Annex 00-01 - N. Stelling Rd Resos 00-109 and 00-144Please 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#: 15290852 00
6/26/2000 10:03 AM
I`f%A-FrORMFD COPY: This document has
GOT,;�r11,0d vrrh the crigilnal.
CLAPIA COUNTY RECORDER
ENDORSED COPY
CERTIFICATE OF COMPLETION
I, Neelima Palacherla, 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 Resolution No. 00-144 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 cep rain 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: N. Stelling Road 00-01 (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 15, 2000.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated: a
Neelima Valacherla, Executive Director
Santa Clara County Local Agency
Formation Commission
Attachments: City Resolution
Legal Description
Map
RESOLUTION NO. 00-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "N. STELLING ROAD 00-01 ", APPROXIMATELY 0.22
ACRE LOCATED ON THE EAST SIDE OF N. STELLING ROAD BETWEEN
GARDEN GATE DRIVE AND GREENLEAF DRIVE; GB ESTATE HOMES LLC
(APN 326-30-089)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.22+ acre on the east side of
N. Stelling Road (APN 326-30-089) has been filed by property owner GB Estate Homes
LLC; and
WHEREAS, on April 17, 2000, the City Council adopted Resolution No. 00-109
initiating proceedings for annexation of the area designated "N. Stelling Road 00-01";
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 "N. Stelling Road 00-01", 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 0.22
acre.
Resolution No. 00-144 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.
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 April 3, 2000, enacted an ordinance prezoning
the subject territory to City of Cupertino 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 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.
Resolution No. 00-144
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 15`h day of May, 2000, by the following vote:
Vote Members of the Cit Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ John Statton
Mayor, City of Cupertino
3
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
N. STELLING ROAD # 00-01
FEBRUARY 2000
All that certain property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the Northwesterly corner of Lot 103, as shown on the subdivision map of Tract
783, recorded in the office of the Recorder of the County of Santa Clara, State of California on
September 6, 1950 in Book 30 of Maps, at Pages 30, 31, 32 and 33, said point being on the
corporate limit line of City of Cupertino as established in October 1955; thence along the lot
line of Lot 103
North 90 Degrees 00 Minutes 00 Seconds East a distance of 125.00 feet; thence South 00
Degrees 00 Minutes 00 Seconds East a distance of 75.00 feet; thence North 90 Degrees 00
Minutes 00 Seconds West a distance of 125.00 feet to said city limit line; thence along said line
North 00 Degrees 00 Minutes 00 Seconds East a distance of 75.00 feet to the point of
beginning.
Containing 0.215 acres more or less.
APN 326-30-89
revised 3/17/00
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2
* No. 4953
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NOR TH 5 TELLING ROAD
ORIGINAL INCORPGRA TION
CITY OF CUPER TING
OCTOBER 1955
LEGEND
PROPERTY TO BE ANNEXED — —
TO CITY OF CUPERTINO
EXISTING PARCEL LINE
LAND -
2
No. 4953
t J� Expires 12-31-(
EXHIBI T B
PROPOSED ANNEXA T ION
TO CITY OF CUPERTINO
ENTITLED N. STELL ING
RoADD -*oo - O/-
: 2/24/2000 SCALE: I "= 401'
bl; NARRY BABI CKA
r f STFAL L ENGINEERS, INC.
SARA TOGA, CALIFORNIA
RESOLUTION NO. 00-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "NORTH STELLING ROAD 00-01 ", PROPERTY LOCATED ON THE
EAST SIDE OF NORTH STELLING ROAD BETWEEN GARDEN GATE DRIVE
AND GREENLEAF DRIVE; APPROXIMATELY 0.22 ACRE, GB ESTATE HOMES
LLC (APN 326-30-089)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "North Stelling Road 00-01" from property owner, GB
Estate Homes, LLC; and
WHEREAS, the property, 0.22+ acre on the north side of Greenleaf Drive
between Beardon Drive and Stelling Road (APN 326-30-089) 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 April 3, 2000, to
City of Cupertino Pre R1-10 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;
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 "North Stelling Road 00-01" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of May 15, 2000.
Resolution No. 00-109
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17`" day of April, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Statton
NOES: None
ABSENT: James, Lowenthal
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ John Statton
Mayor, City of Cupertino
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:
N. STELLING RD. 00-01
Situs Address: 10322 N. Stelling Road
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of .22 acres on the east side of
N. Stelling Rd. (Street/Avenue)
between Garden Gate Dr. (Street/Avenue)
and Greenleaf Dr. (Street/Avenue)
and (if applicable) annexation
detaclunent
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 territoiy(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).
Cupertino: Annexation Petition, page 2
6. The reason(s) for the proposed annexation (annexation, detachment,
reorganization, etc.)5/are IQE-auleeo By ('/Ty &Aa- FuruO_C d�Ev�LC� t si
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions:
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:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Street Address
name below) City/State/Zip
L�d4sre�rE lA�VCS LLQ
B� = Grr2 Aw u+, V 1z-5 —9 AwDoeb%
InIvriticK 0
5mi VSE (A --15117
(Sign here)
Date: Phone: 6W)2�8 - 36A,
(Sign here)
Date:
Phone: ( ) _-
Assessor's
Parcel No.* or
Election
Precinct No.**
* For proposals involving uninhabited territory or for landowner -initiated proposals.
* * For proposals involving inhabited territory or for resident -voter initiated proposals
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: N. STELLING RD. 00-01
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 April 3, 2000
( 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 .22
2. Number of inhabitants 0
3. Number of registered voters 0
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Single Family Dwelling
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):
Pre R1-10.
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.
Construct single family dwelling.
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 amlexation/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 Cupertino Sanitary District
Fremont Union High School District Mid -Peninsula Open Space District
Foothill Community College District County Lighting Service Assessment
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexation/detaclunent/reorganization who consent
to this proposal should show their consent by signing and printing or typing their naives
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 Cleric must be added
prior to consideration. Hearing not required if 100% property owner consent is obtained.
Date (Print naive below City/State/Zip
See
Petition
GB Estate Homes, 4125 Blackford Ave 4200
LLC San Jose, CA 95070
*See next page
Tel. No. Parcel No
(408)248-3636 326-30-089
Suppl. Appl. -4-
Value of Land
$276,356
"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) GB Estate Homes, LLC
Mr. Leonard Hufton
(2) GB Estate Homes, LLC
Mr. Benjamin Chui
Street Address
City/State/Zip
4125 Blackford Ave. 9200
San Jose, CA 95117
same as above
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
Tri ame of person mpleting this CUPERTINO, CA 95014
p at'
(S' nat re) (D te)
NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with
each school district shown on question 413 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/detaclunent/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 56839, the City will make detenninations
on this proposal without notice or hearing.
Date:' l�. �� Q
City 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/detaclunent/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
MAR- 3-00 FRI 3;36 PM PAN -CAL FAX N0, 408 248 3667 P. 2
„--ter--
RECORDING REQUESTED BY:
Fidelity National Title Company -
Winchester
Escrow No, 731898-GBC
Title Order No. 00731898
When Recorded Mail Document
and Tax Statement To:
G. B. Estate Homes
4125 Blackford Ave., Suite 200
San Jose, CA 95117
DOCUMENT: 14938469
1111111111111111111111111
300149394696
Titles:l / Pages. 2
Fees.... 10.00
Taxes... 484.00
Copies,. _
AMT PAID 494.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Fidelity National Title Ins.
GRANT DEED
RDE r# 004
8/12/1999
3:02 PM
IS LINE FOR RECORDER's US
The undersigned grantor(s) declare(s)
Documentary transfer tax Is $484.00
[ X ] computed on full value of property conveyed, or
( ] computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated Area City of Unincorporated area
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lai -Ching Huang, A Married Man
and Ruey-Ting Cheng, A Married Man and Min-Imin Hao, A Married Man aka I min Hao and Der -Rei Chu, A Married
Mar#and Peter H. Pan, A Married Man aka Peter Pan and Harvey Tung, An Unmarried Man and Chen -En Hsu, A Married
Man *aka Der—Wei Chu
hereby GRANT(S) to G B ESTATE HOMES LLC
the following described real property In the City of Unincorporated area
County of Santa Clara, State of California,
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART OF AS EXHIBIT ONE
DATED: August 3, 1999
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
ON AUGUST 3, 1999 before me,
G. A. BLAKE personally appeared
LAI-CHING HUANG AND CHEN-EN HSU
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.
ANNE
Lai -CR ng Huang ,
Rued i ig- --
Min
�-Imin Hao
/4s a4' klf
Der-Re�Chu`
Peter H. .Pa
Witness my hand and official seal. �/- _
Signature ��r Hary y Tung
� G. A. BLAKE en -En Hsu
O r3rd,h p COMM. #1084018
-1 fief � NOTARY PUBLIC -CALIFORNIA
SANTA CLARA COUNTY
My Comm, Expires Jan. 21, 2000 EMAIL TAX STATEMENTS AS DIRECTED ABOVE
PO -213 (Rev 7/96) GRANT DEED