The URL can be used to link to this page

Annex 98-13 - San Fernando CT (APN 357-12-069 and 357-12-015) Resos 99-088 and 99-123Please 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#. 14839777 6/02/1999 8:11 AM ic � aufr2ft��a coir. CORRECTED CERTIFICATE OF COMPLETION I, Autumn H. Arias, Executive Director of the Santa Clara County Local Agency Formation Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200 and 5720i. *docu.mjf-tao. i48ab4a3 This is a correction to the Certificate filed on May 24, 1999. The legal description for APN 357-12-015 had been added to this filing. 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: San Fernando Court 98-13 (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 May 3. 1999. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated: 2- t I1 g Attachments: City Resolution Legal Descriptions Map Autumn H. Arias, xecutive Director: Santa Clara County Local Agency Formation Commission Please 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 rNGUH��O COFV Doc#: 14826423 5/24/1999 9:49 AM CERTIFICATE OF COMPLETION I, Autumn H. 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: San Fernando Court 98-13 (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 May 3. 1999. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated aCA,. Autumn H. Arias, Executive Director: Santa Clara County Local Agency Formation Commission Attachments: City Resolution Legal Description Map C;tlp ert,1110 May 10, 1999 Lois Sklar Deputy Clerk of the Board/LAFCO Clerk Santa Clara County Local Agency Formation Commission County Administration Building 70 West Hedding St., 10`h Floor San Jose, CA 95110 REORGANIZATION - "SAN FERNANDO COURT 98-13" City Hall 10300 Tone Avenue Cupertino, CA 95014-3202 Telephone: (408) 777-3223 FAX: (408) 777-3366 6FF10E-OF7ffE-ClTYCEER — Resolution. 99-123 was adopted on May 3, 1999, for annexation of property to the City of Cupertino. I have enclosed the following: • Statement of Boundary Change (2 copies) • Certified copies of the resolutions (6 copies) • Warrants: • $225 for final filing fees • $300 for you to forward to the State Board of Equalization for annexation fees • Map of limiting addresses (2 copies) • Alphabetical list of streets within the affected area. • Surveyor's statement The Assessor's statement has been forwarded directly to you by Sue Stone in the Assessor's office. This territory will be taxed with others already in the City. Sin"i ly, L oberta Wolfe Deputy City Clerk Prinled on Recycled Paper RESOLUTION NO. "-123 (REVISED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "SAN FERNANDO COURT 98-13", APPROXIMATELY 0.450 ACRE LOCATED ON THE SOUTH SIDE OF SAN FERNANDO COURT BETWEEN SAN FERNANDO AVENUE AND WEST OF SAN FERNANDO AVENUE; PARIKH, SIMONINI AND GOODMAN (APNS 357-12-069 AND 357-12-015) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.450 acre on the south side of San Fernando Court (APNs 357-12-069 and 357-12-015) has been filed by property owners Jayesh Parikh, Rick Simonini, Jack Goodman, and Marilyn Goodman; and WHEREAS, on April 5, 1999, the City Council adopted Resolution No. 99-088 initiating proceedings for annexation of the area designated "San Fernando Court 98-13"; 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 ahriexation 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 "San Fernando Court 98-13", more particularly described in Exhibit "A"; Resolution No. 99-123 Page 2 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 0.450 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 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. 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 malting this determination. 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. lt. That the proposed annexation is consistent with the City's General Plan. 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. in. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 0) Resolution No. 99-123 Page 3 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. 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 3rd day of May, 1999, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ Wally Dean Mayor, City of Cupertino �1 EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ENTITLED SAN FERNANDO CT 98-13 DATE: OCTOBER 1998 PARCEL 1 All that real property situate in the County of Santa Clara, State of California described as follows: Beginning at the northwesterly corner of Lot 43 as shown on that certain Map entitled. "Tract No. 211 STEVENS CREEK SUBDIVISION MAP NO. 4", which map was filed for record in Book 7 of Maps at page 31, Santa Clara County Records, said point being on the southerly line of San Fernando Court as shown on said Map and being on the southerly line of that certain Annexation to the City of Cupertino entitled, "San Fernando Ct. 98-02", and being the northeasterly corner of that certain Annexation to the City of Cupertino entitled, "San Fernando Ct. 91-02"; thence along the westerly line of said Lot 43 S 23043'00" W 135.44 feet to the southeasterly corner of said Annexation "San Fernando Ct. 91-02", said point being on the northeasterly line of that certain Annexation to the City of Cupertino entitled, `Blackberry 91-0"; thence along the southerly line of said Lot 43 and said Armexation `Blackberry 91-0" S 45°33'00" E 20.00 feet; thence along the said Annexation "Blackberry 91-0" and the northerly line of that certain Annexation to the City of Cupertino entitled, "McClelland Rd. 87-04" East 68.08 feet to the southeasterly corner of said Lot 43; thence along the easterly line of said Lot 43 N 6047'00" E 124.42 feet to the southerly lines of said San Fernando Court and said Annexation "San Fernando Ct. 98-02", thence along last named line along a tangent curve to the right from a tangent which bears•N 78°31'00" W thru a central angle of 14°34'00" with a radius of 177.31 feet for an arc length of 45.08 feet to the POINT OF BEGINNNING. Said parcel of land containing 8,657 square feet or 0.199 acres, more or less. Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31 /2001 EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ENTITLED SAN FERNANDO CT. 98-13 DATE: OCTOBER, 1998 PARCEL2 All that certain real property situate in the County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 48 as shown on that certain Map entitled, "Tract No. 211 STEVENS CREEK SUBDIVISION MAP NO. 4", which map was filed for record in Book 7 of Maps at page 31, Santa Clara County Records, said point being on the southwesterly line of San Fernando Court and the southwesterly line of that certain annexation to the City of Cupertino entitled "San Fernando Ct. 98-02"; thence along the southeasterly line of said Lot 48 S 56°19'00" W 9121 feet to the southwesterly corner of said Lot 48; thence along the southwesterly line of said Lot 48 N 33°31'00" W 78.06 feet and N 36°42'00" W 47.56 feet to the northwesterly corner of said Lot 48; thence along the northwesterly line of Lots 48 and 49 of said Tract No. 211 N 42°55'00" E 42.64 feet; thence leaving said line S 69°04'24" E 129.69 feet to the northwesterly line of said San Fernando Court and said Annexation "San Fernando Ct. 98-02"; thence along said line of San Fernando Court and said Annexation "San Fernando Ct. 98-02 along a curve to the left from a tangent which bears S 20°55'36" W thru a central angle of 44'12'46" with a radius of 50.00 feet for an arc length of 38.58 feet to the POINT OF BEGINNING. Said parcel of land containing 10,932 square feet or 0.251 acres, more or less. Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/2001 N �r / sc o /c : /"-Bo' 9 a¢� PARCE \PN. 3 _ w 6?9 L 2 s� ,z Y t -�z �•� z a92Sar�eY� � o L07-48 -f A POR r/oN OF - ,407 -49 -,407-490�j` -Z' tn Q Q 41) �fi I •.r l ,, a y o I 1 kq Qom. •9i O o •.�. 0 \3; J`i j ` zt PARCE �Q e .CaQQ Q )/-0,00 sed A/1/7e.X6 0n Qoundary E•X i S ting Annex O�ia? 904117d4ry 'EXN/s/r B KIRKEBY ENGINEERING PROPOSED A/vNEXATIoN ro 2397 FOREST AVENUE T1iE CITY OF CuPERT1No r1%lnT SAN JOSE, CA 95128 (408) 984-0331 "SAN 1,cE'/QN,4Noo C7: 98- /3" SCALE: DATE: OCT. 1998 JOB NO. 98081 l srOWNa ca,6k ,& vo. GRANA oR �viE. e _ j Z 1 omfrq RYE. W N r�P a FERA1,A1V, 0 AVE. S/TF y 414 1-O CAT1c2A1 MRP NOT r0 SC,q LE Y t -�z �•� z a92Sar�eY� � o L07-48 -f A POR r/oN OF - ,407 -49 -,407-490�j` -Z' tn Q Q 41) �fi I •.r l ,, a y o I 1 kq Qom. •9i O o •.�. 0 \3; J`i j ` zt PARCE �Q e .CaQQ Q )/-0,00 sed A/1/7e.X6 0n Qoundary E•X i S ting Annex O�ia? 904117d4ry 'EXN/s/r B KIRKEBY ENGINEERING PROPOSED A/vNEXATIoN ro 2397 FOREST AVENUE T1iE CITY OF CuPERT1No r1%lnT SAN JOSE, CA 95128 (408) 984-0331 "SAN 1,cE'/QN,4Noo C7: 98- /3" SCALE: DATE: OCT. 1998 JOB NO. 98081 l RESOLUTION NO. 99-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "SAN FERNANDO COURT 98-13", APPROXIMATELY 0.450 ACRE LOCATED ON THE SOUTH SIDE OF SAN FERNANDO COURT BETWEEN SAN FERNANDO AVENUE AND WEST OF SAN FERNANDO AVENUE; PARIKH, SIMONINI AND GOODMAN (APNS 357-12-069 AND 357-12-015) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.450 acre on the south side of San Fernando Court (APNs 357-12-069 and 357-12-015) has been filed by property owners Jayesh Parikh, Rick Simonini, Jack Goodman, and Marilyn Goodman; and WHEREAS, on April 5, 1999, the City Council adopted Resolution No. 99-088 initiating proceedings for annexation of the area designated "San Fernando Court 98-13"; 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 "San Fernando Court 98-13", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: Resolution No. 99-123 Page 2 That said territory is uninhabited and comprises approximately 0.450 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. 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. 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. 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. 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. Resolution No. 99-123 Page 3 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. 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 3`d day of May, 1999, by the following vote: Vote Members of the Cit Council AYES: BURNETT, CHANG, JAMES, STATTON, DEAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: APPROVED: /S/KIMBERLY SMITH /S/WALLY DEAN City Clerk Mayor, City of Cupertino THIS IS TO CFRTi,--': ::; THE WITHIN INSTRUMENT IS A TRUE AND CORRECTOM OF THE ORIGINAL ON FILE IN THIS OFFIM ATTEST (DATE) CITY CLERK OF THE CITY OF CUPERTM BY 3 EXF111311"A" ANNEXATION TO "1'HE CITY OF CUI'll;lt'1'INO ENTITLED SAN FERNANDO CT. 98-13 DATE: OCTOBER, 1998 PARCEL 2 All that certain real property situate in the County of Santa Clara, Slate of'California described as follows: Beginning at the southeasterly corner of Lot 48 as shown on that certain Map entitled, "Tract No. 211 STEVENS CREEK SUBDIVISION MAP NO. 4", which map was filed for record in Book 7 of Maps at page 31, Santa Clara County Rccords, said point being on the southwesterly line of San Fernando Court and the southwesterly line of that certain annexation to the City of Cupertino entitled "San Fernando Ct. 98-02"; thence alone the southeasterly line of said Lot 48 S 56° 19'00" W 91.21 feet to the southwesterly corner of' said Lot 48; thence along the southwesterly line of said Lot 48 N 33°31'00" W 78.06 feet and N 36°42'00" W 47.56 feet to the northwesterly corner of said Lot 48; thence along the northwesterly line of Lots 48 and 49 of said Tract No. 2-11 N 42055'00" L 42.6 .4 feet; thence leaving said line S 69°04'24" E 129.69 feet to the northwesterly line of said San Fernando Court and said Annexation "San Fernando Ct. 98-02"; thence along said line of" San Fernando Court and said Annexation "San Fernando Ct. 98-02 along a curve to the left from a tangent which bears S 20°55'36" W thru a central angle of 44° 12'46" with a radius of 50.00 feet for an arc length of 38.58 feet to the POINT OF BEGINNING. Said parcel of land containing 10,932 square feet or 0.251 acres, more or less. Prepared by:� Marvin D. Kirkeby S R.C.C. No.] 4001 Expires 3/31/2001 �? Q 1 00 i M Exp. 3/31/01 ^� CJ\'t\� �� r r 1-0 CAT N R 1107rn 5 LEM P i /6 0 .50 �i2'4/ n ¢, 44 � �D PARCEL, 2 A. P. N. 7- 35f�96 zor q8 F A,z-�Z POR rl0/V QF- �z c LOTg9 2po' �• �� .;N'`� ; •� ► meq- (Ztv�o 0 TA p 3?To Q. 0 '.• V �. 8. _ ). o r� 8 roe o r i of aha N .14001 of An()i2YOfion n� Exp. 31/01 oFiVI\-1,0F Q�`P 101'0,00 sed An17dX0 On Do�nda� o ;Existing A170=0u0h 9011170',Qly EXHIBIT B KIRKEBY ENGINEERING PROPOSED ANNEXA7-10Al rD - SCALE: /"-.80. 2397 FOREST AVENUE THE C/TY pf" cUpEgr,N0 E/�iiirlE DATE: OCr. /996 SAN JOSE, CA 95128 (408) ( a_niii '/s,CAI CrnA)A•ln. STEVEN -1 CREEK 9c VD. OR"A D,q AYE. � J NERiyn 3,q Q � � LOM(TA RYE. Q W A��L90EN � ,q yE. fERN�yN�b AVE. e r 1-0 CAT N R 1107rn 5 LEM P i /6 0 .50 �i2'4/ n ¢, 44 � �D PARCEL, 2 A. P. N. 7- 35f�96 zor q8 F A,z-�Z POR rl0/V QF- �z c LOTg9 2po' �• �� .;N'`� ; •� ► meq- (Ztv�o 0 TA p 3?To Q. 0 '.• V �. 8. _ ). o r� 8 roe o r i of aha N .14001 of An()i2YOfion n� Exp. 31/01 oFiVI\-1,0F Q�`P 101'0,00 sed An17dX0 On Do�nda� o ;Existing A170=0u0h 9011170',Qly EXHIBIT B KIRKEBY ENGINEERING PROPOSED ANNEXA7-10Al rD - SCALE: /"-.80. 2397 FOREST AVENUE THE C/TY pf" cUpEgr,N0 E/�iiirlE DATE: OCr. /996 SAN JOSE, CA 95128 (408) ( a_niii '/s,CAI CrnA)A•ln. RESOLUTION NO. 99-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "SAN FERNANDO COURT 98-13", PROPERTY LOCATED ON THE SOUTH SIDE OF SAN FERNANDO COURT BETWEEN SAN FERNANDO AVENUE AND WEST OF SAN FERNANDO AVENUE; APPROXIMATELY 0.450 ACRE, PARIKH, SIMONINI, AND GOODMAN (APNs 357-12-069 and 357-12-015) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "San Fernando Court 98-13" from property owners, Jayesh P. Parikh, Rick Simonini, Jack Goodman, and Marilyn Goodman; and WHEREAS, the property, 0.450+ acre on the south side of San Fernando Court between San Fernando Avenue and west of San Fernando Avenue (APNs 357-12-069 and 357-12-015) 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 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; Resolution No. 99-088 Page 2 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 "San Fernando Court 98-13" and detachment from the Santa Clara County Lighting Service District at their regular meeting of May 3, 1999. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5`h day of April, 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 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: SAN FERNANDO CT. 98-13 Situs Address: 22032 & 22092 San Fernando Court and consists of: X annexation to CITY OF CUPERTINO detachment from (name City/District) of 0.450 acres on the south (n/s/e/w) side of San Fernando Ct. (Street/Avenue) between San Fernando Ave. (Street/Avenue) and west of San Fernando Ave. (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: X inhabited. ("inhabited" = 12 or more registered voters) uninhabited. 5. This proposal X is consistent with the Sphere of Influence is not of the affected city and district(s). 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 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: Signatures of Petitioners (Please print name below) te: IQ- 2F7,99 Date: CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip CuPc-6+1xno. rO • 95o 14 Phone: Phone: ( ) - Assessor's Election Parcel No.* or Precinct No.** * For proposals involving uninhabited territory or for landowner -initiated proposals. * * For proposals involving inhabited territory or for resident -voter initiated proposals. 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: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please rint Street Address Assessor's Election me below) ti City/State/Zip Parcel No.* or Precinct No. �-� 22016 San F rn adc Ct_ 357-12-015 Rick Simonini Cupertino, Ca. 95014 Date: 12/18/98 Phone: (40p 25�-441 2 J_�VZL�_;Z�10374 San Fernando Ave. 357-12-015 Jack Goodman Cupertino, ca. 95014 Date: 12/18/98 Phone: (40)3 2530295 374 n F rn n o Ave. 357-1.2-015 Marilyn Goodman Cupertino, ca. 95014 Date: 12/18/98 Phone: (40P 253-0295 * For proposals involving uninhabited territory or for landowner -initiated proposals. * * For proposals involving inhabited territory or for resident -voter initiated proposals. City of Cupertino (408) 777-3354 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 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: Annexation to SAN FERNANDO CT. 98-13 CITY OF CUPERTINO (City or Spec. 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- CHARACTERISTICS OF THE AREA 1. Number of acres .450 2. Number of inhabitants 3 3. Number of registered voters 2 4. Number of dwelling units 2 5. a. What is the present use of the area (be brief, but specific): Single Family Dwelling (1 dwelling on each parcel). 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? N/A 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): R1-7.5 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 annexations, describe the development being proposed for the territory, if any, and when this development is expected to begin. New single family dwelling as soon as possible. 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 Santa Clara County Lighting Service Cupertino Sanitary District Mid -Peninsula Open Space District 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 Jayesh Parikh 22092 San Fernando Ct. (408) 357-12-062 $265,875 Cupertino, CA 95014 257-8514 Rick Simonini 22016 San Fernando Ct. (408) 357-12-015 $15,325 Cupertino, CA 9501 257-4412 Jack Goodman 10374 San Fernando Ave. (408) 357-12-015 Marilyn Goodman Cupertino, CA 95014 253-0295 *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. BERT VISKOVICH 10300 TORRE AVENUE ;PriV name of person c mpleting this CUPERTINO, CA 95014 a Lica i c � � (Signa e Date) NOTE: It is a gen2ral 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 (number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section 563,9, the City will make determinations on this proposal without notice or hearing. 'X�'Date: z a� ity Clerk (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 RECORDING REQUESTED BY ORDER # OO,d fZepublic Title Company 459'797-MAM APN \57-12-010 WHEN RECORDED MAIL TO Name Jayesh P. Parikh Street 22092 San Fernando Court Address Cupertino, CA 95014 city State Zip 1— DOCUMENT: 14101353 IIII IIINI'�IIII�IIVIIIVIIIIIIIIIIIIIVIII BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republic Title Company Titles:] / Pages: 2 Fees . 20.00 Taxes.. 551.10 Copies.. AMT PAID 571.10 SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed Monument Preservation Fee is $10.00 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 551.10 ........................................ ( X) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X ) City of Ci rtino..................................................................................................... ( ) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Yao-Hsin Lai, a single man and Ruey-Shing Lai, a single man RDE # 102 3/19/1998 8:00 AM 0 hereby GRANT(S) to Jayesh P. Parikh, a married man N that property in the City of Cupertino, Santa Clara County, State of California, described as: �Rj * See "Exhibit All attached hereto and made a part hereof. Mail Tax Statements to Grantee at address above Date March 5, 1998 STATE OF CALIFORNIA COUNTY OF Santa Clara On March 5, 1998 before me, the undersigned, a Notary Public in and for said State, personally appeared Shui—Lain Lo personally known to me (or 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 person(s) acted, executed the instrument. WITNESS my h and offi ' 1 seal. Signature Name Sandra L. Rose FrGIS-140 8/94 (typed or printed) TRueS ng Lai iVZ z r SANDRA L ROSE O=;°..;:_IS,.;;. COMiA. #1078250 L {P =1 NOTARY PUBLIC -CALIFORNIA (� SANTA. CLARA. COUNTY O t My Comm Expires Dec. 15,1999 6 MAIL TAX STATEMENTS AS DIRECTED ABOVE (This area for official notarial seal) a Sc OLD REPUBLIC TITLE COMPANY ORDER NO. 459797-MAM UPDATE The land referred tc is situated in the County of Santa Clara , in the unincorporated area State of California, and is described as follows: PARCEL ONE: LOT 48, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO. 211 STEVENS CREEK SUBDIVISION MAP NO. 4", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 16, 1942 IN BOOK 7 OF MAPS, AT PAGE(S) 31. PARCEL TWO: A PORTION OF LOT 49, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO. 211 STEVENS CREEK SUBDIVISION. MAP NO. 4", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 16, 1942 IN BOOK 7 OF MAPS, AT PAGE(S) 31, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 49, AS SHOWN UPON THE MAP ABOVE REFERRED TO; THENCE NORTH 42° 55' E., ALONG THE NORTHWESTERLY LINE OF SAID LOT 49, A DISTANCE OF 22.635 FEET; THENCE IN A DIRECT LINE SOUTHEASTERLY TO A POINT ON THE NORTHWESTERLY LINE OF SAN FERNANDO COURT AS SAID SAN FERNANDO COURT IS SHOWN UPON THE MAP HEREINABOVE REFERRED TO, DISTANT THEREON ALONG SAID NORTHWESTERLY LINE NORTHEASTERLY 2.92 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 49; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAN FERNANDO COURT, A DISTANCE OF 2.92 FEET TO SAID SOUTHERLY CORNER OF SAID LOT 49; THENCE NORTH 76° 33' W., ALONG THE SOUTHWESTERLY LINE OF SAID LOT 49, A DISTANCE OF 139.24 FEET TO THE POINT OF BEGINNING. 357-12-062 63079 cm/so/kh A357-12-10 12/16/94 (Photographic image may be poor due to condition of original document. Page 3 of 5 Pages RECORDING REQUESTED BY .. ORDER # Old Republic Title Company 459797-MAM APN 357-12-010 WHEN RECORDED MAIL TO Name Jayesh P. Parikh 22092 San Fernando Court Street Address Cupertino, CA 95014 city State Zip I_ J DOCUMENT: 14101354 1 10 54 -I�N�'�M� BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republic Title Company Titles:1 / Pages: 2 Fees.. 20.00 Taxes.. Copies. AMT pA1D 0 SPACE ABOVE THIS UNE FOR RECORDER'S USE Grant Deed Monument Preservation Fee is $10.00 The undersigned grantor(s) declare(s): Documentary transfer tax is $....-0.- .............Interspousal transfer deed ( X) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X ) City of......._C1.ipertino..................................................................................................... ( ) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alka Parikh, wife of grantee herein RDE # 102 3/19/1998 8:00 AM hereby GRANT(S) to Jayesh P. Parikh, husband of the grantor herein as his sole and separate property that property in the City of Cupertino, Santa Clara County, State of California, described as: * * * See [[Exhibit All attached hereto and made a part hereof. Mail Tax Statements to Grantee at address above Date March 5, 1998 STATE OF CALIFORNIA COUNTY OF Santa Clara On March h, 1998 before me, the undersigned, a Notary Public in and for said State, personally appeared Alka Parikh personally known to me (or 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 person(s acted, executed the instrument. WITNESS my ha d official se . Signature Name Sandra L. Rose F FGIS•140 8/94 (typed or printed) )9&:- =Alka Parikh - MAIL TAX STATEMENTS AS DIRECTED ABOVE (This area for official notarial seal) T O "y- ��' SANDRA L. ROSE C/) =' 1 }'-•° COMM. #1078256 NOTARY PUBLIC -CALIFORNIA SANTA. CLARA COUNTY My Comm Expires Dec. 15,1999 1 `P,A 7a_J 116uLc A.Ar1i.d 4�i.d)! MAIL TAX STATEMENTS AS DIRECTED ABOVE (This area for official notarial seal) Photographic Tillage may be poor due to condition of odginai document. OLD REPUBLIC TITLE COMPANY ORDER NO. 459797-MAM UPDATE The land referred t is situated in the County of Santa Clara , in the unincorporated area, State of California, and is described as follows: PARCEL ONE: LOT 48, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO. 211 STEVENS CREEK SUBDIVISION MAP NO. 411, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLAR.A, STATE OF CALIFORNIA ON APRIL 16, 1942 IN BOOK 7 OF MAPS, AT PAGE(S) 31. PARCEL TWO: A PORTION OF LOT 49, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO. 211 STEVENS CREEK SUBDIVISION MAP NO. 4", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 16, 1942 IN BOOK 7 OF MAPS, AT PAGE(S) 31, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 49, AS SHOWN UPON THE MAP ABOVE REFERRED TO; THENCE NORTH 420 55' E., ALONG THE NORTHWESTERLY LINE OF SAID LOT 49, A DISTANCE OF 22.635 FEET; THENCE IN A DIRECT LINE SOUTHEASTERLY TO A POINT ON THE NORTHWESTERLY LINE OF SAN FERNANDO COURT AS SAID SAN.FERNANDO COURT IS SHOWN UPON THE MAP HEREINABOVE REFERRED TO, DISTANT THEREON ALONG SAID NORTHWESTERLY LINE NORTHEASTERLY 2.92 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 49; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAN FERNANDO COURT, A DISTANCE OF 2.92 FEET TO SAID SOUTHERLY CORNER OF SAID LOT 49; THENCE NORTH 76° 33' W., ALONG THE SOUTHWESTERLY LINE OF SAID LOT 49, A DISTANCE OF 139.24 FEET TO THE POINT OF BEGINNING. 357-12-062 63079 cm/so/kh A357-12-10 12/16/94 It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, com unity or otherwise, in and to the herein described property, to the grantee as his/her sole and separate property. RECORDING REOUEGIED BY L10 ORDER # Old Republic Title Company 471424 -LT APN 357-12-015 WHEN RECORDED MAIL TO r— Name � RICK SDAON& JACK GOOU4AT et al Street Address 22016 San Fernando Ct . city Cupertino, CA 95014 State Zip L- J Ci IC/ �lrr`��;I',I'., ii�13 L�u?��.�'•i �..,,='�\ SPACE ABOVE THIS UNE FOR RECORDER'S USE Grant Deed The undersigned grantor(s) declare(s): Documentary transfer tax is S 423.50 ........................................ ( X) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( X) Unincorporated area: ( ) City of )Realty not sold. .................................................................................................................................................... ( FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARCS LA L. BEDNARCYK, an unmarried woman hereby GRANT(S) to RICK SIMONINI, a married man, as his separate property, as to an undivided 50.Oo interest; and and JACK GOODMAN and MARILYN GOODMAN, husband and wife, as Joint Tenants, as to an undivided 50.0% interest, that property in SANTA CL,ARA County, State of California, described as: Property is described on Exhibit A attached hereto and made a part hereof. Mail Tax Statements to Grantee at address above Date December 7, 1998 STATE OF CALIFORNIA COUNTY OF Santa Clara �. -- � MARCEIT A L. BEDNARCYK��• �. 13y On December 9, 1998 before me, the / undersigned, a Notary Public in and for said State, personally appeared Marsha L. Bednar k who --- 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 person(s) acted, executed the instrument. WITNESS m,/hand andAfficial seal. Name Lf4fda' Thurston, Notary Public (typed or printed) FrGIS•140 8/94 LINDA THURSTON ' COMM. #1 104359 NOTARY PUBLIC CALIFORNIA F SANTA CLARA COUNTY EXPIRES AUGUST 30, 2000 MAIL TAX STATEMENTS AS DIRECTED ABOVE (This area for official notarial seal) EXhibit A Legal description of the property ALL OF LOT 43, as delineated upon that certain Map entitled, STEVENS CREEK SUBDIVISION MAP NO.411, filed for record in the Recorder of the County of Santa Clara, State of California, in Book 7 of Maps, at Page 31. Omer No. 471424 -LT "TRACT NO. 211 Office of the on April 6th, 1942