CC Resolution No. 08-085 Annexation Baxter Ave 08-01RESOLUTION N0.08-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA
DESIGNATED "BAXTER AVENUE 08-01", PROPERTY LOCATED ON
THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH
DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE,
LAU (APN 326-11-012), YIU (APN 326-11-014)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Baxter Avenue 08-01 "from property owners, Alfred
Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu.
WHEREAS, the properties, 0.44+ acre on the north side of San Fernando Avenue
between Orange Avenue and Byrne Avenue (APN 326-11-012 and APN 326-11-014) are
contiguous to the City of Cupertino and are 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 January 17, 1980,
to City of Cupertino Pre R1-10 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
determined that the annexation is categorically exempt from CEQA pursuant to 14 C.C.R
Sec. 15319.; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A 1 ", "A2", "B 1" and "B2") 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. 08-085
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 "Baxter Avenue 08-01" at their regular meeting of August 5, 2008.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June 2008, by the following vote:
Vote Members of the C~ Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
r'
~ ~~____.
Mayor, City of C pertino
2
EXHIBIT "A-1"
LEGAL DESCRIPTION
BAXTER AVENUE 08-01 ANNEXATION
TO
THE CITY OF CUPERTINO, CALIFORNIA
A portion of the San Antonio Rancho, Santa Claza County, California being all of Lot 47,
as shown on that certain Map entitled, "Tract No. 780'Creston' Unit No. 2" filed for
record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32
and 33 on June 4, 1954; said Lot 471ying in the Unincorporated Area of Santa Claza
County, State of California, and being more particulazly described as follows:
Commencing for a Point of Reference at the northwest comer of Lot 46 as shown on
that certain Map entitled, "Tract No. 780'Creston' Unit No. 2" filed for record in the
Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June
4, 1954, and said northwest corner of Lot 46 being on the easterly boundary line of the
Foothill Boulevard Annexation 82-03 as described in Document Number 83325971 filed
in the Official Records of Santa Claza County on February 13, 1985;
(I) thence along said easterly boundary line of the Foothill Boulevard Annexation 82-03,
S10°22'00"W, 103.23 feet to the northwest corner of said Lot 47 being the
POINT OF BEGINNING for this description;
thence leaving said easterly boundary line of the Foothill Boulevard Annexation
82-03 and along the northerly boundary line of said Lot 47, S79°39'00"E, 125.00
feet to the northeasterly comer of said Lot 47 which lies on the westerly boundary
line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No.
780'Creston' Unit No. 2";
2. thence along the easterly boundary line of said Lot 47 and the westerly boundary
line of Baxter Avenue (60 feet wide) as shown on said Map entitled, "Tract No.
780' Creston' Unit No. 2", S 10°22' 00"W, 75.00 feet to the southeasterly comer
of said Lot 47;
3. thence leaving said westerly boundary line of Baxter Avenue (60 feet wide) as
shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2" and along the
southerly boundary line of said Lot 47, N79°39'00"W, 125.00 feet to the
southwesterly comer of said Lot 47 being on the easterly boundary line of said
Foothill Boulevazd Annexation 82-03;
EXIT "A-1"
LEGAL DESCRIPTION
BAXTER AVENUE 08-01 ANNEXATION
TO
THE CITY OF CUPERTINO, CALIFORNIA
(Continued)
4. thence along said easterly boundary line of the Foothill Boulevard Annexation
82-03 and the westerly boundary line of said Lot 47, N10°22'00"E, 75.00 feet
to the POINT OF BEGINNING.
END OF DESCRIPTION
Disclaimer:
"For assessment purposes only. This description of land is not a legal property
description as defined in the Subdivision Map Act and may not be used as the basis for an
offer for sale of the land described."
Containing 0.22 acres, more or less
A.P.N. :326-11-012
ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED
"EXHIBIT "B-1", "BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA" ATTACHED HERETO AND MADE APART HEREOF.
Prepared By:
Michael S. Mahoney, P.L.S.
Revised: May 27, 2008
2
EXHIBIT "A-2"
LEGAL DESCRIPTION
BAXTER AVENUE OS-Ol ANNEXATION
TO
THE CITY OF CUPERTINO, CALIFORNIA
A portion of the San Antonio Rancho, Santa Claza County, California being all of Lot 49,
as shown on that certain Map entitled, "Tract No. 780' Creston' Unit No. 2" filed for
record in the Official Records of Santa Clara County in Book 50 of Maps, at Pages 32
and 33 on June 4, 1954; said Lot 49 lying in the Unincorporated Area of Santa Clara
County, State of California, and being more particulazly described as follows:
Commencing for a Point of Reference at the northwest comer of Lot 46 as shown on
that certain Map entitled, "Tract No. 780'Creston' Unit No. Z" filed for record in the
Official Records of Santa Clara County in Book 50 of Maps, at Pages 32 and 33 on June
4, 1954, and said northwest comer of Lot 46 being on the easterly boundary line of the
Foothill Boulevazd Annexation 82-03 as described in Document Number 83325971 filed
in the Official Records of Santa Clara County on February 13, 1985;
(I) thence along said easterly boundary line of said Foothill Boulevazd Annexation
82-03, S 10°22'00"W, 253.23 feet to the northwest comer of said Lot 49 being the
POINT OF BEGINNING for this description;
1. thence leaving said easterly boundary line of the Foothill Boulevazd Annexation
82-03 and along the northerly boundary line of said Lot 49, S79°39'00"E,
125.00 feet to the northeasterly comer of said Lot 49 which lies on the west
boundary line of Baxter Avenue (60 feet wide) as shown on said Map entitled,
"Tract No. 780' Creston' Unit No. 2";
2. thence along said westerly boundary line of Baxter Avenue (60 feet wide) as
shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2" being the
easterly boundary line of said Lot 49, S10°22'00"W, 75.00 feet to the
southeasterly corner of said Lot 49:
3. thence leaving said westerly boundary line of Baxter Avenue (60 feet wide) as
shown on said Map entitled, "Tract No. 780'Creston' Unit No. 2" and along
southerly boundary line of said Lot 49, N79°34'00"W, 125.00 feet to. the
southwesterly corner of said Lot 49 being on the easterly boundary line of said
Foothill Boulevard Annexation 82-03:
E1~IBIT "A-2"
LEGAL DESCRIPTION
BAXTER AVENUE 08-01 AS~INEXATION
TO
THE CITY OF CUPERTINO, CALIFORNIA
(Continued)
4. thence along said easterly boundary line of said Foothill Boulevard Annexation
82-03 and the westerly boundary line of said Lot 49, N10°22'00"E, 75.00 feet to
the northwesterly comer of said Lot 49 being the POINT OF BEGINNING.
END OF DESCRIPTION
Containing 0.22 acres, more or less
A.P.N.:326-11-014
ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED
"EXIiIBTT "B-2", "BAXTER AVENUE 08-01 AS~TNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA" ATTACHED HERETO AND MADE APART HEREOF.
Disclaimer:
"For assessment purposes only. This description of land is not a legal property
description as defined in the Subdivision Map Act and may not be used as the basis for an
offer for sale of the land described."
Prepared By:
c' e ~' ter" "„yt~ \
6l 7/L.!'1Q.epv, ~ ~~C,JS~pEt' S' Mq,S,oCf
IVlichael S. Mahoney, P.L.S. ~~ ,~ 2n
Revised: May 27, 2008 ja a N0.5577 ~
• Exp. 12/31 /O~
sURVEYO~
2
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~I POB DENOTES POINT OF BEGINNING AS DESCRIBED
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QISCLAIMER•
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EXHIBIT "B-1"
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BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTiNO, CALIFORNIA
PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA
LOT 47 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps,
Pages 32 ~ 33 Official Records of Santa Clara County on June 4, 1954
10645 BAXTER AVENUE, LOSALTOS, CALIFORNL4
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LINE OF PROPOSED ANNEXATION
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CPR DENOTES COMMENCING FOR A POINT OF REFERENCE ~ ~ LNG AYE.
AS DESCRIBED IN EXHIBIT "A" LEGAL DESCRIPTION ~
POB DENOTES POINT OF BEGINNING AS DESCRIBED ~ ~
IN EXHIBIT "A" LEGAL DESCRIPTION ~ ~
DISCLAIMER: ~ hG4RTMAN DR
"For assessment purposes only. This description of land is not a legal property
description as defined in the Subdivision Map Act and may not be used as the
basis for an offer for sale of the land described." r nn ~ rrr~ a r a ~ ~
PLAT TO ACCOMPANYBLEGA L "
DESCRIPTION
AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA
LOT 49 OF "Tract No. 780 "Creston Unit 2", filed in Book 50 of Maps,
Pages 32 & 33 Official Records of Santa Clara County on June 4, 1954
10613 BAXTERAVENZIE,LOSALTOS, CALIFORNL4