Loading...
89,244 Stern Avenue 82-01 (Speno) 89,244 Stern Avenue 82-01 SPEND) 1 , WA i t. i it A, b: ,'i 89Y244 Stern Avenue 82 - 01 ( SPEND ) 4r RESOLUTION NO. 6082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING ITS ORDER AND DESCRIBING BOUNDARIES FOR REORGANI- ZATION BETWEEN CUPERTINO, SAN JOSE AND THE COUNTY OF SANTA CLARA IN ACCORDANCE WITH THE DISTRICT REORGANIZA- TION ACT OF 1965 WITHOUT A PUBLIC HEARING AS PROVIDED BY LAW; APPROXIMATELY 3.11 ACRES LOCATED ON THE SOUTHWEST CORNER OF STEVENS CREEK BOULEVARD AND STERN AVENUE WHEREAS, pursuant to provisions of the District Reorganization Act of 1965, a petition for reorganization was filed with the Local Agency Formation Commission involving: a) Annexation of unincorporated area in the County of Santa Clara to the City of Cupertino; b) Detachment from the City of San Jose, located in the County of Santa Clara, and annexation to the City of Cupertino, located in the County of Santa Clara; c) Annexation to the Central Fire District of .2t acres that will be detached from the City of San Jose and annexed to the City of Cupertino, d) Change of Urban Service Area for that portion of Stevens Creek Boulevard to be detached from the City of San Jose and annexed to the City of Cupertino. WHEREAS, the Santa Clara County Local Agency Formation Commission, by Resolution No. 83-17 adopted the 13th day of April, 1983, has authorized the City of Cupertino to annex this uninhabited territory designated "Stern Avenue 82-l" and described in Exhibit "A" without notice, hearing or election in accordance with Section 56439.5 of the Government Code; and WHEREAS, annexation has no environmental impact on the area; and WHEREAS, the City Council finds that it is to the best interest of the City and of the territory proposed to be annexed that the territory be annexed without public hearing; and WHEREAS, the City of Cupertino will adjust the boundary agreement with San Jose; NOW, THEREFORE, BE IT RESOLVED that the territory described in Exhibit "A", attached hereto and made part hereof, is hereby annexed to the City of Cupertino and Central Fire Protection District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May 1983 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Gatto NOES: None ABSENT: Sparks ABSTAIN: None APPROVED: /a/ John M. Gatto Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk - 2 - STERN AVENUE 82-1 MUNICIPAL REORGANIZATION All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the intersection of the former northerly line of Stevens Creek Boulevard (formerly Stevens Creek Road), said point being 30 feet north of the existing monument line of Stevens Creek Boulevard, with the northerly prolonga- tion of the westerly line of "Tract No. 550, Loree Estates, Unit No. 2", as recorded in Book 22 of Maps, Pages 4 and 5, Santa Clara County Records, said Point of Beginning being along the boundary of the original City limits of the City of Cupertino; Thence N 89044'E, 911.4 feet more or less, along the former northerly line of Stevens Creek Boulevard (.formerly Stevens Creek Road), said line being along the original Cupertino City limits, to the southeast corner of Lot 1 of the Craft Estate Partition, as shown on the "Map of the Craft Estate Partition", recorded in Book "L" of Maps, Page 28, Santa Clara County Records, said corner being the common boundary of the original Cupertino City limits and the City of Santa Clara's annexation entitled "Tracy No. 11"; Thence Southerly, 45 feet more or less, along the southerly prolongation of the easterly boundary of said Lot 1 of said "Craft Estate Partition", said line being along said City of Santa Clara's annexation "Tracy No. 11", to a point on the center line of Stevens Creek Boulevard (90 feet wide) ; Thence N 89044'E, 385 feet more or less, along the center line of Stevens Creek Boulevard, said line being along said City of Santa Clara's annexation "Tracy No. 11" and the City of San Jose' annexation "Stevens Creek Boulevard No. 1" to its intersection with the centerline of Stern Avenue as shown on "Tract No. 1164", recorded in Book 42 of Maps, Page 22, Santa Clara County Records; Thence S 0023'00"E, 302.76 feet, along the centerline of Stern Avenue as shown on said "Tract No. 1164", a portion of said line being along the boundary of the City of San Jose' annexation "Doyle No. 2B", to the intersection of the easterly prolongation of the southerly boundary of Lot 4 as shown on said "Tract No. 1164", Thence S 89037'W, 135.00 feet, along said easterly prolongation and the southerly boundary of said Lot 4, to the southwest corner of said Lot 4; Thence N 0023'00"W, 258.05 feet, along the westerly boundary of said "Tract No. 1164", a portion of said line being along said City of San Jose' annexation "Stevens Creek Boulevard No. 1", . to the northeast corner of Lot 1 of "Tract No. 502, Loree Estates, Unit No. 1", recorded in Book 18 of Maps, Page 35, Santa Clara County Records; Thence from said corner, S 89044'W, 930 feet, along the southerly line of Stevens Creek Boulevard (formerly Stevens Creek Road), to the northeast corner of "Lands of Victor F. Corsiglia, et ux", as shown on "Tract No. 550, Loree Estates, Unit No. 2", recorded in Book 22 of Maps, Pages 4 and 5; Thence S 0023'E, 15.0 feet along that certain property described in the deed of right of way from A.G. Williams and Edwana Williams to the County of Santa Clara, recorded in Book 6476, Official Records, Page 117; Thence S 89044'W, 77.0 feet more or less along said right of way line, said line running parallel with the southerly sideline of Stevens Creek Boulevard; Thence N 0023'12"W, 15.0 feet along said right of way, to a point on the southerly sideline of Stevens Creek Boulevard; Thence S 89044'W, 154.2 feet along the southerly line of Stevens Creek Boulevard (formerly Stevens Creek Road) , to a point on the northerly prolongation of the westerly boundary of said "Tract No. 550", said point being along the original City limits of the City of Cupertino; Thence N 0023'12"W, 90.02 feet along the northerly prolongation of the westerly boundary of said "Tract No. 550", said line being along Cupertino's original City limits, to the Point of Beginning. Containing: 3.11 acres more or less. A.P.N. 375-11-49,50,51,52,53 THE For7GOING INSTPUAAENT IS A cor,, OF ME ORIGINAL CLLI:K, D Vi -D U U ' : /I ORS BY r, ,f /!AY ck rk f STERN AVENUE 82-1 MUNICIPAL REORGANIZATION All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the intersection of the former northerly line of Stevens Creek Boulevard (formerly Stevens Creek Road), said point being 30 feet north of the existing monument line of Stevens Creek Boulevard, with the northerly prolonga- tion of the westerly line of "Tract No. 550, Loree Estates, Unit No. 2", as recorded in Book 22 of Maps, Pages 4 and 5, Santa Clara County Records, said Point of Beginning being along the boundary of the original City limits of the City of Cupertino; Thence N 89044'E, 911.4 feet more or less, along the former northerly line of Stevens Creek Boulevard (formerly Stevens Creek Road) , said line being along the original Cupertino City limits, to the southeast corner of Lot 1 of the Craft Estate Partition, as shown on the "Map of the Craft Estate Partition", recorded in Book "L" of Maps, Page 28, Santa Clara County Records, said corner being the common boundary of the original Cupertino City limits and the City of Santa Clara's annexation entitled "Tracy No. 11"; Thence Southerly, 45 feet more or less, along the southerly prolongation of the easterly boundary of said Lot 1 of said "Craft Estate Partition", said line being along said City of Santa Clara's annexation "Tracy No. 11", to a point on the center line of Stevens Creek Boulevard (90 feet wide); Thence N 89044'E, 385 feet more or less, along the center line of Stevens Creek Boulevard, said line being along said City of Santa Clara's annexation "Tracy No. 11" and the City of San Jose' annexation "Stevens Creek Boulevard No. 1" to its intersection with the centerline of Stern Avenue as shown on "Tract No. 116411, recorded in Book 42 of Maps, Page 22, Santa Clara County Records; Thence S 0023'00"E, 302.76 feet, along the centerline of Stern Avenue as shown on said "Tract No. 1164", a portion of said line being along the boundary of the City of San Jose' annexation "Doyle No. 2B", to the intersection of the easterly prolongation of the southerly boundary of Lot 4 as shown on said "Tract No. 1164", Thence S 89037'W, 135.00 feet, along said easterly prolongation and the southerly boundary of said Lot 4, to the southwest corner of said Lot 4; Thence N. 0023'00"W, 258.05 feet, along the westerly boundary of said "Tract No. 1164", a portion of said line being along said City of San Jose' annexation "Stevens Creek Boulevard No. 1", to the northeast corner of Lot 1 of "Tract No. 502, Loree Estates, Unit No. 1", recorded in Book 18 of Maps, Page 35, Santa Clara County Records; Thence from said corner, S 89044'W, 930 feet, along the southerly line of Stevens Creek Boulevard (formerly Stevens Creek Road), to the northeast corner of "Lands of Victor F. Corsiglia, et ux", as shown on "Tract No. 550, Loree Estates, Unit No. 2", recorded in Book 22 of Maps, Pages 4 and 5; Thence S 0023'E, 15.0 feet along that certain property described in the deed of right of way from A.G. Williams and Edwana Williams to the County of Santa Clara, recorded in Book 6476, Official Records, Page 117; Thence S 89044'W, 77.0 feet more or less along said right of way line, said line running parallel with the southerly sideline of Stevens Creek Boulevard; Thence N 0023'12"W, 15.0 feet along said right of way, to a point on the southerly sideline of Stevens Creek Boulevard; Thence S 89044'W, 154.2 feet along the southerly line of Stevens Creek Boulevard (formerly Stevens Creek Road), to a point on the northerly prolongation of the westerly boundary of said "Tract No. 550", said point being along the original City limits of the City of Cupertino; Thence N 0023'12"W, 90.02 feet along the northerly prolongation of the westerly boundary of said "Tract No. 550", said line being along Cupertino's original City limits, to the Point of Beginning. Containing: 3.11 acres more or less. A.P.N. 375-11-49,50,51,52,53 4 WY z� � TGdeN�i GPSG� $Wv. F ui MAP" a1' -rl+>% I LOGA'Cloll MAF' IiRAGT ��'fA'f� PAi2'CI'('IG'� I yGAI.� ; I"= Z400' GUP�QTINv Gt'(�C L1MIT5 �) et-)'A�4TA CLAR,A CrNC Ur41T2 ( orztc,I t`IA� I N<-oRi'ofZAT1 o i.1 � 2T��� ►.IS GRtlo GK 5LVi3, — - - - - - - - - - - - - � �-- - - - - - - .1� C � "�a'[�\/: , -ii- I GU1Z'R�rl L1RP�Ar.I s� Gtr _ "' 15,0' N Vol vaviJDA �Q � � av�i;�i511 I� �� LI IT GiTT - 1,At lDS aF ap h� 1� 10 'M JKaI CiOfZS)C�LIA � � lU ���� lll 3 � titi �� Ii Q N APN:a'15-11-52 I� �O, 2 \7- to �g2 3, 1 1 ± AG - - - - URP5A.I 5ERV1GFi P�ISNIvAR`r A��>:�v,,-rlpN u�r����Y �'f�f�►-,1 AVE:,, 0 Z- I — — — — — — — cl-rY u M 1T ��>.��.►�ARt�s M U ICI I c..-I (�'A l.- K�'OK��/-�,N I ZAP IDN f C.l,' rr, of 1 ,,pertlno County Aatmnistrauui, ot,:,.n. 9 70 west Medding Street.Eagt .Ming San Jose, California 9 if County of Santa Clara 299-4321 Area Code 408 California • EXECUTIVE OFFICER'S CERTIFICATION OF SIGNATURES TO PETITION OF LANDOWNERS AND CERTIFICATE OF FILING The undersigned certifies as follows: I am the duly selected and acting Executive Officer of the Santa Clara County Local Agency Formation Commission. A petition entitled "Petition for-Amrexation/Retachment/Reorganization of Territor Involving The detachment o a portion o Stevens Cree Boulevard row t e it S n Jose an a Annexe ion o a arger ortion Stevenso„ a e F was filed with me on January 28 19 83 . Said petition .is signed by landowners and, pursuant to Sections 35110 to 35124/56150 to 56162, inclusive, Government Code, I have examined the petition. The results of my examination are as follows : 1 . All signatures on the petition were secured within six months of the date on which the first signature on the petition was affixed, and the petition was submitted for filing within 60 days after last signature was affixed. 2. Said petition was signed by all of the landowners owning land within the territory proposed to be annexed/detached/reorganized who also own all of the assessed value of land within such territory. 3 . The petition and supplemental application filed on this proposal contain all of the information and data required by Section 35110/56140 of the Government Code, and all the information and data requested by the Santa Clara County Local Agency Formation Commission. Based upon sych examination, it is HEREBY DETERMINED AND CERTIFIED that the petition is a sufficient petition and was signed by all of the owners of land within the territory proposed to be annexed/detached/reorganized and said petition is hereby being certified for filing on the date shown below. This petition will be considered at the May 11 19 83 meeting of the Local"Agency Formation Commission. Dated: February 28; 1983 LOCAL AGENCY FORMATION COMMISSION S A L L Y R E E D , xxzzm MXxxxzyM= Executive Officer bt /_. Ci S,c✓ y �:��t A _ 2XXk Z0 C ' Y R. ZARUS Assists Executive OffAcer 78-7a Property owner Petition - 100% Consent i ` TO: Santa Clara County Local Agency Formation Commission County Government Center, East Wing 70 West Hedding Street San Jose, CA 95110 Phone: 299-4321 PETITION FOR THE (MUNICIPAL) REORGANIZATION OF TERRITORY INVOLVING The detachment of a portion of Stevens Creek Boulevard from the City of San Jose and the Annexation of a larger portion of Stevens Creek Boulevard and 4 parcels fronting Stern Avenue to the City of Cupertino. tDescribe Nature Of Proposal) DESIGNATED AS "Stern Avenue 82-1" TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SANTA CLARA: The undersigned by their signatures hereon DO HEREBY REPRESENT, REQUEST AND PETITION as follows: (a) This proposal is made pursuant to the MuRleipal erganjeatie- • District commencing Act of 1965, conencing with Section 56000, Government Code. (b) The nature of the proposed (Municipal) reorganization and the names of all districts/districts and cities/cities for which any change of organization is proposed are as follows: The annexation of the hereinafter described territory to the City of Cupertino, together with the change in Urban Service Area Boundary from the City of San Jose to the City of Cupertino. (c) The principal act (or acts) of any new districts proposed to be formed or new city proposed to be incorporated is (are) : N/A (d) The territory proposed to be reorganized is uninhabited (insert "inhabited" or "uninhabited") . A description of the exterior boundaries of the territory (metes and bounds) proposed to be included therein is more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. (e) The reasons for this proposal are as follows: The owner wishes to obtain City services. 78-2 (f) It is deoed that the proposed (munioal) reorganization provide for and be made subject to the following terms and conditions: (g) Check whichever statement applies: Each of the signers of this petition in a resident-voter within the territory proposed for reorganization. % Each of the signers of this petition is a landowner within the territory proposed for reorganization. The undersigned proponent (s) own (s) 100% of the territory proposed for reorganization. (h) It is hereby requested that proceedings be taken for the (muni- cipal) reorganization hereinabove proposed. Assessor' s Parcel No. (u) Indicate Status or Election of Petiticner, i.e. Date of Signatures of Residential Address Precinct Resident-voter Signatures Petitioners of Petitioner (I) Number I or Landowner ell (u) - for proposals involving uninhabited territory (less than 12 registered voters) , or for landowner initiated proposals. (I) - for proposals involving inhabited territory (12 or more registered voters, or for resident-voter initiated proposals. 78-2 -2- 4 ; ; ; ' SUPPLEMENTAL APPLICATION FOR CITY OR SPECIAL DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION LOCAL AGENCY FORMATION COMMISSION County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 Commission Secretary - Phone 299-4321 Assistant Executive Officer - Phone 299-3191 This supplemental application must be completed in full and submitted with any petition or resolution of application to LAFCO for a change of or reorganization (multiple annexation (s) and/or detachment (s) ) made pursuant to .) or the District Reorganization Act of 1965 (Government Code Section 56000 et seq. ) . Please reference the separate information sheet for all LAFCO filing requirements. ENVIRONMENTAL STATUS OF PROPOSAL X The proposal involves annexation to a city and the city council adopted an ordinance prezoning the subject territory on January 18, 1989 Pursuant to Cal. Adm. Code Section 15065, therefore, the city as Lead Agency for the environmental review of this annexation has: determined that the annexation is categorically exempt from provisions of CEQA pursuant to Cal. Adm. Code Section (cite class exemption section) X 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. LAFCO is to be Lead Agency for the environmental review of the project and the Project Environmental Data required by the LAFCO Environmental Assessment Staff is attached to this application. (Environmental Staff phone 299-2521.) Proposal is categorically exempt from provisions of CEQA pursuant to Cal. Adm. Code Sectoion because GENERAL INFORMATION 1. Nature of Proposal : ------"-- ' ---`/Reorganization to/five"► The City of Cupertino DESIGNATED AS: "Stern Avenue 82 -1" proposal being made pursuant to: Municipal Organization Act of 1977 (Govt. Code 35000 et seq) X District Reorganization Act of 1965 (Govt . Code 56000 et seq) 78-3 PILING DEADLINE--5700 P.M. this office, last Wednesday of each month (for the LAPC meeting approximately 5 weeks hence) 2 . Location of proposed change of organization or reorganization: South side of Stevens Creek Boulevard (north,south, etc.) (street or road) "/between Stern Avenup and Finch Avenue 3. What is the chief reason for this proposal? Utilization of City Services 4. It is desired that the proposed annemat isn,lde`-- m /reorganization be made subject to the following terms and conditions (ref. Govt . Code Section 54790.1 and 56470) : CHARACTERISTICS OF THE AREA 5. Number of acres 3. 11 + Acres 6. Number of inhabitants 8 7. Number of registered voters 4 8. Number of dwelling units 1 9. a. What is the present use of the area (be brief, but specific) : R cidpntial b. Indicate the parcel numbers of those parcels, if any, which are under contract with the County under provisions of the Williamson Bill: .v/-4 c. What steps, if any, have been taken or are proposed to be taken to release the above parcel (s) from the contract? 10. a. For city annexations, what is the prezoning that has been applied by the city to the affected area (Note : Prezoning is a LAFCO filing requirement for city annexations) : P (Planned Development with Professional Office Intent) 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, 11. For city or district annexations, describe the development being proposed for the territory, if any, and when this development is expected to begin: Office Building lOR'E 12. 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 why LAFCO should �Pprove the boundary change as proposed: "V 4 -2- 13. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES_ NO s 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• N/A 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: N/A SERVICES 14. Is the territory proposed for a-- Eat -- ia -- /reorganization in the City or Districts urban service area? YES X NO 15. 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 for sewage disposal? 16. 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 �✓� $ /yr.for years. 17. List all cities, special districts (include all school districts) and County Service Areas located within the area contained in this propo- sal, (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 Union School District Fremont Union High School District Foothill Community College District For proposals made pursuant to District Reorganization Act, list all cities within 3 miles of the subject territory: City of Santa Clara, City of San Jose, City of Cupertino, City of Sunnyvale. -3- Is. For City annexati• made pursuant to MORGA, At those concurrent or future detachments from Special Districts which are proposed for this territory. N/A LANDOWNERS AND REGISTERED VOTERS 19. Please provide the information requested below: a. If the owners of land* within the proposed / reorganization consent to this proposal, each should show his/her consent by signing his/her name, address, and date below. (Sig- natures not required if proposal is initiated by property owner petition; put "see petition" on this line and type or print in names,) Assessor's parcel number, assessed valuation and certi- i�ion by Cityf^'�e Clerk must-.be added prior to filing. Hearing not required if 100% property owner consent is obtained. Signature Address Date Parcel **Assessed Number Valuation Nicholas A. S eno 1142 South t2Winchester �/'�/1Z7ra•� -� 375-11-49, 50, 51, 52, 53 S ,e/ Ln/ 4a Cp qkv $137, 784.00 ` Ronal G. Speno rnest'J. _ o Angela M -,emu 9 A,ve / r - Ernest �. S�eno and Angela M.� �peno .3S7f P .r/�y✓ �CSE (If additional space required, continue list on separate sheet and attach.) *"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 54797.1. CERTIFICATE OF CITY/•HflS CLERK (Required for 100% Consent Proposals) . I CERTIFY that I have checked the number of owners of property located within the ftrtn /reorganization proposed by this application and that the signatures above represent all of the owners of property included iH TM proposal. I FURTHER CERTIFY that pursuant to Government Code Section 35i5 /56261 the city/d-i of waives the requirement for written notice and gives consent for the Commission to make determinations on this proposal without notice or hearing. / Date. P3 6 GLss L9 City Clerk City/jq.g+V .et of Cupertino b. If owners of land within the proposed annexation/detachment/ reorganization do not consent to this proposal, list their names, addresses, parcel numbers and assessed valuation below. Signatures and dates not required. Hearing will be held for less than 100% consent applications. tame Address Parcel **Assessed Number Valuation (If additional space required, continue list on separate sheet and attach,) **Assessed values should be shown for land only for proposals made pursuant to DRA or for inhabited proposals made under MORGA; values for land and improvements should be shown for uninhabited city proposals made pursuant to MORGA. -4- c. 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 19a. and 19b. on page 4. ✓oter Name Address Voter Name Address N/A (If additional space required, continue list on separate sheet and attach) 20. Print or type the name and address of officer or persons, not to exceed three in number, who are to receive copies of the Executive Officer's Report and mailed Notice of Hearing (in addition to Chief Petitioners and the Clerk/Administrator of each affected city(s) or district (s) : Name Address (1) (2) (3) 21. 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. �[ � Travice Whitten, Assistant City Engineer /0,300 / 0,f l°f -54, 2� (Print name of person completing Address this application. Signature Date NOTE: It is a general LAFCO filing requirement that a copy of this appli- cation be filed with each school district shown on question #17 of this document if the proposal involves ultimate new residential development of five acres or more. It is the applicant 's responsi- bility to submit this information to the appropriate school district (s) and the signature above is considered verification that this filing requirement has been met. -5- GOLDEN STATE TITLE DIVISION of Commonwealth Land Title Insurance Company 41 North First Street, San Jose, California 95113-1290 (408) 998-4646 PRELIMINARY REPORT "SUBJECT TO A CANCELLATION CHARGE AS REQUIRED BY SECTION 12404 OF THE INSURANCE CODE 6 RULE 2 OF THE DEPARTMENT OF INSURANCE BULLETIN 74-2" Our No. : 3193b4 Your No. : Buyer SPEND In response to the above referenced application for a policy of title insurance, GULDEN STATE TITLE DIVISION hereby reports that it is prepared to issue, or cause to be issued by Commonwealth Land Title Insurance Company, as of the date hereof, a California Lana Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and stipulations of said policy form. This report (and any supplements or amendments thereto ) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired tnat liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated at 8 :00 A.M. , as of December 21, 1981 Escrow Officer: JAMES D, CASTAGNOLI The estate or interest in the land hereinafter described or referrea to covered oy this Report is: A Fee Title to said estate or interest at the date hereof is vested in: SEE EXHIBIT •A" ATTACHED At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: BDS/la PAGE 1 ESCROW NO. 319364 EXHIBIT "A" RONALD G. SPENO, as to Lot 1 of Parcel 1 ; NICHOLAS A. SPEND, as to an undivided 112 interest and RONALD G. SPENO, as to an undivided 1/2 interest, as to Lot 2 of Parcel 1 ; NICHOLAS A. SPENO, who acquired title as an unmarried man, as to an undivided 112 interest and ERNEST J. SPENO and ANGELA M. SPENO, his wife as community property, as to an undivided 1/2 interest, as to Lot 3 of Parcel 1 ; NICHOLAS A. SPENO, as to an undivided 1/2 interest and RONALD G. SPENO, who acquired title as a single man, as to an undivided 1/2 interest, as to Lot 4 of Parcel 1 ; NICHOLAS A. SPENO, who acquired title as a married man as to an undivided 11/24 interest and RONALD G. SPENO, who acquired title as an unmarried man, as to an undivided 8/24 interest and ERNEST A. SPENO, who acquired title as a married man, as to an undivided 5/24 interest, as to Parcel 2. PAGE 2 ESCROW NO. 319364 1 . Taxes, bonds and/or assessments (see Exhibit I attached) . 2. Right of way for water ditch as set out in that Agreement between Sorosis Fruit Company and Paul T. Goodloe, recorded December 11, 19US in Book 292 of Deeds, page 549, and reference is hereby made to the record for further particulars. 3. Easement for single line of electric transmission poles and wires and appurtenances thereto granted to Pacific Gas and Electric Company, recorded March 28, 1913, Book 397 of Deeds, page 460, and reference is hereby made to the record for further particulars. (Affects premises and other property) 4. Easement for pole lines and appurtenances thereto granted to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company by Deed recorded February 18, 1953 in Book 2583 Official Records, page 345, and reference is hereby made to the record for further particulars. ( Affects premises and other property) 5. Public utility easement over the Westerly 5 feet of the premises, as shown on the filed Map. ( Affects Parcel 1 ) 6. Covenants, Conditions and Restrictions in the Declaration of Restrictions. Said Covenants, Conditions and Restrictions do not provide for reversion of title in the event or a breach thereof. Restrictions, if any, based upon race, color, religion or national origin are deleted. Executed oy Stevens Creek Construction Cop,pany , a Corporation Recorded April 29, 1953 in Book 2630, Page 599, Official Records Which provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and for value. Reference is hereby made to the record thereof for further particulars. 7. A Deed of Trust to secure an indebtedness of the amount stated herein Dated November 23, 1965 Amount $11 ,300.00 Trustor ,4icnolds A. Speno, as to an undivided 1/2 interest, and Ronald G. Speno, as to an undivided 112 interest PAGE 3 ESCROW NO. 319364 Trustee s Continental Auxiliary Company, a California corporation Beneficiary : Bank of Anerica National Trust and Savings Association, a national banking association Recordea December 6, 1965 in Book 7200, Page 699, Official. Records Instrument Nu. 2970722 Branch s Valley Fair Branch, 2801 Stevens Creek Blvd. , San Jose, Calif. Loan No. ( Affects Lot 2 of Parcel 1 ) 8. A Deed of Trust to secure an indeeteuness of the amount stated herein Dated March 23, 1970 Amount f22,250.00 Trustor Ricnard A. Austin and Barbara M. Austin, his wife Trustee Bankers Land Investment Company, a corporation Beneficiary Bankers Mortgage Company of California, a corporation Recorded s March 31 , 1970 in Book 6874, Page 80, Official Records Instrument No. s 378mJ26 Branch 1141 Battery Street, San Francisco, California Loan No. The beneficial interest under said Deed of Trust was assignea To State Teachers' Retirement System Datea Recordea June 1 , 1970 in Book 8939, Page 11, Official Records ( Affects Lot v of Parcel 1 ) 9. A Deed of Trust to secure an inaeztedness of the amount stated herein PAGE u ESCROW NO. 3193b4 Dated July 15, 1975 Amount $23, 400.00 Trustor Nicholas A. Speno, an unmarried man and Ernest J. Speno and Angela Speno, husband and wife Trustee Imperial Corporation of America, a corporation Beneficiary Imperial Savings and Loan Association, a California corporation Recorded July 25, 1975 in BOOK B 520, Page 282, Official Records Instrument No. 1 5056214 Branch : Post Office Box 23036, San Diego, CA 92123 Loan NO. ( Affects Lot 3 of Parcel 1 ) 10 . The community interest, it any, of Maureen K . Speno, spouse of Ronald G. Speno, one or the vestees herein. ( Affects Lot 4 of Parcel 1 ) NOTE: THE FOLLOWING, IS FURNISHED FOR INFORMATION ONLY: Tne only conveyances aftectin4 Baia land recorded within six months prior to the date of this report are as tollows: Deea Datea December 14, 19131 From Mlnette Ornstein To Nicholas A. Speno, a married man as to an undivided 11/24 interest E Ronald G. Speno, an unmarried man as to an undivided 8/24 interest and Ernest A. Speno, a married man as to an undivided 5/24 interest &ecordea December 21, 1981 in BOOK G 510, Page 431, Official Records PAGE 5 ESCROW NO. 319364 SCHEDULE C The land referred to herein is described as follows: All that certain property situate in the County of Santa Clara, State of California, described as follows: PARCEL ONE: Lot(s) 1 , 2, 3 and 4, Tract No. 1164, tiled April 13, 1453 in Book 42 of Maps, at page( s) 22, Santa Clara County Records. PARCEL TWO: A portion of the Quito Rancho, described as follows: BEGINNING at the Northwest corner of Lot 1 of Tract No. 1164, Map of which was tiled April 13, 1953 1n Book 42 of Maps page 22; thence N. 00 234 W. along the Northerly prolongation of the Westerly line of said Lot 1, 15.05 feet to the Southerly line of Stevens Creek Boulevard, formerly Stevens CreeK Road , as shown on said Map; thence N. 840 44 ' 22" E. along said Southerly line, 85.04 feet ; thence along the arc of a tangent curve to the right having a radius of 20 feet, through an angle of 750 40' 1311, an arc distance of 26.41 feet to the Northerly line of said Lot 1 ; thence S. 890 44 ' 22" W. along said Northerly line, 104. 39 feet to the point of beginning. (ARE 4376-11-ilff, 49, 50, 51 E 520}-53 PAGE 6 ESCROW NO. 319364 EXHIBIT I 1 . General and special taxes for the fiscal year 1481-1982. Assessment No. 375- 11-050 Code No. b3-049 First Installment $224.02 plus $13.4u penalty, delinquent Second Installment 12iu.02 open Assessed valuation of personal property none Together with such additional amounts which may be assessed by reason of: (a) improvements added subsequent to March 1, 1975; ( 0) changes of ownership occurring subsequent to March 1 , 1475 ; (c) any final judgment determining that Constitutional Article XIII A has been applied improperly; (u) reappraisal of property values as of .March 1 , 1975. ( Affects Lot 1 of Parcel 1 ) 1. General and special taxes for the fiscal year 1981- 1982. Assessment No. 375-11-051 Code No. 63-049 First Installment $ 191.09 plus $11 . 47 penalty, delinquent Second Installment $191 .09 open Assesse❑ valuation of personal property None Toqetner with such additional dmounts which may be assessed by reason ot : (d ) improvements added subsequent to March 1, 1975; ( b) changes of ownership occurring subsequent to March 1 , 1975; Pay; 7 ESCROW NO. 319364 (c) any final judgment determining that Constitutional Article XIII A has been applied improperly; (d ) reappraisal of property values as of March 1 , 1975. (Affects Lot 2 of Parcel 1 ) 3. General and special taxes for the fiscal year 1981-1982, Assessment No. 375-11-052 Code No. b3-049 First Installment S249.09 plus E14. 95 penalty, delinquent Second Installment : 8249. 09 open Assessed valuation of personal property Hone Together with such adaitional amounts which may be assessed by reason of: (a ) improvements added subsequent to March 1, 1975; ( b) changes of ownership occurring subsequent to March 1, 1975; (c) any final judgment determining that Constitutional Article XIII A has been applied improperly; (d ) reappraisal of property values as of March 1 , 1975. ( Affects Lot 3 of Parcel 1 ) 4. General and special taxes for the fiscal year 1981-1982. Assessment No. 375- 11-053 Code No. 63-049 First Installment S308.01 plus t18.48 penalty, delinquent Second Installment $308.01 open Assessed valuation of personal property : None Together with such additional amounts which may be assessed by reason of: PAGE 8 ESCKU'W NO. 319364 (a ) improvements added subsequent to March 1 , 1975 ; ( b ) cnanges of ownership occurring subsequent to Marcn 1 , 1975; (c) any final judgment determining that Constitutional Article XIII A nas Deen applied improperly ; (d ) reappraisal of property values as of Marcn 1 , 1975. ( Affects Lot 4 of Parcel 1 ) 5. General and special taxes for the fiscal year 19ol- 1981. Assessment No. 375- 11-049 Code No. 63-098 First Installment $7. 33 paid Second Installment s $7.33 paid Assessed valuation of personal property None Together with such additional amounts which may be assessed by reason ot : (a ) improvements added subsequent to March 1, 1975; (D) changes of ownership occurring subsequent to March 1 , 1975; (c) any rinal judgment determining that Constitutional Article XIII A has been applied improperly; (d ) reappraisal of property values as of March 1 , 1975. ( Affects Parcel i ) PAGE 9 OFFICE o/ COUNTY - IISOR. . . . • .a ANTA CLAAA COU NTT. CALI/OANIA tllt r �0, /JI' I'.too' 9 P I 1 STERN AVE. TRACT Nt 1164 4 IA TRACT No 1004 1R S7 51 I 51 I 57 57 1 11 1 57 1 51 so I m I 50 I sr 1 At 1 61 1 S7 I is los efl 75'-..: iq: �0 I 01 11? 1 3t ie 137 I 26 1 .aT I SP 1 S9 I Q9 �/ I 19 I €4 1 0 I 0 I QI 1 ffP Ifl 3 fd 13 O Je I 1 t 1 S I 4 e 1 e I T 1 e 1 e I to I N I ; t i S i 4 1 e l e I T I a I 0a 1 sos m ... -... I_.T...��...��...TL�r.. I I i p i p 7 s II I le I m n I Isz1 zs I ze I n I za el _ I I I I I •f iy� V i !6 1 Y1 I v v -w i L i 19 dS i 79 i tl i Z6 i L* L� i� o ; 60, A 10 316 s5 n n 7s 75 75 1 73 1 75 1 7s 1 n 1 n 1 75 1 1 TRACT Nt 502 8 • PMDSOik18 BRET LOREE ESTATES--UN.Not AVE. 75I 7 '1 1 75 1 n 7 I 76 1 75 1 75 1 s5 w 1 I I I I I I I I I x•7 sst ssl w I I I I I i I I 1 I Jr.Sol sot to I Z,T I 2f Z9 I 'Y9 I 29 d/ w Sp• e 1 to It I♦ If Is to t: I 24 j ze ... r... � xs f sz - ' s —, 1 7s _... _ 1 �� —w jse I se 67 soZ 71 I e7 as 1 91 at: t I I I j d' d Ll j &T I /1 I L/ j 10 I ,B Q I I j Q Q t ,7 Y i� 1 I I 1 I F 1 j 1 I I 1 j 1 1 i I I 1 N u46 rse ILLJ 75 1 7s rs 1 75 rs 1 rs 1 n 75 n 1 75 1 75 1 76 L n ss TRACT Nt S50- LOREE ESTATES UN. N22 JUDY— ¢ AVE. r.lo7 sm • City of Cupertino NEGATIVE DECLARATION January 4, 1982 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on March 27, 1973, as amended, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on January 4, 1982. Project Description and Location Application 49-EA-81 Applicant: Nicholas A. Speno, et al Location: Southwest corner of Stevens Creek Boulevard and Stern Avenue Discretionary Action Request: Prezoning approximately - .58 gross acre from Santa Clara CountyR1 (Single- _ family Residential) zone to City of Cupertino P (Planned Development with professional office intent) \ zone; Use Permit to construct a 9,200 sq. ft. office 1 building and Annexation of said property into the City of Cupertino. Findings of Decisionmaking Body , The City Council granted a Negative Declaration since the project is consistent with the General Plan and has no significant environmental impacts. Oa�mes H. Sisk Planning Director This is to certify that the attached Negative Declaration was filed in the office of the City Clerk of the City of Cupertino on /- Ste- Date Cit Clerk / • • rha Jh GKL'f.K SW� a SI -fi�: z J Z j LDGATI,04 MAP GRaFt �s'CA'fG PAft�l't1oN ha�l.c; I"� 24cd L - M - 28 I i GI�P�R`fINO GI (Y Llt 11 f5 cjAs4-rA GLARA GI?`( Lt-Al19 (O}Zlc�I tilA�tr I rJ GO KPo�A'(1 o tN � �� \ � '\ �� � ��\ � 'V �, A � V ���� � �-t _� , � `• _ �� �`� \ _V � �'�" N S`1'44' � _385'' � 1 _ MGtiIUMcrlt ur�i✓ 'I ��$,v \ `�.���ft✓��.ls `�_f�>�GK � � L.�/D..� � �, � � �� ��, � ���h-r�v�t6 �o>ze �;.�� z 4.� t1NDA � s GNJ li5-IL I� 'aAN JLVS eni-T-f n ti- �y11 LI Ir o o g -� z In -- - - URP�Ar.I SEiZVIGFi P�'7tJr1�AFZ'( ArJ�I ,-n��N �oUrJ nA2Y �'�G�t� AN/',, OZ- 1 I.10\/�MFSER , I`18Z hGAL�: i"• loo' P I T g C 0 CITY OF SAN DOSE, CALIFORNIA q J 801 N. FIRST F r CITY HALL ANNEX hApP \ RM.400 CITY PLANNING November 24, 1982 CRY OF CUPERnNO PUBLIC WORKS NOV 2 91982 Mr. Bert J. Viskovich Director of Public Works City of Cupertino P. 0. Box 580 Cupertino, CA 95015 Attention: Ms. Lavinia Millar Re: Detachment of a Portion of Stevens Creek Blvd. Dear Mr. Viskovich: In response to your previous request, the San Jose City Council adopted Resolution #56065 consenting to the detachment of a portion of Stevens Creek Boulevard at Stern Avenue. A certified copy of said Resolution is enclosed. Please note that the consent to the detachment is contingent upon the City of Cupertino acknowledging that the existing storm drain the Stevens Creek Boulevard has limited capacity and that appropriate mitigation measures should be undertaken as the area serviced by said storm drain gradually annexes to the City of Cupertino and redevelops. A map showing the critical area is enclosed. If you have any questions, please call me at 277-4576. Sincerely, CATHY BAULA Staff Analyst II CB:jo Encls. 3I • • JRS :se 11/16/82 RESOLUTION NO. 56065 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE CONSENTING TO THE DETACH14ENT OF A CERTAIN PORTION OF STEVENS CREEK BOULEVARD, AS DESCRIBED HEREIN, TO THE CITY OF CUPERTINO AND TO CONCURRENT URBAN SERVICE AREA AND SPHERE OF INFLUENCE BOUNDARY ADJUSTMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE: WHEREAS, the City of Cupertino desires to annex a certain portion of real property situate at the southwest corner of Stern Avenue and Stevens Creek Boulevard pursuant to a previously approved prezoning action by such City; and WHEREAS , it is necessary for a certain portion of Stevens Creek Boulevard be detached from the City of San Jose and annexed to the City of Cupertino for said annexation to proceed; and WHEREAS , the Directors of Public Works and Planning Departments have submitted their written reports recommending this Council to consent to such detachment and concurrent urban service area and sphere of influence boundary adjustment subject to acknowledgment by the City of Cupertino that the existing storm drain in Stevens Creek Boulevard has limited capacity and that appropriate mitigation measures should be undertaken as the area serviced by said storm drain gradually annexes to the City of Cupertino and redevelops; and WHEREAS, such real property herein above mentioned is more particularly described in Exhibit "A" , attached hereto and incor- porated herein by reference; NOW, THEREFORE: 1. This Council hereby consents to the detachment of that certain real property described in Exhibit "A" attached hereto and to the annexation of such real property to the City of Cupertino and further consents to the concurrent urban service area and sphere of influence boundary adjustments . -1- • • Res. 56065 :JRS:se 11/16/82 2. That such consent is contingent upon the City of Cupertino acknowledging that the existing storm drain in Stevens Creek Boule- fard has limited capacity and that appropriate mitigation measures should be undertaken as the area serviced by said storm drain gradually annexes to the City of Cupertino and redevelops. 16th November 1982 ADOPTED this day of r by the following vote: AYES: ALVARADO, FLETCHER, IANNI, LEWIS, RYDEN, SAUSEDO, WILLIAMS AND HAYES NOES : NONE ABSENT: BEALL, ESTRUTH, McENERY TANET GRAY HAYES MAYOR JANET GRAY HAYES MAYOR ATTEST: HELEN E. JACKSON HELEN E. City Cler4 CITY CLERK The forgoing instrument is a correct copy of the original on file in this office. Attest, HELEN E. JACKSON City Cierk of me City of San Jos% Cow of Santa Clara,Cllara, State of California. BY�....................... ` ....... Deputy -2- _ 1 r n ORnIdAGd MCA Oepe,pnR g r a I ��• v n � VReM 4WIJAGL ARL� `"�-� a c,rr o sa,v rofed : TM ........ .. .. . .1.....A....... SHOPPIN CE R hw000 /(« CUPERTINO .. 1 QItV Ot 14J lea yT / eta v.1 n n e , PI — r�'r' t yr' 4 y CJ J1 f L t d ° ... 1 w A SEN OR. :•: ° a ly ra r`lio d D,. NIGH SCHOQ E! ,% r -fy I, v• '� II 3: a a b _ ' p •n� , I I 3: —• , l • � t I O p LL L II Idd ] It I n '� •1• L r v •' Lo• ; IlO 3. 15 Of Ned I W 11 Y el. of o J i - • 10 J _ iEDG CHOOL - , ...,.... ., G::1 r,...... 12 �. r " ELE ENTARY - I e T ,coo12. s iZ 1 � � 4• v (1r1 � • � I M ,D , 1\•1 ,r . + • es. 56065 PROPOSED DISH IEX4TION FROM THE CITY OF S_2 JOSE All that certain real property situate in the Cit? of San Jose, Cocaty of Santa Clara, State of California, more particularly described as follows - Bzginning at the intersection of the northerly prolongation of the westerly line of Tract No. 1164, which cap was recorded in the Office of the Couety Recorder, Couat•: of Santa Clara, in Book 42 of ;taps, at Pa.ge 22, wica thz centerline of Stevens Creel, Boulevard, as it formerly existed, 90 feet wide, said Point of Beginning bein- the cost northwest corner of that ce-Lzi-_ an- nexation to .the City of San Jose entitled, "Stevens Creet, Bouleva;d So_ Thence along the cow noa boundary of said annexation and said nortaerly prolongation, S 0' 23' E, 60 feet; Thence easterly, 135 feat more or less, along. the coon boundar= of tlte: southarl} sideline of Stetem_s C=eat, Boul2._rd, 120 feet wide, and said annexation "Stevens Creek Boulevard _:o. 1", to a point on the centerline of Stern Ava-u=_, 60 feat wide; said point being on the bo_e-ary of that certain annex•=_s-n to the City of San Jose entitled "7oyle No_ Thence N 0' 23' '+:, 60 feet, aloa3 said boundary of "Doyle No. 2- aad its northerly prolongatioa, to a point on the centerline of Stever= Creek Boulevard, 90 feet wide, as it fnr--erly existed, said point also on the `rtherly csoundary - - - of said annz;;ati_,= ,'otevens Crze� Boulevard ::o. 1"; Thence 4:23teL1''%, 133 =eat —re o- less, to the Point of Baginninz_ - Containing. 0.2 Acres, more or less. PROPOSED DISANNEXATION FROM THE CITY OF SAN JOSE All that certain real property situate in the City of San Jose, County of Santa Clara, State of California, more particularly described as follows: Beginning at the intersection of the northerly prolongation of the westerly line of Tract No. 1164, which map was recorded in the Office of the County Recorder, County of Santa Clara, in Book 42 of Maps, at Page 22, with the centerline of Stevens Creek Boulevard, as it formerly existed, 90 feet wide, said Point of Beginning being the most northwest corner of that certain an- nexation to the City of San Jose entitled, "Stevens Creek Boulevard No. 1"; Thence along the common boundary of said annexation and said northerly prolongation, S 0° 23' E, 60 feet; Thence easterly, 135 feet more or less, along the common boundary of the southerly sideline of Stevens Creek Boulevard, 120 feet wide, and said annexation "Stevens Creek Boulevard No. 1", to a point on the centerline of Stern Avenue, 60 feet wide, said point being on the boundary of that certain annexation to the City of San Jose entitled "Doyle No. 2-B' ; Thence N 0° 23' W, 60 feet, along said boundary of "Doyle No. 2-B" and its northerly prolongation, to a point on the centerline of Stevens Creek Boulevard, 90 feet wide, as it formerly existed, said point also on the northerly boundary of said annexation "Stevens Creek Boulevard No. 1"; Thence westerly, 135 feet more or less, to the Point of Beginning. Containing : 0.2 Acres, more or less. I U D'( AV t. I I '- I P�1�E7 Ate . � I Z 0 T R q c-T 1 I 4Z 1� M Z Z �o¢ �N I� h.� N � X� =7 •1 4,• Yt�1��1•� -•�` Citq of CWper""o City of Cupertino 10300 Torre Avenue Cupertino, Colilornio 95014 (408) 252-4505 TRANSMITTAL MEMORANDUM DATE: October 12, 1982 TO: City of San Jose Planning Department PROJECT: Disannexation - 801 North First Street Stevens Creek Blvd. San Jose, CA 95110 ATTENTION: Kathy B. FILE NO. S9_ 2.q We are enclosing the following: Plat, description _ negative declaration for disannexation on Stevens Creek Boulevard at Stern Avenue, per telecon with Lavenia 'Ullar. Comments: CITY OF a PERTINO G -)�Q +'V� Assistant City Engineer 124:ch PROPOSED DISANNEXATION FROM THE CITY OF SAN JOSE All that certain real property situate in the City of San Jose, County of Santa Clara, State of California, more particularly described as follows: Beginning at the intersection of the northerly prolongation of the westerly line of Tract No. 1164, which map was recorded in the Office of the Countv Recorder, County of Santa Clara, in Book 42 of Maps, at Page 22, with the centerline of Stevens Creek Boulevard, as it formerly existed, 90 feet wide, said Point of Beginning being the most northwest corner of that certain an- nexation to the City of San Jose entitled, "Stevens Creek Boulevard No. 1"; Thence along the common boundary of said annexation and said northerly prolongation, S 0' 23' E, 60 feet; Thence easterly, 135 feet more or less, along the common boundary of the southerly sideline of Stevens Creek Boulevard, 120 feet wide, and said annexation "Stevens Creek Boulevard No. 1", to a point od the centerline of Stern Avenue, 60 feet wide, said point being on the boundary of that certain annexation to the City of San Jose entitled "Doyle No. 2-3' ; Thence N 0' 23' S7, 60 feet, along said boundary of "Doyle No. 2-B" and its northerly prolongation, to a point on the centerline of Stevens Creek Boulevard, 90 feet wide, as it formerly existed, said point also on the northerly boundary of said annexation "Stevens Creek Boulevard No. 1"; Thence westerly, 135 feet more or less, to the Point of Beginning. Containing 0.2 acres, more or less. W&G I••4 Ya.Y irv. January 4. 1982 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on Harch 27, 1973, as amended, the following described project was granted -& Negative Declaration by the City Council of the City of Cupertino on January 4, 1982. Project Description and Location Application 49-EA-81 applicant: Nicholas A. Speno, et al Location: Southwest corner of Stevens Creek Boulevard and Stern Avenue Discretionary Action Request: Prezoning approximate:v .58 gross acre from Santa Clara County R1 (Single- family Residential) zone to City of Cupertino P (Planned Development with professional office ir.tr. t) \ zone; Use Permit to construct a 9,2'M sq. ft. ,'"i_e building and Annexation of said property into the city of Cupertino. Findings of Decisiorcaking 3cdy The City Council granted a Negative Declaration since the project is consistent with the General Plan and has no significant environcental impacts. Oar= s H. Sisk Planning Director This is to certify that the attached Negative Declaration was filed in the office of the City Clerk of the City of Cupertino on /- .S- Date k Cit Cler , 6� -�F GtJt�K T I I.lo GI'CY LIMITS ,AI4TA GtAK C-17Y LIMI S - WC'stCRL I�7h� �o� — n hi SArJ Jo7� GIT� L I M I S i � "9DYL `9 N � I CS �1�Pa-�G-1� "D 15,4rJ til E�:kT l vrl �1 City of CWperti"o 10300 Torre A,enue P.O.Box 580 C Cupertino,California 95015 Cupertino,California 95014 Telephone:(408)252-4505 April 27, 1982 OFFICE OF THE DIRECTOR PUBLIC WORKS City of San Jose Planning Department, 4th Floor 801 North First Street San Jose, California 95110 Attention: Joan Taylor The City Council has approved a development at the southwest corner of Stern Avenue and Stevens Creek Boulevard. In order for the developer to proceed, it is necessary for him to annex to the City of Cupertino. In checking the city_ boundary, it appears it would be necessary for San Jose to relinquish a small section of Stevens Creek Boulevard to the City of Cupertino as shown on the attached diagram. We would like to get your approval to proceed with this relinquishment. If you have any questions, please call. CITY OF CUPERTINO Bert J. Viskovich Director of Public Works Travice Whitten Assistant City Engineer TW:sm encl. 1 A I T g G a CITY A SAN DOSE, CALIFOAIA S q p_ • q W 801 N. FIRST F : CITY HALL ANNEX � a v v RM.400 CITY PLANNING January 26, 1982 •' . -vr ` MR. JIM SISK Director of Planning City of Cupertino 10300 Torre Avenue Cupertino, CA. 95014 Dear Mr. sk: On January 12, 1982, the San Jose City Council denied a requested storm sewer connection for a proposed development on the southwest corner of Stevens Creek Boulevard and Stern Avenue. This denial was based, in part, on Cupertino's indicated willingness to annex the property (October 15, 1981 letter from Steve Piasecki) . In addition, the Council indicated its willingness to permit disannexation of that portion of the Stevens Creek Boulevard right-of-way immediately adjacent to the property in conjunction with its annexation by Cupertino. If, when Cupertino requests annexation of LAFCO for the corner parcel , you also request the reorganization of the street riqht-of-way, the City of San Jose will not oppose the request. The City Council also directed staff to negotiate with the City of Cupertino for a joint use and maintenance agreement prior to authorizing a connection to San Jose' s storm sewer system. Don Uyeda, from our Public Works Department, will be contacting your Public Works staff to begin preparation of the agreement. I am glad we have been able to resolve this situation in a manner satisfactory to both Cities, and look forward to working with you and your staff in the future. Sincerely, GARY J. SCHO NNAUER Director of Planning cc: Kent Dewell David Boggini J. Van Sambeek GJS:MY:Isr