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12. Baxter Ave 08-01 annexationDRAFT RESOLUTION N0.08-101 A RESOLUTION- OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "BAXTER AVENUE OS-Ol", PROPERTY LOCATED ON THE WEST SIDE OF BAXTER AVENUE BETWEEN ANSWORTH DRIVE AND STARLING DRIVE; APPROXIMATELY 0.44 ACRE, LAU {APN 32b-11-012}, YIU (APN 325-11-014 WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.44+ acre on the west side of Baxter Avenue between Answorth Avenue and Starling Drive (APN 326-11-012 and APN 326-11-014) has been filed by property owners Alfred Lau, Winnie Yiu, Jok Tong Yiu and Simon Yiu; and WHEREAS, on June 17, 2008, the City Council adopted Resolution No. 0$-085 initiating proceedings for annexation of the area designated "Baxter Avenue 08-01 "; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 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 56757 of the Government Code for the annexation of property designated "Baxter Avenue 08-01 ", more particularly described in Exhibits "Al", "A2", "B1", and "B2"; 2. That the following findings are made by the City Council of the City of Cupertino: 12-1 Resolution No. 08-101 ,Page 2 a. That said territory is uninhabited and comprises approximately 0.44 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 January' 17, 1980, to, 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. i. 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. 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 wi#hout election pursuant to Section 56837 et seq. of the Government Code. 2 12 -2 Resolution No. 08--101 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 bylaw. 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 5th day of August 2008, by the following vote: Vote Members of the C~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 3 12-3 EXHIBIT "A 1~ LEGAL DESCRIPTION BAXTER A~7?,N[7E 08-01 ANNE~~ATION TO ' THE C1TY 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, '15.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION Disciafnier: "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 ~EXHIBTT "B-1", "BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA" ATTACHED HERETO AND MADE APART HEREOF. Prepared By: ~i~a.a p..j~' dYl'l~ilYl Michael S. Mahoney, P.L.S. Revised: May 27, 2008 2 12-4 EXHIBIT uA-2" LEGAL DESCRIPTION BAXTER AVENUE 08-01 A-NNE~A.TION TO THE CITY OF CUPERT~NO, CALIFORNIA A portion of the San Antonio Rancho, Santa Clara County, California Ming all of Lat 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 Lat 491ying in the Unincorporated Area of Santa Clara County, State of California, and being more particularly described as follows: Commencing for a Point of Reference at the northwest corner of Lot 46 as shown on that certain Map entitled, "Tract No. 780' Creston' Unit No. 2" filed foi record in the Official Records of Santa Gaza 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 descn'bed in Document Number $3325971 filed in the Official Records of Santa Clara County on Febraary 13,19$5; (I) thence along said easterly boundary tine of said Foothill Boulevard Annexation $2-03, S 10~2'00"W, 253.23 feet to the northwest corner of said Lot 49 being the POINT' OF BEGIlVNING for this description; l . thence leaving said easterly boundary line of the Foothill Boulevard 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 an said Map entitled, "Tract No. 780'Crestan' Unit No. 2" being the easterly boundary line of said Lot 49, S 10°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 shaven on said Map entitled, "Tract No. 780'Creston' Unit No. 2" and along southerly boundary line of said Lot 49, N79°39'00"W, 125.00 feet to.the southwesterly Darner of said Lot 49 being on the easterly boundary line of said Foothill Boulevard Annexation 82-03: 12-5 EXHIBIT "A-2" LEGAL DESCRIPTION BAXTER AVENUE Q&Ol A-~d1~TEXATION TO THE CITY OF CUPERTINO, CALIFORNIA (G-~dtiaued) 4, thence along said easterly boundary line of said Foothill Boulevard Annexation 82-03 and the westerly boundary line of said Lot a9, N 10°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.PN.:32b-11-01~ ALL AS SHOWN ON PLAT TO ACCOMPANY LEGAL DESCRIPTION ENTITLED KEXH>BI'F "B-2", "BAXTER AVENUE OS-01 ANNEXATION TO THE C1TY OF CUPERTINO, CALIFORNIA" ATTACHED HERETO AND MADE APART HEREOF. Disclaimer: "For assessment purposes only. This description of land is not a legal groperiy 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." Pr~rutBy: ~ y ~P~~, S. Iygy S' ~ ,~~s ~ ~ .U~ 02 1Vl~c6ael S. Mahoney, P.L.S. ~ ,~ ~~ Revised: May 27, 2008 a No, err s~Rv~~ 2 ~2-s FO~p~ ~t ~o~NVARY OF / ~i ANNEXgT1pN ~ ~~ t 0 40' ca Q O ~~ o ~ O~ REVISED: MAY 27 2008 p ~~D Q N (rr ~ saa-~r~o~ 12~or ~ ~ `~ ~ ©~ a w ELI o •~ ~~ ~ 0 ~° ~, $ ~ o ~ ~ _ o W a 4 ~ ~e ~ srs~~,~ ~ p ~' I ~ X25 ao, 02 ~ G ;.°o '8 ~.~ ~° afi1.~ q .~ 4 ~ ~ k'~ 2 PN 3261 ~ ~ o ~ 3 by 1 n ~~ ,~ ~ 8 FgEEWAY .2 8 p . ~ v o0 LE~ a4 cR~sTOx nR. LINE OF PROPOSED ANNEXATION 'v FOR LOT 47 ~ .!l7VSWORTH p .~ - --- LINE Of EXISTING ANNEXATION AS NOTED ~ CPR DENOTES COMMENCING FOR A POINT OF REFERENCE ARIdN AyR, AS DESCRIBED IN EXHIBIT'A"LEGAL DESCWPTiON ~ G POB DENOTES~POINT OF BEGINNING AS DESCRIBED O q iN EXHIBIT "A" LEGAL DESCRIPTION ~ nlcri enuEct: ~ 1tAxTa[.~N DR "For assessrrterit purposes only. This description of land is not a legal properky v descx>ptlon as defined in the Sulx~rrWon Map Act and may not tte used as the ~ an otter fa° sale of the land descxtbed ~ LOCATID.N MAI' EXHIBIT "B-~" PLAT TO ACCOMPANY LEGAL QESCRIPTlON BAXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 47 OF'Trad No. 780 "Cresbtm Unit 2". filed 'in Book 50 of Maps, Pages 32 833 Official Rids of Septa Clara County on June 4, 1954 10645 BAXTER AYF.MTE, LOSALTOS, CALIR'ORMA 12-7 RLY $pUN© ti F~THILL 80 ARY OF' f ,AIVNb(gT10N NO 82-03 1 4 40' C,o L1, oQ~j' REVISED: MAY. 27, 2tH?$~ ~'~ ~ ~ , ~'aOa ~' '' flfl~ p~ °~'f?opWvM~~~ h U~~ ~~7'~v[/U o --~ .4 m `. ~ N ~ ~~ 1g~~ ,~ ~ , ~. - ~ ~ Q 0 O /'~ ®{ ~ +~~ ,~,~~ 1, of O 4 o y W N 1 $ ~9 O Sr9 39~`E 2 cb -` X25 QO O mz w ~ . ~g~ ~~ b ~~ a `"2 ! i 0.2 ~~~~14 ~ ,~ r ~, ~ Acres ~ ~ ~ 3 -v,g ~ Q? J Y~ ~~ $ ~~EWAY Z 8 0 1 Qom . LEGEND ~~ q CR8S7bN DR. uNE olr PROPOSED ANNFJCATION ~y FOR LOT 49 w .i1N5'WOk17,r ~ - ~-- LINE OF EXISTING ANNEXATION AS NOTED ,~ yQ CPR DENOTES COMMENCING FOR A POINT OF REFERENCE ~ ,~ ~ YE. AS DESCRIBED IN EXHIBIT `A" LEGAL. DESCRIPTION ~ POB DENOTES POINT OF BEGINNING AS DESCRIBED ~ C !N E?q~IIBIT "A" LEGAL DESCRIPTION u, i p13CLA1MER~ H.lR7M~1N DR j "For assessment purposes only. Tt~s desai~ion of land is not a legal property description as deed in the Subd'rvlsion Map Ad and may not be used as the bates for an offer for sale of the land descn'bed' LQCATIO.N MfI~ PLAT TO ACCOM ANY~LEGAL ~ E RIPTI N D SC O AXTER AVENUE 08-01 ANNEXATION TO THE CITY OF CUPERTlNO, CALIFORNIA PORTION OF THE SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA LOT 49 OF "Tract No. 780 "Creston Uni# 2", filed in Book 50 of Maps, Pages 32 8~ 33 Official Records of Santa Clara County on June 4, 1954 10613 BAX7ER.~4YENUE, LOSALTOS, GALI~'ORIVIA i 12-&