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09. Set date annexation Baxter Ave 08-01DRAFT RESOLUTION NO.O8-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED "BAXTER AVENUE 0$=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), YIIJ (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 "A 1 ", "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; 9-1 Resolution No. 08-085 Page 2 NOW, THEREFORE, BE 1T 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 Memhers of the C~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino s-2 EXHHIBIT "A-1" LEGAL DESCRIPTION BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTTNO, 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 471ying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Poin# 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 Claza County on February 13, 1985; (I) thence along said easterly boundary line 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 leaving said easterly boundary line of the Foothill Boulevard .Annexation 82-03 and along the northerly boundary line of said Lot 47, 879°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. 2", S 10°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 tine 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 Boulevazd Annexation 82-03; 9-3 EXHIBIT "A-1" LEGAL. DESCRIPTION BAXTER AVENUE OS-Ol ANl~1EXATION TO THE CTTY 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, N20°22'00"E, 75.00 feet to the POINT OF BEGINNING. END OF DESCRIP'T`ION 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.:326-11-0 l2 ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED "EXHIBIT "B-I", "BAXTER AVENUE 08-OI As3]vEXATION TO THE CITY OF CUPERTINO, CALIFORNIA" ATTACHED HERETO AND MADE APART HEREOF. Prepared By: .;. _~~ ~`,~, ;; Michael S. Mahoney, P.L.S. ~ ~~" `'=~~'~ Revised: May 27, 2008 a' ,o. ~ ~~ 4 ~ s7~ ~p• 1:2/31y~ ~VRVEYO~ 2 9-4 EDIT "A-2" LEGAL DESCRIPTION BAXTER AVENUE 08-O1 A-NNEX.ATION 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 491ying in the Unincorporated Area of Santa Clara County, State of California, aad being more particulazly 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 Boulevazd Annexation 82-03 as described in Document Number 83325971 filed in the Official Records of Santa Clara County on February 13, 1985; (l) 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 PAINT 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, I25.00 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'Crestoa' Unit No. 2" and along southerly boundary line of said Lot 49, N79°39'00"W, I25.00 feet to. the southwesterly corner of said Lot 49 being on the easterly boundary Line of said Foothill Boulevard Annexation $2-03: 9-5 EXIT "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 Boulevazd Annexation 82-03 and the westerly boundary line of said Lot 49, N10°22'00"E, '5.00 feet to the northwesterly corner of said Lat 49 being the POINT OF BEGINNING.: END OF DESCR.LPTION 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 l~s~]'VEXATION 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: Michael S. Mahoney, P.L.S. Revised: May 27, 2008 5~ PE4 s • ~tqh, °G` \Gr a2~ ~ ~~ Q[ Na. ssrr ,• t gym. t2/3~ro9 s~veto?' 2 9-6 EAST1~Ly BOUND J~ FOOTHIt[_ BOULEyARD OF ! ANNEXATION NO.82-03 L~ o op ~ 0 40' ~ po , ~p REVISED: MAY 27, 2008 w 0 m 0 ~O ~~ oN 1 j0 mz 1~ ,. o Jti 1 N W !~ ~Q ~~ LEGEND o S85j'42'f0'~ 12 ~Q~V ~~°~D n ~ ~ p~~Vl:/Oo ~o° ~ ~~C~7~©Gll a ~~ ~©~' h S ~e ~ S7g°39'QO'LC ~~ h 0 12Se~ ~o~ 0 ~ ~_D12 0 0.22 goes ~ ~o~ 40 UNE OF PROPOSED ANNEXATION ~ f ~`~ FOR LOT 47 "V~ '--- -'~- 'LINE OF FJCiSTING ANNEXATION AS NOTED 2 DENOTES COMMENCING FOR A POINT OF REFERENCE AS DESCRIBED IN EXHIBIT "A" LEGAL DESCRIPTION POB DENOTES POINT OF BEGINNING AS DESCRIBED IN EXHIBIT "A" LEGAL DESCRIPTION "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." ~~~ X80 4 H.lRTMAN DR LOCATION MAP EXHIBIT "B-~" PLAT TO ACCOMPANY LEGAL DESCRIPTION BAXTER AVENUE Q8-01 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 APENLTE, LOSALTOS, CALIFDRIVIA s - ~ r ~p~-- ~1 Q IJ S~ i~ 4 ~! ~' V O O ~'Q~ to O 0 0 O ~~ . o ~° I j0 1 O~ r a EAStERLY BOUND ANN TfilLL $~1LEV~p OF ' EXATION NO. 82..03 0 40' L~ o ~`/ ~~~ , 5~ Op ~~ REVISED: MAY. 27, 2008 ~ p~~a~rDg of2~ o ~~U Gt,[Iy~4~~ N ~i5 O pop a ~t~j O ty _ ~. ~ Q'Q~% ~~~~~ ~~ a ~ o~ ~ Q~O /~' -~j- _ N A G/ 'Zr' o ~ o° ~e O S7g•3g,0p„E i25 Qp. .-, n ~o~ e APN_ 326_ ~ c~ N 1~_p~ g 0.22 goes 4 ~ N7g• 39'pp~ 125.pp. g ~o~ - ~o ~o 0 -~ w i° mz f z ug Q a LEGEND LINE OF PROPOSED ANNEXATION FOR LOT 49 ~" p~q ~G~~D ~~ ELI Q 0 ~~1 W 3 ~o 280 """' --- LINE OF EXISTING ANNEXATION AS NOTED ,v ~ `~ CPR DENOTES COMMENCING FOR A POINT OF REFERENCE ~ ~ LNG AijE. AS DESCRIBED IN IXHIBIT "A" LEGAL DESCRIPTION ~ POB DENOTES P01NT OF BEGINNING AS DESCRIBED ~ ~ IN EXHIBIT "A" LEGAL DESCRIPTION., ~ H~lRTM~N DR j~SCLAIMER: "For assessment purposes only. This description of land is not a legal property description as defined in the Subdivisltsn Map Act anti may not be used as the basis for an offer for sale of the land described ' .LOCA.~ON 1~~ EXHIBIT "B-2" PLAT TO ACCOMPANY LEGAL DESCRIPTION AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTQNIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 49 OF "Tract No. 780 "Creston Unit 2", fiEed in Book 50 of Maps, Pages 32 8~ 33 Official Records of Santa Clara County on June 4, 1954 10613 BAXTER AY.ENUE, LOS ALTOS, CALIFORNIA s - $