89,296 Orange Ave 90-2 Terry Brown _89,296 ORANGE AVENUE 90-2
Terry Brown
t
i
6
t
• ` CITY OF CUPERTINO •
• RECEIPT •
• No. 54 •
DATE / Z 3 19 Q 0
RECEIVED
FROM fl ^
ADDRESS 21 Gfa�C1 AYf
• CASH CNE MONEY •
ORDER
DOLLARS cEn15
Ci 0�Cuptr4in
• �10 9o-z z30 00 •
• I10 - 451 - S06 •
ial BI Ian z o0
• RECEIVEDBY
RE
5Etl1 CROWNMMiN6SSSYSrtMS.SUNNYVALE.CP.9Y/MYc6�/ '�C
RESOLUTION NO. 8124
A RESOII7i'ION OF THE CITY COUNCIL OF THE CITY OF CUPEP DNO
MA= CATIONS AND APPROVING THE ANNM=CN OF TERRTIURY
DESIGNATED "ORANGE AVENUE 90-02", APPMXn-M t 1.73 ACRES rDC=
ON THE EAST AND WEST SIDES OF ORANGE AVENUE BETWEEN GRANADA
AVENUE AND ALMADEN AVENUE; BROWN (APNS 357-17-048,
49, 77, 78, 79, 357-15-12 - 21761 ICb= AVENUE,
21771 LCMM AVENUE, 10130 ORANGE AVENUE,
10120 ORANGE AVENUE, 10216 ORANGE AVENUE)
WHEREAS, a petition for the annexation of certain territory to the
City of Cupertino in the County of Santa Clara consisting of 1.73 acres on
the east and west sides of Orange Avenue between Grenada Avenue and
Almaden Avenue (APNs 357-17-048, 49, 77, 78, 79, 357-15-12) has been filed
with the City of Cupertino; and
WHEREAS, on April 2, 1990, the City Council adopted Resolution No.
8079 initiating proceedings for annexation of the area designated "Orange
Avenue 90-02"; and
WHEREAS, said territory is uninhabited and all owners of lard included
in the proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that
the Iocal 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 lard 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, M=`ORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. 7hat it is the conducting authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Orange
Avenue 90-02," more particularly described in Exhibit "A";
-1-
RESOLUTION NO. 8124
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
1.73 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 environment, 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.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the bouidaries of the
proposed annexation to be definite and certain, and in compliance
with the Comnission's road annexation policies. The City shall
reimburse the County for actual casts 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
comm lion for inclusion of the territory in the city's urban
service area.
-2-
RESO=ON NO. 8124
M. That the territory to be annexed is contiguous to existing City
limits under provisions of the Govenmwnt 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 4th day of June 1990 the
following vote: � �
Vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
—3—
ORANGE AVENUE 90-02
( N)
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the northeast corner of Section 61 as shown on that certain
map entitled "MAP OF SUBDIVISION "A" MDNTA 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 "HERMOSA
71-12";
Thence EAST, 30.00 feet along said annexation 'HERMOSA 71-12" to a point
along the easterly boundary of Lot G, Block 4, as shown on that certain
map entitled, "Map of Resubd vision of Subdivision No. 1, Town of Monta
Vista", which map was filed for record in the Office of the Recorder of
the County of Santa Clara, State of California on April 11, 1917 in Volume
P of Maps, at Page 24;
Thence NORTH, 121.36 feet along said annexation "HERMOSA 71-12" to a point
being the southwest corner of that certain annexation to the City of
Cupertino entitled "GRANADA 73-4" said point also being the northwest
corner of Lot E, Block 4 of said map;
Thence EAST, 135.00 feet to the southeast corner of said annexation
"GRANADA 73-4" said point also being the northeast corner of Lot E, Block
4;
Thence SOUTH, 275.00 feet to the southeast corner of Lot K, Block 4;
Thence EAST, 130.00 feet to the northwest corner of that certain
annexation to the City of Cupertino entitled "C[M 72-4" said point also
being the southeast corer of Lot M. Block 4;
Thence SOUTH, 60.00 feet along the westerly boundary of said annexation
"CUVA 72-4" said point also being the northeast corer of Lot D, Block 9;
Thence WEST, 265.00 feet to the northwest corner of Lot A, Block 9;
Thence SOUTH, 385.70 feet to the southwest corner of Lot J, Block 9, said
point also being along that certain annexation to the City of Cupertino
entitled "ALMADEN 80-13";
Thence WEST, 30.00 feet to a point conmion to said annexation "ALMADEN
80-1311, and the easterly boundry of that certain annexation to the City of
Cupertino entitled "ORANGE 87-02";
Page 1 of 2 i
a .:
ORANGE AVENUE 90-02
(BROWN) Continued
Thence NORTH, 129.16 feet to a point along the westerly riot of way line
of Orange Avenue as shown on said map entitled "Map of Subdivision "A"
Monta Vista";
Thence WEST, 105.15 feet to a point being along the easterly boundary of
said annexation "AINADEN 80-13";
Thence NORTH, 40.12 feet;
Thence EAST, 105.15 feet to the northeast corner of lot 95;
Thence NORTH, 430.06 feet to the Point of Beginning.
containing 1.73 acres, more or less.
APN 357-17-48, 49, 77, 78, 79
357-15-12
Page 2 of 2
STEVENS CREEK BLVO
! I GRANADA 73-4-1
I
I GRANADA J�
+ W
+1 I N NERMOSA ?
LOMTA
.' h 5 !3 i LOMITA
z m ALMADEN
SRC
Y. FERNAN00
sr
NERMOSA AVE LOCATION MAP
— —
Po B E r SCALE I ■1000
LOT (al
y0
��JQ Q P� o EAST /30.00
LOMITA AVE
0 T, 6 .0 I
cuVA r
o�cvQ�Z L
LOMITA AVE W
o 0J
r z
vi W
� 0
EAST 105.15 N
N = Q
{�
WEST 105.15
!n
"ALMADFN
8 0- 13'
'ORANGE
S'l-02"
'0 PROPOSED ANNEXATION
— TO THE
CITY OF CUPERTINO
ENTITLED
ORANGE AVE 90-02
w MAR 1990 SCALE 1"•100'
(BROWN)
County of Santa Clara 0U[v
Department of Planning and Development
Office of the County Surveyor
county Government Center,last Wing -
70 West Hedding street
San Jose,California 95 110(409)299-2871 CV��
March 21 , 1990
Dorothy Cornelius, City Clerk PUBLIC WORKS
City of Cupertino MAR 2 3 1990
P.O.Box 580
Cupertino, CA 95015
The attached map and description of territory proposed to be
annexed to the City of Cupertino entitled ORANGE AVE 90-02 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
M. D. Marcott, Deputy
Attachment
cc: LAFCO Executive Officer (w/attachment)
Kevin Rieden, Public Works Department
Board of Supervisors:Susanne Wilson,Zoe I i dgren.Icon Gonulcs,Iiod Dindon,Dianne McKenna
County Executive:Sally R.Reed
ORANGE AVENUE 90-02
( )
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the northeast corner of Section 61 as shown on that certain
map entitled IMP OF SUBDIVISION "A" MONIA 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 "HERMOSA
71-12";
Thence EAST, 30.00 feet along said annexation IHERMSA 71-12" to a point
along the easterly boundary of Lot G, Block 4, as shown on that certain
map entitled, "Map of Res bd vision of Subdivision No. 1, Town of Monta
Vista", which map was filed for record in the Office of the Recorder of
the County of Santa Clara, State of California on April 11, 1917 in Volume
P of Maps, at Page 24;
Thence NORTH, 121.36 feet along said annexation "HEEMSA 71-12" to a point
being the southwest corner of that certain annexation to the City of
Cupertino entitled "GRANADA 73-4" said point also being the northwest
corner of Lot E, Block 4 of said map;
Thence EAST, 135.00 feet to the southeast comas of said annexation
"GRANADA 73-4" said point also being the northeast corner of Lot E, Block
4;
Thence SOUTH, 275.00 feet to the southeast corner of Lot K, Block 4;
Thence EAST, 130.00 feet to the northwest corner of that certain
annexation to the City of Cupertino entitled "CUVA 72-4" said point also
being the southeast corner of Tot M, Block 4;
Thence SOUTH, 60.00 feet along the westerly boundary of said annexation
"CUVA 72-4" Nair.; point also being the northeast corner of Tot D, Block 9;
Thence WEST, 265.00 feet to the northwest corner of Lot A, Block 9;
Thence SOUTH, 385.70 feet to the southwest corner of Lot J, Block 9, said
point also being along that certain annexation to the City of Cupertino
entitled "ALNADEN 80-13";
Thence WEST, 30.00 feet to a point c==n to said annexation "ALMADEN
80-1311, and the easterly boundry of that certain annexation to the City of
Cupertino entitled "ORANGE 87-02";
Page 1 of 2
ORANGE AVENUE 90-02
(BR%N) Continued
Thence NORTH, 129.16 feet to a point along the westerly riot of way line
of Orange Avenue as shown on said map entitled "Map of Subdivision "A"
Monta Vista";
Thence WEST, 105.15 feet to a point being along the easterly boundary of
said annexation "AIMADEN 80-1311;
Thence NORTH, 40.12 feet;
Thence EAST, 105.15 feet to the northeast corner of Lot 95;
Thence NORTH, 430.06 feet to the Point of Beginning.
Containing 1.73 acres, more or less.
APN 357-17-48, 49, 77, 78, 79
357-15-12
Page 2 of 2
STEVENS CREEK BLVD
GRAM 73-4"
' GRANADA J
s
N Q W
f h _ _ _ _ NERMOSA Z
LOMITA
1 < 5 13 w LOMITA
m ALMADEN
4LLSITI:
d FERNANDO
NERMOSA AVE sP
LOCATION MAP
P.O.B� E T ,Dtip SCALE I ■1000
�P LOT (ol
�0
P �0
EAST /30.00 _ ' —
LOMITA AVE
CUVA r
LOMITA AVE
Lu
� o �
V) Lu
4
EAST lo5.15 N
wFsr 1o5.15
ALMADF�N
80- 13 '
"ORANGE
8-1-o?
T
30 D0 PROPOSED ANNEXATION
- TO THE
CITY OF CUPERTINO
ENTITLED
ORANGE AVE 90-02
MAR 1990 SCALE I"*i00'
(BROWN)
ORANGE AVENUE 90-02
( )
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the northeast corner of Section 61 as shown on that certain
map entitled "MAP OF SUBDIVISION "A" MONPA 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 "IIlMSA
71-12";
Thence EAST, 30.00 feet along said annexation 'HERMOSA 71-12" to a point
along the easterly boundary of Lot G, Block 4, as shown on that certain
map entitled, "Map of Resubdivision of Subdivision No. 1, Town of Monta
Vista", which map was filed for record in the Office of the Recorder of
the County of Santa Clara, State of California on April 11, 1917 in Volume
P of Maps, at Page 24;
Thence NORTH, 121.36 feet along said annexation "HERMOSA 71-12" to a point
being the southwest corner of that certain annexation to the City of
Cupertino entitled "GRANADA 73-4" said point also being the northwest
corner of Lot E, Block 4 of said map;
Thence EAST, 135.00 feet to the southeast corner of said annexation
"GRANADA 73-4" said point also being the northeast corner of Lot E, Block
4;
Thence SOUTH, 275.00 feet to the southeast corner of Lot K, Block 4;
Thence EAST, 130.00 feet to the northwest corner of that certain
annexation to the City of Cupertino entitled "CUVA 72-4" said point also
being the southeast corner of Lot M, Block 4;
Thence SOUTH, 60.00 feet along the westerly boundary of said annexation
"CUVA 72-4" said point also being the northeast corner of Lot D, Block 9;
Thence WEST, 265.00 feet to the northwest corner of Lot A, Block 9;
Thence SOUTH, 385.70 feet to the southwest corner of Lot J, Block 9, said
point also being along that certain annexation to the City of Cupertino
entitled "ALMADEN 80-13";
Thence WEST, 30.00 feet to a point common to said annexation "ALMADEN
80-13", and the easterly boundry of that certain annexation to the City of
Cupertino entitled "ORANGE 87-02";
Page 1 of 2
8% �9Co
ORANGE AVENUE 90-02
(BROWN) Continued
Thence NORTH, 129.16 feet to a point along the westerly right of way line
of Orange Avenue as shown on said map entitled "Map of Subdivision "A"
Monta Vista";
Thence WEST, 105.15 feet to a point being along the easterly boundary of
said annexation "ALMADEN 80-13";
Thence NORTH, 40.12 feet;
Thence EAST, 105.15 feet to the northeast corner of Tot 95;
Thence NORTH, 430.06 feet to the Point of Beginning.
Containing 1.73 acres, more or less.
APN 357-17-48, 49, 77, 78, 79
357-15-12
Page 2 of 2
g��9lP
• STEVENS CREEK BLVD
GRANAOA 73-4, J
'
RANAD dl
A
NERMOSA
LOMT
IOMITA
FA5 /3
W�/
ALMADEN
FERNANDO
RERM05A AVE z/ SpN
LOCATION MAP
PO B� E r ; SCALE 11000
LOT G 1
Q y0
EAST 130.00
LOMITA AVE
T/26
0
LOMITA AVE
o
EAST 105.155 Q
V)
f N 0 4
0
W E5T 105.15 'n
ALMADF�N
80- 13 '
x
"ORANGE
8-1-02"
r
30 PROPOSED ANNEXATION
TO THE
CITY OF CUPERTINO
ENTITLED
ORANGE AVE 90-02
MAR 1990 SCALE I"=100'
(BROWN)
ef, a9(,O
TERRY BROWN CONSTRUCTION CO. 453
21721 GRANADA AVE. 408-996.3722 - -
CUPERTINO, CA 95014
19� 115H211
TOTHE
PAY ORDER OF-hzt,'j 01 ''sa/Ya w vJv A-/ $ /N bO _
OD_^
d(/��"� �n /Low^C?—DOLLAR!
.ul E I Ppp g°lk1J5.cmk 81A.
NATIONAL BANK `°°'^^°C99If 1350 /n
FOR 1 da- 0. sw Yh G ( /GIJw
11.000453ii1 1: 12LLL. L1521: 001L02508111
TERRY BROWN CONSTRUCTION CO. 452
21721 GRANADA AVE. 408-996-3722 _
CUPERTINO, CA 95014
//]] BDd11S/12
PAYTOTHE y� r
1 ORDER $ 50,00.
e �GY7 DOLLAI
PE I M2X Steven.C.E"k B .
P O.B°e 13W
NATIONAL BANK `°^'"'"°C9501St3W
FOR _
1110004 S 211' 1: 1 2 1 14 L 15 21: 00 1 LO 2 S08111 UQ
oI �unfu -�_uta County, A DIVISION OF FOUNDERS TITLE GRuU►
MAIN OFFICE ALMADEN NORTH VALLEY LOS ALTOS SANTA CLARA SARATOGA MILPITAS GILROY
NOD The uanleoa 6475 GmUen Ave Ste 100 750 No Capitol.Sit B 1 161 So San Antonio Rd.SR 1 100 Saratoga An Sit.100 12226 Saratoga-S"Inalt Rd. 920 Kalvauv Ct Sit 165 7166 Wren Ave Ste C-131
-pit Just CA 95126 San Jose CA 95120 An Jose.CA 96131 Los AYus CA 2410 Santa Clara.CA WI S&IJID a.CA 25070 Milpitas.CA Islas Caro,.CA 91120
W131HISM0 Offil 99714sa (400)M 1600 141519415700 11081243301 (a0B)1645M (011200601 1411111164151110
MORGAN HILL PALO ALTO LOS GATOS SUNNYVALE BLOSSOM VALLEY CAMPBELL CUPERTINO
17465 Nonni SI Ste 101 Ola Lytton Ave aN No Aura Do Ave m W El Gamier FINAL Sat 210 5406 Thprnppuer h.Ste 100 21M So Bascom Ave Sit 120 20421 Stevens Cre a Blvd_Ste 120
Morgan Mu.CA 95007 Palo Alto.CA 9001 Los Gatos CA 96I0 Sutlnyvale CA 91m7 San Asti CA III C;mpri CA 96006 CupMlno.CA 9501e
MI H1517210510 1406105416Y1 14MI 739dM0 (40112245541 (tm13719960 14gm 2%5M
PRELIMINARY REPORT 12-21-89 SJV4 7A
ESCROW SERVICE IS BEING PROVIDED AS INDICATED BELOW: L
❑ ALMADEN ❑ NORTH VALLEY C LOS ALTOS 0 SANTA CLARA a,a;AMPBELL 0 LOS GATOS ❑ CUPERTINO
13 MORGAN HILL ❑ PALO ALTO 0 SAN JOSE 0 SARATOGA vR/SUNNYVALE 0 BLOSSOM VALLEY ❑ MILPITAS o GILROY
Issued for the sole use of: ESCROW OFFICER: Clara Wehrfritz
El TERRY BROWN CONSTRUCTION ORDER NO 282419 CW -A
21721 Granada Avenue ESCROW No
Cupertino , CA
Attention. Terry Re
Property address:
Datedasof Jan. 24 , 19 90 at7:30A.M.
In response to the above referenced application for a policy of title insurance
CALIFORNIA LAND TITLE COMPANY of Santa Clara County
hereby reports that it is prepared to issue,or cause 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 below 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
Schedule I and Schedule I (continued) attached. 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 of a policy of title insurance and no liability Is assumed hereby. If it is desired that lia-
bility be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should
be requested.
The form of policy of title insurance contemplated by this report is:
AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1987 WITH
ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 6/87 ) ,
LOAN POLICY
The estate or interest in the land hereinafter described or referred to covered by this Report is: a tee
Title to said estate or interest at the date hereof is vested in:
BOBBY G . BELL -AND RITA R. BELL, husband and wife as Joint
Tenants, as to Parcels 1 , 2 ard4 ; BOBBY G. BELL AND RITA
R. BELL, his wife, as community property, as to Parce13 ;
BOBBY G. BELL AND RITA Re BELL, his wife, as to Parce15
The land referred to herein is situated in the State
of California, County of Santa Clara, (and is described as
follows)
PARCEL ONE:
The Easterly 95 feet, front and rear measurements of Lot K
in Block 4 , as shown upon that certain Map entitled, "Re-
subdivision of Subdivision No. 1 Town. of 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 24 .
PARCEL TWO:
Lot lettered "G" in Block numbered 4 , Subdivision No. 1 ,
Town of Monta Vista, which said lot is laid out and delineated
upon that certain Map entitled, "Resubdivision of Subdivision
No . 1 , Town of Monts, Vista" , which said map was duly recorded
in the Office of the County Recorder of Santa Clara County,
California, on April 11, A. D. 1917, in Book "P" of Maps , at
page 24 .
PARCEL THREE:
The Southerly 25 feet , front and rear measurements of Lot E
in Block 4 , as shown upon that certain Map entitled, "Resub-
division of Subdivision No. 1 , Town of Monta Vista" , which
map was filed for record in the Office of the Recorder of
the County of Santa Clara , State of California, on April 11,
1917 in Book P of Maps, page 24.
2
PARCEL FOUR:
Beginning at the poitn of intersection of the East line of
Orange Avenue with the North line of Lot "E" in Block 4 of
the Subdivision hereinafter referred to; thence along said
line of Orange Avenue, South 50 feet; thence East and
parallel with the North line of said Lot "E" 135 feet;
thence North and along the East line of said Lot "E" 50
feet; thence West 135 feet to the point of beginning, being
a part of Lot "E" in. Block 4 as the same are so designated
and delineated upon that certain Map entitled, "Resubdivision.
of Subdivision. No. 1 Town of Monts, Vista" , Map filed in the
County of Santa Clara, California, on April 11, 1917 in Vol .
"P" of Maps , page 24 .
PARCEL FIVE:
Beginning at the intersection of the northerly sideline of
Hermosa Avenue and the westerly sideline of Orange Avenue as
shown upon that "Map of Subdivision "A" , Monts, Vista" , filed
for record in Volume P of Maps at Page 20, Santa Clara
County Records; thence North, 81 .36 feet along the westerly
sideline of Orange Avenue, to its intersection with the
westerly prolongation3f the southerly line of Lot A in. Block
4, as shown upon the Map entitled, "Resubdivision of Subdivision
No. 1, Town. of Monte Vista, herein after referred to;
thence, East 30.00 feet along said aforementioned prolongation.,
to the intersection of the Southerly line with the easterly
sideline of Orange Avenue, as shown, on the map of "Resubdivision
of Subdivision, No. 1 , Town. of Monts, Vista", filed for record
In Volume P of Maps at Page 24, Santa Clara County Records;
thence, South, 81 .36 feet along the easterly sideline of
Orange Avenue to tis intersection with the easterly prolongation
of the Northerly sideline of Hermosa Avenue; thence West,
30.00 feet along said Easterly prolongation to the Point of
Beginning.
EXCEPTING THEREFROM the Westerly 30 feet thereof and being a
portion. of Orange Avenue as vacated by Resolution No. 5929
of the City Council of the City of Cupertino, a certified
copy of which recorded on September 2, 1982 in Book H2 of
Official Records, page 340.
357-17-048, 77 , 78 & 79
63-79
TD/SV/ml
A357-17-48 , 50, 51 , 52
2-23-88 Pei 2
3
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows: '
A . Taxes for the fiscal year 1989-90 Bill No. 357-17-048
Code Area 63-079 ( Parcel 1)
First installment $1, 010 . 76
a lien, due and payable
Second installment, a lien $1 , 010 . 76
payable, but not yet due
The above installments include a property tax exemption
of NONE
Taxes for the fiscal year 1989-90 Bill No. 357-17-077
Code Area 63-079 (Parcel 2 and portion. of Parcel 6)
First installment $376 . 91
a lien, due and payable
Second installment, a lien. $376. 91
payable, but not yet due
The above installments include a property tax exemption
of NONE
Taxes for the fiscal year 1989-90 Bill No. 357-17-078
Code Area 63-079 (Parcel 3 and portion of Parcel 6)
First installment $278 . 08
a lien, due and payable
Second installment, a lien $278. 08
payable, but not yet due
The above installments include a property tax exemption
of NONE
4
FTG 1039B-1 (REV 71143)
Taxes for the fiscal year 1989-90 Bill No. 357-17-079
Code Area 63-079 (Parcel 4 and portion of Parcel 6)
First installment $662 .12
a lien, due and payable
Second installment , a lien. $662 .12
payable, but not yet due
The above installments include a property tax exemption
of NONE
1 . The lien of supplemental taxes , if any, assessed pursuant
to the provisions of Section. 75, et .seq. of the Revenue and
Taxation Code of the State of California.
2. A Deed of Trust to secure an indebtedness of the amount
stated herein and any other amounts payable under the
terms thereof (Parce14 )
Dated : October 25 , 1979
Recorded : November 5, 1979 in Book E914 of Official
Records , page 674
Trustor : Bobby G. Bell and Rita R. Bell , husband
and wife
Trustee : Crocker Custody Corporation
Beneficiary : Crocker National Bank, a National Barking
Association.
Amount : $71 ,900 . 00
The beneficial interest under said Deed of Trust was
assigned :
To : Federal Home Loan Mortgage Corporation.
Recorded : April 4 , 1986 In Book J651 of Official
Records , page 375 .
3 . An. easement
For : Public utilities, sanitary sewer easements ,
landscape easements , pedestrian and
bicycle easements
Reserved by : City of Cupertino
Recorded : September 2, 1982 in. Book H2 of Official
Records , page 340
Affects : Parcel 5
5
4 . Any right Ake public to use as a roaoy that portion
of the lands lyi,_, within Parcel Five. ,
5 • THE RECORDS DISCLOSE THE FOLLOWING LIENS AGAINST PARTIES
HAVING THE SAME OR SIMILAR NAME AS THE VESTEE' INQUIRY SHOULD
BE MADE TO ESTABLISH THE IDENTITY OF THE PARTIES :
A) A Lien for the amount herein stated and for any other
amounts due in favor of the State of California, evidenced
by a certificate filed by the Franchise Tax Board under the
Personal Income Act against,
Taxpayer : R Bell
Certificate No. : 89255-003856
Social Security No. : 562-41-6267
Dated : 9/12/89
Amount : $524 . 21
Recorded : September 15 , 1989 in Book L095
of Official Records, page 1682
NOTE 1 : The last recorded instrument(s ) conveying record
title to the premises is/are :
a) Deed executed by William R. Brauer and Valerie A .
Brauer, as Joint Tenants Grantor(s) to Bobby G. Bell and
Rita R . Bell, husband and wife as Joint Tenants Grantee(s ) ,
recorded on August 5, 1987 in Book K249 of Official Records,
at page 927. (Parcel 1)
b) Deed executed by Nevin D. Kryder, as Executor of the
Will of Martha D. Kryder Grantor(s ) to Bobby G. and Rita R.
Bell, husband and wife, as ,joint tenants Grantee(s) , recorded
on March 14, 1979 in Book E342 of Official Records , at page
716 . ( Parcel 2)
c) Deed executed by Richard Trevisan, et ux Grantor(s ) to
Bobby G . Bell and Rita R . Bell, his wife, as community
property Grantee( s ) , recorded on February 19, 1982 in Book
G612 of Official Records, at page 37 • (Parcel 3)
d) Deed executed by Terence K. Baxley, et ux Grantor(s) to
Bobby G . Bell and Rita R . Bell, husband and wife as ,joint
tenants Grantee( s ) , recorded on November 5 , 1979 in Book
E914 of Official Records, at page 673 • (Parcel 4)
e ) That certain Resolution No. 5929 of the City Council of
the City of Cupertino, vacating a portion of Orange Avenue,
a certified copy of which recorded September 2, 1982
in Book H2 of Official Records, page 340. (Parcel 5)
The last conveyances affecting said land recorded within
the last two years, prior to the date of this Report are:
NONE
NOTE 2 : The obtaining of a Statement of Information from
the Vestees herein.
NOTE 3 : Any conveyance of the hereindescribed premises by
Grant Deed will require the payment of the $10.00 Survey
Monument Preservation Fund fee pursuant to Government Code
Section 27584 and Ordinance No . NS-300.273.
leers ro rd •eQ? 0er6 �`1*44, P rare
I= u
°
j T V.Va f 4Ap ngnVru •\
a
. tiJ\1 • 1\I i ji h . • ••
.YTJ 1, ofV > YY. .4iY•
oaa
i V
I x J
I ° nHarw•s1 r11Ho
x EHscs rt• 3 ,
9 frW N.) ffM /HrI )
V.
9{M yLy :lv
ii 8 pl` M•C -... .. OnY7N
r T� 5E
00
Op f
99 M •3AV tlOVNtlaO
It L
� r`I .; ; °�;-,-�''t�l"•>�.r—.d =i A� �1 _..,�..y, ��'�.;. � va Hoy
1I H ♦•rr �N•-
Y.r�.
_..gam .p •, 1y — 6 =
.....
u ` `r��li i• a as \\ \\`\+._..".I.�N___. �! °y� .T
21
w
aw) JYrf of - f4.) i
:r.. \—•--1•••� 'OM9 +— N33N7 SN3A31S
6f RNNl iL/69i 'VOW 'J
r a All
_
mfY •1 W _ i�l (
n �la .4r1
3 ! {l �
�� ) L9•Y
s
1
' r
SCHEDULE 1
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY- 1988
The following matters are expressley 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 or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; 60 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
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 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 Dale 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, advenr 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 dale 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
(r) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for 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 the applicable doing business laws of the state in which
the land is situated.
S. 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 ant, consumer credit protection or truth in lending law.
In addition to the ExL)usions. you are not insured against loss. Lusts, attorneys' fees, and expenses resulting from.
1. Taxes or assessments which are nut shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real properh or by the public records
Proceedings by a publ,L agent% whirh mat result in takes or assessments or notices of such proceedings, whether or not shown by
the records of suLh agency or by the pubhc retoros.
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 which may be asserted by persons in possession thereof.
3. Eesements, 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 nut the matters excepted under (a), (b) or (U are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM g - 1970(AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any few. ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupant use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now
or hereafter erected on the land, or prohibiune a separation in ownerships or a reduction in the dimensions of area of the land, or the
effect tit am violation of am such law. ordinance Lit governmental regulation.
2. Rights ut eminent domain or govemmenta' rights of police power unless notice of the exercise of such rights appears in the public
recoras at Dale of Pol ,%
3. Defects Dens, encumbrances adverse Llaimt or other matters tat uraled suffered, assumed or agreed to by the insured claimant;
(b) not known to the C.urnpan% and not shown uy lhr publiL ret utd, but known to the insured claimant either at Dale of Policy or at the
the dole such claimant at quued an estate tit interest insured b% this policy and not disclosed in writing by thS insured claimant
to the Lumoam prior to the date such insured claimant became an insured hereunder: cc resulting in no loss or damage to the insured
claimant rdt attachme or created subsequent to Dale of Polic,,: or lrf resulting in loss or damage which would not have been sustained
if the mwred clamant nan peto value for the estate or interest rnsurro b% this policy.
SCHEDULE 1 (Continued)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -' 1970
WITH A-L.TA. ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating
orprohibiling the occupancy,use or enjoyment of land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Dale of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed or agreed to by the insured claimant;
(b) not known to [he Company and not shown by the public records but known to the insured claimant either at Date of Policy or at
the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is
afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Dale of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner
of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1987 WITH A.L.TA ENDORSEMENT
FORM 1 COVERAGE (6787) 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; (ii) 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 land is or was a part; or (iv) environmental protection, or the effect of
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 Dale of Polity.
(b) Any governmental police power not excluded by (a) above, except to the extent [hat a notice of the exercise therof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting [he 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[he 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 the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at dale 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.
4. Unenforceabilily 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.
6. Any statutory lien for services, labor or materials (or claim of 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 Dale of Policy the insured has advanced or is obligated to advance.
ITC 3157-C (Rev 11-1-88)
v SCHEDULE 1 (Continued)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY- 1979
O(CLUSIONS
In addition to the exceptions in Schedule 8, you are not insured against loss, costs, attorneys' 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
improvements on the land
land division
environmental protection
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 taking appears in the public records on the Policy Date.
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.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry
of parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions
in patents or in acts authorizing the issuance thereof.
t
CI Ly of Copel'1 inn
NN'CATIVi: DECLARATION•
May 21 . I I)l14
As providt•ti by the Rtivirooutt•olal Anscn:macal Procedure, adopted by tht• Ci1v
Council of tin• lily of Copt•ri ino on M:nclt 77, 1971, as :auendod , tilt• following
descrihed pruivi-I was grained n Neg:ll ive Ilrrlaral inn by Iht• Ctly Ct11111c' il of
the CiLy of CoperlIon on May 71 , 1984.
1'ro jrta Ile:�rripl inn--_1nd Local.inu
Appl it-at inn 4-1•:A-I14 Appl icanl : Cily ..1 Coperi ioo (old Moults Vi:aa area)
Local Ion: Ceoerrllly ht'unded by Cranada Avvi oo In the
north, Impt•r'tal Avenoe In the east .
MI-C i e l Ian Road 1 o 1 he soul It and by the
wt•siet ly hntrntlary of the Itlackherry
F.tl nl Cull Cntn'se In the west .
D i:u•I.el iuo_n I'v Ar_Ilnn Itr.lur:a : Precool. and rrznn.•
approxiut:rlely 97 arres within list- old Mantas Vinta
area to RI-R (R('sidenlial Single-familv) , VI -7.5
(Rosidi•ul tal Single-faitillv) , 11 (111annod Develupuu•nl
WiLil a Residential 4,4-12 dwelling mils per gross
acre) , 11 (111alowd Ilevelopnn•n1 Willi a Itet:idonl tnl
4 .4-7. 1 dwelIfiq', units per );toss acre) . 11 (1'Iaaned
hevelupmonl wilh Light Indosirlal and low;ideolial ) ,
11 (Planned Developmoni Willi AP.riroliot'e/Recrt•altonal ) .
and BQ (I' 11.1it Boildiug) zoning distrit-Is.
Viodings of Derisiunmikinl_ Burly
The (:fly Council gratilod :I Ne1;al Ive Declarm it'll since the project It: roosisleol
Willi file Ceneral flan and has no signilivaol environmental Impacts.
,I:utx•s II. Sisk
1'Ltnnlnl; Direl•tt'r
This is to certify that the above Negative Declaration was filed
In the office of the City Clerk or the City of Cupertino on May
22, 1984.
eputy City Clerk
4
Initial Study
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4-NA-84
Application File Number(s) 1-7.-84
Date February 27 , 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their potenrfal
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)Zoning1 X 1 Tentative Map Other
Use Permit = Variance
Old MOHLa VISLa Area genera y ounces y Pena a venom u toto the'nor T Imperial
Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of
the ac erry •arm o ourse to Me Ws
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 Ceneral Plan. The ro 'crr site contains approximately
97 acres.
Rev.7/8/80
-1-
f Description of Project (cont 'd. )
Specific Details of the Project
I . Size of Site N A
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 81
Unit type O2
Unit type U3
Unit type 94
Unit type 05
TOTAL
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parking 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-
Questions Related to Potential Impact of Project
9. Social/Cultural Impacts :
Yes Ptavbe 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 l)
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
(5) 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 101 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-
•
t -
Description of the Environmental Setting
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 pioperties, 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, sec-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-
sented are true and correct to the best of my knowledge and
belief. i,
DateM_ _2V Lf_F /�✓
(Signature)
For_dii t r ./ 4-5F (.(JGE12�f1A�a
(1 ) The project site is comprised of existing urban development including a
acre golf course and picnic ground recreation complex. The entire area
has general historic value. A few structures may have greater historical
value as separate entities. 'rho recreation complex is located in the
100-year event flood plan for Stevens Creek.
(2) The project area is bordered by the old Monti Vista Commercial District
to the north, by the West Valley Industrial Park to the east and by
single-family residential neighborhoods to the south and west .
-4-
•
t
Part I I
Information to be completed by City pfficials.
A. Primary General Plan Considerations :
Fes Maybe No
(1) Is the project in violation of the City of
Cupertino's adopted General Plan?
X
(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
feature 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 No
(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
($) 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? X
-1Y-
Yes Xavbe No
(8) Will the proposed project involve the use,
storage, or disposal of hazardous materials? X
(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 near sources of energy? X
(10) Will the cropcsed prcjecc 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?
(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
1
(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 total 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? N
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 NAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date
an, Environmental Review Committee
-9-
U2i 22,90
0 U.,U., • L"nJ l
^.
nrr:nn Dl N(%Rf fillr STED BY _
NOR11i AMCnCAN TITLE ACNIPANY, C. _
=CNCW ND. 5001405
r AND WHEN REGORDCU MAIL TO , "f 1,th. Amorican Titly Cornpony, Ina
ce.r6fleb that the within inotrullamt to
Jarmu L. Kasclimitter t' true Ond correct copy of the oriKmal inet .
UrDula K. Kasc}lrnitter wvrit recorded in the office of the recorder of
Rlr..r i ttF (;nuns (,. S
Aao..rs 6291. Alisal y of Santa lira, rate of California.
cur 6 rleasal1Lor1, Ca. 9456G on C:?35 it f/
sfals L J '
hecordet's Serial NU _ /1Y/p2 7 ,
MAIL TAX STATEMENTS TO NURTH AME L' TITLE C MP c
r "l AN., 1NC.
ho
rns James L. Kaschmi,Lter by
Ursula
K. Kaschmitter BeBsw --
�d,u.,, c/o Terry Drown Uthce
21721 Granada Ave.
C1v° Cu ertino Ca 95014
Stata L p ' 1 J
SPACE ABOVE THIS LING rOR RECORDER'S USE
NAT•]015+•67) Individual Grant Deed AIN; 357-15-012 ,
The undersigned grintur(s) dcciarri(tia0
Documentary transfer tea is S 1
ao (X ) computed on full value of properq conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
(X ) Unincorporated area: ( ) City of and
FOR A VALUABLE CONSIIiERATION, receipt of which is hereby acknowledged,
Miclwel M. Afinsoff, an unrarricd mart
hcre. C RANT(5) to Jeures L. }:arClunitter aryl Ursula K. Kaschmitter, husband and wife,
as ec nity property
the followin&,described real property in file
County of .,.-iLa Clara , State of California:
'lile Svuthcrly 40.12 feet, front aril rear ae isuCHTents of the 1,lortherly 50.12 feet,
front: arcs roar wasureircrits of Lot 95, as shovn upon that certain Map entitled,
"map of clubdivisicln "A" monta Vista", WhiCh Map was filed for record in the office
of the Recorder of the Caulty of Santa Clara, State of California, on April 11,
1917 in Hook r of Maps, at page 20.
C
Uatcd: Febxuaty 1, 1990
-tprizhat:T-'ire-Af'tr tsaff--�
s-rATL Of' CALIFORNIA _
COUNTY OF Santa Clu,ra _�ss'
on e•.,I , jar—f o fin before
rile, the Werslytncd, a Nutary Public in and (%saki State, '•
personally appeared Mic.liael M. Afinsoff
(1tsJM9y��i''A1+4 W/rife/t)f' proved to me an the basis of sat-
.sfaetory evidence to be the perum_whose name i R
subscribed to the within hntrumeot and acknowledged
that ho executed the same.
WITNESS my hand and official ical.' �
OFFIC[AL SL'AL
'/X��J,{/, ESTHER WONG
Signature NorARv PUBLIC,rwLIFGnNIA
1 5MTA CtARA COUNTY
NnIMnMhMgg1m M IEWM May 7,lm
(This area for official notarial sesll
�%�9(0
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 :
Orange Avenue 90-02
and consists of :
_ consolidation of special districts
formation of new special district
incorporation
X annexation to The City of Cupertino
detachment from (name City/District)
of (number of) acres on the E W (n/s/e/w)
side of ORANGE AVENUE (Street/Avenue)
between GRANADA AVENUE (Street/Avenue)
and ALMADEN AVENUE (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) .2L 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-
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:
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/Zip No . * No . **
L�
3r7-1 O 7- 8
�/ �= � :•j^�'�`l•i_-�1%.i ,'!�� :/1.`�C !- "L11J1S/jE' ✓' `�i`� 35 1 -17 -0 Y`1
Phone : 357 -17-070 .
— ss7-l'7 -o�y
12'0 - ram: Lc__ Phone : J ( ) ? - •!!'Z,
- /7111 B-� _Z 72 1 C 1714N.4,9A AVe 15 -01 2-
/
Phone : (!LOL) 6 - 372z
* - 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 - Secly
County Government Center - 10th F1 . , 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 copies , 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: Orange Ave. 90-02
Annexation )
Detachment )to/from The City of Cupertino
Reorganization) (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 prezoned
(prezoned? other approval action?)
the territory on June 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 . )
Pr®posal is categorically exempt from provisions of CEQA pursuant to
Cal . Adm. Code Sec . because
CHARACTERISTICS OF THE AREA
I . Number of acres 1.73
2 . Number of inhabitants 8
3 . Number of registered voters 0
4 . Number of dwelling units 5
5 . a . What is the present use of the area (be brief, but specific) :
Resid ntial/vacant
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.
a •
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) :
R1-7.5
b. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the city? YES _ NO X
If YES, indicate the new zoning which will be sought.
7 . For city or district annexations, describe the development being pro-
posed for the territory, if any, and when this development is ex-
pected to begin.
Single Family Dwellings
8 . Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES X NO
If NO, please explain the reason for non-conformity and provide
justification for 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. )
n . 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/jlg=ztlO=ly=ofyxpmil.7AMXiC4ig in
the City or Districts urban service area? YES X NO _
11 . If new development is proposed on the site , will this new development
be permitted without community sewage discharging into an existing
sanitary sewer system and disposal plant? YES NO X
If YES, what arrangements will be made to provide sewage disposal?
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 .
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 Cupertino ani .ary n;sy ��__
_Fremont HighSchool_District _ Mid PgniDBJlla_()DSp3r
Foothill Community College District
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
`! f3,;I7-17-0 /9
7-17-077
7-/7-078
7-/7-o7y
2.
(vs)
Ir2tr Au,µ` st �{t-L /iy2 357-(5-olz
.�hNiFs �: ff Rs✓cA Kr}s H,n -rr (L
( If additional space required , continue list on separate sheet & attach. )
* "Owner of land means any person, shown as the owner of land oD 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 (Recuired for 100% Consent Proposal )
I CERTIFY that I have checked the number of owners of property located
within the annexatiow 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/1)=X1t)Fn% Clerk
(Seal)
Cityr of
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- 100%-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 .
ravice Whitten 10300 Torre Avenue
II(Print name of person complet- Cupertino, CA 9501
ing this application) , (Address)
—� (Signatures— (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