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Annex 00-10 - Orange Ave Resos 00-248 and 00-269Please 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 D"O 15500977 12/20/2000 10 14 AM CERTIFICATE OF COMPLETION i 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. 00-269 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: Orange Avenue 00-10 (uninhabited The change of organization was ordered subject to the following terms and conditions: NONE. The date of adoption of the City Resolution ordering the reorganization is November 6. 2000. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated: N a ' Attachments: City Resolution Legal Description Map 7 ANei6ma Executive Director: Santa Clara County Local Agency Formation Commission RESOLUTION NO. 00-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "ORANGE AVENUE 00-10", APPROXIMATELY 0.22 ACRE LOCATED ON THE EAST SIDE OF ORANGE AVENUE BETWEEN ALCAZAR AVENUE AND NOONAN COURT; MA AND PENG (APN 357-19-005) 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 Orange Avenue (APN 357-19-005) has been filed by property owners Zhijian Ma and Suyi Peng; and WHEREAS, on October 2, 2000, the City Council adopted Resolution No. 00-248 initiating proceedings for annexation of the area designated "Orange Avenue 00-10"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Orange Avenue 00-10", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.21'2 acre. I�ATRLI rAN''D'CC,RE: rCTC G ON FILE IN THIS CFF'iCE. ATTEST' CiTY� CLE13Y OF THE CITY OF CUPERTINO CITY CLF -MV Resolution No. 00-269 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, 1983, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-8 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. 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. in. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 35151 et seq. of the Government Code. 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. 2 Resolution No. 00-269 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 6`h day of November, 2000, by the following vote: Vote Members of the Ci 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 Annexation Orange Avenue 00-10 Exhibit "A" Resolution No. All that certain real property situate in the unincorporated area, County of Santa Clara, State of California, described as follows: Portion of Lot 24, as shown upon that certain Map entitled, "Tract No. 300, Map of the Noonan Subdivision Unit No. 2", which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on May 6, 1946 in Book 10 of Maps, Page 16, .and a portion of the Southwest 1/4 of Section 14, Township 7 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly described as follows: Beginning at a point on the Easterly line of Orange Avenue, distant thereon South 75.00 feet from the northerly line of Lot 24, as said Avenue and Lot are shown on the Map above referenced to; running thence South 89° 58' East and parallel with the northerly line of said Lot 24 and along the southerly boundary line of that certain annexation to the City of Cupertino entitled Orange Avenue 89-06, for a distance of 130 feet to a point in the westerly line of that certain annexation to the City of Cupertino entitled Noonan 73-8; running thence South and parallel with the Easterly line of Orange Avenue and along the westerly boundary line of those certain annexations to the City of Cupertino entitled Noonan 73-8 and McClellan 1-A, 75.00 feet; running thence North 89° 58' West and parallel with the northerly line of said Lot 24 and along the boundary line of that certain annexation to the City of Cupertino entitled McClellan 1-A, a distance of 130.00 feet to the Easterly line of Orange Avenue and the southeasterly boundary comer of that certain annexation "to the City of Cupertino entitled Alcazar Avenue 80-49 and the northeasterly boundary corner of that certain annexation to the City of Cupertino entitled Fuchs 76-4; running thence North along said Easterly line and easterly boundary line of said Alcazar Avenue 80-49, 75.00 feet to the point of beginning. Also and further described as the land in the unincorporated area of the County of Santa Clara that is completely surrounded by the annexations to the City of Cupertino entitled McClellan 1- A, Noonan 73-8, Fuchs 76-4, Alcazar 80-49 and Orange Avenue 89-06. - Containing 0.22 acres, more or less APN 357-19-005 & 357-19-006 9 ROFESsIn �SQ.TMINF� EL No. C 3225 �- Exp.� D C 0 9I \E g. j-7 Hq Q I� i� I� Q tr I � t� I I I� _a42o Oran, (AL) CH s 76 -4f DOLORES AVE st' FES S/ PNF� �L `" P No, C 32251 T� f ti ICY EXNiB/T '.8" STEYENi C.Qt'�-,r Q L V D ALCA�AIZ AV& I I (0RAL,'&9 AVE 89•o6 I I ° LoY z4 a s89° 58"� i3p.co�t ("OONAN 73-8) H 89058"w i34.Gn' I� (McCLELLAN I -A t I I I f. 1Y D o n/AlY CT Mc'CLELLA,Al RDAD 1L APN -3 f 9-06S) 357-13-006 o. 2 z A c s's t - - - - - AhiNEXAreON 130LJNDARY AREA of PkoPOSEC AtN&1&XATI0M A,9 u .s t Z000 �V Q Cc a ALC ALAR AVjE OSL.oxET Ave- NOGNAN cr i' CCLELL;�N R o LocA-riolv MAP ["= /40,06 PROPO5E0 AWVExATiOn/ 70 -r 4E C)TY OF CU PERTINO Er1T ITL C-0 4 ORAIV 4E AVE. 00 -10" RESOLUTION NO. 00-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "ORANGE AVENUE 00-10", PROPERTY LOCATED ON THE EAST SIDE OF ORANGE AVENUE BETWEEN ALCAZAR AVENUE AND NOONAN COURT; APPROXIMATELY 0.22 ACRE, MA AND PENG (APN 357-19-005) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Orange Avenue 00-10" from property owners, Zhijian Ma and Suyi Peng; and WHEREAS, the property, 0.22+ acre on the east side of Orange Avenue between Alcazar Avenue and Noonan Court (APN 357-19-005) 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 RI -8 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 Resolution No. 00-248 Page 2 "Orange Avenue 00-10" and detachment from the Santa Clara County Lighting Service District at their regular meeting of November 6, 2000. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2" day of October, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/Roberta Wolfe Deputy City Clerk APPROVED: /s/John Statton Mayor, City of Cupertino PA 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: ORANGE AVENUE 00-10 Situs Address 10420 Orange Avenue and consists of: X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 0.22 acres on the east side of Orange Avenue (Street/Avenue) between Alcazar Avenue (Street/Avenue) and Noonan Court (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 / /ex,1 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) CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip Assessor's Election Parcel No.* or Precinct No.** �v�e_z C, CJNasQge '41", (Sign her-) Date: a`���/Phone:., z a Ovrgnj-e A" AfIv JV-0-10-Is- 0 (Sign- � Date: Phone: ( ��� * 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: ORANGE AVENUE 00-10 Annexation to CITY OF CUPERTINO (City or Spec. District) Detaclunent 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?) and in compliance with CEQA, has: (date) 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 0.22 2. Number of inhabitants 2 3. Number of registered voters 0 4. Number of dwelling units I 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 RI -8 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. 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 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/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 Zhijian Ma 10420 Orange Ave. (408) 330-1610 357-19-005 $117,651 Cupertino, CA 95014 357-19-006 $38,046 Su Yi Peng same as above *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 Street Address City/State/Zip (1) Zhijian Ma 2923 Vista Creek Drive Su-Yi Peng San Jose, CA 95133 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 CUPERTINO, CA 95014 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 Sec39, the City will. make determinations on this proposal without notice or hearing. ; Date: Cr City Clerk v � (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 ?3/19/1994 19:31 4082621803 JACK & CHERYL CHEN PAGE 01 RECORDING REQUESTED 1s.� Alliance Title Company AND WHEN RECORDED MAIL TO N'm° ZhiJlan Ma stmet■ 10420 Orange Ave. Addro Cupertino, CA 95014 cny.suu. Zip order No. 11004872 -001 -GH AWANCE TlrL E COMMNV hereby s this is a Copy of the asol"ai Ra under REOMmwo 4 GRANT DEED a" Na s 3 S>6G yL City of Cupertino --t.1 uourmen Conveyance Tax is 00 ® oomputed on II 'glue of nterest or property conveyed, or Parcel No. 357.19-005 ❑ full value less value of liens or encumbrances remaining at the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Charles W. Elmer�and Josephine A. Elmer, husband and wife hereby GRANT(s) to Zhljian Ma and Su Yi Peng, husband and wife as Joint Tenants the following real property in the city of Cupertino county of Santa Clara, state of California: See Exhibit A attached hereto and made a part hereof. Dated: August 5, 2000 STATE OF CALIFORNIA COUNTY OF Santa Clara On /O Q before me, k a Notary Public In and for said County and State, personally appeared .r personally k ,.,an to me (or proved to me on the asls a sails dory evidence) to be the person(e) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ha/sne/thoy executed Me same In his/her/their authorized Capacity(iO3) rand that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the pe on(s), acted, ex ted the Instrument WITNESS my ha n Signatur .Adc3t:*— 0 GN.E,ti HOUCK Commialon v 1144604 Notary Public - Callfomia Santa Clara County MY Comm. Exolres Jul S. 2001 , (This area for ofAcial notorlal seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL A8 DIRECTED ABOVE Name sv..��aan.■ ahr P,3/19/1994 19:31 4082621803 JACK & CHERYL CHEN PAGE 02 Exhibit A 11-0' All that certain real property situate in the unincorporated area, County of Santa follows; Clara, State of California, described as Portion of Lot 24, as shown upon that certain Map entitled, Tract No. 300, Map of Noonan Subdivision Unit No. 2", which Map was filed for record in the Office of the recorder of the County of Santa Clara, State of California, on May 6, 1.946 in Book 10 of Maps, Page 16, and a portion of the Southwest 1/4 of Section 14, Township 7 South, Range 2 West, Mount Diablo Base and Meridian, and more particularly described as follows: Beginning at a point on the Easterly line of Orange Avenue, distant thereon South 75.00 feet from the Northerly line of Lot 24, as said Avenue and Lot are shown on the Map above rcferred to; running thence South 890 58' East and parallel with the Northerly line of said lot 24, for a distant of 130 feet; running thence South and parallel with the Easterly line of Orange Avenue, 75.00 feet; running thence North 890 58' West and parallel with the Northerly Ilne of said Lot 24, a distance of 130.00 feet to the Easterly line of Orange Avenue; running thence North along said Easterly line 75.00 feet to the point of beginning.