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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
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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✓
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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
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• 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 /
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CITY OF SAN DOSE, CALIFORNIA
q J 801 N. FIRST
F r CITY HALL ANNEX
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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
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. + • 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
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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 ,
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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
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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
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