CC Resolution No. 08-101 Baxter Ave 08-01 annexationRESOLUTION N0.08-101
A RESOLUTION OF THE CITY COU1!JCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND ~-PPROVING THE ANNEXATION OF
TERRITORY DESIGNATED "BAXTTER 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 propert}~ 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 a~•ea designated "Baxter Avenue 08-01 "; and
WHEREAS, said territory is uninha~-ited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 56757 of the (:alifornia Government Code states that the
Local Agency Formation Commission sh;~ll not have any authority to review an
annexation to any City in Santa Clara Country of unincorporated territory which is within
the urban service area of the city of the ~umexation 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 propert}~ designated "Baxter Avenue 08-01 ", more
particularly described in Exhibits "A 1 ", "A2", "B 1 ", and "B2";
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 uninh~~bited 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 ~~upertino 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 incun-ed 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 annexati~~n 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 complif;d 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 56837
et seq. of the Government Code.
2
Resolution No. 08-101 Page 3
4. That the Clerk of the City Council c-f the City of Cupertino is directed to give
notice of said annexation as prescribed bylaw.
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, 'fang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
i~~~
ivlayor, City of Cupertino
3
EXHIBIT "A 1"
LEGAL DESCRIPTION
BAXTER AVENUE OS-01 ANNEXATION
TO
THE CITY OF CUPERTII~FO, CALIFORNIA
(Continued)
4. thence aiang 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:
"Far 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
"EXHIBTT "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
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~VRVEYOP
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EXHIBIT "A-2"
LEGAL DESCRIPTION
BAXTER AVENUE OS-Ol A-~~FNEXATiON
To
THE CITY OF CUPERTIlVO, 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 .tune 4, 1954; said Lot 491ying 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 Lo# 46 as shown on
that certain Map entitled, "Tract No. 780'Creston' Unit No. 2" filed for record. in the
Official Records of Santa Glary 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
PUINT 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 44, 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, 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, N79°39'00"W, 125.00 feet to. the
southwesterly corner of said Lot 49 being on the easterly boundary line of said
Foothill Boulevard Am~exation 82-03:
EXffiBTT KA-2"
LEGAL DESCRIPTION
BARTER AVENUE 08-01 A-IdNEXATION
TO
THE CITY OF CUPERTINO, CALIFORNIA
(Contieued)
4, thence along said easterly boundary line of said Foothill Boulevard Annexation
82-03 and the westerly boundary line of said Lot 49, N l fl°22'00"E, 75.00 feet to
the northwesterly comer 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 EN`ITTLED
`~EEXHIBTT "B-2", "BAXTER AVENUE 0$-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:
c,~ E~ S • M,,q ~,
~ it,~ia..2.QS. ~1 ~ OPr .Y~
Michael S. Mahoney, P.L.S. ~ ~ ~ °2~~
Revised: May 27, 2flfl8 a ~, err
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~URVEY~t~
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EXHIBIT "B-1"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
BAXTER AVENUE OS-01 ANNEXATION TO THE CITY OF CUPERTlNO, 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, CALtFORIVlA
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-'- - -LINE OF EXISTING ANNEXATION AS NOTED
CPR DENOTES COMMENCING FOR A POINT OF REFERENCE
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POB DENOTES POINT OF BEGINNING AS DESCRIBED
!N EXHIBIT "A" LEGAL DESCRIPTION
b13C1_ AIII/pR•
"For assessment purposes only, This description of land is not a iegal 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 descxibed."
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PLAT TO ACCOMPANYBLEGA LDESCRiPTlON
AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTlNO, CALIFORNIA
PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, GALIFORNIA
LOT 49 OF "Tract No. 780 "Creston Unit 2", filed 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, CALIFORNL4