89,322 Annexation 94-08 11593 Upland Way 9,322 ANNEXATION 94-08
11593 Upland Way
Wooley, Roger
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CITY OF CUPERTINO
• RECEIPT •
• No. 83461 •
DATE OV. Z �q
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ADDRESS G/ W
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RESOLUTION NO. 9335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "UPLAND
WAY 94-08" , APPROXIMATELY 0.91 ACRE LOCATED ON THE
WEST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE
AND BUBB ROAD; WOOLEY (APN 366-03-009)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.91 acre on the west side of Upland
Way (APN 366-03-009) has been filed by property owners Rodger and Ronamae
Wooley; and
WHEREAS, on April 17, 1995, the City Council adopted resolution No. 9319
initiating proceedings for annexation of the area designated "Upland Way 94-08; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 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:
Resolution No. 9335
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Upland Way 94-08", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.91
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 September 8, 1981, enacted an ordinance prezoning
the subject territory to City of Cupertino RHS 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.
2
Resolution No. 9335
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
M. 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 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15th day of May, 1995 by the following vote:
YM Members sf Ihg"Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Wally Dean
City Clerk Mayor, City of Cupertino
resoluti/wooley.doc
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
UPLAND WAY 94-08
JAN 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
All of Lot 4 , as shown upon that certain Map entitled , "MARQUETTE HEIGHTS
SUBDIVISION, Tract No. 492" , which Map was filed for record in the office of the
Recorder of the County of Santa Clara , State of California on March 22, 1948 in Book
18 of Maps , at Pages 4 and 5, and more particularly described as follows:
Beginning at the southwest comer of Lot 4 as shown upon said map"MARQUETTE
HEIGHTS SUBDIVISION';
Thence NORTH, 116.00 feet along that certain annexation to the City of Cupertino
entitled, "BUBB NO. 2" to the northwest corner of Lot 4 as shown upon said map;
Thence EAST, 340.00 feet to the northeast comer of Lot 4, said point also being along
that certain annexation to the City of Cupertino entitled,"UPLAND WAY 86-02;
Thence SOUTH, 116.00 feet along said annexation"UPLAND WAY 86-02", and the
westerly boundary line of Upland Way as shown upon said map"MARQUETTE
HEIGHTS SUBDIVISION"to the southeast comer of Lot 4;
Thence WEST, 340.00 feet to the Point of Beginning.
Containing: 39,440 square feet, more or less.
0.91 acres, more or less.
A.P.N. : 366-03-009
4 4 0 0
IT
QN m
m SITE
EXISTING CITY LIMITS LINE
y RAINBOW DRIVE
3 C9
z
z J
N.T.S. d N
SCALE: 1"=100' 340.00' I I LOCATION MAP
y�M
LEGEND:
MA1 ). 340.00'
EXISTING ANNEXATION S
"BUBB NO. 2" I ,�.y b I�I PROPOSED ANNEXATION
EXISTING ANNEXATION
J — EXISTING CITY LIMITS
EAST I a
APN 366-03-009
g LOT 4% 8 I EXISTING ANNEXATION
o e j "UPLAND WAY 86-02"
_ 39,440 S.P.
0.91 ACR S
340.00'
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED UPLAND 94-08
DATE: JAN 1995 1 SCALE: 1"=100'
BY: RIEDEN, K I REVISED:
CITY OF CUPERTINO
-277-33 S4
City of Cupertino (408)252-4503-
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CORTISE-KNOX LOCAL GOVERNMIRU REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the City Council of the City of
Cupertino for approval of a proposed change of organization or
reorganization, and stipulate(s) 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 Local Goverment Reorganization Act of 1985) .
2. The proposed change of organization is designated as:
Upland 94-08
and consists of:
X annexation to The City of Cupertino
detachment from (name City/District)
of .91 (number of) acres on the w (n/s/e/w)
side of Upland way (Street/Avenue)
between Rainbow Drive (Street/Avenue)
and Bubb Road (Street/Avenue)
and (if applicable) _ annexation
_ detachment
of the same to/from
(name City/District(s) )
3. A metes and bounds description of the exterior boundaries of the
territory(ies) included in the proposal, marked Exhibit A, and a map
of said territory(ies) , marked Exhibit B, are attached to this
petition and by this reference incorporated herein.
4. The territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) X uninhabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s) .
6. The reasons(s) for the proposed annexation (annexation,
detachment, reorganization, etc.) is/are:
To procure City services
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or
reorganization be made subject to the following terms and conditions:
NIA
8. The person(s) signing this petition has/have signed as (check one) :
x owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) x do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in
accordance with the provisions of Section 56000 et seq. of the Government
Code and herewith affix signature(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print) Assessor's Election
name below Street Address Parcel or Precinct
Date sicwoture) City/State/Zip No.* No.**
Phone: (J/"Y ) �t�7- 9L✓2
i Is 4 a CC.px&�-,d IuA_ 36 6 0 3 009
r" pso i 1/
Phone: -_f(.:r
Phone (_) _-
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident-voter
initiated proposals.
City of Cupertino (4 08)xVY2rA505c 7 7 7-3 3 5 4
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 cmnpleted in full and submdtted 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 Govenment Reorganization Act of
1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: Upland 94-08
Annexation )
to/from The City of Cupertino
�aiaa) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
X The City of Cupertino as Lead Agency for environmental review
(Name of City/District)
of the project, has already prezoned
(prezoned? other approval action?)
the territory on Sept 8, 1981 _, and in ccngpliance with CEQA, has:
(date)
_ determined that the annexation is categorically exempt from
provisions of CEQA pursuant to Cal.Adm.Code Sec.
(cite class exemption section) .
__2L 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) 252-4505.)
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Adm. Code Sec. because
CHARACPERISTICS OF THE AREA
1. Number of acres 39,440 sq. ft.
2. Number of inhabitants 2
3. Number of registered voters 2
4. Number of dwelling units 1
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: none
C. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
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) :
b. Does the applicant intend to propose a change .in this zoning if
and when the territory is annexed to the City? YES_ NO
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. Currently this parcel is in Santa Clara County.
We would like to divide this parcel into two lots. Zoned for single
family house.
8. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES x NO
If NO, please explain the reason for non-conformity and provide
justification for approving the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island,
corridor or strip of unincorporated territory? YES_ NO X
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. Lard 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? YESy NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory proposed for annexation/detacbnw.nt/reorganization in
the city or District's urban service area: YES 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,
I
If YES, what arrangements will be made to provide sewage disposal?
12. Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be fin-
anced by the formation of a special assessment district? YES_ NO X
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.
Supp. Appl. -3-
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 Hay Area Air
Pollution Control District, County Library Zone, and Water
Importation.) (Refer to County Tax Rats Code Book for this
information) : t
Conerf;no ElernenfaryDiGIr,c� MA 6bnlncdlADoenSocce D,siT-c_
FcPrrnnE I I aL c hoc l Dis c t
Footh II Corwr��n t St
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexatoin/detac2meit/reor-
ganization who consent to this proposal should show their consent
by signing aril 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 (not 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.
Assessed
Signature Street Address/ parcel Value of
Date (Print name below) City/State/Zip Tel. No. No. Land
`42 Z6J f'Gj Z 3&4-03-009 4 Z71&gO
O L 7Q G�IL�`A /J d-fa 44 ,/,A Y yii 1
,w+ruuVM &t t1s93 .? sa 9G3z
2r..nwxae Wooly C�_q sort'
(If additional space required, continue list on separate sheet & attach.)
* "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 laud 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.
Supp. Appl. -4-
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)
(Z)
(3)
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.
Bert Viskovich 10300 Torre Avenue
(Prin of person omplete- Cupertino CA 95014
ing 'o ( ;ess)
75'
(S1 e)
NOTE It s a general IAFOD filing requirement that a copy of this
application be filed with each school district shown on question #13 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 net.
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 Goverrmwsnt Code Section 56839, the City will make
determinations on this proposal without notice or hearing.
Date:
City Clerk
(Seal)
City of Cupertino
b. Owners of land within the proposed annexation/detachment/reor-
ganization 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.
Street Address Street Address
Name City/State/Zip Name City./State/Zip
(If additional space required, continue list on separate sheet & attach.)
C. FOR NOT-100% CONSENT PROPOSALS, list all registered voters
residing in annexation/detachment/re-
organization' the territory proposed for anexation/detachmesnt/re-
organizations 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.)
Supp. Appl. -5-
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� s,nEEr Mr. & Mrs. Rodger Wociey t._____.__ SANTA CLARA COUNTY NTY Loonrss 11593 Upland Way t_li'.;g LAURIE KANE -.;
SATE Cupertino, CA 95014 r_�_....._ RECORDER
ZIP
L J ;-_ I
Titie Order No. Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
r r
DOCUMENTARY TRANSFER TAX $-0-- No Consideration
G [,ANT iser:...larewE G computed on full value of property conveyed, or
0 computed on full value less liens and -„
encumbrances remaining at time of sale.
r a-:
Signature of Declarml or Agent oetermtmng To. firm Nan
FOR VALUABLE CONSIDERA110N, receipt of which Is acknowledged, I (We), 32dger B. Woolev and
;name el guntorpll -
Konamae lvooley, husband and wife, as community property
grant to Rodger Wooley & Ronamae Woolev as Community Property & as Trustees of the
1988 Wvol,ey. gevgc�hle Trust
ail that real proper y 5Rc `.e InU e ny of Cupertino
(or in an unincorporated area of) Santa Clara County, California,
(name oI Gnunlyl
described as follov+s (insert legal description):
Lot 4, as shown upon the ;-tap entitled, "Tract No. 492 Marquette Heights
Subdivision, portion of N.W. 1/4, Sec 26T. 7S. R. 2 W. , Santa Clara County,
Calif.", and which Map was filed for record in the office of the Recorder
of the County of Santa Clara, State of California on March 22 1948 in
Book 18 of Maps, pages 4 and 5.
Vesting Change only
Assessor's parcel No. 366/-03-009
Executed on , L' 197r , at
icily and Stahl
STATE OF CALIFORNIA
ss of 2'. r/Yo Q--e-/Y—
COUNTY y o y
! On this ��tlay of (?'f�f�! m the year 1 � before me. 7W b OCG�,
the undersigned, a Notary Publics in add for saaiid a,personally aap+-,neared 17
/
personally known to me
(or proved to me on the basis of satisfactory evidence)to be the person v
whose name4 Yam-subscribed to the within instrument, and acknowl-
edged tG ne that rhe. -executed i!.
F, aka, Y (`39i '+' i �itliM'OR7
WITNESS my hand an official t sgrs Fri >v"if�3lA COU,Y
21
Notary nd I sal to
\ (ThB area.for ollicial notarial seal)
MAI T Same as above.
\. SIA EMENTSTO —
NAME ADDRESS ZIP
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WOOLEY
WOOLEY 2146
WAY 1"&1210
A 95014 ✓
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ORDER OF
—�+V !fib I
110 L L A R S
Bank of America (408) 983-0588
Sunnyvale Main Branch 0041
444 South Mathilda Avenue
Sunnyvale, CA 94086 `
MEMO
(: 12 1000 3 581: 2 146 rr.004 1 24 398a
MR. R. B. WOOLEY 2145
MRS. R. B. WOOLEY
253-9632 C
11593 UPLAND WAY % 11-3 511 2 10
CUPERTINO, CA 95014 /f 19 ~
PAY TO THE
ORDER OF
D O L L A R S
Bank of America (408) 983-0888
Sunnyvale Mein Branch 0041
444 South Mathilda Avenue
Sunnyvale, CA 940M
MEMO
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