CC Resolution No. 5971
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Exhibit a
RESOLUTION N0. 5971
A RESOI.UTION OF TIIG CITY COUNCIL OF TIIF. CITY OF CUPERTINO
APPLYING FOR TfIE ANNEXATION OF TfIE AREA DESIGNATED "FOOT-
NILL 82-03"
WHERIiAS, the City Council of [he City of Cupertino requests that the
herein described [erritory be annexed; and
WHEREAS, [his City Council desires to make applica[ion to annex;
NOW, TftERIiFORE, UE LT RESOLVED by the City Council of Che City
oF Cupertino as follows:
1. That the above condi[ions are true and correc[.
2. Pursuant [o Covernmen[ Code Sections 35140 and 35110, applic~[ion is
hereby made to [he Local Asency Focmation Commission of the County
oE Santa Clara Eor a proposed change as follovs:
(a) This propos~l ismade pursuant to the Plunicipal Organiza[ion Act
of 1917 (Section 35000 et seq., Goverament Code).
(b) The nature of the proposed change of orsanization and [he namea
oE all dlstricts for which any such change of organization is
proposed are as follows:
Annexa[ion to the City of Cupertino will affec[ no changes in
distrlcts.
(c) All other affected counties. ci[ies and districts are: -
None
(d) S~ecial dis[ricts located within tlie area contained in this proposal
are:
Cupcrtino Union Scliool DLs[rict
Fremont Union High Schuol DisCrict
('oothlll Cnmmunity Collegc Uistric[
Mldpeninsula R~gio~al Open Spnce Dis[rlct
Cupertino Sanitary Distrlc[
(e) A descrtption of thc exterior boundaries oE the territory proposed
to be annexed is described !n Exhibit "A" attached hereto.
• (f) Sald territory is uninhabited a~d comprisea appcoximately 1.38
acres, mnre or lesa.
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(g) [t Ls proposed Chat said [erritory be annexed subject ta [he
following changes:
None
(h) Tt~e owner of [he land within the Cerritory lias not applied [o
annex, but did aqree on Dtarch 2, L981 to future annexa[ion and
consented that such proceedings may be commenced by the City at
such time as the City were prepared to annex [his proper[y.
(i) The reasons for this proposal are as folloas:
It is consistent wL[h [he orderly annexation of [ecritoty
crithin the City's Urban Service Area.
It is consistent vith the CI[y policy of annexing areas when
providing City services.
(j) Ic is hereby requesced [hat proceeJings be [aken Eor [he annexa-
tion of Cerritory as hereinabove proposed.
3. The Councll hns completed an Initial Study and has found th~t annex-
ation of said [erri[ory has no sLFnificant impac[ on [he environment,
and approved Rranting oE a Negative Declara[ion.
4. The City Counci] adopted Ordinance ~o. L017 prezoning subJect [erri[ory
from San[a Clara County RL-10 Co City of Cupertino R1-10 on June 17,
1980.
5. The City Clerk is hereby authorized and directed to file a cer[ified
copy of tl~is resolution wi[h the Cxecu[ive Of[icer oC the Locai
Agency Formation Commission of [he County of Santa Clara. -
PASSED AND ADOPTGD at a regular meeti~g of the City Council of the
Ci[y of Cupec[ino [his lst day of November ~ 1982 by the
folloving vote:
Vote Members of the Ciry Cowuil
~Y~S~ Johnson, Plungy, Rogers, Spazks, Gat[o
NUES: None
AIiSCNT: None
ABSTAIN: None
ATTEST: APPROVED:
~ • 4iff~{/''`
Ctty Clerk May r, City of Cup rcino
2
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FOOTHILL BOULEVARU 82-OJ
~ ~ All tl~at certain real property 9ituate in [I~e Cou~ty of Santa Clnca, SCate of
California, more particularly described as follows:
All oE Lot 45 and portions of Cres[on Drive and Foothill Uoulevard (formerly
Ftountain View - Stevens Creek Road) as ahovn on tha[ certain map entitled
"Tract No. 1180 'Creston which map was filed for record in the Office of
the Recorder of said County, on Augus[ 18, 1953 in Dook 44 of Maps, Page 53,
and a portion of Foottiill Boulevard (formerly Plountain View-Stevens Creek Road)
as sho~n on that certain map entitled "Tract No. 780, 'Cres[on' Unit No. 2",
wliich map was filed for record in the Office of the Recorder of said County on
June 4, 1954, in 9oak 50 of Mapa, Pages 33 and 34, more particularly described
as follows:
ISeqinning at the point of intersection of [he westerly sideline of Foothill
[Soulevard (formerly Mountain Viev - Stevens Creek Road), said westerly sideline
being parallel and 20 feet westecly to the original centecline of said road,
~ and the westerly prolongation of the centerline of Creston Road as ahown upon
said "Tract No. 1180";
Thence S85°42'10"C, 186.03 feet along the westerly prolongation of, and center-
line of Cceston Road, to its intersection vith the northerly prolongation of
the westerly sideline of Baxter Avenue;
~ Tlience S10a22'tJ, 164.42 feet along [he aor[herly prolongation of, and vesterly
; stdeline of Baxter Avenue to the southeast corner of said Lot 45 as shown on
~ said "Tract No. 1180";
Tlience N85°42'10"W, 125.70 fee[ along the southerly boundary of said Lot 45, to
the southwest corner of said lot;
Tlience S10°22'W, 493.J5 feet along the eaeterly sideiine of Foothill Boulev~rd
' (formerly Mountain Viev - Stevens Creek Road), to the southwest corner of Lot
' S1 of said "Tract No. 780", said corner poin[ being un the boundary of that
certain annexation to [he City of Cupertino entitled "Stevens Creek p3";
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' Thence NAS°37'40"W, 60.J3 feet across Foothill Boulevard (formeriy Mountain View
Stevens Creek Road), along the boundary of said annexation "Stevens Creek 03'~
tind that certain annexation to the City of Cupertino entitled "Foothill - Vt.[n
~ Knoll", to a point on the westerly sideline of Foott~ill Boulevard (formerly Moun-
[ain View - Stevens Creek Road);
7hence N10°22'E 657.69 feet along said wes[e~ly fiideline, parallel and 20 feet
westerly to tiie original centerline, said sideline being along that certain
.~nnFration to [he City of Los Altos entitled "Stevens Creek No. 1", to the Puint
of lkginning. '
Cr+n[aining: 1.~8 acres more or lesa.
A.P.N. 326-11-89
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(GUYLR"flt~0 LIMI'r'S) . . , . . .
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RETURN TO GITY W/~~~ ~ '
pF GUPER~{NO A,j,J ~GREEMEN'T FOR THE At3NEXATION `
~1030Q 7062~-'. /~y~-~ OF TERRITOkY
GUPERTINO, CA 960t4i
' ' This is an aqreeraent between the COUNTY OF SfiNTA CLARA, here-
' ~ ~inaEter called °Count CUPEKTSNO
y, the CITY ~P , hereinafter called
"C1ty", and ~~`~±~~',K.~ k~~~~ ~<<IPFtJ ~ hereinafter called
"Owner"~ relating to the appzoval of developcnent plans and the an-
nexation of unincorporated territory to the City,
» IT I8 AGREED by the partiea aa follows:
~ 1. Sphere of Znfluence.
. 2'hn aubject property ia located in the unincorpo~ated area of
Santa Clara County within the aphere of influence of City.
' 2• Development App~oval,
~ Couaty aqrees to approve the laad development project pzoposed
; by Owner for thia property praviding that Orm er agrees to certain
' conditlona relatin xo the
9 general planning of the area by the City
and tho County as provided far by the Subdivision Map 1~ct and the
.
State Planninq Act.
~ 3. Urban Services.
.
County and City have heretofore adopted po2lcies for the pur-
pose of assurinq that urban development, which requires urban type
sarvices, such aa, police, fire pzotection, sewera, streets~ water,
, libraries, parks and otber miscellaneous urban aervices occur in the
City, and that aound long ranga plannlnq be implements to prevent
urban aprawl.
, 4. Anne~xation~
To thls end County and City desire to provide for the orderly
' axp~n~ion of City boundariea in tae tutura cony~atenc with tn~ abi!-
ity oi City~ to provida urban ~arvicea which expansion would i~clude
thia additional land within the city limita. Owner has aqreed to
auch tuture a~nexation and consenis that such proceedings may be
r commencad by City at auch time as City i9 prepared to annex the
property.
S. Consideration.
City aqreee to annex to the CiCy of Cut~ettTlt~u , at such time as
City ao elects, tnd Owner agreea to cooperate fully in such annexa-
tion of those lands co~trolled by Uwnirr, ae clt~cribrd in Exhibit "A"
•ttscbed hereto, and incorporated herein by this zeference, and lying
. _1_
~ within Santa ~ra County, California. O~ and City agree that
tDa provision9 of this contract, the etate lavs, and city and county
ordinances and resolution' shall control the procedural responsl-
. bilities ot both parties. To thia extent, Owner Waives any right
to object to the commencement of annexation proceedings.
6. Land Area.
Tha land described in the exhibity to thiy agreement shall be
desiqnated as follow9:
7. Planninq and Zoninq.
The above-descrlbed plans of Ovner9 are preyently located in the
unincorporated territory of Santa Clara County, and precisely zoned
by the Santa Clara County Board cf Supervisor9 ur.der tte ~c..r.ty ~.,i,~„g
Ordinance for use as fc~lloWS:
In annexation of lands of Owner, City shall prezone 9aid prop-
erty to provide a suitable lnterim or holdinq zune. Subsequent to
the affective date of said annexation, City agrees to immediately
initiata proceedinq9 to amend the Clty Zoning Ordlnance in order to
provide zoning to che Owner of the land compatlble with the City~y
general planning for that territory. Said Zoning discricC alloca-
tion i9 in accordance with and recognizes thc tentative subdiviyion
rt+ap !or this tract approved by the County Plar.ning Commission on
nec. 3. 1979 , for approval by tha Board of Supervlyors of Santa
Clara County on Linal map in the near future. All of such proceed-
inqs and approvala shall bo in conformance with the California sub-
division Map Act. '
8. Fee.
In consideration tor annexation to the City, and as part pay-
mont for City owned facilitiea located both in and out of the origi-
nal City boundarlea, Ownar shall pay to City an annexation fea upon
an amount acheduled to be computed ae follows: -$0- ZERo
~ 9. Other Fee9.
' '
OwRer agreea t0 pay to City ali other fees which may be required
, • by ordinance at the time ypecified by sald ordinance and at tha time
o! annexation. Owner also speclflcally agrees to comply with th~
plovi9lons cf all CSty ordlnances requirinq neighborhood park
dadiCttion, whathar or not said ordinanca r^ tins in effect at that
t lAlf .
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, 10. Tax•, ~
Owner understands that after annexation has been completed,
said property ehall be subject to all real property taxes levied
by the City.
' 11. Bonded Debt.
Owner does hereby consent that eaid property shall!~e~~taxedJto~~
pay its share of the bonded indebtednesa of the City. This ayree-
mept ahall serve as sucb consent and a copy ehall be filed with the
i~
Lax Collector of Santa Clara County if evidence is required.
12. Streets.
City and Oxner agree that any necessary improvements to exist-
~ inq public atreets upon vhich said lands abut, vhich are the result
~ of developwent of Oxner's property, will be accomplished. The devel-
opment of auch streets shall ba according to the general atandards of
the City of
In order to achieve this goal, Ormer agrees to fully cooperate
Vith the City to provide and install auch atreet improvements pro-
pezly as iequized by the City as a condition of the developcuent of
' thia property within the unincorporated territory of Santa Clara
County.
13. Sn-Trac~~marov~mP.+r~,
Oti+ner shall finance and install in-tract improvements reson-
ably related to development of Ormer's property, as required by the
• County of Santa Clara. These chall include but not be limited to
atreats, storm drainage, sanitary aewera, water and flre hydranta.
The City shall use, its qeneral lau povers in the proviaicns of its
' ordinancea covering aubdivisiona, zoninq and building codas to ob-
tain these improvements at such time ae the property is a~~n~xed to
the C1ty. ~In the meantime, Orm er agrees to enter into any further
improvement aqreement requirinq auch improvements.
14. Bindina on Land.
All CoVenartts, promiaes, and agreementa contained in this con-
tract shall pertain to and do axpreasly run with all the lands d~s-
Cribed in Exhibit A of thia agreement. These covenanta are cove-
nants that run with the land and it is agrued that such coven~nts
~hall be bindinq.
15. ~indina on Successors.
Thia aqreement ehall apply to, bind, and in ure to the benefit
v
~ -3-
~ e
. c! auccea9ora in intore~t o! the parties hereto, includinq heirs,
aaaiq~a, axecutor9, adminlstrators, and all other partiea, whe-
thar thay succeed by operation of law or voluntary acts of Owner.
lb. Recordinv. .
Tho exeCUtiorl Of thi9 agreement Shall be acknowledqed before
a Notary Public, and either party may file ~~it1, tha Recorder of
the Ceunty of Santa Clara for public record.
IN NITNESS WHEREOF, tha parties hereto have caused thi.s agree-
mnnt to be executed on thelday 9et forth herein.
Dated: ~~5~ - ~L~
, itY~lupert uy~ •
A[t st• ~ ` ~ ~ '
c<C,.l^ c~ ~¢S~i~ ~ ^
~ . City Cl~rk
Dated;~~~-f- ~«/1~.~ ~ .
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~ County o Sant C1 ra
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Dated: ~11a r~l~ 1~8 ~ i`~'
~ y~M..C.(~. ~ I `13~ ~ ~~n ~
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?PR VED AS T p : -
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State oi ~j
~ . On lhis the ~dey of ~~l 19 S~ , before me,
-~//y , . , ~ ss. 1
County of • f- i%_ • the unders~gned Notary Pub6c, personally appeared %l. v ~C 5 i~•
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a " OFFICIAL SGAL known to me to be Ihe person(s} whose name(s) subscribed
~ ~~r,t?}~.. M L GAGNE to iha wilhm instrument and acknowledged that
• a, notaar ounuc - cauroanw T-
StttA CuRA CouNIY executed the same for (he purposes therein conta~ned.
ur caara. e,ya~s ~ut 15, 1su~ IN WITNESS WHEREOF, f hereunlo set my ha~d and oU~ual seat.
~ /
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o[ruu aciue~~uctrar ~o~r
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/PI.L T:::,T CEr i~1N 2c:+L Fkt~•..~iY Sl i'!:..i~ U lt. t::=: ~~~t'::il". Gi° •.i.'.
/ CL~.FA, STAlE OF C:.Llrl`Rt~lA, L'I >C% Ii . ~,:5 ~~~I t(~'.:5:
" .41.1. Of LOT 45 l.5 S:IO::tJ U~ON T;::.( ~.~-kT.l:: • tdi l fLF~, "i'::Ci
~~0. 1180 CRL57G:~", ::~tlCli ..'.P :l,5 rll.~"D .~r ~~-~.C~~~u IN f:ii: Gi~ I:f:
OF TIIF RcCOR01:R Or "f~iE COUt~iY U"r S'.'~i: i!.:.a~, Si.'.fF Ui` 1+~•~':1•~
o~~ AUr,uST I8, 19i3 Ir~ ?u~~K ~c~s ~JI~ •..L1ti~ ~,f • >3
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Exhibit C
December 27, 1982 ~
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Board of Supervisors, Santa Clara County -
LAFCO
City Council oY Cupertiao
City Coui~cil 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 oP 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.
~ . . -1 .
oQe~c-r'~- ~~e~ ` `.c~ce.,.._ ,J, i~,c,ro
Robert S. Rice KarentS. Rice
10701 Baxter Avenue 10675 Baxter Avenue
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