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Annex 99-09 - Byrne Ave Resos 00-294 and 01-012Please 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 poc#. 15661166 5/02/2001 9.09 AM SanJose, California 95110_a r' (408) 299-4321 N 0 0 C 0 Q: 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. 01-012 for a reorganization attached hereto and have found this document to be in compliance with Government Code Section 56757 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 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: Byrne Avenue 99-09 (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 January 16, 2001. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated: Aolo Attachments: City Resolution Legal Description Map Neelima alacherla, Executive Director: Santa Clara County Local Agency Formation Commission RESOLUTION NO. 01-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "BYRNE AVENUE 99-09", APPROXIMATELY 0.445 ACRE LOCATED ON BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND DOLORES AVENUE; CHOE (APN 357-14-032) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.445+ acre on Byrne (APN 357- 14-032) has been filed by property owner William Choe; and WHEREAS, on December 4, 2000, the City Council adopted Resolution No. 00- 294 initiating proceedings for annexation of the area designated 'Byrne Avenue 99-09"; 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 'Byrne Avenue 99-09", 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 0.445 acre. Resolution No. 01-012 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 16`h day of January, 2001, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Lowenthal, James NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ Sandra James Mayor, City of Cupertino 3 EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO ENTITLED BYRNE AVE. 99-09 DATE: JUNE, 1999 REVISED: OCTOBER, 2000 All that real property situate in the County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Section 138, as shown on that certain Map entitled, "Map of Subdivision "A" Morita Vista", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book "P" of Maps, at page 20; thence along the easterly line of said Section 138 North 90.82 feet to the southerly line of Alcazar Avenue as shown on said Map; thence along southerly line of Alcazar Avenue East 100.15 feet to the westerly line of that certain annexation to the City of Cupertino entitled, "Alcazar 89-07"; thence along; the said westerly line of annexation "Alcazar 89-07 North 40.00 feet; thence leaving said line West 57.16 feet; thence North 5.00 feet; thence West 62.81 feet; thence South 5.00 feet; thence West 80.44 feet to the easterly line of that certain annexation to the City of Cupertino entitled, "Bryne 99-10" and the easterly line of Bryne Avenue as shown on said Map; thence along said easterly line South 5.81 feet to the southeast corner of said annexation `Bryne 99-10"; thence along the southerly line of said annexation "Bryne 99- 10 West 50.00 feet to the northeasterly corner of that certain annexation to the City of Cupertino entitled, "Byrne 89-02"; thence along the easterly line of -said annexation "Bryne 89-02 and its prolongation South 120.00 feet to the northerly line of that certain annexation to the City of Cupertino entitled, "Bryne Ave. 97-08"; thence along said northerly line of annexation "Byrne Ave. 97-08" East 50.00 feet to the easterly line of Byrne Avenue and the northeasterly corner of annexation "Byrne Ave. 97-08; thence along the last said lines South 5.01 feet to the southerly line of said Section 138; thence along the southerly line of said Section 138 East 100.15 feet to the POINT OF BEGINNING. Said parcel of land containing 23,426 square feet or 0.538 acres, more or less. Prepared by: Marvin D. Kirkeby R.C.C. No. 14001 Expires 3/31/2001 LEGEND Q AREA OF ANNEXATION o PROPOSED ANNEXATION BOUNDARY z - ' — EXISTING ANNEXATION BOUNDARY a N 00 LCf u 8 Y R N E o SCALE: 1"_40' 9 9-10 �? EAST 0,4 E, EAST 5.00 - 8Y.RNE 89-02 Z Avenue 103$$ ByYne 30.000 20,00 -EAST 50,0 EXISTING ANNEXATION EAST 20. " BYRNE AVE, 97-08 " ' od� 1 I L-1 z,z Z Lzi SITE YAJ ALCAZAR AVE, DOLORES AVE. m McCLELLAN ROAD NORTH 40.00'--- O~ EA5T�57-W H-5.00'- -- - ;� ;OD \ALC 1\AVE EAST 'I obj w EAST 100. i! SECTION 138\ MAP OF SUBDIVISION _ "A " MONTA VISTACY "Cq A.P.N.Co 357-14-03 \ o \� m TOTAL ANNEXATION Z \\ SQ. \ \\`p. 5 3 8 ± Acre,\\\\ 'I- EAST 100.15' P. 0. B. W 1400, EW Q J Q may\1P ,gym 'm m EXHIBIT " B KIRKEBY ENGINEERING - PLAT TO ACCOMPANY DESCRIPTION SCALE: I"= 40' 2397,FOREST AVENUE PROPOSED ANNEXATION TO THE CITY SAN JOSE, CA 95128 (408) 984-40331 OF CUPERTINO DATE: JUNE 1999 "BYRNE AVE. 99-09', JOB NO. 99039 RESOLUTION NO. 00-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED `BYRNE AVENUE 99-09", PROPERTY LOCATED ON BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND DOLORES AVENUE; APPROXIMATELY 0.445 ACRE, CHOE (APN 357-14-032) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byrne Avenue 99-09" from property owner, William Choe; and WHEREAS, the property, 0.445+ acre on Byrne Avenue between Alcazar Avenue and Dolores Avenue (APN 357-14-032) 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 99-09" and detachment from the Santa Clara County Lighting Service District at their regular meeting of January 16, 2001. Resolution No. 00-294 Page 2 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 City Council AYES: Burnett, Chang, Lowenthal, Statton, James NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Sandra James City Clerk 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: BYRNE AVE. 99-09 Situs Address 10388 Byrne Avenue and consists of: X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 0.445 acres on 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). 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: Annexation to BYRNE AVE. 99 - 09 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- 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: A//A 8. The person(s) signing this petition hasihave 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: Signatures of Petitioners (Please print name below) (Sign here) Date: CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip Mm e. me___� qs© 14 Phone: ( Phone: ( ) - Assessor's Election Parcel No.* or Precinct No.** * For proposals involving uninhabited territory or for landowner -initiated proposals. * * For proposals involving inhabited territory or for resident -voter initiated proposals CHARACTERISTICS OF THE AREA 1. Number of acres 0.445 2. Number of inhabitants 2 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 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? SERVTCF,S 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 William Choe 10388 Byrne Avenue (408) 527-3025 357-14-032 $104,149 Cupertino, CA 95014 *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) William Choe 10388 Byrne Avenue 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 10300 TORRE AVENUE CUPERTINO, CA 95014 1 11-0 / G�o (DA) NOTE: It is a generalvLAFCO 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. / \J Date: 2--,o City Clerk Oz -y ,�- (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 Name than 100% consent applications. Street Address City/State/Zip Name (If additional space required, continue list on separate sheet and attach.) Street Address City/State/Zip b. FOR NOT -100% CONSENT PROPOSALS, list all registered voters residing in the territory proposed for annexation/detachment/reorganization if different from the Name landowners shown in 14a. and 14b. above. Street Address City/State/Zip Name (If additional space required, continue list on separate sheet and attach.) Suppl. Appl. -6 Street Address City/State/Zip RECORDING REQUESTED BY Financial Title Company AND WHEN RECORDED MAIL TO Name William•Choe Street10388 Byrne Ave Address city,srate Cupertino, CA 95014 Zip Ord - DOCUMENT: 14905356 111111111111111111111111I BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Title Company GRANT DEED Titles:]-/ Pages: 3 Fees.... 23.00 Taxes... 484.00 Copies.. AMT PAID 507.00 SPACE ABOVE THIS L RDE # 009 7/21/1999 8:00 AM S US THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is $484.00 City of, or lX Unicorporated Area E1 computed on full value of interest or property conveyed, or City Conveyance Tax is $-0- ❑ full value less value of liens or encumbrances remaining at Parcel No. 357-14-032 the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John J. Heilman Jr. and Faustene V. Heilman, husband and wife as community property and Edward A. Enos, a married man as his sole and separate property hereby GRANT(s) to WilliamhePeh, an unmarried man the following real property: See Exhibit A attached hereto and made a part hereof.' Dated: July 13. 1999 STATE OF CALIFORNIA COUNTY OF Santa Clara On July 13, 1999 before me, Mary Ellen Smith a Notary Public in and for said County and State, personally appeared John J. Heilman Jr. and Faustene V Heilman 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. WI ESS my hand cial�eal. Signature_ } S.S. Jo n J Heilman Jr. Fau a .Heil ary,,, Edward A. Enos (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State MARY ELLEN SMITH Comm. # 1110913 (OTAft16PlJ8l1C - QgIMMA Salta Cara County 0 IFO ms. MY CorExpfrss Sap. 22, 2000 1 (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State State of California � s County of San Diego On July 15, 1999 before me, Car/J, Castillo, Notary Public, personally • appeared, Edward A, Enos, proved to me on the basis of satisfactory evidence • to be the person whose name is subscribed to the within instrument and 7 acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. a WITNESS my hand and official seal. _ CARL J. CFSMO CTMission # 1132715 • < Notay Public — CC*W ip z ®� San Diego County2001 Signature of Notary Public MY Corrin• Expires Apr • ----------------------------------- OPTIONAL------------------------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could fraudulent • prevent removal and reattachment of Mls form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: 07115199 Number of Pages: OZ Signer(s) Other Than Named Above: ` • Capacity Claimed by Signer: • Signer's Name: Signer's Name: ❑ Individual ❑ Individual • ❑ Corporate Officer ❑ Corporate Officer • Title: Title: ❑ Partner: LJ Partner: ' ❑ Limited ❑ Limited • ❑ General ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee LJ Guardian or Conservator L) Guardian or Conservator ❑ ❑ Other: Signer is Representing: Signer is Representing: . Ram.:. Exhibit A All that certain real property situate in the Unincorporated Area, County of Santa Clara, State of California, described as follows: All of Lot 138, as shown on that certain Map entitled, "Map of Subdivision "A" Monta Vista", which Map was filed for. record in the office of the Recorder of the County of Santa Clara, State of California 'on"April 11, 1917 in Book "P" of Maps, at page(s) 20. EXCEPTING THEREFROM the Northerly 20' of the premises known as Alcazar Avenue as deeded to the County of Santa Clara by instrument recorded February 8, 1962 in Book 5899 of Official Records, page 300.