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89,295 Byrne Avenue 90-01 (Hall) j,295 Dennis Hall _ 10104 Byrne Avenue • F • off/ • CITY OF CUPERTINO • RECEIPT • • No. 5 55 5 • �"� DATE AtJ 3 19 • FROMRECEIV EDUefl lllS HQI � ADDRESS !(D M k TEE" �t Ja,rta Cr d Z CA 7,l" (00 CASH CMEfI( NONEV �� ORDER • DOLLARS CENTS • /inne o �2G L DO • • 1 - 45/-S06 • • v\R- • • REEE�VEU even K ie�u� L 5� '' � • R. SYL CN'WN BUSM ZSVSTEI.lS.WNNWAU LP i1.1 ! • 89,a95• RESOLUTION NO. 8105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DEPE MIN TIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "BYRNE AVENUE 90-01", APPROXIMATELY 0.38 ACRE LOCATED ON THE EAST SIDE OF BYRNE AVENUE BETWEEN HERMOSA AVENUE AND GRANADA AVENUE; HALL (APN 357-16-044 - 10104 BYRNE AVENUE) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.38 acre on the east side of Byrne Avenue between Hermosa Avenue and Granada Avenue (APN 357-16-044) has been filed with the City of Cupertino; and WHEREAS, on March 19, 1990, the City Council adopted Resolution No. 8060 initiating pings for annexation of the area designated "Byrne Avenue 90-01"; and WHEREAS, said territory is uninhabited and all owners of laid included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Byrne Avenue 90-01," more particularly described in Exhibit "A"; -1- RESOLIMON NO. 8105 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.38 acre. b. That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy annexing when providing City services. C. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the envirormient, and previously approved the granting of a Negative Declaration. d. The City Council on June 4, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino R1-7.5 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the City urban service area as adopted by the Local Agency Formation Commission. 9. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the Proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j . That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 1. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. -2- RESOLUTION NO. 8105 M. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is herby ordered without election pursuant to Section 35151 et seq. of the Government Code. 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16rh day of April 1990, by the following vote: Vote Members of the City Council AYES: Koppel, Sorensen, Szabo, Rogers NOES: None ABSENT: Goldman ABSTAIN: None ATTEST: APPRWED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino -3- BYRNE AVENUE 90-01 (HALL) All that certain real property situated in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the northwest corner of lot 52 as shown on that certain map entitled, "Map of the Subdivision "A" Monte Vista", which map was filed for record in the office of the Recorder of Santa Clara County on April 11, 1917 in Book "P" of Maps, Page 20; said corner being along the boundary of that certain annexation to the City of Cupertino entitled "Byrne Ave. 82-04"; Thence East 100.15 feet along the northerly boundary of said Lot 52; Thence South 88.30 feet. Thence East 50.08 feet to a point along annexation "Hermosa 88-09" Thence South 50.00 feet to the Southwest corner of said annexation "Hermosa 88-09"; Thence West 150.23 feet to a point along said annexation "Byrne Ave. 82-049; Thence North 138.30 feet along said annexation "Byrne Ave. 82-04" to the Point of Beginning. Containing: 0.38 acres, more or less APN: 357-16-44 CAR I BIT If 1 • a /\ EVENS CREEK BLVD IL�J a GRANADA a a RERMOSA 0 SITE LOW TA 1AMITA N W 2 > ALMADEN m wa FERNAN00 Y LOCATION MAP SCALE ["=1000 y" S c� a QP t I 5 I I �04 0 I 1 __ 1 I 1 1 I P O.B. 1 C 1 I W I EAST 100.15' > 1 I 1 Q I 1 -o 1 N IONO � 0 LOT 52m I 0Ljj Ouj .3BOC.= EAST I = t a ' 1 I I APN357-16-44� I I HERMOSA AVE WEST 150.23 L--, } I m 1 I � t I I I i I PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED 'BYRNE AVE 90-01" "EX i iT B" FEB 1990 SCALE 1 .100 County of Santa Clara c�11Nr� Department of Planning and Development Office of the County Surveyor County Government Center,last Wing 70 West Heddin$Street S -'- San Jose.California 951 10 (408)299-2871 ,A CV March 2, 1990 PUBLIC WokKS Dorothy Cornelius, City Clerk MAR 5 1990 City of Cupertino P.O.Box 580 Cupertino, CA 95015 The attached map and description of territory proposed to be annexed to the City of Cupertino entitled BYRNE AVENUE 90-01 is in accordance with Government Code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Commission's road annexation policies. JAMES F. SIRR, Manager/County Surveyor by ii A0. i/r CGS M. D. Marcott, Deputy Attachment cc: LAFCO Executive Officer (w/attachment) bearmen Lynaugh, Engineering Department Board of Supervisors:Susanne Wilson,Zoe Lofgren,Ron Gonzales,Rod Diridon.Dianne McKenna County Executive:Sally R.Reed BYRNE AVENUE 90-01 (HALL) All that certain real property situated in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the northwest corner of lot 52 as shown on that certain map entitled, "Map of the Subdivision "A" Monte Vista", which map was filed for record in the office of the Recorder of Santa Clara County on April 11, 1917 in Book "n" of Maps, Page 20; said corner being along the boundary of that certain annexation to the City of Cupertino entitled "Byrne Ave. 82-04"; Thence East 100.15 feet along the northerly boundary of said Lot 52; Thence South 88.30 feet. Thence East 50.08 feet to a point along annexation "Hermosa 88-09" Thence South 50.00 feet to the Southwest corner of said annexation "Hermosa 88-09" ; Thence West 150.23 feet to a point along said annexation "Byrne Ave. 82-04" ; Thence North 138.30 feet along said annexation "Byrne Ave. 82-04" to the Point of Beginning. Containing: 0.38 acres, more or less APN: 357-A-44 4kTEVENS CREEK BLVD U_IJ J a GRANAOA w � .[ 2 HERMOSA SITE LOM ITA LOMITA N Z � ALMADEN N m FERNANDO SpN LOCATION MAP SCALE I"=1000' .�P QC� I � o1°�� I C,•Q I 1 �Oo I 1 �PQ I I I 1 ' P.O.B. I ro t I LaI I Q � EAST 100.15 I Q I � 1 I � I 1 ACV 1 0 LOT 52 m 10 I t 1 I 1 0.380C.= W N EAST 1 = 1 a I ' 50.0Bi 0 1 w APN 357-16-44 0 1 } WEST 150.23 IA L2_ .� HERMOSA AVE I ml t � I I I t t I PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED BYRNE AVE 90-01" FEB 1990 SCALE I =100 STEVENS CREEK BLVD 4 7 J GRANADA a ¢ a HERMOSA O SITE LOMITA LOMITA N W Z y ALMADEN m FERNANDO SpN LOCATION MAP P SCALE I"=1000' 5� J� I 1 I 5 I I �p4 0 I I 1 1 � 1 P.O.B. I C I I I I � I EAST 100.15' wQ 1 I co m LOT 52 m 1 jl 0.38OC.-' 8 EAST 1 = 1 1 Q 1 50.082 0 1 ! 1 APE 357-16 23 5 i HERMOSA AVE wE57 150.23 L�� J 1 m 1 1 1 1 1 I 1 1 1 PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED BYRNE AVE 90-01" FEB 1990 SCALE I =100 89,as5 BYRNE AVENUE 90-01 (HALL) All that certain real property situated in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the northwest corner of lot 52 as shown on that certain map entitled, "Map of the Subdivision "A" Monte Vista", which map -was filed for record in the office of the Recorder of Santa Clara County on April 11, 1917 in Book "P" of Maps, Page 20; said corner being along the boundary of that certain annexation to the City of Cupertino entitled "Byrne Ave. 82-04"; Thence East 100.15 feet along the northerly boundary of said Lot 52; Thence South 88.30 feet. Thence East 50.08 feet to a point along annexation "Hermosa 88-09" Thence South 50.00 feet to the Southwest corner of said annexation "Hermosa 88-09"; Thence West 150.23 feet to a point along said annexation "Byrne Ave. 82-04"; Thence North 138.30 feet along said annexation "Byrne Ave. 82-04" to the Point of Beginning. Containing: 0.38 acres, more or less APN: 357-16-44 89J TO: R. G. McMillan VALLEY TITLE COMPANY PRELIMINARY REPORT XXX300 South First Street-San Jose,95113(408)292-7150 -605 Castro Street-Mountain View,94040(415) 968-4427 -2354 Alum Rock Avenue-San Jose,95116(408) 251-8500 -10625 South De Anza Boulevard-Cupertino,95014(408)253-7630 -14526 Camden Avenue-San Jose,95124(408)377-7911 -1930 South Bascom Avenue-Campbell,95008(408)371-7891 PROPERTY ADDRESS: ESCROW NO. 10104 Byrne Avenue Cupertino, CA 202377 (SH) Dated as of January 8, 1990 at 7:30 a.m. In the event of cancellation,a minimum charge of$200.00 will be made. If the escrow has not closed within 90 days from the date hereof,cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue orcause to be issued,as of the date hereof,a Policy or Policies 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.Copies of the Policy forms should be read.They are available from the office which issued this report. THIS REPORT(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OFA POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OFA POLICYOFTITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Standard Extended Coverage Coverage 1. California Land Title Association Standard Coverage Policy 0 2. American Land Title Association Owner's Policy 0 0 3. American Land Title Association Residential Title Insurance Policy 0 0 4. American Land Title Association Loan Policy 0 0 5. Other r 0 • z�377 page 1 SCHEDULE A 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2 . TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DENNIS R. HALL, a single man 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CUPERTINO AND IS DESCRIBED AS FOLLOWS: LOT 52 , as shown on that certain Map entitled, "Map of the Subdivision "A" Monte Vista" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California , on April 11, 1917 in Book "P" of Maps, at page 20 . • 2077 page 2 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1 . The lien for property taxes for the fiscal year 1989-1990 securing : a. Amounts currently assessed under Assessor ' s Parcel No. 357-16-44. Code 63-079 . (Property tax on $7000 . 00 of full cash value exempt . Home Exemption) 1 . First Installment $153 . 39 has been paid 2 . Second Installment $153 .39 a lien and payable b. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3 . 5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1, 1975 . 2 . The right of the public to use as a roadway so much of the herein described premises lying within the bounds of Hermosa Avenue and Byren Avenue, formerly Buena Vista Avenue. 3 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Pacific Gas and Electric Company (No representation is made as to the present ownership of said easement) Purpose: right of way for single line of poles, and wires, with necessary crossarms, braces, etc. Recorded: September 27 , 1922 Book 559, Page 522 , of Deeds. Affects: right of ingress and egress along the Southerly line (Cont ' d on next page) 202377 page 3 4 . A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount : $21 , 000 . 00 Dated: May 20, 1971 Trustor : James F . Petterson and Mary F. Petterson, his wife Trustee: Realty Incorporated , a California corporation Beneficiary: The Colwell Company, a corporation Recorded: May 28 , 1971 Book 9349 , page 492 of Official Records . An assignment of the beneficial interest under said deed of trust which names As Assignee: First Federal Savings and Loan Association of Burlingame Recorded: October 6 , 1971 Book 9533 , Page 717 , of Official Records . 5 . A Notice of Building Violation pursuant to Santa Clara County Ordinance Code Section C1-76, recorded June 10, 1988 in Book K566 at page 372 , Official Records. THE RECORDS DISCLOSE THE FOLLOWING LIEN AGAINST PARTIES HAVING SAME OR SIMILAR NAME AS VESTEE. INQUIRY SHOULD BE MADE TO ESTABLISH THE IDENTITY OF THE PARTIES: 6 . A tax lien for the amount shown and any other amounts due, in favor of the State of California. Amount: $944 . 34 Filed by: State of California Franchise Tax Board Taxpayer : D. Hall Soc. Sec. No. : 560-04-5379 Certificate No. : 87265-004214 Recorded : October 1 , 1987 Book K313 , Page 128 , of Official Records . END OF SCHEDULE B NOTE 1 : Notice is hereby given that Indorsement Number 126 . 1 will not be attached to any policy issued pursuant to this report . (Cont' d on next page) • 20377 page 4 NOTE 2 : If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts . The mandatory hold period for cashier ' s checks , certified checks and teller ' s checks is one business day after the day deposited . Other checks require a hold period from three to seven business days after the day deposited. NOTE 3 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows : NONE ( no short term) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1968 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;III)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the tend is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the Inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown bythe public records but which could be ascertained by an inspection of the land orwhich may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. S. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. Reorder Form No.12168 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-21-87) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-21-87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' lees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances, or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(if)the character,dimensions or location of any Improvement now or hereafter erected on the land;Ili)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part:or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien Or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice o1 the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by th,insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or crealcd subsequent to Date of Policy;or is) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. in addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to ' water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. 1 i AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-21-87) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10.21.87) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'lees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances, or regulations)restricting, regulating,prohibiting or relating to(!)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location o1 any improvement now or hereafter erected on the land;(III)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the lend is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 8. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the Insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the exceptions in Schedule 8,you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4.Failure to pay value for your title. 5.Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Fy v v V O Q 0 r Z V o w 1 Fy a a I VALLEY TITLE COMPANY 300 SOUTH FIRST STREET, SAN JOSE 292.7150 ALUM ROCK BRANCH CUPERTINO BRANCH j 2354 ALUM ROCK AVE. 10625 DE ANZA BLVD. SAN JOSE, CA 95116 CUPERTINO,CA 95014 PHONE 251.8500 PHONE 253-7630 i PRUNEYARD BRANCH MOUNTAIN VIEW BRANCH 1930 SOUTH BASCOM AVE. 605 CASTRO STREET CAMPBELL, CA 95008 MT. VIEW, CA 94040 PHONE 371.7891 PHONE 968-4427 I Locally Owned and Operated j PROMPT, EFFICIENT, AND COURTEOUS TITLE AND ESCROW SERVICE I VTC 21 Ir _ . .. ._ :..ifi�.a,:.:.*:sL'O•i�O.ieS90Lrfit�""�'s_ . .., .. . . .. •iio„ i.�w;ai}3=.,yam. 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D /24 ___ 99.4� 70.69 a o so 3e.+2 N 90.82 ---- ------------- h IW 1 �a - -- 21 I - N- 24 - ]] 88.42 IOD O 07 V d• M-�4I: ' 1 Gat O m q C a m % 50 71 n gM KLA 36 46 66 72/0 9 l PCL. nO23 74 4G� 76(n ' /02 P(L.2 %: - � 49' 0 8 dryA $ 9 I « 8F�C1981,2 I ,.4M,i.m 59Qh O 8842 I 00 aa� n 144G+I1 -.b- Z O Z ....... 7az 9BazAK CT o9ME 3 a " Y PATRICIAN 48 al W%W % 68 N 39 xs 42 O 0/ ° e.42 Y 82 Z ^ qN 22 49 71 I W --- 5 0 Z G9 y 14 66 el H Q /09 fL'o 47 69 ti 0 4< I ____ 1 lee.42 - h Wa I- I 8.42 -- N 0 w g 8/ 3 a` c"' 34.ed'I f 1 2 I C7 ----t--------- N -- -- --- r_-- J 4 65 mAoI -- 96 -- 50i 51 1 52 40 68 69 70 .° �•I I40 80 2/ cl 20 70 45 44 o a - 2 d O9 46 98 P, 79 e 5 o I 1"9/ Igo I - II \ �g 71.07 G1.13 1 31 I 31 144.94 I I 90.02 100.12 I 98.30 90.82 1 66.14 641a 66.14 X=/547/34 \ .„ /p-np .Ct132 /0042 /005? ��B 10090 10104 10/40 l0L`d 6B I _O/nlBO Y- " = BYRNE- - - AVENUE -.4 N TRACTN26574 TRACT N°67f7 X=/547/46 REF II PATRICIAN TOWNHOUSES II Y`-TOO 714 ti CILy or Copprlino NI:CA'I'1VIS I E.CLARA'HON• May 21 . 19Ri1 An provided by I hp RlivJ runmt'nl n l Asstim..len1 I'rot•v(lurp, adopted by I be (:i l v Council of Ihp City of Cupprl iuu on March '7/, 1971, nn ampnded , thin Inllnwinl: dpsrrlhed prujprl was granted a Nvgot Ive Ilerinralinu by the Clly Council of the City of Copvrlinn on May 71 , 1911/1. I'rn je('t Uonrr ipl inn and Lurnl. iuu Appl irnl ion 4-1•:A-11/i Appl lrant Lily ..I Cop(•rl inn (Illd Moul :l Vinla nrvn) Loral Ion: Crnel':II Iv hounded by Crnnado Avenov I lht• on, tIt, IinpuI I+iI Avenoe to Ihv past , thCIvIlan Rood Io lh(• ::oolb and by tl,e womlel I boondary of the Illavkberry F.II Ill (:oi l Courst. I n I Ile weal . hi:_rrellon:n'y Arl)ino ptloplit : I'reznne and n•zon(• approximately 97 arrps wilhhl the (Ild Munla VIr,LI area lit ItI -II (Rpm Idenl I a I Sinp•le-family) , RI -7. 5 (Residbril ial 81"gie-f:nnllv) , P (Planned Uevelupmpnl wiLh a Resid(•nlinl 4 .4-12 dwelling imps per gross acre) , P (I'Inuord Dovrlolnupnl will, a Resitienl ial 4 .4-7. 7 dwvllinp• "nits pvr p•ros:l nrre) , P (PIaonrd Uevt•lupmvnl with 1.])t111 I Ill (IsIIlaI nod Rvo: idt.III la I ) , V O'Innnvd II,•vplopmenl with Ay.rIcoIIore/kerl-vaI IonaI ) . and IR) (1'ul.lit linlldilly) zoo mg districts. Vialdings nl_ Derisinnnutkinf•. Wuly- 1111. City Council granLvd a Nrp•:II ive I)rrlarai ion since IW prnjrrl Is r"itsisit•ol will, the Cenpral flan and ha:: no siRnil i(•:n i environnionlal Itlglnrls. Jin lamps ll. Sisk 10 Vlannln); Dirvrlor This is to certify that the above Negative Declaration was riled in the office of the City Clerk of the City of Cupertino on May 22, 1904. n �2�� eputy City Clerk B9,a9s ti Initial Study City of Cupertino Environmental Assessment Procedures E. A. File Number(s) 4-HA-H4 Application File Numbers) 1-2.-84 Date February 27, t984 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their potential impact on the environment. This worksheet is intended to provide guidance for both you, the applicant, and City officials in assessing a proposed project to determine whether it may or may not have a significant impact on the environment. If, based upon the information provided below, the City makes a determination that your project may have a significant impact on the environment, you will be required to prepare an Environmental Impact Report as provided by State law and the City of Cupertino 's Environmental Assessment requirements. Detailed information regarding the environmental assessment procedure is avail- " able from the Director of Planning and Development. Part I Information to be completed by the Applicant Project Type (Pre)Zoningl ,X Tentative Map u Other Use Permit Variance Old MunLa Vista Area genera 17=0unces y rana a veneer ue to the'nor T 'Imperial Location Avenue to the east, McClellan Road to the sc ch and by the westerly boundary of the Blackberry Farm Coll course o ie wes . Applicant City of Cupertino Address of Applicant 10300 Torre Avenue, Cupertino, CA 95014 Phone (408) 252-4505 General Description of Project Prezone and rezone the above areas to zoning districts consistent with the General Plan. The nroicor site contains approximately 97 acres. Rev.7/8/80 . -1- 1 Description of Project (cont 'd. ) Specific Details of the Project 1. Size of Site NSA 2. Intensity of Development (a) If residential: (1) Number of units per gross acre (2) Residential Unit Schedule : Owner- No. of Size Estimated Total Rental ship Bedrooms Sq.ft. Sales Price ( Number Unit type 01 Unit type 02 Unit type 03 Unit type 04 Unit type 05 TOTAL (3) Percentage in area of building coverage Percentage in area of recreational open space (4) Parking required Parkin g proposed (b) If commercial, industrial, or institutional: (1) Building square footage (2) Percentage of building coverage of site (3) Estimate of maximum number of employees per shift (4) Parking required Parking proposed -2- Ouestions Related to Potential ImDact of Pro I ect A. Social/Cultural Impacts : Yes lfavbe No (1) Will the proposed project result in the dis- placement of people? x (2) Will the project alter the employment base of the community? X (3) Will the project alter the housing needs of the community? X (4) Does the proposed project affect a historical or archaelogical site? X (Note 1) B. Physical Impacts : (Page 4) (1) Will the project result in a change of a natural body of water, vegetative cover, or land form? X (2) Will the project result in a change in a scenic view or vista from existing residential area or public lands or roads? X (3) Will the project change the development pattern, scale or character of general area of project? X (4) Will the construction and/or operation of the " project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? X (S) Will the project result in a change in stream or ground water quality or quantity or altera- tion of existing drainage patterns? X (6) Will the project substantially change existing noise or vibration levels in the vicinity? X (7) Is the project site on filled land or on slope of 1OZ or greater? X (8) Does the project involve the use or disposal of potentially hazardous materials such as toxic substances, flammable or explosive? X (9) Is the project a phase of an existing or future larger project or series of projects? X -3- r Description of the Environmental Sett 'n Provide the following information on a separate attachment: (1) Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural , historical or scenic aspects. Describe any existing structures on the site, and the use of structures. A plot plan may be required for the description. (2) Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commer- cial, etc.) , intensity of land use (one-family, apartment houses, shops, department stores, etc. ) , and scale of devel- opment (height, frontage, set-back, rear yard, etc. ) . CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my ability, and that the facts, statements, and information pre- senced are true and correct to the best of my knowledge and belief. Date�11{ 2 e l J`�>4 = (Signature) For L=;K b!< l-cI eO211,Vo (1 ) The 'project site is comprised of exlstlnp,, urban development including a acre golf course and picnic ground recreation complex. The entire area has general historic value. A few structures m y have greater historical value as separate entities. The recreation complex is located in Lhe 100-year eveaL flood plan for Stevons Creek. (2) The project area is bordered by the Old konta Vista Commercial District to the north, by the Went Valley Industrial Park to the east and by single-family residential neighborhoods to the south and west . -4- Part 11 Information to be completed by City Officials A. Primary General Plan Considerations: Yes Mavbe No (1) Is the project in violation of the City of Cupertino's adopted General Plan? (2) Will the project burden public utilities and services? (a) Fire and police services x (b) Parks and recreation system x (c) Schools x (d) Water system x (e) Sever system x (f) Storm system x (g) Solid waste x (3) Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa Clara County Local Agency Formation Commission? x B. Social/Cultural Impacts: (1) Will the proposed project result in the dis- placement of people? x (2) Will the project alter the employment base of the community? x (3) Will the project alter the housing needs of the community? x (4) Does the proposed project affect a histori- cal or archaelogical site? x (5) Will the proposed project eliminate an existing recreational use at the project site? x (6) Does the proposed project decrease public access to any public body of water or recrea- tional area? x (i) Will the proposed project alter the location, distribution, density or growth rate of the human population of an area? x -5- (8) Will the project result in: Yes Mavbe No (a) The disturbance of a natural or man-made I eature in the project area which is unique? X (b) The obstruction of a scenic vista open to the public? X C. physical Impacts: (1) Will the proposed project result in the exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? X (2) Will the proposed project result in: (a) Unstable earth conditions or changes in geologic substructures? X (b) Disruptions, displacements, compaction or overcovering of the soil? X (c) Change in topography or ground surface relief features? X (d) The destruction, covering or modifica- tion of any unique geologic or physical feature? X (e) Any increase in wind or water erosion of soil, either on or off the site? X (3) Will the proposed project result in: (a) Substantial air emissions or deterioration of ambient air quality? X (b) The creation of objectionable odors? X (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X (4) Will the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X (b) Alterations to the course or flow of flood waters? X (c) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X -6- • Yes Mavbe ;Io (d) Alteration of the direction or rate of flow of ground water? X (e) Change in the quantity of ground waters, either through direct additions or with- drawals , or through interception of an aquifer by cuts or excavation? X (f) Substantial reduction in the amount of water otherwise available for public water supplies? X (g) Exposure of people or property to water- related hazards such as flooding or tidal wave. X (5) Will the proposed project result in: (a) Change in the diversity of species, or number of any species of plants (including trees, shrubs , grass, crops, and aquatic plants? X (b) Reduction of the numbers of any unique, rare or endangered species of plants? X (c) Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X (d) Reduction in acreage of any agricultural crop? X (e) Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X (f) Reduction'of the numbers of any unique, rare or endangered species of animals? X (g) Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X (h) Deterioration to existing fish or wildlife habitat? X (6) Will the proposed project result in: (a) Increase in existing noise levels? X (b) Exposure of people to severe noise levels? X (7) Does the proposed project significantly affect the potential use extraction or conservation of a scarce natural resource such as agricultural land, a mineral deposit, or woodland? -7- Yes Mavbe No (8) Will the proposed project involve the use, storage, or disposal of hazardous materials? (9) Will the proposed project result in: (a) Use of substantial amounts of fuel or energy? X (b) Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X (10) Will the proposed prcleut result in: (a) Generation of substantial additional vehicular movement? X (b) Effects on existing parking facilities, or demand for new parking? X (c) Substantial impact upon existing transporta- tion systems? X (d) Alterations to present patterns of circula- tion or movement of people and/or goods? X (e) Alterations to waterborne, rail or air traffic? X (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X (11) Mandatory Findings of Significance: (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure into the future.) X -8- Yes Mavbe No t (c) Does the project have impacts which are Individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the cocal of those impacts on the environment is significant. ) x (d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x Discussion of Environmental Evaluation (Note: Use additional sheets if necessary. ) Determination: On the basis of this initial evaluation, the Environmental Review Committee finds: _I That the proposed project COULD NOT have a significant effect on the environ- ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION. n That, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described on an attached sheet have been added to the project. It is recommended that A NEGATIVE DECLARATION BE PREPARED. �i That the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date / �anEnvirinmental Review Committee IL For C. , -9- Santa Clara County Local Agency Formation Commission Ph. : (408 ) 299-4321 County Government Center - 10th Floor, East Wing 70 West Hedding Street San Jose, CA 95110 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petition(s) the Local Agency Formation Commission of Santa Clara County for approval of a proposed change of organization or reorganization, and stipulate (s) as follows : 1 . This proposal is made pursuant to Part 3 , Division 3 , Title 5 of the California Government Code (commencing with Section 56000, Cortese-Knox Local Government Reorganization Act of 1985 ) . 2 . The proposed change of organization or reorganization is designated as : BYRNE AVE. 0-01 and consists of : consolidation of special districts formation of new special district incorporation _X annexation to CITY OF CUPERTINO detachment from (name City/District) of 0.38± (number of ) acres on the E (n/s/e/w) side of Byrne Ave. (Street/Avenue) between Hermosa Ave. (Street/Avenue) and Granada Ave. (Street/Avenue ) ; and ( if applicable) _ annexation detachment of the same to/from (name City(ies )/District(s ) ) 3 . A metes and bounds description of the exterior boundaries of the terri- tory( ies ) included in the proposal , marked Exhibit A. and a map of said territory( ies) , marked Exhibit B. are attached to this petition and by this reference incorporated herein. 4 . The territory to be organized/reorganized is : _ inhabited. ( " inhabited" = 12 or more registered voters ) X uninhabited . 5 . This proposal X is consistent with the Sphere of Influence of the is not affected city and/or district(s) . 6 . The reasons (s) for the proposed Annexation (annexation, detach- ment , reorganization, etc . ) is/are : To procure City Services. 7 . It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions : N/A 8 . The person(s) signing this petition has/have signed as (check one) : X owner (s ) of land within the affected territory. registered voter ( s) within the affected territory. 9 . The undersigned proponent (s ) X do own 100% of the territory pro- do not posed for change of organiza- tion or reorganization. B9,a 9s LAFCO: Petition -2- 10 . If the formation of new district(s) is included in the proposal , the principal act(s) under which said district(s ) is/are proposed to be formed is/are: N/A 11 . If an incorporation is included in the proposal , provisions are re- quested for appointment of : _ City Manager City Clerk and City Treasurer Wherefore , petitioner (s ) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq . of the Government Code and herewith affix signature(s) as follows : CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Assessor ' s Election name below Street Address Parcel or Precinct Date signature . ) City/State/tin No . * No . ** 1Q �,1�17�[j�rw!rL�t�..�Pi L'N 1J1 5 12. I-1A l'•- Phone : (_) CJV�rtr�ut Ch-- Phone : wo ), 7 - Phone : (_) * - For proposals involving uninhabited territory or for landowner- initiated proposals . ** - For proposals involving inhabited territory or for resident-voter initiated proposals . Rev. l/l/86 Santa Clara County LAFCO Ph . : (408 ) 299-4321 - Sec ' y County Government Center - 10th Fl . , E. Wing (408 ) 299-4716 - Exec . 70 West Hedding Street, San Jose, CA 95110 Officer SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted , in original and 5 conies , with any petition or resolution of application to LAFCO for a change of organization (annexation or detachment) or reorgani- zation (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sec . 56000 et seq . ) PROPOSAL DESIGNATION: Byrne Ave_ 90-07 Annexation ) De-tac-nm2nt ) t0/f-r-&m­ THE CITY OF CUPFRTTNO Reorgani-za+4,o� (City or Spec .District) ENVIRONMENTAL STATUS OF PROPOSAL X The City of Cupertino as Lead Agency for environmental review (Name of City/District ) of the project , has already Preynned (prezoned? other approval action? ) the territory on rune 4 1984 and in compliance with CEQA, has : (date) determined that the annexation is categorically exempt from pro- visions of CEQA pursuant to Cal .Adm. Code Sec . (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 pro- ject and the completed Environmental Information Form required by LAFCO environmental assessment staff is attached to this applica- tion. (Environmental staff phone: (408 ) 299-2521 . ) Proposal is categorically exempt from provisions of CEQA pursuant to Cal . Adm. Code Sec . because CHARACTERISTICS OF THE AREA 1 . Number of acres 0.38 ± Ac. 2 . Number of inhabitants 0 3 . Number of registered voters 0 4 . Number of dwelling units 1 5 . a . What is the present use of the area (be brief, but specific) : Residential b. Indicate the parcel numbers of those parcels, if any, which are under contract with the County under provisions of the Williamson Act : c . What steps , if any, have been taken or are proposed to be taken to release the above parcel (s ) from the contract? FILING DEADLINE : 5 : 00 p .m. on the first Wednesday of the month, for LAFCO hearing on the second Wednesday of the following month. f 6 . a . For city annexations , what is the prezoning that has been applied by the city to the affected area (Note : Prezoning is a LAFCO fil- ing requirement for city annexations ) : R1-7_h b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the city? YES NO X If YES, indicate the new zoning which will be sought. 7 . For city or district annexations, describe the development being pro- posed for the territory, if any, and when this development is ex- pected to begin. N/A B . Do the boundaries of the subject territory conform to lines of assessment and ownership? YES X NO If NO, please explain the reason for non-conformity and provide justification for LAFCO' s approving the boundary change as proposed : 9 . Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES NO X If YES, answer the following questions : a . Number of acres in the island, corridor or strip? ( If more than one island is being created , indicate the acreage of each island . ) d . Number of inhabitants? c . Assessed value? d . Land use and zoning in island, corridor or strip? e . Describe present and proposed sewer and water services in island: f . Does the proponent request waiver of restriction against creation of an island? YES NO If YES , explain why creation of an island is justified . SERVICES 10 . Is the territory proposed for annexation/A 6AW#KE37� f f� 3�6?ixin the City or District ' s urban service area? YES _� NO 11 . If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES NO X If YES , what arrangements will be made to provide sewage disposal? 12 . Will the extension of sewerage and/or water services or the construc- tion of any public improvements to the affected territory be financed by the formation of a special assessment district? YES NO X If YES, describe service(s ) or improvement (s) and the average cost per resident/landowner of the district. Service/improvement : Cost : $ /yr . for _ yrs . $ /yr . for _ yrs . Sunni . Anal. - 2 13 . List all cities , special districts , ( including school districts ) and County Service Areas located within the area of this proposal . (Ex- clude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone , and Water Importa- tion. ) (Refer to County Tax Rate Code Book for this information) : CUPERTINO ELEMENTARY SCHOOL DISTRICT CUP_ERTINO SANITARY DTSTRTCT FREMONT HIGH S .HOO . DTSTRT -T MID PENINSULA OPEN SPACE. DTSTRTCT FOOTHILL. COMMUNTTY COT.T.Frp.. DTSTRTCT For changes in organization of Districts , list all cities within 3 miles of the subject territory: 14 . For city annexations , list those concurrent or future detachments from Special Districts which are proposed for this territory. LANDOWNERS AND REGISTERED VOTERS 15 . Please provide the information requested below: a . Owners of land* within the proposed annexation/detachment/reor- ganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses , with date, below. (Signatures not required if proposal is initiated by property-owner petition; put "see petition" below and type or print in names , addresses , etc. ) Assessor ' s parcel number , assessed land (not improvements ) valuation, and, if 100% property-owner consent has been obtained , certification by City/ District Clerk , must be added prior to filing . Hearing not re- quired if 100% property owner consent is obtained . Assessed Signature Street Address/ Parcel Value of Date (Print name below) City/State/Zip Tel .No . No . Land SEE PETITION 10104 Byrne Ave. 357-16-44 W.177 Dennis R. Hall Cupertino. CA ( If additional space required , continue list on separate sheet S 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 agree- ment of sale, any person shown therein as purchaser , and any public agency owning land . " Government Code Section 56048 . CERTIFICATE OF CITY/DISTRICT CLERK (Required for 100% Consent Proposal ) I CERTIFY that I have checked the number of owners of property located within the annexation/ TxttmgBx 5:txjwxttwlij:n proposed by this applica- tion and that the _ (number) signatures above represent all of the owners of property included in this proposal . I FURTHER CERTIFY that, pursuant to Government Code Section 56839 , the City/District waives the requirement for written notice and gives consent for the Commission to make determinations on this proposal without notice or hearing. Date : City/J)&x1x mct Clerk City/District of (Seal ) Suppl . Appl . -3 b. Owners of land within the proposed annexation/detachment/reor- ganization who do not consent to this proposal should be listed by name, address , parcel number and assessed land valuation below. Signatures and dates not required . Hearing will be held for less-than-100%-consent applications . Assessed Street Address Parcel Value of Name City/State/Zip No . Land ( If additional space required , continue list on separate sheet & attach. ) C . FOR NOT-l00t-CONSENT PROPOSALS, list all registered voters resid- ing in the territory proposed for annexation/detachment/reorgani- zation if different from the landowners shown in 15a . and 15b. above . Street Address Street Address Name City/State/Zip Name City/State/Zip ( If additional space required, continue list on separate sheet and attach) 16 . Print or type the name and address of officers 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 the Clerk/Administrator of each affected city or district): Street Address Name City/State/Zip ( 1 ) (2 ) ( 3 ) 17 . 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 10300 Torre Avenue (Print name of person complet- Cupertino, CA 95014 ing this application) (Address) (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 #13 of this document if the proposal involves ultimate new residential development of five acres or more . It is the applicant ' s responsibility to submit this information to the appropriate school district (s ) and the signature above is considered verification that this filing requirement has been met. Suppl . Appl . - 4