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89,298 MARYKNOLL 90-4 (Gerald B Hansen) _89,298 MARYKNOLL 90-4 (Gerald B. Hansen) • ffi x • • • CITY OF CUPERTINO • RECEIPT � • No. 54239 • DATE Ff'-b zoo 194� RECEIVED I • FROM G -ral t B. r�QIr15F1'1 • ADDRESS S. FIrs4 S+ S e- Z0 C S CHECK HONEY • X ORDER DOLLAR$ CEN • • C;+ C'i , • r + Z50 loo • RECEIVED--BY L 0 • ytl. CkOWNB1151NE.SIEM SIINNWV E,U RISC i • 89,a 9g 0 r�uc+ �i -ai aaa� as7a aaa r�� P. i mw OFF149%YF Rr-DEARD V.RRERSNv1 GERALD S. HANSEN, Ubb ,bOw Su1SE Iron w S.RRSTSMLE r SAN r110S$£.CALIFORNIA 05113 YRLF.IYpINNHNg1IM1O!!OA ` JT�E�LECOPIER COVER SHEET TELECOPIER NO: (/D S .1.5'a— p 74-. DATE: � t7 .y FROM: Gerald B. Hansen, Telecopier No, : (408) 998-7259 NUMBER OF PAGES TRANSMITTED: (including cover sheet) : FILE NAME: COMMENTS: FOR PROBLEMS WITH TRANSMISSION PLEASE CALL (408) 294-0868 LAW OPPICBi OP GERALD B. HANSEF 6QITN I ff 19 S. FT"T &T WXT NICHAND V SNESSA BAN JOSE,CALIPONNIA 05113 TMIMPHONE I40E) 9'8.3-08®S f1BW-186b) TELEPHO.YE 14 ,0 0 " PAX (408)ow-72$9 August 21, 1991 VIA FAX TRANSXISSION Travice Whitten, Public works Department CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RE: Maryknoll/Annexation Dear Mr. Whitten: This is just a follow-up to my phone call to you left on your voice mail, asking if you could please finish up the matter of the assessment against Maryknoll for hooking into the 10 inch line on Cristo Rey. I realize you were at one time, waiting for some verification of The Forum's cost figures from their engineers and I hope that has been done. If there is anything I can do to expedite the matter, I would appreciate it because we have a contingent of retired priests who just don't get along too well in the cold northern New York weather during the wintertime, and simply have to be housed in the facility here on Cristo Rey Drive in good old warm California. We can't legally get them housed here until we get that hookup and I am legitimately under all sorts of pressure from the Maryknoll Fathers to get the matter taken care of . If there is anything I can do, such as getting after Forum or getting after their engineers or having some outside engineer do some proportionate cost figures or anything that you want done, please just say so, because you have no idea of the urgency of the matter from my client's standpoint! Please give me a call to advise how I can help in the matter. Thank you for your cooperation. Very truly yours, GERALD B. HANSEN GBH: jo cc: Father Rans Father Dwyer LAW OFFICES OF GERALD B. HANSEN SUITE 1205 lE 8. PIEET STREET WCHARD V. BEESSANI SAN JOSE,CALIFORNIA 95113 TELEPHONE (408) 294-OWS (1894-1989) TELEPHONE 1408)994-08" PAX (408) 908-7250 August 21, 1991 VIA FAX TRANSMISSION Travice Whitten, Public works Department PUBLIC WOKS CITY OF CUPERTINO 10300 Torre Avenue 6 2 2 �9� Cupertino, California 95014 RE: Maryknoll/Annexation Dear Mr. Whitten: This is just a follow-up to my phone call to you left on your voice mail, asking if you could please finish up the matter of the assessment against Maryknoll for hooking into the 10 inch line on Cristo Rey. I realize you were at one time, waiting for some verification of The Forum's cost figures from their engineers and I hope that has been done. If there is anything I can do to expedite the matter, I would appreciate it because we have a contingent of retired priests who just don't get along too well in the cold northern New York weather during the wintertime, and simply have to be housed in the facility here on Cristo Rey Drive in good old warm California. We can't legally get them housed here until we get that hookup and I am legitimately under all sorts of pressure from the Maryknoll Fathers to get the matter taken care of. If there is anything I can do, such as getting after Forum or getting after their engineers or having some outside engineer do some proportionate cost figures or anything that you want done, please just say so, because you have no idea of the urgency of the matter from my client's standpoint! Please give me a call to advise how I can help in the matter. Thank you for your cooperation. Very truly your ' GERAL HANSEN GBH: jo cc: Father Rans Father Dwyer R+GRuth and Going, Inc. Engineering P.O. Box 611600 r-� roe vo Architecture San Jose, CA PUBLIC WORKS TUr4e 11 l`t`il _ 1-11Qo Planning 95161-16W Phone (408) 943-1640 JUN 1 2 1991 IC.�✓1�r---9- - - Fax (408) 943-1900 _ AnitJ.e' 4TT1QN �r�TF;E MLi2�/lci.�ott:. TO GITI 01= C-UpeTLTl_IJO - - - -- GENTLEMEN: - - -WE ARE SENDING YOU Li Attached I 1 Under separate cover via__ __.__the following iterns: -. Shop drawings . '. Prints ❑ Plans ❑ Samples L' Specifications -: Copy of letter Change order COPIE DATE I�S_ --._ -- .PT ION THESE ARE TRANSMITTED as checked below: y ror approval II Approved as submitted ❑ Resubmit copies for approval �.'e-<For your use I ] Approved as noted O Submit_ copies for distribution As requested [ I Returned for corrections ❑ Return_ corrected prints _ For review and comment I i For Recording El El FOR BIDS DUE _ — —_--19 —. ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO— SIGNED:- Ruth and Going, Inc. R+G Engineering Architecture June 5, 1991 17100-065 Planning 2160 Lundy Ave. San Jose CA 95131-1832 DESCRIPTION OF THE LANDS OF THE CATHOLIC FOREIGN FAX(( 8)943-0 FAX(408)943-1900 MISSION SOCIETY OF AMERICA, INC_ FOR PROPOSES OF ANNEXATION TO THE CITY OF CUPERTINO Mailing Address: P.O.Box 611600 San Jose CA 95161-1600 All that real property situate in the County of Santa Clara, State of California, and being a portion of that parcel of land described in Book 2590 of Official Records, Page 95, Records of Santa Clara County, and being described as follows: BEGINNING at the intersection of the southwesterly line of Parcel 2 as described in the Final Order of Condemnation No. P8390 recorded in Book 7096 of Official Records, Page 183, Santa Clara County Records with the northwesterly line of that 37.92 acre parcel described in Book 478 of Official Records, Page 11, Santa Clara County Records; "Thence on the westerly, southerly and easterly lines of said 37.92 acre parcel the following 6 courses: 1. Thence South 27033'10" West a distance of 407.75 feet; 2. Thence South 12029'50" East a distance of 977.00 feet; 3. Thence South 38°59'50" East a distance of 528.00 feet; 4. Thence South 83°57'50" East a distance of 355.24 feet; 5. Thence North 39000'10" East a distance of 690.00 feet; 6. Thence North 23°38'20' West a distance of 278.48 feet to a point on the the aforementioned southwesterly line of Parcel 2; Thence on said southwesterly line the following 6 courses: 1. North 60032'04" West a distance of 9.34 feet; 2. North 44°28'12" West a distance of 344.52 feet; 3. North 54°35'32" West a distance of 532.33 feet; 4. North 22°21'22" West a distance of 125.25 feet; 5. North 43035'15" West a distance of 199.57 feet; 6. North 46°47'46" West a distance of 222.71 feet to the POINT OF BEGINNING. Containing 1,273,175 square feet or 29.22 acres more or �Q VNND 86, ALLF,y•:G�c J ;m NO6141 C) J * EXp 3 31194 ' �lglF of t av�6��P 89, 298 /. a X y, � 4 SITE ANNEXAnON .'` / {Y....oJ• ..o-o, _`,, E BOUNDARY _ LIMM•rya' \ LINE auvn - N 46'47'46" W ✓� I � ' `" . POINT OF 222.71' fi?^ BEGINNING N 43'35'15" W S S 27'33'10"�W/� 199.57' VICINITY MAP NTS 407.75' N 22'21'22" W n a 125.25' N 54*35'32" W �� D 1Ny f 532.33' �r,�, N 44'28'12" W ✓i D N �n D J t,3 IDS 344.52' sir✓ c rn L Ln -OlLn N 60-32'04" W r t� y s o o CATHOLIC FOREIGN 9.34' c 1m MISSION SOCIETY OF AMERICA WyV rn � a �� u1 1 AREA s� 1,273, 175 SQ FT o� N 23'38'20" w 29.22 AC o 0 278.48' Intn � s ° P1 S 83'57'50" E ��;�355.24' �o Ah Lands of Catholic Foreign Mission Society apn 342-05-023 Sh1EET Ruth and Going, Inc. Plat to accompany 1 �'� Land Surveyors Civil Engineers Description for purpose of 2180 Lundy Ave. San Joae, Ca. 95131 OF Tel. (406) "3-1s40 Fax (408) 943-1900 Annexation 1 JUNEDept.: s. 1691 Moo-oas Drwn.: ceH of Dept.:Survey Scale: 1"�aoo' Chkd.: BAH City Cupertino California IV Cites of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 I �J Cupertino, California 95015 Telephone: (408) 252-4505 L PUBLIC WORKS DEPARTMENT FAX TRANSMITTAL TO: DEPT & TITLE: Stif Vt THEIR FAX NUMBER: �4 . I `10 0 DATE: - NUMBER OF PAGES TO FOLLOW: FROM: T1Cy �-n 1�(e-je 0 I 1 DEPT & TITLE: Uj Pj61-(c C) rks OUR TELEPHONE NUMBER: (408) 252-4645 OUR FAX NUMBER: (408) 252-0753 �Ieasl: makes necessc( cha ✓)9e any I\je s4 ion S d0 nci hes I+CA k +0 Ruth and Going, Inc. R+G We need areCerence +o .+ke- CI -1Caw. iho 1 HosP1-6l 8 OS annexa� h .J�4,IC In 15 deSGr1p-f cv1 Engineering anc� P �A (C1+yo� Corr-+,no Res No. 6g43) Architecture June 5, 1991 17100-065 Planning 2160 Lundy Ave. San Jose CA 951 31-1 832 (408)943-1640 DESCRIPTION OF THE LANDS OF THE CATHOLIC FOREIGN FAX(408)943-1900 MISSION SOCIETY OF AMERICA, INC- FO ROPOS F ANNEXATION TO THE CITY OF CUPERTINO Mailing Address: P.O.Box 611600 PUKPosES San Jose CA 95161-1600 com me, —� All that real propertyjsituate in the County of Santa Clara, State of California, and being a portion of that parcel of land described in Book 2590 of Official Records, Page 95, Records of Santa Clara County, and being described as follows: BEGINNING at the intersection of the southwesterly line of Parcel 2 as described in the Final Order of Condemnation No. P8390 recorded in Book 7096 of Official Records, c` , Page 183, Santa Clara County Recordsjwith the northwesterly line of that 37.92 acre parcel described in Book 478 of Official Records, Page 11, Santa Clara County Records; Thence on the westerly, southerly and easterly lines of said 37.92 acre parcel the following 6 courses:1. Thence South 27 07.75 fee _°33'10" West a distance o 4 4-0-7•�4" +o 2. Thence South 12°29'50" East a distance of 977.00 feet; actor 3. Thence South 38°59'50" East a distance of 528.00 feet; EI CaM.no An�t>< 4. Thence South 83°57'50" East a distance of 355.24 feet; y o o r16q 5$_1 Z8 5. Thence North 39°00'10" East a distance of 90.00 feet; — Co 89 .9 9 6. Thence North 23°38'20' West a distance of 278.48 feet to a point on the the aforementioned southwesterly line of Parcel 2; Thence on said southwesterly line the following 6 courses: 1. North 60°32'04" West a distance of 9.34 feet; 2. North 44°28'12" West a distance of 344.52 feet; 3. North 54035'32" West a distance of 532.33 feet; 4. North 22021'22" West a distance of 125.25 feet; 5. North 43°35'15" West a distance of 199.57 feet; 6. North 46°47'46" West a distance of 222.71 feet to the POINT OF BEGINNING. Containing 1,273,175 square feet or 29.22 acres more co D �AN� SG9 G Chi•••O�' �•;0 :m No 6141 0: * Exp 3 31194 f •• P �rglf�f CAUF��\ 89,z98 1 SITE ' gg• ` t\ FL. CAMI00 HOSPITAL eS--CS " ANNEXATION ' / ....."'..,,°""' ,'�`• �f I 6 BOUNDARY .:_ `""'..nwr \} _. •T LINE ...x"o' �^ �• N 46'47'46" W ��✓c \ POINT OF 222.71 BEGINNING �� N 43'35'15" W v S� S 2407 75""W 199.57' ?� VICINITY MAP NTS N 22'21'22" W rl \ 125.25' fir^ M N 54'35'32" W y t,Ln Ole' y<J ? f 532.33' ��r �`� N 44'28'12" W ''c✓i D °1 344.52' 01L N 60.32'04" W✓` r D ` o o CATHOLIC FOREIGN g.34' c'c n c r Ir, MISSION SOCIETY _ cZ w n , OF AMERICA � 3� C11itt � 1 1,273,175 SQ EA FT / L 23'38'20" W 7 s�s 29.22 AC o°0 278.48' 0\00- 0 o N G S 83'57'50" E c f� 355.24' Gp jY>> 5c)�� >> S c34� Lands of Catholic Foreign Mission Society apn 342-05-023 SHEET Ruth and Going, Inc. Plat to accompany 1 +G Land Surveyors Civil Engineers Description for purpose of 2180 Lundy Ave. San Jose, re. 95131 0` Tel. (40B) 943-IMD Fax (408) 943-1900 -R, Annexation 1 JUNE 5, 1991 17100-065 Dmn.: CEB Dept.:Survey Scale: 1'=400' Chkd.: BAB City of Cupertino California 87,zya R-CElr4ER 07 R+G Ruth and Going, Inc. Engineering P.O. Box 611600 Architecture San Jose, CA 1 Planning 95161-1600 I.l 11 NTION Phone(408) 943-1640 RAJ —_ Fax (408)9431900 ` a 4TtBN aF 'T��it/� TO G rT� OF C11.967ZT1n10 -L� 022E flv�ltlL� — GENTLEMEI : WE ARE SENDING YOU G Attached f Under separate cover via — -. _the following items: Shop drawings Prints [; Plans Samples G Specifications Copy of letter J Change order COPIES DATE NO. DESCRIPTION - C�( -- --'t •sc2l4Tlo. [�-E—TLE_-V_1se C> _ - _ - - -PUBLIC WORKS JUN 1 4 1991 THESE ARE TRANSMITTED as checked below: or approval IJ Approved as submitted ❑ Resubmit copies for approval F ror your use fI Approved as noted ❑ Submit_ copies for distribution As requested f_i Returned for corrections ❑ Return._ corrected prints �. For review and comment Cl For Recording ❑ J FOR BIDS DUE 19 _- L1 PRINTS RETURNED AFTER LOAN TO US REMARKS_— COPY TC Dili(r LU. /�(Un Ruth and Going, Inc. R+G Engineering June 5, 1991 17100-065 Architecture Planning 2160 Lundy Ave. San Jose DESCRIPTION OF THE LANDS OF THE CATHOLIC FOREIGN CA 9 51 31-1 832 MISSION SOCIETY OF AMERICA, INC. (408)943-1640 FOR PURPOSES OF ANNEXATION TO THE CITY OF CUPERTINO FAX(408)943-1900 Mailing Address: P.O.Box 611600 All that real property, situate in the County of Santa Clara, State of California, and being a San Jose portion of that parcel of land described in Book 2590 of Official Records, Page 95, Records CA 95161-1600 of Santa Clara County, and being described as follows: BEGINNING at the intersection of the southwesterly line of Parcel 2 as described in the Final Order of Condemnation No. P8390 recorded in Book 7096 of Official Records, Page 183, Santa Clara County Records, with the northwesterly line of that 37.92 acre parcel described in Book 478 of Official Records, Page 11, Santa Clara County Records; Thence on the boundary of that certain parcel of land entitled "El Camino Hospital 85-05", annexed to the City of Cupertino by Resolution No. 6943, passed and adopted by the City of Cupertino on September 2, 1986 and on the westerly, southerly and easterly lines of said 37.92 acre parcel the following 6 courses: 1. Thence South 27"33'10" West a distance of 407.74 feet; 2. Thence South 12"29'50" East a distance of 977.00 feet; 3. Thence South 38059'50" East a distance of 528.00 feet; 4. Thence South 83057'50" East a distance of 355.24 feet; 5. Thence North 39"00'10" East a distance of 689.99 feet; 6. Thence North 23'38'20' West a distance of 278.48 feet to a point on the the aforementioned southwesterly line of Parcel 2; Thence on said southwesterly line the following 6 courses: 1. North 60°32'04" West a distance of 9.34 feet; 2. North 44°28'12" West a distance of 344.52 feet; 3. North 54"35'32" West a distance of 532.33 feet; 4. North 22°21'22" West a distance of 125.25 feet; 5. North 43035'15" West a distance of 199.57 feet; 6. North 46"47'46" West a distance of 222.71 feet to the POINT OF BEGINNING. Containing 1,273,175 square feet or 29.22 acres more or less. ALL4 9G� :¢ a): y CO NO 6141 0: * % Exp 331194 �lglFOf CAIIF�Q�\} 89 z70 city a ?� Los Madfft cN a NIYlJTE401 A k4l 1. uTam A 4 CEMETfAr ti ANNEXATION BOUNDARY / LINE % v�%L� tTFi OtEff etTD. N.%� CI}y 1 N 46'47'46" W S POINT OF , �IZ222.71' BEGINNING C4 �-7 LOCAT/aN MAP N 43'35'15' W NOT 7v 5cot6 ^ d. 199.57' F 9y 12525� 22 w N 54'35'32" W ►1 'gyp y 532.33' `1N F 344.52' w J,tO oS N 60'32'04' W CATHOLIC FOREIGN 9.34' 1 MISSION SOCIETY OF AMERICAIt N 23'38'20" W 1, 1,273,175 AREA FT ; 278.48' z 29.22 AC i �e I' s,ok Ro�i �ONso. AAJ C9T `%% Existing City Limits of CE-R77�lCA;, 81 2SgSA.goL�C 6 `�S 3 52a'- �� the City of Cupertino /f TE, G '0"? & '/SAjoO' City of on CupertinoRes. No. 6943ita1 85-05" 2 Op gs y P Lands of Catholic Foreign Mission Society apn 342-05-023 SHEET Ruth and Gang, Inc. Plat to accompany 1 Land Surveyors Civil Engineers Description for purpose of of 2160 Lundy Ave. Son Jose, Ca. 95131 R'+GTel (408) 943-1640 Fax (408) 943-19DO / Annexation 1 June 5, 1ss1 171oO-065 Dr ceD Dept.:Survey snnLe: 1'=400• 1 Chkd 8A8 City of Cupertino California / Ruth and Going, Inc. R-1--G Engineering June 5, 1991 17100-065 Architecture Planning 2160 Lundy Ave. San Jose DESCRIPTION OF THE LANDS OF THE CATHOLIC FOREIGN CA 951 31-1 832 MISSION SOCIETY OF AMERICA, INC. (408)943-1640 FOR PURPOSES OF ANNEXATION TO THE CITY OF CUPERTINO FAX(408)943-1900 Mailing Address: P.O.Box 611600 All that real property, situate in the County of Santa Clara, State of California, and being a San Jose portion of that parcel of land described in Book 2590 of Official Records, Page 95, Records CA 95161-1600 of Santa Clara County, and being described as follows: BEGINNING at the intersection of the southwesterly line of Parcel 2 as described in the Final Order of Condemnation No. P8390 recorded in Book 7096 of Official Records, Page 183, Santa Clara County Records, with the northwesterly line of that 37.92 acre parcel described in Book 478 of Official Records, Page 11, Santa Clara County Records; Thence on the boundary of that certain parcel of land entitled "El Camino Hospital 85-05", annexed to the City of Cupertino by Resolution No. 6943, passed and adopted by the City of Cupertino on September 2, 1986 and on the westerly, southerly and easterly lines of said 37.92 acre parcel the following 6 courses: 1. Thence South 27°33'10" West a distance of 407.74 feet; 2. Thence South 12°29'50" East a distance of 977.00 feet; 3. Thence South 38059'50" East a distance of 528.00 feet; 4. Thence South 83°57'50" East a distance of 355.24 feet; 5. Thence North 39°00'10" East a distance of 689.99 feet; 6. Thence North 23°38'20' West a distance of 278.48 feet to a point on the the aforementioned southwesterly line of Parcel 2; Thence on said southwesterly line the following 6 courses: 1. North 60°32'04" West a distance of 9.34 feet; 2. North 44°28'12" West a distance of 344.52 feet; 3. North 54°35'32" West a distance of 532.33 feet; 4. North 22°21'22" West a distance of 125.25 feet; 5. North 43035'15" West a distance of 199.57 feet; 6. North 46047'46" West a distance of 222.71 feet to the POINT OF BEGINNING. Containing 1,273,175 square feet or 29.22 acres more or less. ��p LAND SG ALCFy.9b�` r; tm NO 6141 oc Up 3 31/94 r• ��glFOF rot t4nQ�\P 89� a y8 city or Nt u enr �o C rarTETEeo 1 r>t. • 6 4e arm err Ei� EEMETE,tY _ 'R� ANNEXATION BOUNDARY 1 LINE `♦" v Cl1D. N 46'47'46" W POINT OF , /222.71' ry BEGINNING 14' r LOC.47/0N MAP N 43*35'15 W Avr rD e..z 199.57' o sy N 22'21'22" W 125.25' 'gyp�.� 532 33' 32" W I V8 l` N 4428'12" W 344.52' oho: N 60'32'04" W i" CATHOLIC FOREIGN ; 9.34' MISSION SOCIETY %% OF AMERICA ♦ `��` AREA N 23'38'20" W �♦ 1,273.175 SQ FT ;' 278.48' z ♦♦♦ 29.22 AC i Y ♦a Ay C47 ♦♦♦ %� Existing City Limits of Cf T/A 2� Sq oL/c ♦�S e357'S�� i the City of Cupertino r�gG ? S4- yop 355.2a Cityby of on CupertinoRes. No. 943ita1 85-05" 2g op sg .Y P 2 0� CG'I1P /390 G/AyC£ Lands of Catholic Foreign Mission Society apn 342-05-023 SHE Ruth and Gang, Inc. Plat to accompany 1 ET Land Surveyors Civil Engineers Description for purpose of 2160 Lundy Ave. San Jose, Ca. 95131 OF R-+'GTe). (408) 943-1640 Fax (408) 943-1900 Annexation 1 JUNE S. 1991 17100-065 Drwn.: GEB Dept.:5hrvey Scale: 1'=aoo' Chkd.: BAB City of Cupertino California Ruth and Going, Inc. R+G May 2, 1990 17100-065 DESCRIPTION OF THE LANDS OF CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC. FOR THE PURPOSES OF ANNEXATION INTO THE CITY OF CUPERTINO All that real property, situate in the County of Santa Clara, State of California, being described as follows: BEGINNING at the intersection of the Southwesterly line of Parcel 2, as said parcel is described in the Final Order of Condemnation No. P8390 had in the Superior Court of the State of California, in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which decree was recorded September 7, 1965 in Book 7096, page 183 of the Official Records of Santa Clara County, with the Northwesterly line of that certain 37.92 acre parcel of land conveyed to the Catholic Foreign Mission Society of America by Deed, recorded July 29, 1929 in Book 478, page 11, of the Official Records of Santa Clara County; said point being in the Northeasterly line of that certain Parcel of land annexed to the City of Cupertino by Resolution No. 6943 entitled "El Camino Hospital 85-05"; thence along last named line the following six courses and distances: South 27° 33' 10" West 408.17 feet, South 12° 29' 50" East 977.00 feet, South 38° 59' 50" East 528.00 feet, South 83° 57' 0" East .9 feet, North 39° 00' 0" Eas 9 fe 1 et, and North 23° 38' 20" West 2 48 feet to the Southerly corner of Parcel 2, hereinabove described; thence along the Southwesterly line of said Parcel 2, the following six courses and distances: North 60° U�04" West 8.01 feet, North 44 12" West 344.50 feet, North 54° 35' 32" West 532.30 feet, North 22° 21' 22" West 125.24 feet, North 43° 35' 15" West 199.56 feet and North 46° 47' 46" West 224.19 feet to the said point of beginning of this description. +423D:vad S'Q 2�f8 . o Lac-AT I ON MAP -�- - _ 01 N 46'47'46" W ��ST 224.19' 9T� � o 0,9 N 43'3 25'15" W 80 199.56' 15096 �^ o N 22'21'22" w op O125.24' 'Bo I'DLIfJE N 54'35'32" W yti. 0 532.30' N � N N 44 12" w " ° 34-4.50' 0 0 o cr 60'32'04"� _ 29 9.24 acres 24 m N 23'38'20" W 8.01' 34Z-05'23 278.48' - — 20 7- 4- S 83'S7'S0" � E '02 355.24' �s PLAT TO ACCOMPANY THE DESCRIPTION OF LANDS OF THE CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC. FOR THE PURPOSES OF ANNEXATION INTO THE CITY OF CUPERTINO DRAWN: MJD RUTH AND GOING, INC. SCALE: 1"=400' CHKD.: MJD —�— Civil Engineering Land Surveying DATE: 5�7�90 DEPT.: SURVEY MW woo.�� sw Asc GWIM-inn (w )w. 1. JOB # 17100-065 2 98 Ruth and Going, Inc. RAG May 2, 1990 17100-065 DESCRIPTION OF THE LANDS OF CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC. FOR THE PURPOSES OF ANNEXATION INTO THE CITY OF CUPERTINO All that real property, situate in the County of Santa Clara, State of California, being described as follows: BEGINNING at the intersection of the Southwesterly line of Parcel 2, as said parcel is described in the Final Order of Condemnation No. P8390 had in the Superior Court of the State of California, in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which decree was recorded September 7, 1965 in Book 7096, page 183 of the Official Records of Santa Clara County, with the Northwesterly line of that certain 37.92 acre parcel of land conveyed to the Catholic Foreign Mission Society of America by Deed, recorded July 29, 1929 in Book 478, page 11, of the Official Records of Santa Clara County; said point being in the Northeasterly line of that certain Parcel of land annexed to the City of Cupertino by Resolution No. 6943 entitled "E1 Camino Hospital 85-05"; thence along last named line the following six courses and distances: South 27° 33' 10" West 408.17 feet, South 12° 29' 50" East 977.00 feet, South 38° 59' 50" East 528.00 feet, South 83' 57' 50" East 355.24 feet, North 39' 00' 10" East 699.99 feet, and North 23* 38' 20" West 278.48 feet to the Southerly corner of Parcel 2, hereinabove described; thence along the Southwesterly line of said Parcel 2, the following six courses and distances: North 60° 32' 04" West 8.01 feet, North 44° 28' 12" West 344.50 feet, North 54° 35' 32" West 532.30 feet, North 22° 21' 22" West 125.24 feet, North 43' 35' 15" West 199.56 feet and North 46° 47' 46" West 224.19 feet to the said point of beginning of this description. +423D:vad �9 ZFB � N 3 Z N 46'47'46" W 'QS7. StYE 224.19' LOCATION MAP A ?S 09 N 43*35'15" W 0 199.56' r�09 ao� N 22'21'22" W G OQ 125.24' N 5435'32" W J 532.30' N iO N N 44'27'12" W can MARYKNOLL 344.50' 0 0 29.24 acres N 60'32'04"W 8.01' rn 342-05-23 N 23.38120" W y 278.48' Z _ O ti 0J'-o 7_ so, � f� S 83'57 5 E >02 355.24' �s 0 s PLAT TO ACCOMPANY THE DESCRIPTION OF LANDS OF THE CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC. FOR THE PURPOSES OF ANNEXATION INTO THE CITY OF CUPERTINO DRAWN: MJD RUTH AND GOING, INC. SCALE: 1"=400' CHKD.: MJDIR+G Civil Engineering Land Surveying DATE: 5/7/90 DEPT.: SURVEY �.�w�..K. � � mA-� t� � JOB # 17100-065 0`/25.9 ' LAW OFFICES OF GERALD B. HANSEN RIIITE 1208 12 S. PIRST STREET RICRABD V. BRESSAHI SAN JOSE, CALIFORNIA 95113 TELEPHONE (408) 294-0888 (1894-1989) TELEPHONE (408)a" 0888 PAR(408) 998-72" May 24, 1991 PUBLIC" Kevin Rieden MAY 2 9 1991 Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, California 95014 RE: Maryknoll Residence/Annexation Dear Kevin: Enclosed find 2 currently dated checks replacing the 2 you returned to me with reference to the Maryknoll annexation. You returned these to me several weeks ago and I apologize for the delay in getting these new checks to you, but we had a very severe personal tragedy in the family with the death of my son, which kept me from the office for some period. I am also returning the updated petition signature page. I trust you will proceed with the annexation with dispatch, for which I thank you. Very truly ours �ERALD B. SEN GBH: jo Enclosures Sy zy� LAN OFFICES OF GERALD B. HANSEN SUITE 120E 12 S. FIRST STREET RICHARD V. BRESSANI SAN JOSE, CALIFORNIA 95113 TELEPHONE (408)294-0868 (1894-1959) FAX (408) 998-7289 February 23 , 1990 City of Cupertino Public Works Department PUBLIC WORKS 10300 Torre Avenue Cupertino, CA 95014 FEB 2 6 1990 Attention: Kevin Gentlemen: Enclosed please find original Application for Annexation to the City of Cupertino on behalf of our client, Catholic Foreign Mission Society of America, Inc. (Maryknoll) for its 29 . 224 acres site. The original petition has been signed by an officer of the corporation and we enclose the Supplemental Application answers to those questions as requested. We also enclose the three checks requested and a copy of the current Title Report on the property. This is Commonwealth Land Title Insurance Company Preliminary Report Number 342335-A. I would appreciate acknowledgment of receipt of the enclosures by your signing and returning a copy of this letter to me in the enclosed envelope indicating that our application is not complete. There is one additional request I would make if you would be so kind. Since our client's main interest in the annexation is to be able to hook on to a large water main that is going to be installed further down Cristo Rey Drive pass out property down into the Forum Development, we would like to hear from somebody in Public Works as to what, if anything, we can do to expedite the installation of this line and our hooking on to the same. Thank you for your cooperation. Very truly your"s `Gerald ansen GBH: jae-h Enclosure: Acknowledgment of Receipt By: S%L9B �;'.e 1�r�•eI I CitM of Cuperti"o City of Cupertino 10300 Torre Avenue Cupertino, California 95014 (408) 252-4505 mWSMI= MMRANDLIM nATE: 4-22 -cl I TO: Gerald g- Hansen PRLITEJCP: Marl IZS . Firs+ S+ S+e I2US Annex a+ion San j oSe; CH 951 13 ARTEMON: Gerald Hansen) FILE NO: 9Z,298 We are enclosing the following: CheckS av)d QnnPXa+lOn Pe-I. 1-}inn SlanO+Ure, Dace . Comients: Plense- cane6 ) GhecKs and slaha+Ure, or) ff Vlon , 1 � you have anV gyPSffon S Coh+act iSeU (n ktecek) a+ z52- 4sos . CITY OF CUPERTINO e-u( r, af(dev) • w Ruth and Going, Inc. I May 2, 1990 17100-065 DESCRIPTION OF THE LANDS OF CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC. FOR THE PURPOSES OF ANNEXATION INTO THE CITY OF CUPERTINO . All that real property, situate in the County of Santa Clara, State of California, being described as follows: BEGINNING at the intersection of the Southwesterly line of Parcel 2, as said parcel is described in the Final Order of Condemnation No. P8390 had in the Superior Court of the State of California, in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which decree was recorded September 7, 1965 in Book 7096, page 183 of the Official Records of Santa Clara County, with the Northwesterly line of that certain 37.92 acre parcel of land conveyed to the Catholic Foreign Mission Society of America by Deed, recorded July 29, 1929 in Book 478, page 11, of the Official Records of Santa Clara County; said point being in the Northeasterly line of that certain Parcel of land annexed to the City of Cupertino by Resolution No. 6943 entitled "El Camino Hospital 85-05'; thence along last named line the following six courses and distances: South 27' 33' 10" West 408.17 feet, South 12' 29' 50" East 977.00 feet, South 38' 59' 50" East 528.00 feet, South 83' 57' 50" East 355.24 feet, North 39' 00' 10" East 699.99 feet, and North 23' 38' 20" West 278.48 feet to the Southerly corner of Parcel 2, hereinabove described; thence along the Southwesterly line of said Parcel 2, the following six courses and distances: North 60' 32' 04" West 8.01 feet, North 44' 28' 12" West 344.50 feet, North 54' 35' 32" West 532.30 feet, North 22' 21' 22" West 125.24 feet, North 43' 35' 15" West 199.56 feet and North 46' 47' 46" West 224.19 feet to the said point of beginning of this description. +423D:vad N1Poey foil g9, z98 90 z Z0 N 46'47'46" W SITE S 224.19' T9T LOCATION MAP A F Z oO N 43.35" 5" W �8p N.T.S. ti 199.56' 09e you N 22'21'22" W op 125.24' �B `J N 5435'32" W 532.30' N tD ( N 44'27'12" W 0 o MARYKNOLL 344.50' 29.24 acres S 60'32'04" E 1� m 342-05-23 N 23'38'20" W 8.01, 278.48, - 0 y / O �A 9j) S 83'S7'50`" E oy 355.24 os PLAT TO ACCOMPANY THE DESCRIPTION OF LANDS OF THE CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, INC. FOR THE PURPOSES OF ANNEXATION INTO THE CITY OF CUPERTINO DRAWN: MJD RUTH AND GOING, INC. SCALE: 1"=400' CHKD.: MJD + Civil Engineering Land Surve in 9 DATE: 5/7/90 DEPT.: SURVEY ON LU�.AK. � JOB # 17100-065 i�- IR8% 298 City of Cupertino (408)252-4505 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVER*= REORGANIZATION ACr OF 1985 The undersigned hereby petition(s) the City Council of the City of Cupertino 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 Goverrmient Code (conmrencing with Section 56000, Cortese-Knox Local Government Reorganization Act of 1985) . 2. The proposed change of organization is designated as: "Maryknoll 90-4 and consists of: X annexation to The City of Cupertino detachment from (name City/District) of 29.24 (number of) acres on the south (n/s/e/w) side of Interstate 280 (Street/Avenue) between St. Joseph's Seminary (Street/Avenue) and Gate of Heaven Cemetary (Street/Avenue) and (if applicable) _ annexation detachment of the same to/from (name City/District(s) ) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal, marked Exhibit A, and a map of 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) uninhabited. 5. This proposal x _ is consistent with the Sphere of Influence is not of the affected city and district(s) . 6. The reasons(s) for the proposed annexation (annexation, detachment, reorganization, etc.) is/are: To procure city services Z 99 Cupertino: Annexation Petition -2- 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: 8. The person(s) signing this petition has/have signed as (check one) : owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponents) _ do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioners) 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 . ** 2/`J/90 Catholic Foreign Mission Society of America , Inc . , a California corporation �_ ze x>(xxx)gxxxxx-xxxx By : o c� Title '-Assistant Treasurer Phone : ( C ) a — 0 (o 66•0n.. — affar�� 23000 Cristo Rey Drive 342-05-023 Los Altos , CA 94022 Phone : (_) _- * - For proposals involving uninhabited territory or for landowner-initiated proposals. ** - For proposals involving inhabited territory or for resident-voter initiated proposals. City of Cupertino (408)252-4505 10300 Torre Avenue Cupertino, CA 95014 SUPPILM NPAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization (annexation or detachment) or reorganization (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sect. 56000 et seq.) PROPOSAL DESIGNATION: "Maryknoll 90-4" Annexation ) to/fM City of Cupertino Imk) (City or Spec. District) ENVIRONMENTAL STATUS OF PROPOSAL X City of Cupertinn , as Lead Agency for environmental review (Name of City/ jiuW of the project, has already nreznned (prezoned? other approval action?) the territory on , and in ccirpliance with CEQA, has: (date) determined that the annexation is categorically exempt from provisions of CEQA pursuant to Cal.Adm.Code Sec. (cite class exemption section) . carpleted an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. completed a Final EIR for the annexation, a copy of which is attached to this application. City of Cupertino City Council is to be Lead Agency for the environmental review of the project and the completed Environmental Information Form required by Planning staff is attached to this application. (Planning staff phone: (408) 252-4505.) Proposal is categorically exempt from provisions of CEQA pursuant to Cal. Adm. Cade Sec. because CHARAC=SPICS OF THE AREA 1. Number of acres 29.24 2. Number of inhabitants 18 3. Number of registered voters 18 4. Number of dwelling units 1 5. a. What is the present use of the area (be brief, but specific) : Resident building for retired Maryknoll missionaries. b. Indicate the parcel numbers of those parcels, if any, which are under contract 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? 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area (Note: Prezoning is a filing requirement for city annexations) : b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES_ NO_ If YES, indicate the new zoning which will be sought. 7. For City or district annexations, describe the development being proposed for the territory, if any, and when this development is expected to begin. No further development is now planned- B. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES1 NO_ If No, please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES_ NO X If YES, answer the following questions: a. Number of acres in the island, corridor or strip? (If more than one island is being created, indicate the acreage of each island.) b. Number of inhabitants? C. Assessed value? d. Land use and zoning in island, corridor or strip? e. Describe present and proposed sewer and water services in island: f. Does the proponent request waiver of restriction against creation of an island? YES NO If YES, explain why creation of an island is justified. SERVICES 10. Is the territory proposed for annexation/detac2mient/reorganization in the City or District's urban service area: YES X NO 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES_ NC-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 fin- anced 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: $ Jyr. for _ yrs. $____/yr. for _ yrs. Supp. Appl. -3- 13. List all cities, special districts, (including school districts) and County Service Areas located within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importation.) (Refer to County Tax Rate Code Book for this information) : Cupertino Elementary School District Mid-Peninsula Open Space District Fremont High School District Foothill Community College LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexatoin/detac tent/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 names, addresses, etc.) Assessor's parcel number, assessed land (not improvements) valuation, and, if 100% property-owner consent has been obtained, certification by City Clerk must be added prior to consideration. Hearing not required if 100% property owner consent is obtained. Assessed Signature Street Address/ Parcel Value of Date (Print name below) City/State/Zip Tel. No. No. Land 10 0 Rev Norbert J Bans 23000 Christo Rey Dr 342-05-023 $517,338 "See Petition" Los Altos, CA 94022 (If additional space required, continue list on separate sheet & attach.) * "Owner of lard means any person shown as the owner of land on the last Equalized Assessment Roll; where such person is no longer the owner, then any person entitled to be shown as owner of land on the next Assessment Roll; where land is subject to a recorded written agreement of sale, any person shown therein as purchaser, and any public agency owning land." Government Code Section 56048. Supp. Appl. -4- CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal) I CE EIFY that I have checked the number of owners of property located within the annexation/ proposed by this application and that the _ (number) signatures above represent all of the owners of property included in this proposal. I FURnjER CERTIFY that, Pursuant to Govesrmtent Code Section 56839, the City will make determinations on this proposal without notice or hearing. Date: City Clerk City of Cupertino (Seal) 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 are not required. Hearing will be held for less-than-100%-consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet & attach.) C. FOR NOT-100% CONSENP PROPOSALS, list all registered voters residing in the territory proposed for annexation/detachment/re- organization if different from the landowners shown in 14a. and 14b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) Supp. Appl. -5- 15. Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing (in addition to the Clerk/Administrator of each affected city or district) : Street Address Name City/State/Zip (1) (2) (3) 16. I hereby certify that all LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate. Travice Whitten 10300 Torre Avenue (Print name of person ccmplete- Cupertino, CA 95014 ing this application) (Address) (Signature) (Date) NOTE: It is a general IAFCO filing requirement that a copy of this application be filed with each school district shown on question #13 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to submit this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met. ® COMMO&EALTH 4 LAND TITLE INSURANCE COMPANY X MAIN OFFICE: A Reliance Group Holdings Company 333 W. Santa Clara St., Suite 110 San Jose, California 95113 (408)998-4646 _1100 Hamilton Ave., Suite B _3464 Stevens Creek Blvd._676 Blossom Hill Road — 800 El Camino Real West Campbell,CA 95008 San Jose, CA 95117 San Jose, CA 95123 Ste. 100,Mountain View, CA 94040 (408) 371-1330 (408) 244-5005 (408) 629-0111 (415)965-8833 PRELIMINARY REPORT GERALD B. HANSEN OUR NO: 342335-A 12 S. 1st Street, Suite 1205 San Jose, CA 95113 YOUR NO: BUYER: PROPERTY ADDRESS: In response to the above referenced application for a policy of title insurance, the insurer hereby reports that It is prepared to Issue by Commonwealth Land Title Insurance Company, as of the date hereof, a PoIIcy or PoIIci as 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 Exhibit A 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 liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AS REQUIRED BY SECTION 12404 OF THE INSURANCE CODE AND RULE 2 OF THE DEPARTMENT OF INSURANCE BULLETIN 74-2. DATED: August 29, 1989 at 7:30 a.m. ESCROW OFFICER: KENNETH D. STRYKER The form of policy of title insurance contemplated by this report is: CLTA and/or ALTA. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee as to Parcel (s) One; an Easement as to Parcel (s) Two Title to said estate or interest at the date hereof is vested In: CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, a California corporation The land referred to in this Report is situated in the Unincorporated Area, County of Santa Clara, State of California, and is described as follows: See SCHEDULE C At the date hereof exceptions to coverage In addition to the prinlud exceptions and exclusions contained In said policy form would be as follows: Escrow No. 342335-A 1. Taxes for fiscal year 1989-1990, a lien not yet payable. 2. 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. 3. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, as contained in the instrument In Favor Of G. H. and T. F. Grant For water pipe lines Recorded October 26, 1868 in Book C Page 241 of Miscellaneous Records Affects The exact location thereof cannot be ascertained from the records of Santa Clara County 4. Recitals contained in the following document or instrument of record: Instrument Final Order of Condemnation Executed by The People of the State of California, acting by and through the Department of Public Works Dated September 7, 1965 Recorded September 7, 1965 in Book 7096, page 183 Official Records, as follows: Lands abutting said freeway shall have no right or easement of access thereto. 5. A conveyance changing conditions restrictions on use by a Quitclaim Deed from The Roman Catholic Archbishop of San Francisco, a corporation sole Cecorded September 11 , 1970 in Book 9050, Pages 354, 355, 356 and 357, as follows: Subject to the restriction and upon the condition that the property hereby con- veyed shall be used only for any purposes consonant with the purpose and func- tions of the Maryknoll Society as approved by the Congregation for the Evangelization of Peoples, and upon the condition subsequent that the whole of the property hereby conveyed and all buildings and improvements and all appur- tenances thereto shall immediately revert to and revert and vest in the grantor or its successors or assigns upon in the event that said grantee fails to use said property for such purposes. Upon such reverting and revesting the grantor, its successors or assigns will return or pay back to the grantee three hundred dollars ($300.00) per acre, and will also return or pay to the grantee the actual value of the improvements upon said property at the time of such reverting and revesting. 6. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, as contained in the instrument In Favor Of Pacific Telephone and Telegraph Company, a cor- poration, its successors and assigns For underground facilities Recorded September 15, 197U in Book 9055 Page 78, Official Records Affects Located within that portion of said real property comprising a strip of land 5 feet in width, the center line of which 'is described as follows: Page 2 Escrow'No. 342335-A Beginning at a point on the line described as South 380 59' 50" East 528.00 feet, distant thereon North 380 59' 50" West 283.87 feet from the Southeasterly ter- minus thereof, as said line is shown and delineated on that certain Map entitled "Record of Survey of the Lands of the Roman Catholic Archbishop of San Francisco in T. 7 S. R. 2 W. M.D.B.& M. , Santa Clara County, California" recorded October 16, 1969 in Book 260 of Maps at pages 28-32, inclusive, Santa Clara County Records, said line also being the Southwesterly line of said real property; thence form said Point of Beginning and leaving said line, North 390 32' 27" East 175.60 feet; thence North 300 26' 27" East 48.75 feet; thence ,North 110 20' 33" West 241.87 feet; thence North 30 28' 33" West 66.54 feet to a point hereinafter referred to as point "A" , said point being at Grantee' s existing pole. Pole line facilities, consisting of aerial wires and cables with associated poles, anchors, guys, fixtures and appurtenances will be located within that por- tion of said real property comprising a strip of land 5 feet in width, the center line of which is described as follows: Beginning at point "A" referred to above; thence South 19' 20' 27" West 20 feet to the True Point of Beginning; thence from said True Point of Beginning, North 190 20' 27" East 542 feet, more or less , to a point on the Southwesterly line of Interstate Highway 280. 7. The effect of that certain Deed of Right of Way for Road Purposes and an offer to Dedicate for Public Street and Road Purposes, executed by The Roman Catholic Archbishop of San Francisco, a (California) corporation sole in favor of owners of existing developed sites, dated July 7, 1977 and recorded October 11 , 1977 in Book D 197 of Official Records, Page 701, affecting that portion of• the premises, described therein as follows: A strip of land 60 feet in width lying 30 feet on each side of the following described centerline: Beginning at a point in the line described as North 440 16' 46" East 85.00 feet, distant thereon South 440 16" 46" West 30.00 feet from the northeasterly terminus thereof, as said line is described in Parcel 1A of the Final Order of Condemnation recorded September 7, 1965 in Book 7096 at page 185, Santa Clara County Records; thence leaving said line North 450 43' 14" West 315.42 feet; thence on the arc of a tangent curve to the left, having a radius of 489.0 feet, a central angle of 270 50' 37" a distance of 237.64; thence tangent to the pre- ceding curve North 73° 33' 51" West 176.83 feet; thence on the arc of a tangent curve to the left having a radius of 389.0 feet, a central angle of 810 00' a distance of 549.94 feet; thence tangent to the preceding curve, South 250 26' 09" West 117.70 feet; thence on the arc of a tangent curve to the right having a radius of 1000 feet, a central angle of 130 00' a distance of 226.89 feet; thence tangent to the preceding curve, South 380 26' 09" West 552.92 feet; thence on the arc of a tangent curve to the right, having a radius of 250 feet, a central angle of 700 33' 03" a distance of 329.47 feet; thence tangent to the preceding curve, North 710 00' 48" West 257.01 feet; thence on the arc of a tangent curve to .the right, having a radius of 300 feet, a central angle of 40' 44' 52" , a distance of 213.35 feet; thence tangent to the preceding curve, North 300 15' 56" West 248.35 feet; thence on the arc of a tangent curve to the right, having a radius of 400 feet, a central angle of 250 12' 5011 , a distance of 177.07 feet; thence tangent to the preceding curve, North 40 54' 06" West 111.50' to a point hereby Page 3 Escrow'No. 342335-A designated Point "A"; thence continuing North 40 54' 06" West 376.55 feet; thence on the arc of a tangent curve to the left, having a radius of 400 feet, a central angle of 240 56' 11" a distance of 174.09 feet to a point of reverse curve; thence on the arc of a tangent curve to the right, having a radius of 175 feet, a distance of 267 feet, more or less, to a point on the Westerly line of the lands of the "Catholic Foreign Mission Society of America" (478 O.R. P. 11) and the Northerly terminus of this easement. Reserving to Grantor, its successors and assigns, all Grantor' s access and other rights as owner of the abutting property. (Affects Parcel Two, Cristo Rey Drive and adjoining property) 8. The effect of that certain Deed of Right of Way for Road Purposes and an offer to Dedicate for Public Street and Road Purposes, executed by The Roman Catholic Archibishop of San Francisco, a (California) corporation Sole in favor of owners of existing developed sites, recorded May 30, 1979 in Book E 530 of Official Records, Page 196, affecting that portion of the premises, described therein as follows: A strip fo land 60 feet width lying 30 feet on each side of the following described centerline: Beginning at a point in the line described as North 440 16' 46" East 85.00 feet, distant thereon South 440 16' 46" West 30.00 feet from the Northeasterly terminus thereof, as said line is described in Parcel lA of the Final Order of Condemnation recorded September 7, 1965 to Book 7096 at page' 185, Santa Clara County Records; thence leaving said line North 450 43' 14" West 315.42 feet thence on the arc of a tangent curve to the left, having a radius of 489.0 feet, a central angle of 270 50' 37" a distance of 237.64' ; thence tangent to the pre- ceding curve North 730 33' 51" West 176.83 feet; thence on the arc of a tangent curve to the left having a radius of 389.0 feet, a central angle of 810 00' a distance of 549.94 feet; thence tangent to the preceding curve, South 25" 26' 09" West 117.70 feet; thence on the arc of a tangent curve to the right having a radius of 1000 feet, a central angle of 130 00' a distance of 226.89 feet; thence tangent to the preceding curve, South 38° 26' 09" West 552.92 feet; thence on the arc of a tangent curve to the right, having a radius of 250 feet a central angle of 700 33' 03" a distance of 329.47 feet; thence tangent to the preceding curve, North 710 00' 48" West 257.01 feet; thence on the arc of a tangent curve to the right, having a radius of 300 feet, a central angle of 400 44' 52" , a distance of 213.35 feet; thence tangent to the preceding curve, North 300 15' 56" West 70 feet more or less to the lands of the County of Santa Claa, recorded October 11 , 1977 in Book D 197, at page 796, Santa Clara County Records, thence along the boundary of said lands of the County of Santa Clara North 30" 14' 40" West 196.71 feet to the termius of this strip of land. (Affects a portion of Cristo Rey Drive) Note: A Resolution of the Board of Supervisors of the County of Santa Clara accepting a road known as Cristo Rey Drive, into the County Road System, as Deeded above was recorded July 20, 1979 in Book E 657 Page 183, Official Records. (Affects Parcel Two and other property) Page 4 Escrow No. 342335-A NOTE: General and special taxes for the fiscal year 1988-1989. Parcel No. 342-05-023 Code Area 63-070 First Installment $5,098.94 paid Second Installment $5,098.94 paid Land $507,195.00 Improvements $642,504.00 Owner' s Exemption none Personal Property $43,282.00 Additional Exemption $939,383.00 Page 5 Escrow' No. 342335-A SCHEDULE C All that certain real property situate in the unincorporated area, County of Santa Clara, State of California, described as follows: PARCEL ONE: That certain parcel of land described in the Deed from The Roman Catholic Archbishop of San Francisco, a corporation sole, to Catholic Foreign Mission Society of America, a corporation, dated May 3, 1926 and recorded July 29, 1929 in Book 478 of Official Records, page 11 , described as follows, to wit: Commencing at a point which is distant South 530 16' East 2470.33 feet from the center of Grant Road and on the line between the lands now or formerly of Robert Prosser and the lands of St. Joseph' s Jr. Seminary; thence South 260 35' West 729. 10 feet to an iron pipe; thence South 130 28 East 977 feet to an iron pipe; thence South 390 58' East 528 feet to an iron pipe; thence South 84° 56' East 355 feet to an iron pipe; thence North 380 02' East 690 feet to an iron pipe; thence North 240 38' West 1229.15 feet to an iron pipe on the line between the lands of Robert Prosser and St. Joseph' s Jr. Seminary; thence along said line North 530 16' West 631.30 feet to an iron pipe and 2" x 4" stake, the point of commencement, and being a portion of Rancho San Antonio. Excepting therefrom Parcel 2 for freeway purposes, as described in that certain Final Order of Condemnation entered. on September 7, 1965 in the Superior Court of the State of California, in and for the County of Santa Clara, in that certain Action entitled, "The People of the State of California vs. The Roman Catholic Archbishop of San Francisco, a corporation sole, et al " , Case No. 161476, a certified copy of which order was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 7, 1965 in Book 7096 of Official Records, Page 183, and more particularly described as follows: Commencing at the most Northerly corner of the 37.92 acre parcel of land conveyed to Catholic Foreign Mission Society of America, a California corporation, by Deed recorded July 29, 1929, in Book 478 at Page 11, Official Records of Santa Clara County; thence along the Northeasterly line of said Parcel S. 520 17' 50" E. 631.27 feet to the general Easterly line of said parcel ; thence along last said line S. 230 37' 33" E. 950.05 feet; thence N. 600 32' 04" W. , 8.01 feet; thence N. 440 28' 12" W. 344.50 feet; thence N. 540 35' 32" W. , 532.30 feet; thence N. 220 21 ' 22" W. , 125.24 feet; thence N. 430 35' 15" W. , 199.56 feet; thence N. 460 47' 46" W. , 222.15 feet to the Northwesterly line of said Parcel ; thence along last said line N. 270 33' 10" E. , 322.39 feet to the point of commencement, Containing 8.726 acres, more or less. PARCEL TWO: A non-exclusive easement for ingress and egress across A strip of land 30 feet in width lying 15 feet on each side of the following described line: Page 6 Escrow No. 342335-A Parcel 1: Beginning at a point in the line described as North 440 16" 46" East 85.00 feet, distant thereon South 440 16" 46" West 30.00 feet from the Northeasterly terminus thereof, as said line is described in Parcel 1A of the Final Order of Condemnation recorded September 7, 1965 in Book 7096 at page 185, Santa Clara County Records; thence leaving said line North 450 43' 14" West 315.42 feet; thence on the arc of a tangent curve to the left having a radius of 489.0 feet, a central angle of 270 50' .37" a distance of 237.64; thence tangent to the preceding curve North 730 33' 51" West 176.83 feet; thence on the arc of a tangent curve to the left having a radius of 389.0 feet, a central angle of 810 00' a distance of 549.94 feet; thence tangent to the preceding curve, South 250 26' 09" West 117.70 feet; thence on the arc of a tangent curve to the right having a radius of 1000 feet, a central angle of 130 00, a distance of 226.89 feet; thence tangent to the preceding curve, South 380 26, 09" West 552.92 feet; thence on the arc of a tangent curve to the right, having a radius of 250 feet, a central angle of 700 33' 03" a distance of 329.47 feet; thence tangent to the preceding curve, North 710 00' 48" West 257.01 feet; thence on the arc of a tangent curve to the right, having a radius of 300 feet, a central angle of 400 44' 52" a distance of 213.35 feet; thence tangent to the preceding curve, North 300 15' 56" West 248.35 feet; thence on the arc of a tangent curve to the right, having a raduis of 400 feet, a central angle of 250 12' 50" a distance of 177.07 feet; thence tangent to the preceding curve, North 40 54' 06" West 111.50 feet to a point hereby designated Point "A" ; thence continuing North 4° 54' 06" West 376.55 feet; thence on the arc of a tangent curve to the left, having a radius of 400 feet, a central angle of 240 56' 11" a distance of 174.09 feet to a point of reverse curve; thence on the arc of a tangent curve to the right, having a radius of 175 feet, a distance of 267 feet, more or less, to a point on the Westerly line of the lands of the ,"Catholic Foreign Mission Society of America" (478 O.R. , P. 11) and the Northerly terminus of this easement. Parcel 2: A strip of land 30 feet in width lying 15 feet on each side of the following described line: Beginning at Point "A" , as said point is designated in Parcel lhabove; thence North 850 05' 54" East 64.90 feet; thence on the arc of a tangent curve to the left, having a radius of 250 feet a central angle of 430 28' 00" a distance of 189.66 feet to a point on the Westerly line of the lands of "Catholic Foreign Mission Society of America" (478 O.R. , P. 11) and the Easterly terminus of this easement. The Roman Catholic Archbishop of San Francisco reserves the right to alter or relo- cate the above described easements at his discretion, providing reasonable access is maintained for the Catholic Foreign Mission Society of America. As granted in the Deed from The Roman Catholic Archbishop of San Francisco, a cor- poration sole to Catholic Foreign Mission Society of America, recorded September 11 , 1970 in Book 9050 Page 358, Official Records. (ARB ♦Y 342-5-23 & R/W *25, *26) Page 7 . giAF O 1O \Z t� t t O O AZ 6 O : v s -� -T'i. LJ �_ " •��•I EOOTHIIL 9WO trait is ��+�i ay N• •rat«r.ql' :4 .'.ai+c it of to tt situ '16 1, _17 ra2w.. �� •f ....,: > .;F 24 •,��` no.rft;. ,.r:..y,..to ,..,. ,. . ' o�/ / �1 t�� . -S7) M - a:-• t� �r w0) a . cr 44 !� ••\ 24 2:.it Nn 16 a �• 'Y n ^0 K. �` CO°Ni. Gr 6J lh:�•Jid.7 iKey a .\\` � ?�. COrN 15awi4 rta•4 t N2:4:NET •Y��•- •t, ail- 4/21094C NET ` 'r_�`�� r t • `:• •4 V7 pC NET is '�� ..,�� . -\ c NET �'I is , - h h a ,w N.• \r .• .fJL...4r., 1 t s �E X � �t • ��t ai.61 sc i!:• CO OF $4N Tp C14R4 • .n `� NORTH COUNTY R44 Ally a \ 50 CO 4C NET R 0 s 4"141 �' ,p•� /i / ` ♦•T%C ;� \� ��.�.rt•• •• ... - 'to- . .O Ykx,� . t• `� COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company CLTA Preliminary Report Form EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 EXCLUSIONS FROM COVERAGE The following mailers 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: I.(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;(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 any violation of these laws,ordinances or governmental regulaliorrs,except 10 111C extent that a notice of the enforcement thereof or a notice of a defect,Gen or encumbrance resulting front a violation or alleged violation affecting the land hos been recorded in the public records at Date of Policy. (b)Any governmental policy 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 chdamm; (b)not known to the Company,not recorded in the public records as Dale of Policy,but known to Lite 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 for the estate or interest insured by this policy. 4. Uncnforceability of llte lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or llte inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the slate in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises our 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(SCHEDULE B- PART 1) 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: 1.7kxes 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 LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (REVISED 10-17-70 AND 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a)Governmental police power. (b)Any law,ordinance or governmental regulation relating to environmental protection. (c)Any law,ordinance or governmental regulation(including but not Itttuled to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the 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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d)The effect of any violation of the matters excluded under(a),(b),or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state Statutes deeds,mortgages,his pendens,liens or other tide encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,building,health or public safely authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date 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 the 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 Lite 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 insuranco is afforded herein as to assessments for street improvements under construction or completed at Date of Policy.) 4. Unenlorceability 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 upplicable"doing business" laws of the state in which the land is situated. Valid Only If Schedules A, G and Cover Are Attached Form 2210-I (CA) Rev" 3-R9 revwutt w nnurwuen nu oer•vs CLTA Preliminary Report Form EXHIBIT A (Continued) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (REVISED 10.17.70 AND 10-17.84) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. ja) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or rogulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting 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. (d) The effect of any violation of the matters excluded under(a),(b),or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, bs pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided,however, that without limitation,such records shall not be construed to include records in any of the offices of federal, slate or local environmental protection,zoning,building, health or public safety authorities. 2. Rights of eminent domain unless notice of the excercise 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 the 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 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 Dale of Policy;(e)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. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedule B, 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. Thu right to lake the land by condemning it. unless a nonce of taking appears In Ilia public records on Ilia Policy Dale. 3. Title Risks: •that are created, allowed, or agreed to by you •that are known to you,but not to us,on the Policy Dale—unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Dale—this does not limit Ilia labor and material lien coverage In Item 8 of Covered Mlle 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. Fam 0421e1 Inev. 10 841 All that certain real property situate in the unincorporated area, County of Santa Clara, State of California, described as follows: That certain parcel of land described in the Deed from The Roman Catholic Archbishop of San Francisco, a corporation sole, to Catholic Foreign Mission Society of America, a corporation, dated May 3, 1926 and recorded July 29, 1929 in Book 478 of Official Records, page 11 , described as follows, to wit: Commencing at a point which is distant South 530 16' East 2470.33 feet from the center of Q'rant Road and on the line between the lands now or formerly of Robert Prosser and the lands of St. Joseph' s Jr. Seminary; thence South 260 35' West 729.10 feet to an iron pipe; thence South 130 28 East 977 feet to an iron pipe; thence South 39' 58' East 528 feet to an iron pipe; thence South 840 56' East 355 feet to an iron pipe; thence North 380 02' East 690 feet to an iron pipe; thence North 240 38, West 1229. 15 feet to an iron pipe on the line between the lands of Robert Prosser and St. Joseph' s Jr. Seminary; thence along said line North 530 16' West 631.30 feet to an iron pipe and 2" x 4" stake, the point of commencement, and being a portion of Rancho San Antonio. Excepting therefrom Parcel 2 for freeway purposes , as described in that certain Final Order of Condemnation entered. on September 7, 1965 in the Superior Court of the State of California, in and for the County of Santa Clara, in that certain Action entitled, "The People of the State of California vs. The Roman Catholic Archbishop 'of San Francisco, a corporation sole, et al ",, Case No. 161476, a certified copy of which order was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 7, 1965 in Book 7096 of Official Records, Page 183, and more particularly described as follows: Commencing at the most Northerly corner of the 37.92 acre parcel of land conveyed to Catholic Foreign Mission Society of America, a California corporation, by Deed recorded July 29, 1929, in Book 478 at Page 11, Official Records of Santa Clara County; thence along the Northeasterly line of said Parcel S. 520 17' 50" E. 631.27 feet to the general Easterly line of said parcel ; thence along last said line S. 23' 31' 33" E. 950.05 feet; thence N. 600 32' 04" W. , 8.01 feet,, thence N. 44" 28' 12" W. 344.50 feet; thence N. 540 35' 32" W. , 532.30 feet; thence N. 22" 21 ' 22" W. , 125.24 feet; thence N. 430 35' 15" W. , 199.56 feet; thence N. 460 47' 46" W. , 222.15 feet to the Northwesterly line of said Parcel ; thence along last said line N. 270 33' 10" E. , 322.39 feet to the point of commencement, Containing 8.726 acres , more or less. EXHIBIT A ;1 ,K 1. 7 ` 1• 8A4 Yp -1 � �P t\ as Yw Ynl Oil '.�•' . �t 4�•• :'`, :r1 {., %JLIlk Oil- 41 Q No. a s 14 . l • rrY 1 M 1 0 p I^31 a 1 Q Y,�—� 1 r • EXHIBIT B CITY OF CUPERTINO 10e00 Torre Avonuo Daparunenl of Planning 6 Davolopmenf Cuponino,CA. 95014 (400)252.4642 iamr-nnime - tl = f ec IS StaIf:US0Only :t E EA File No. _�=__________ Case File No(s). PROJECT DESCRIPTION Attachments? -----------_-._ PROJECT TITLE MAR.YKNOLL RESIDENCE PROJECT LOCATION 23000 Cristo Rey Drive , Los Altos , California 94040 PROJECT DESCRIPTION Continuation of existing M_iryknoll RctirclmnL and Care Facility on )xn t-ion of: 2q-acne site with provision for possible future expansion of this use with with other, related uses. This site for nviny. decades has been developed and used as a seminary first and then later as a rctireincnt facility. ENVIRONMENTAL SETTING Existing facility with a landmark pagoda-like tower sits union a high knoll on S1W side of 200 Freeway between Foothill Blvd. and St, Joseph Ave. over- looking Valley, the new Forum dcvel.orxnent, former. St.. Joseph Seminary and the. County park. PROJECT STATISTICS Site Area (ac.) 29.24 Building Coverage 6 % U- st. Building 52, 159 s.l. Proposed Bldg. 120,000s.r. Zone None, GP Designation Institutional Assessor's PargolNo. 342 • 5;• 23 225 units of 915 If Flosidonlial, Units/dross Acre Square-Feet; 10. 124% Applicable Special Area Plans: (Chock) ' NONC . Total No. Rental? Bedrooms Total s.l, Price Q Monla Vista Design Guidelines Unil T.ype.gl Q N. De Anza Conceptual Unit Typo 112 Pxistinq Rn t ' rm n L Faci.1.J. :V S. De Anza Conceptual Unit Type113 for. retired Mar. kn 11 Missi-onar Q S. Sara-Sunny Conceptual Unit Type N4 Pr.iest s and Brothers . Q Slvns. Crk. Blvd, Conceptual Unit Typo 115 Q Slvns. Crk. Blvd. SW & Uscape II Non•Residenlial, Building Area s.l. FAR Max, Employees/Shift 4 Parking Required. Parking Provided Project silo is Within Cupertino Urban Service Area Yes X No_ L ..... ...... ......... ........... :'�S '. ELIAST .. .. ..'ONINITIAL A) GENERAL PLAN SOURCES D) OUTSIDE AGENCIES 1) Cupertino General Plan. Land Use Element 22) County Planning Department 2) Cupertino General Plan, Public Salary Element 23) Adjacent City's Planning Department 3) Cupertino General Plan. Housing Element 24) County Department of Environmental Health 4) Cupertino General Plan, Circulation Element 25) MidPoninsula Regional Open Space District 5) Cupertino General Plan, Environmental Resources 26) County Parks and Recreation Department I Element 27) Cupertino Sanitary District 6) Cupertino General Plan,Appendix A—Hillside Develop- 28) Cupertino Union School District ment 28) Fromont Union High School District 7) Cupertino General Plan, Land Use Map 30) Pacific Gas &'Electric Company 8) City Ridgelino Policy 31) Contra[Fire District 91 Noise Element Amendment 32) County Sheriff 10) Cupertino General Plan Constraint Maps 33) CALTRANS 34) County Transportation Agency 8) CUPERTINO SOURCE DOCUMENTS 35) Santa Clara Valley Water District 11) Tree Presemilion Ordinance 778 E) OUTSIDE AGENCY DOCUMENTS 12) City Aerial Photography Maps 13) 'Cupertino Chronicle*(California History Center, 1976) 36) BAAOMD Survey of Contaminant Excesses 14) Geological Report(silo specific) 37) FEMA Flood Maps/SCVWD Flood Maps 15) Parking Ordinance 1277 38) USDA,'Soils of Santa Clara County' 16) Zoning Map 39) County Hazardous Waste Management Plan 17) Zoning Code/Spocitic Plan Documents 40) County Heritage Resources Inventory C) CITY AGENCIES F) OTHER SOURCES 18) Cupertino Planning & Community Development Dept. 41) Project Plan Set/Application Materials 19) Cupertino Public Works Dept. 42) Field Reconnaissance 20) Cupertino Parks & Recreation Department 43) Experience with project of similar scope/characteristics 21) Cupertino Water Utility 44) City Noise Ordinance 45) ABAG Projections Series .............. ...... Qg ....... ............... .,. , C I NST RU zTIONSIM, . 0 A 1) Complete aH Information requested on the Initial Study . 4) When explaining any YES response,label your answer Cover page, LEAVE BLANK SPACES ONLY clearly (Example: " N= 3. Historicar) Please try to WHEN A SPECIFIC ITEM IS NOT APPLI- respond concisely, and place as many explanatory CABLE. responses as possible on each pace. 2) Consult the Initial Study Source List;use the materials 5) Upon completing the checklist, sign and date the listed therein to complete the checklist information in Preparer's Affidavit. Categories A through O. 6) Please attach the following materials before submitting the Initial Study to the City: You are encouraged to cite other relevant sources; it such sources are used, jot in theirlille(s)Inthe"Source" - Project Plan Set or Legislative Document(I copy) column next to the question to which they relate. - Location map with site deafly marked(when applicable) 3) It you check any of the "YES" responses to any ques- tion, you must attach a sheet explaining the potential Impact and suggest mitigation If needed. IMPACT WILL THE PROJECT... Not SigNr t Si niGcant Cuntuiafive SOURCE Spnire i (Mitigation (No Proposed) Milpaliion Proposed) A) LAND USE/GENERAL PLAN 1) Require a change from the land use designation for the subject site in the General Plan? 0 0 Q 1,7,18 2) Require a change of zoning? Q Q Q Q 16, 18 3) Require a change or variance from an adopted specific plan other adopted policy statement? Q Q Q Q 0 17 18 4) Result in substantial change in the present land use of the site or that of adjoining properties? ® 0 0 0 7, 12, 6) Disrupt or divide the physical configuration of an established neighborhood? ® 0— 0 7, 12, 23, 42 7) Conflict with established recreational, educational, religious or scientific activities in the project vicinity? 0 7.12,16 B) GEOLOGIC/SEISMIC HAZARD 1) Be located in an area which has potential for major geologic hazard? ® 0 2, 14 2) Be located on or adjacent to a known earthquake fault? ® 0 2, 14 3) Be located in a Geologic Study Zone? 0 ® Q Q 2 4) Be located in an area of soil instability (subsidence, landslide, shrink/swell, soil creep or severe ero- sion)? 0 0 2, 5, 10 5) Cause substantial erosion or siltation of a water- a a course. 2, 5, 10 6) Cause substantial disruption, displacement, com- paction or overcovering of soil either on-site or off- ® Q site? 2, 14, 41 7) Cause substantial change in topography or in a ground surface feature? E:0 Q 0 0 12, 41 8) Involve construction of a building, road or septic system on a slope of 10% or greater? Q Q Q 0 0 6, 12, 41 C) RESOURCES/PARKS 1) Increase the existing removal rate, or result in the removal of a natural resource for commercial pur- poses (including items such as rock, sand, gravel, trees, minerals or topsoil)? ® 0 0 5, 10 2) Result in the substantial depletion of any non-renew- able natural resource? ® Q Q 0 0 5 3) Convert prime agricultural land (Class I or II soils)to non-agricultural use or impair the agricultural pro- ductivity of nearby prime agricultural land? ® 0 Q 0 5, 35 4) Involve lands currently protected under the William- son Act or any Open Space easement? 5, 18 5) Substantially affect any existing agricultural uses? ® 0 0 7 16 0 IMPACT YES WILL THEPROJECT... NO�N Not Sipnilitanl Signilirdnl Cumulalry SOURCE - Signdir t (Mitigation (No - Proposed) Wigatnon Proposed) 6) Be located on, within or near a public or private recreation facility, park,wildlife preserve, public trail either in existence already or planned for future implementation? 0 0 0 0 5, 10. 12, 22, 25 D) SEWAGE/WATER QUALITY 1) Result in a septic field being constructed on soil with r� severe drainfield performance limitations? Lam-± 0 0 6. 19 2) Result in a septic field being located within 50 feet of a drainage Swale or within 100 feet of any well,water course or water body? ® 35, 41, 42 3) Result in extension of a sewer main line with capacity to serve new development? 0 0 0 19. 41 4) Substantially degrade surface or ground water qual- ity, or the public water supply? ® 0 0 19, 35. 38 5) Be located in an area of water supply concern(such as low fire flows)? 0 0 19, 31 E) DRAINAGE/FLOODING 1) Interfere substantially with ground water recharge? © Q Q Q 19, 35 2) Substantially change the direction, rate of flow or quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Q 0 0 0 19, 35, 41 3) Change the absorption rates, drainage patterns or the rate/amount of surface runoff? ® 0 0 19. 35 4) Involve a natural drainage channel or streambed or watercourse such as to alter the location,course or flow of its waters? X 35, 41, 42 5) Be located in a floodway or floodplain Area? ® 0 0 0 37 F) ... ..FLORA AND FAUNA 1) Significantly affect fish, wildlife, reptiles or plant life by changing the diversity or numbers of existing species, or by introducing new species, or by restricting migration or movement? ® 0 0 5, 2) Substantially reduce the habitat area for fish, ani- mals or plants? 0 0 5, 10 3) Change the existing habitat, food source or nesting place for a rare or endangered specie of plants or animals? ® 0 0 0 5, 10 4) Involve construction within 100 feet of a riparian area? 0 0 0 0 10, 41, 42 5) Involve cutting/removal of specimen scale trees, whether indigenous to the site or introduced? 0 11, 41, 42 IMPACT W ILL THEPROJECT.., YES y-� Not sor�ni Sgmkant CwnAuv SOURCE �`N Sip nif�anl (Manton INo Proposed) Miti aplon Proposed) PORTATION increase in traffic which is substantial in the existing traffic load and capacity of the tem? ® 0 Q 0 0 q 19, 33 y public or private street intersection to elow Level of Service D? ® 0 Q Q 4 19 3) Increase traffic hazards to pedestrians,bicyclists and vehicles? . 19 32 4) Adversely affect access to commercial establish- ments, public buildings, schools, parks or other pe- destrian oriented activity areas? ® �' 0 Q u 10 19 5) Cause a reduction in public transportation service at or near the project site? Q Q Q 34 6) Increase demand upon existing parking facilities, or engender demand for new parking space? 18, 41 7) Inhibit use of alternative modes of transportation to private automobile usage?, © [� �] 0 �] 5, 19, 33, 34 H) HOUSING 1) Reduce the supply of affordable housing in the community, or result in the displacement of persons from their present home? 0 0 0 0 3, 18 2) Increase the cost of housing in the area, or substan- tially change the variety of housing types found in the ® Q 3, 18 community? 3) Create a substantial demand for new housing? [ ] 0 0 0 3, 18, 45 HEALTH & SAFETY 1) Involve the application,use,disposal or manufacture of potentially hazardous materials? 0 0 31, 39, 41 2) Involve risk of explosion or other forms of uncon- trolled release of hazardous substances? ® 31. 43 3) Involve the removal orconlinued use of any existing, or installation of any new underground chemical or fuel storage lank? ® 0 0 0 0 31, 41, 42 4) Be located in an area of seasonal fire danger? ® Q Q 0 2, 31 5) Employ technology which could adversely affect public safely in the event of a breakdown? 0 0 0 41. 43 6) Provide breeding grounds for mosquitos or other disease vectors? 0 Q Q Q 24 J) AIR QUALITY 1) Create objectionable odors? 0 0 41, 43 2) Violate any ambient air quality standards,contribute substantially to an existing or projected air quality violation,or expose sensitive receptors to substantial concentrations of pollutants? ® 0 0 5, 36, 41 IMPACT WILL THEPROJECT... YES Nol SipNfranl Signilicanl cumulave SOURCE Signih=l (Mitigation (No Proposed) Miligavion P(oposed) K) NOISE 1) Increase substantially the ambient noise environ- ment of the project vicinity during conslruction'of the project? ® 0 0 9, 41 2) Result in a sustained Increase in ambient noise levels in the project vicinity following construction of the project? 0 0 9, 41 3) Result in sustained noise levels beyond the thresh- olds of sound energy and duration limits contained in the City's Noise Ordinance? ® 0 0 9.44 L) AESTHETICS 1) Be generally in conformance with applicable design guidelines? 0 0 17. 41 2) Create an aesthetically oltensive site open to public view? ® 0 0 41.42 3) Visually intrude upon an area of natural scenic quali- ties? ® 0 0 5, 42 4) Obstruct view of a scenic ridgeline visibile from the valley floor? 5. 8. 5) Obstruct views of the city's adjacent hillsides from residential areas or public lands ® 0 10, 22, 24, 41 6) Adversely affect the architectural character of an established neighborhood or business district? ® 0 0 0 41. 42 7) Produce glare from artifieial lighting sources upon adjacent properties or public roadways? ® 0 0 0 0 41, 43 M) ENERGY 1) Involve the use of unusually large quantities of fossil fuels or non-renewable energy sources? ® 0 0 5, 41 2) Removevegetationprovidirigsummershadeorwind- breaks to an existing or proposed building? 0 0 .0 0 0 41,42 3) Significantly reduce solar access to an adjacent.. building, public recreation space or private yard? ® 0 41, 42 N) HISTORICAL/ARCHAEOLOGICAL 1) Be located in an area of potential archeaological or paleontological resources? 10, 42 2) Affect adversely a property of historic or cultural significance to the community, except as part of a scientific study? ® 0 0 0 1, 18, 41. 42 EXPLANATION OF 11YES11 RESPONSES A) 1 and 2 , property is being annexed to Cupertino and therefore Zoning and General Plan Charge is required. B) 1, 2 and 3 . This site near the San Andres fault suffered considerable damage to the existing facilities in the October 17, 1989 earthquake of 7 . 1 magnitude. Complete structural and cosmetic repairs were made attempting to provide the structural reinforcement to withstand a similar and greater earthquake, all under the competent direction of structural engineers. Any future building plans on the property would, of course, have to involve considerable seismic considerations and probably construction beyond present code requirements. IIoI�� I� IMPACT WILL THE PROJECT... YES � O Not Sigtigali rr Signilionl Cumulativ SOURCE �`N Significant (Miligaiion (No Proposed) Miiigariion Proposed) O) PUBLIC SERVICES AND UTILITIES 1) Produce solid waste in substantial quantities? I 0 [� 41 2) Induce substantial growth, or alter the location, distri- bution, or density of the human population of an area? [X] 0 1. 45 3) Cause substantial impact upon, or increase the need �^ O for: / a) Fire Protection Services? 18, 31 b) Police Services? L� j= 32 c) Public Schools? ® GO 28, 29 d) Parks/Recreation Facilities? 5, 17, 19, 26 e) Maintenance of Public Facilities? ® 17_�_ 18. 19, 41 f) Other Governmental Services? ® I7___1 0 18 4) Cause substantial impact upon existing utilities or infrastructure in the following categories: a) Electricity? 30, 41 b) Natural Gas? CX� 0, O C� 0 30, 41 c) Water? O O O L� 21 d). Sewage treatment and disposal? ® 0 0 18, 41 e) Storm water management? 35, 36 5) Generate demand for use of any public facility which causes that facility to reach or exceed its capacity? 18, 41, 43 ;r r , Y9, 2 �, Etc kw�s W`f¢19bss s�'"`3 rs{�� N0151110 r GpArplal.�d 2ty C ••r31 �a WILL THE PROJECT... YES NO 1) Have the potential to degrade substantially the quality of the environment, to substantially diminish the habitat of a fish or wildlife species,to cause a fish orwildlife population to drop below self-sustaining levels,to threaten or eliminate a plant or animal community,to 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's history or prehistory? 2) Have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals? 3) Nave environmental impacts which are individually limited, but are cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of an individual project are I� 1 substantive when viewed in conjunction with the effects of past projects, the effects of other I I current projects, and the effects of probable future projects.) 4) Have environmental effects which will cause substantial adverse impacts on human beings, either directly or indirectly? X.� WM l7quA 04 13 ti VU I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appro- priate source references when necessary to ensure full and complete disclosure of relevent environmental data. Ihereby acknowledge that any substantial errors detected within this Initial Study may cause cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino,its staff and authorized agents, from the consequences of such delay or discontinuance Preparers Signature Date 0 Print Preparers Name Gerald B . Hansen �V FIT 0406if 04000y.900,I !!.'PACT AR'EAS: ❑ Land Use/General Plan El Geologic/Seismic Hazard El Resources/Parks El Housing ❑ Sewage/Water Quality El Drainage/Flooding El Flora & Fauna El Transportation El Historical/Archaeological 11 Health & Safety El Air Quality 11 Noise 0 Historical/Geological ED Public Services/Utilities El Energy ❑ Aesthetics STAFF EVALUATION On the basis of this Initial Study, the Environmental Review Committee (ERC) finds: :$014!ct One That the proposed project COULD NOT have a significant effect on the environment, and recommends 4 pai that a NEGATIVE DECLARATION be granted. % That although the project could have a significant effect on the environment,no significant effect will occur ffiMM: because mitigation measures are included in the project. EPIC recommends that a NEGATIVE DECLARATION be granted. That the proposed project MAY have a significant effect on the environment and recommends that an 01.�p ENVIRONMENTAL IMPACT REPORT be prepared. 23, Staff Evaluato ERG Chairperson DateV Date q _ CITY OF CUPEKPINO NEGATIVE DECLARATION March 4, 1991 As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17, 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on March 4, 1991. PROJECT DESCRIPTION AND LOCATION Application 2-EA-91 Application No. 1-Z-91 Applicant Catholic Foreign Mission of America Property Owner Catholic Foreign Mission of America Location 23000 Cristo Rev Drive. South of I-280, West of Foothill Boulevard DISCRETIONARY ACTION REQUEST PREZONING of approximately 29 acres from County A 20 S (Agricultural with combining zone, minimum lot area determined according to application of a slope density formula) to Cupertino BQ (Quasi-Public Building) , or other such zoning as may be deemed appropriate by the Planning Commission and City Council. FINDINGS OF DECISIONMAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan and there is no significant environmental impacts. Robert Cowan Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on 1991. City Clerk erc\neg2ea91