Annex 00-06 - Byrne Ave Resos 00-270 and 00-293Please 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# 15500976
12/20/2000 10'14 AM
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. 00-293 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
Cite 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: Byrne Avenue 00-06 (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 December 4, 2000.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated:
Nee ' Palacherla, Executive Director:
Santa Clara County Local Agency
Formation Commission
Attachments: City Resolution
Legal Description
Map
RESOLUTION NO. 00-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 00-06", APPROXIMATELY 0.299
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN
ALCAZAR AVENUE AND DOLORES AVENUE; GWOZDZ (APN 357-12-031)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.299+ acre on the west side of
Byrne Avenue (APN 357-12-031) has been filed by property owners Barbara and Peter
Gwozdz; and
WHEREAS, on November 6, 2000, the City Council adopted Resolution No. 00-
270 initiating proceedings for annexation of the area designated 'Byrne Avenue 00-06";
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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated 'Byrne Avenue 00-06", 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 0.299
acre.
CERTIFY THf-,T
CORRECT cOF )
OF THE ❑RiC-Ily L ❑N FILE IN THIS OFFICE.
ATTEST
CITY CLERK F THE CITY OF CUPERTINO
a-
8 Y
c
CITY CLERK
Resolution No. 00-293 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 May 16, 2983, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre 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 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.
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
notic;, of said annexation as prescribed by law.
Resolution No. 00-293 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 4th day of December, 2000, by the following vote:
Vote Members of the Ci Council
AYES: Burnett, Chang, Lowenthal, Statton, James
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ Sandra James
Mayor, City of Cupertino
3
EXHIBIT A
BYRNE AVENUE 00-06
All of that real property situate in Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 6, said point also lying on the Westerly line
of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139,
Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa
Clara County records; thence West 120.00 feet along the Northerly line of said Lot 6 and
the Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne
Avenue 89-02", to the Northwesterly corner of said Lot and a point on the Annexation line
of the City of Cupertino, as defined by the Annexation titled "San Fernando 84-1"; thence
South 60.00 feet along the Westerly line of said Lot 6 to the Southwesterly corner and a
point in the Annexation line of the City of Cupertino, as defined by the Annexation titled
"San Fernando 93-01"; thence East 120.00 feet along the Southerly line of said Lot and the
Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne Avenue
97-08" to the Southeasterly corner of said Lot 6; thence North 60.00 feet along the Easterly
line of said Lot and the Annexation line of the City of Cupertino, as defined by the
Annexation titled "Byrne Avenue 99-09" to the point of BEGINNING.
Containing 0.165 acre more or less and consisting of all of Lot 6 as shown on the above-
mentioned Map.
Rev. 10-16-00
Gwoz/gwoz-00-06.doc
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No. 205
IF CAO
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED
BYRNE AVE. 00-06
SCALE: 1 " = 60'
J
T
LIMITS OF ANNEXATION
"BYRNE AVE. 89-02"
"SAN FERNANDO
84-1 "
APN 357-12-031
PROPOSED ANNEXATION
0.165 AC (7,200 SQ. FT.)
"SAN FERNANDO _
93-01"
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CITY LIMITS OF
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CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
JUNE 15, 2000
p'" 10-16-00 I
RESOLUTION NO. 00-270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED `BYRNE AVENUE 00-06", PROPERTY LOCATED ON THE WEST
SIDE OF BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND DOLORES
AVENUE; APPROXIMATELY 0.299 ACRE, GWOZDZ
(APN 357-12-031)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byrne Avenue 00-06" from property owners, Barbara
and Peter Gwozdz; and
WHEREAS, the property, 0.299+ acre on the west side of Byrne Avenue between
Alcazar Avenue and Dolores Avenue (APN 357-12-031) 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 Pre 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;
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 00-06" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of December 4, 2000.
Resolution No. 00-270
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of November, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
/s/ John Statton
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:
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. 00-06
Situs Address 10367 Byrne Avenue
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.299 acres on the west side of
Byrne Avenue (Street/Avenue)
between Alcazar Avenue (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).
Cupertino: Annexation Petition, page 2
6. The reason(s) for the proposed annexation (annexation, detachment,
reorganization, etc.) is/are
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 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)
Aa ACL (=c�11107Lt Z
(Sign here) uv
Date:
(Sign here)
Date: S k6
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
S'.
D �vrrne R1/2 —
I ems- 9S01fe
Phone:
Phone:
Assessor's Election
Parcel No.* or Precinct No.**
r 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
BYRNE AVE. 00-06
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-
CHARACTERISTICS OF THE AREA
1. Number of acres 0.299
2. Number of inhabitants 1
3. Number of registered voters 1
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 R1-7.5
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 armexations, describe the development being proposed for the territory, if
any, and when this development is expected to begin.
New single family dwelling - immediately.
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/detaclument/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
Central Fire Protection
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 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 Clerk must be added
prior to consideration. Idearing not required if 100% property owner consent is obtained.
Date (Print name below City/State/Zip
See
Petition
Barbara Gwozdz 21865 Regnart Rd.
Cupertino, CA 95014
Peter Gwozdz same as above
*See next page
Tel. No. Parcel No. Value of Land
( 357-12-031 $600,000
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):
(1)
(2)
Name
Mr. & Mrs. Peter Gwozdz
Street Address
City/State/Zip
21865 Regnart Road
Cupertino, CA 95014
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
of person completing this
10300 TORRE AVENUE
CUPERTINO, CA 95014
('4 Z � V',
(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 (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
(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
F�rg#Old Republic Title Company
499258 -SR
APN 357-12-031
WHEN RECORDED MAIL TO
r
Name Barbara Gwozdz & Peter
Gwozdz
Address 21865 Regnart Road
city Cupertino, Ca 95014
State
Zip
DOCUMENT: 15197954 Titles 1 / Pages: 2
Fees.... 10.00
Taxes... 660.00
0015197950Copies . .
AMT PAID 670.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Old Republic Title Company
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 660.00
........................................
( 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,
James C. Morton, a single man
RDE # 007
3/31/2000
8:00 AM
hereby GRANT(S) to Peter- S. Gwozdz and Barbara K. Gwozdz; Hdsband and Wife as
Community Property
that property in Santa Clara 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 March 28, 2000
STATE OF CALIFORNIA
COUNTY OF Santa Clara
On March 28, 2000 before me, the
undersigned, a Notary Public in and for said State, personally appeared
James C. Morton
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 ]ta d an fficial seal.
Signature
Name S. Wolf
(typed or printed)
FFC,IS-140 8/94
aures C. Morton
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Comm �12�?S32
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NOTARY PUBLIC-Ca.!rORh!!A
SANTA C LARH COUPJTY
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�,Iov. 27, 2003""
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(This area for official notarial seal)
Exhibit A
Legal description of the property
Lot 6, as delineated upon that certain Map entitled, "Tract
Creek Subdivision Map No.l in Sec. 14TP 7S. R. 2W., M.D.B.
record in the office of the Recorder of the County of Santa
California, on 05/27/1940 in Book 4 of Maps, at Page(s) 43.
Order No. 499258 -SR
No. 139 Stevens
&M.", filed for
Clara, State of