Annex 98-10 - 10485 Byrne Ave Resos 99-019 and 99-048Please record without fee
(Govt. Code Sec. 6103)
COUNTY OF SANTA CLARA
CALIFORNIA
LOCAL AGENCY FORMATION
COMMISSION
County Government Center, East Wing
70 West Hedding Street, 10th Floor
San Jose, California 95110
(408)299-4321
Doc#: 14698061
3/10/1999 9:39 AM
�Ss"w�Pq CF'�Q
CERTIFICATE OF COMPLETION
I, Autumn 14. Arias, Executive Director 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 the Resolution for a reorganization attached hereto and have
found this document to be in compliance with Government Code Section 56826 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 a REORGANIZATION which includes annexation to the
City of Cupertino and detachment from the Santa Clara County Lighting Service District. A map
and description of the boundaries of the change of organization is appended hereto.
The title of this proceeding is: Bryne Avenue 98-10 (uninhabited).
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 February 16, 1999.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated: I q l l
Attachments: City Resolution
Legal Description
Map
Autumn H. Arias, Executive Director:
Santa Clara County Local Agency
Formation Commission
i
RESOLUTION NO. 99-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 98-10", APPROXIMATELY 0. 149
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN
MCCLELLAN ROAD AND DOLORES AVENUE; PEREZ (APN 357-12-040)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.149 acre on the south side of
Lomita Avenue (APN 357-12-040) has been filed by property owner Richard and Grace
Perez; and
WHEREAS, on January 19, 1999, the City Council adopted Resolution No. 98-
019 initiating proceedings for annexation of the area designated 'Byrne Avenue 98-10";
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:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated 'Byrne Avenue 98-10", 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. 149
acre.
Resolution No. 99-048 Page 2
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 May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
£ 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.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
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.
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 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.
2
Resolution No. 99-048
Page 3
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 16`h day of February, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
3
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
BYRNE AVE. 98-10
OCTOBER 1998
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
A portion of Southwest one-quarter of Section 14, Township 7 South, Range 2 West, M.D.B.&
M., more particularly described as follows:
Commencing at a point in the center' line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that 'S distant thereon .SCuf.h 250 feet from the intersection of said center line with
the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision Map No. 1
according to the Map thereof of record in Book 4 of Maps, page 4�, Santa Clara County
Records;
Thence West and parallel with the South line of said Tract No. 139, 20 feet to the Westerly
boundary line of existing annexation 85-01, and the South -East corner of the property herein
described, and the Point of Beginning of this description.
Thence continuing West and parallel with the South line of said Tract No. 139, 130 feet to the
Easterly boundary line of existing annexation 87-04;
Thence North, along the Easterly boundry line of existing annexation 87-04, and parallel with
the center line of Byrne Avenue, 50 feet;
Thence East, 130 feet to the Westerly boundary line of existing annexation 85-01, and the
Westerly line of 40 foot wide Byrne Avenue;
Thence South, along the Westerly boundry line of existing annexation 85-01 and parallel with
the center line of Byrne Avenue, 50 feet to the Point of Beginning of this description.
Containing 6,500 square feet (0.1492 acres).
A.P.N.: 357-12-040
Sip LAND SU9
* No. 4953
J, Expires 12-31-01
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EXHIBIT B
PROPOSED ANNEXATION TO zA V
THE CITY OF CUPERTINO
ENTITLED "BYRNE AVE. 98;10"
DATE: 10-09-98 SCALE. I"=80' OCOREs
BY: HARRY BABICKA, L.S. 4953 0�
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RESOLUTION NO. 99-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AREA DESIGNATED `BYRNE AVENUE
98-10", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
AVENUE BETWEEN MCCLELLAN ROAD AND DOLORES
AVENUE; APPROXIMATELY 0. 149 ACRE, PEREZ
(APN 357-12-040)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Byrne Avenue. 98-10" from
property owners, Richard and Grace Perez; and
WHEREAS, the property, 0.149+ acre on the south side of Byrne Avenue
between McClellan Road and Dolores Avenue (APN 357-12-040) is contiguous to the
City of Cupertino and is 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 May 16, 1983, to
City of Cupertino R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") 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
Resolution No. 99-019
Page 2
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;
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 'Byrne Avenue 98-10" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of February 16, 1999.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19`h day of January, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
99-019
APPROVED:
U)d&�%L—
Mayor, City of&1upertino
2
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3249
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT 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 reorganizations, 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 Government
Reorganization Act of 1985).
2. The proposed change of organization is designated as:
BYRNE AVE. 98-10
Situs Address: 10485 Byrne Avenue
and consists o£
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.149 acres on the west (n/s/e/w)
side of Byrne Avenue (Street/Avenue)
between McClellan Road (Street/Avenue)
and Dolores Avenue (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 the said territory(ies), marked Exhibit B,
are attached to this petition and by this reference incorporated herein.
4. 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 reason(s) for the proposed reorganization (annexation, detachment,
reorganization, etc.) is/are: Annex parcel.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3354
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: BYRNE AVE. 98-10
Annexation
to CITY OF CUPERTINO
(City or Spec. District)
Detachment from SANTA CLARA COUNTY LIGHTING
ASSESSMENT DISTRICT
ENVIRONMENTAL STATUS OF PROPOSAL
XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project,
(Name of City/District)
has already prezoned the territory on May 16, 1983
( prezoned? other approval action?) (date)
and in compliance with CEQA, has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec. (cite class exemption section.)
XX 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. Adm. Code
Sec. because
Suppl. Appl. -1-
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: N/A
8. The person(s) signing this petition has/have signed as (check one):
X owners) 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:
Signatures
of Petitioners
(Please print
name below)
J` ► C �� �� S �e r�z
rV 0 tk�
C PAc,,Z.
Date: -i' 1 L, I
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
Assessor's Election
Parcel No.* or Precinct No.**
O' -C �'� V f r� e �"� 357 ) Z -- 0 Ll o
Phone:
dam`{ S Qyrtie A ---e 35-7-- iz -o yo
Phone: (q -,o - ;�-7q-7
* For proposals involving uninhabited territory or for landowner -initiated proposals.
* * For proposals involving inhabited territory or for resident -voter initiated proposals.
CHARACTERISTICS OF THE AREA
1. Number of acres 0.149
2. Number of inhabitants 4
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):
Residential use.
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?
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):
RI -7.5
b. Does the applicant intend to propose a change in this zoning if and when the territory is
annexed to the City? YES NO X
If yes, indicate the new zoning which will be sought?
7. For City or district amiexations, describe the development being proposed for the territory, if
any, and when this development is expected to begin.
Second story addition, beizins in 2-3 months.
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. 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: YES X 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 X
If YES, what arrangements will be made to provide sewage disposal?
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 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.
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
Fremont Union High School District
Foothill Community College District
Cupertino Sanitary District
Mid -Peninsula Open Space District
County Lighting Service Assessment
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 (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.
Date (Print name below City/State/Zip Tel. No. Parcel No. Value of Land
See
Petition
Richard J. Perez 10485 Byrne Avenue (408)252-2797 357-12-040 $252,673
Grace Perez Cupertino, CA 95014
*See next page
Suppl. Appl. -4-
"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):
Name
(1)
(2)
(3)
Street Address
City/State/Zip
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.
10300 TORRE AVENUE
CUPERTINO, CA 95014
(Date
NOTE: It is a general LAFCO 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 met.
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 :lam (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��C�.��
(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.
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.)
Suppl. Appl. -6
116
O
1
RECORDING REQUESTED BY:
COMM ., WEALTH LAND TITLE COMPANY
EsCroW No.: 67710795
WHEN RECORDED MAIL TO:
RICHARD JOSEPH PEREZ and
GRACE PEREZ
10485 BYRNE AVENUE
CUPERTINO, CA 95014 ^
DOCUMENT: 13905669 Titles:] / Pages 2
Fees.... 10.00
Taxes...
Cop
�""1vye�GGy� AMT I PA I D 10.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Commonwealth Land Title
RDE # 005
10/23/1997
8:00 AM
MAIL TAX STATEMENTS TO: The undersigned Grantor(s) declare(s) that the DOCUMENTARY
RICHARD JOSEPH PEREZ and County Transfer Tax is: $ City Tax is: $
GRACE PEREZ computed on full value of property conveyed; OR
10485 BYRNE AVENUE computed on full value less value of liens and encumbrances
CUPERTINO, CA 95014 remaining at time of sale.
Unincorporated area: X CITY of CUPERTINO, and
GRANT DEED A.P.N. 357-12-040
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
RICHARD JOSEPH PEREZ, who acquired title as a single man
hereby GRANT(S) to
RICHARD JOSEPH PEREZ and GRACE PEREZ, husband and wife , as j oint tenants
all the real property situated in the CITY of CUPERTINO, County of Santa Clara, State of California, described as:
Legal attached hereto and made a part hereof
Dated: October 17, 1997
STATE OF CALIFORNIA
COUNTY OF Santa Clara
t ss 2'�
f RIC ARD JOSEPH OERPZ
On October 17, 1997 before me,
the undersigned, a Notary Public in and for said County and
State, personally appeared Richara Joseph Perez
�bI�irilXtXX�r proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the perETn(s) Pled, executed the instrument.
WITNESS y�}a>41d adfff i�sseal.
Signature 4f Notary ublic
OFFICIAL SEAL
.- P. MANNIA fn
NOTARY PUBLIC -CALIFORNIA
COMMISSION # 1147792 C
SANTA CLARA COUNTY
My Commission Exp. July 21, 2001
(This area for official notarial seal)
Form 3195-1 (Rev. 1-94) MAIL STATEMENTS AS DIRECTED ABOVE
j "A"
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 200 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map No. 1, according the the Map thereof of record in Book 4 of Maps, page 45, Santa
Clara County Records, thence along the center line of Byrne Avenue, South 50 feet; thence
West and parallel with the South line of said Tract No. 139 and the East prolongation of
said line 150 feet; thence North and parallel with the center line of Byrne Avenue 50 feet;
thence East 150 feet to the point of beginning, being a part of Southwest one-quarter of
Section 14, Township 7 South Range 2 West M.D.B. & M.