245 Agency Other VCN Fee Carrier Fee Request Fee Agency Fee Total Fee $ 6.00 $ 0.00 $ 0.00 $ 12.00 $ 18.00 Ship To: JO ANNE JOHNSON RECEIVED 10300 TORRE AVE. CUPERTINO,CA 95014-3255 SEP 1 4 200? 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