89,302 10325 Orange Ave David 1 HWA YANG 9,302 10325 Orange Ave 90-8 S
David I-Hwa Yang
f
1
I
a:
b
• : CITY OF CUPERTIN •
• RSCE PT
0.1 •
N o. 5 1p1/
• DATE `-' /`— 19 /V •
RECEIVED
FROM DAvl n .,Z-HWA YA Nr,
• ADDRESS ` bra/{ G •
CASH CHECK MONEY
ORDER
• 'Y DOLLARS CERTS •
• Annexof�a� .{v �
-Ac o 4'C 23 00
• if ks� Z •
• /ice- 45 /- Sod„ •
i •
i •
RECEIVED )�� �. G Vo
• ar l.. ICJ J •
.40 (/O B) SINF55 SYSTEMS-I(II51 -' 5 40
• 89/ 302 0
RESOIITITON No. 8282
A RESOLI ON OF THE CITY COUNCIL OF THE CITY OF c7PE INO
MAKING DEPERM.I=ONS AND APPROVING THE ANNE=ON OF TERRITORY
DESIGNATED 'ORANGE AVENUE 90-08", APPROX7Ma= .37 ACRE LOCATED
ON THE WEST SIDE OF ORANGE AVENUE BE2WEEN SAN MZ ANDO
AVENUE AND AICAZAR AVENUE; YANG (APN 366-03-015)
WHEREAS, a petition for the annexation of certain territory to the
City of Cupertino in the County of Santa Clara consisting of .37 acre on
the west side of Orange Avenue between San Fernando Avenue and Alcazar
Avenue (APN 366-03-015) has been filed with the City of Cupertino; and
WHEREAS, on November 5, 1990, the City Council adapted Resolution No.
8258 initiating proceedings for annexation of the area designated "Orange
Avenue 90-08"; and
WHEREAS, said territory is uninhabited and all owners of land included
in the proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that
the Local Agency Formation Ccmmissicn shall not have any authority to
review an annexation to any City in Santa Clara County of unincorporated
territory which is within the urban service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the City council of the City of Cupertino is now the conducting
authority for said annexation; and
WHEREAS, Gove=ent Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory
the City Council may approve or disapprove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THER12DRE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. That it is the conducting authority pursuant to Section 35150.5 of the
Government Code for the annexation of property designated "Orange
Avenue 90-08," more particularly described in Exhibit "A";
-1-
RE4O=CN NO. 8282
2. That the following findings are made by the City Council of the City
of Cupertino:
a. That said territory is uninhabited and comprises approximately
.37 acre.
b. That the annexation is consistent with the orderly annexation of
territory with the City's urban service area and is consistent
with the City policy annexing when providing City services.
C. The City Council has ccupleted an initial study and has found
that the annexation of said territory has no significant impact
on the en vironmient, and previously approved the granting of a
Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in
special districts.
f. That the territory is within the City urban service area as
adopted by the local Agency Formation Commission.
9. That the annexation is made subject to no terms and conditions.
h. That the County surveyor has detzrmined the boundaries of the
Proposed annexation to be definite and certain, and in compliance
with the Comaission's road annexation policies. The City shall
reimburse the County for actual costs incurred by the County
surveyor in making this determination.
i. That the proposed annexation does not create islands or areas in
which it would be difficult to provide municipal services.
j . That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's
General Plan.
1. That the City has complied with all conditions imposed by the
ccumi«ion for inclusion of the territory in the City's urban
service area.
-2-
PESOIT CN NO. 8282
M. That the territory to be annexed is contiguous to existing City
limits under provisions of the Government Code.
3. That said annexation is herby ordered without election pursuant to
Section 35151 et seg, of the Cover ment Code.
4. That the Clerk of the City Council of the City of Cupertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND ADOPTS at a regular meeting of the City Council of the
City of Cupertino this 17th day of December 1990, by the
following vote:
Vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barb Koppel
City Clerk Mayor, City of Cupertino
-3-
S4MCLE:1LA
LVD.
to
to
51L
r LOCATION MAP
I
I SCALE : I "�21 00'
� I
I I
I I
I �
I � I
I
SAN FERI�ANDD I --
AVENUE SAN FERNANDO 81-4
L - -
- — FO.B�
,D WEST 'OD.�S' P WE5T
mSOT 40.00'
_ .3�sAC .
A PN 357=/5=60 �q
H er
Eg57
•P
0'
.LOT 130
o` r,ti0 2
W
V) D C
EAST
40.00' -
I `
1 ALCAZAR
"ALCAZAR 80-49 " 1 AVENUE
— � r
I I
I
I
PROPOSED ANNEXATION
TO THE
CVrY OF CUPERTI140
ENTITLED
9 3 QRANGC AVE 90-8"
/ SEPTLMBER /910
. i f
"ORANGE AVENUE 90-8"
(YANG)
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
A portion of Lot 114, Lot 130, and portions of Orange Avenue as shown on
that certain map entitled, "Map of Subdivision "A" Monta Vista:", which
Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California on April 11, 1917 in Book "P" of Maps,
Page 20, and being more particularly described as follows:
Beginning at the northeast corner of said Lot 114:
Thence SOUTH, 50.00 feet along the easterly boundary of said Lot 114;
Thence WEST, 100.15 feet to a point being along the westerly boundary of
said Lot 114;
Thence SOUTH, 55.65 feet along the westerly boundary of said Lot 114 and
said Lot 130;
Thence EAST, 100.15 feet to a point being along the easterly boundary of
said Lot 130;
Thence SOUTH, 158.51 feet along the westerly sideline of orange Avenue as
shown on said Map;
Thence EAST, 40.00 feet to a point on the easterly sideline of orange
Avenue as shown on said Map;
Thence NORTH, 264.16 feet along the easterly sideline of Orange Avenue as
shown on said map;
Thence WEST, 40.00 feet to the Point of Beginning.
Containing 0.37 acres, more or less.
APN 357-15-60
69-3��
VERSATILE REALTY _ � No. 4084
1084 CLEMATIS DRIVE
SUNNYVALE, CA 94088 gQ78/1211
� PAY
Ia TOTHE
ORDEROF $
u CIF
' \ DOLLARS
n
Rank��t
Slmyvale office
FORS V 1:�7
110004084"' 1: 1 2 i L00 78 21: 0 140060 1 5w
VERSATILE REALTY No. 4083
1084 CLEMATIS DRIVE
SUNNYVALE, CA 94086 C n 2 90.78�1211
PAY 19 C
TOTHE
ORDER OF ^' `-� ` � �` I
— Q DOLLARS
� D-a�
J Mah�l't1n
Sunnyvale Office
FOR�O.3.�1,_l.'�1f -�'y- f - �'1'�_
II'00 8 311' I: l 2 i 10078 21: O i40060 1 56'
� e /-}1nneXG � ol� � �a�5e �10 - 8
99, 30,2-
t
CILy of Cupt•rl roll
NIS(:AI'IVI? DECLARATION.'
May 21 . 1984
As provided by the litivlronmeltlal Asseyonlrnt 1'ruecdure, adopted by tilt. Clly
l:tllllletl of Ihr City of Cllllerl ino nn Mar, It 21, 1971, al; :nnended , lilt- fillluwini.
described project was gr:ulled a Negative, Dvvlaral inn by the city Council of
tilt, City of (:uprrl into on MaY 71 , 1944.
1'1'll jl•Ia 11e:ll:r 1pl It'll alld law;ll it'll
Appl ii-al ion 4-1•:A-44 Appl Iranl Cily ..I Cuperl Iuu (Illd Multla vista aiva)
Lnrnl it'll: CrurrnI Iv buundt•d by Cr:ulada Avenue Ill IIte
north, Impe1- Ia1 Avenue In the vast . -
MI-Cit•II:nl Road 10 1ite soulIl and by tile
wesleo ly ballllltary of the Illackherry
I:n-nl Cull COM-m• Ia Ow went .
Dim-let itmary Ar_l ion Rrque:;t : Prezuuo and rt•znne
approximalriv 97 arres willttet the Old Monla Vista
:u-ea to ItI-4 (Ilt•aldenl fat Slople-fnonIIv) . RI -7.i
(Resldi•nl tat Single-famllv) , 1' (I'launed Devrltlpuxall
wiLh :I Residential 4.4-12 dwelI tell, nulls per gross
acre) , I' (11I:uuu•11 Drvolupmlvll wllh a Nessidrnl ial
4 .4-7.7 dwel I Io). units per gross. arre) . 1' (1'Inunt•d
Devi-l(tpmrul wish I.I1;111 Iaduslrial :nod Ren:id(.ol la I ) .
t' 0'1aaaed Ilevt•Inpint•nl wiIIt AgrI rot l Ito re/Rerreal I,maI ) .
and Ito (1'lli•Iir Hot IIdIIlg) zonllt). dlslrlrls.
Phitlings ul' hevisionm:lkiof. Brody
Tilt• City Connril gran Lod a Negative Derlarat ion afore Iho projt•rt In: room sl rill
With the Ct•nt•1-a1 1'I:u1 and ha. no xignil ivanl envirunnx•olal tenparls.
IS.lanx•x II. Sfak
Plailnlnl. Direrlor
This is to certify that the above Negative Declaration was filed
in the office of the City Clerk of the City of Cupertino on May
22, 1984.
eputy City Clerk
89, 3a2-
Initial l Study
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4-EA-84
Application File Number(s) 1-Z-84
Date February 27, 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their potential
impact on the environment.
This worksheet is intended to provide guidance for both you, the applicant, and
City officials in assessing a proposed project to determine whether it may or
may not have a significant impact on the environment.
If, based upon the information provided below, the City makes a determination that
your project may have a significant impact on the environment, you will be required
to prepare an Environmental Impact Report as provided by State law and the City
of Cupertino 's Environmental Assessment requirements.
Detailed information regarding the environmental assessment procedure is avail-
able from the Director of Planning and Development.
Part I
Information to be completed by the Applicant
Project Type (Pre)Zoning =< Tentative Map Other
Use Permit C� Variance
0111 onta is a Area generally oun< ec y rana a ven7�ue to the nor T Imperial
Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of
the .'.cILIULIY Farm UOIE nurse o e wes .
Applicant City of Cupertino
Address of Applicant 10300 Torre Avenue, Cupertino, CA 95014 phone (408) 252-4505
General Description of Project Prezone and rezone the above areas to zoning
districts consistent with the General Plan . The pro eor site contains approximately
97 acres.
Rev.7/8/80
-1-
Description of Project (cont 'd. )
Specific Details of the Project
1. Size of Site N/A
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule :
Owner- No. of Size Estimated
Rental ship Bedrooms Total
Sq.f[. Sales Price ( Number
Unit type 01
Unit type p2
Unit type d3
Unit type 04
Unit type 05
TOTAL
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parking proposed
(b) If commercial, industrial, or institutional:
(1) Building square footage
(2) Percentage of building coverage of site
(3) Estimate of maximum number of employees per shift
(4) Parking required Parking proposed
-2-
Oues^_ions Related to Potential Impact of Pro 'ect
A- Social/Cultural Impacts :
Yes Plavbe No
(1) Will the proposed project result in the dis-
placement of people?
X
(2) Will the project alter the employment base
of the community?
X
(3) Will the project alter the housing needs
of the community?
X
(4) Does the proposed project affect a historical
or archaelogical site?
X (Note 1)
B. Physical Impacts: (Page 4)
(1) Will the project result in a change of a natural
body of water, vegetative cover, or land form?
X
(2) Will the project result in a change in a scenic
view or vista from existing residential area
or public lands or roads? X
(3) Will the project change the development pattern,
scale or character of general area of project? X
(4) Will the construction and/or operation of the
project result in significant amount of solid
waste, litter, dust, ash, smoke, fumes or
odors in the vicinity? X
(S) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns? X
(6) Will the project substantially change existing
noise or vibration levels in the vicinity?
X
(7) Is the project site on filled land or on
slope of 10% or greater? X
(8) Does the project involve the use or disposal
of potentially hazardous materials such as
toxic substances, flammable or explosive? X
(9) Is the project a phase of an existing or
future larger project or series of projects? X
-3-
Description of the Environmental Setting
Provide the following information on a separate attachment:
(1) Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals, and any cultural , historical or scenic aspects.
Describe any existing structures on the site, and the use of
structures . A plot plan may, be required for the description.
(2) Describe the surrounding properties, including information on
plants and animals and any cultural, historical or scenic
aspects. Indicate the type of land use (residential , commer-
cial, etc. ) , intensity of land use (one-family, apartment
houses, shops, department stores, etc. ) , and scale of devel-
opment (height, frontage, set-back, rear yard, etc. ) .
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements , and information pre-
sented are true and correct to the best of my knowledge and
belief.
DateMMZ_u 4.l _r /
(Signature)
For �i tT-/ fJr !�(JGE►2�f1A�o
(l ) The project site is comprised of existing, urban development including a
acre Rolf course and picnic ground recreation complex. The entire area
has general historic value. A few structures may have greater historical
value as separate entities. The rorreation complex is located in Lhe
100-year event flood plan for Stevens Creek.
(2) The project area is bordered by the Old N.onta Vista Commercial District
to the north, by the Went Valley Industrial Park to the east and by
single-family residential neighborhoods to the south and west .
-4-
Part I I
Information to be completed by City Officials.
A. Primary General Plan Considerations:
Fes FSavbe No
(1) Is the project in violation of the City of
Cupertino ' s adopted General Plan?
x
(2) Will the project burden public utilities and
services?
(a) Fire and police services x
(b) Parks and recreation system X
(c) Schools
x
(d) Water system X
(e) Sewer system x
(f) Storm system X
(g) Solid waste X
(3) Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County Local Agency Formation Commission? X
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people? X
(2) Will the project alter the employment base
of the community? X
(3) Will the project alter the housing needs
of the community? X
(4) Does the proposed project affect a histori-
cal or archaelogical site? X
(5) Will the proposed project eliminate an
existing recreational use at the project site? x
(6) Does the proposed project decrease public
access to any public body of water or recrea-
tional area? R
(i) Will the proposed project alter the location,
distribution, density or growth rate of the
human population of an area? K
-5-
(8) Will the project result in: Yes Mavbe 140
(a) The disturbance of a natural or man-made
feature in the project area which is unique? X
(b) The obstruction of a .scenic vista open to
the public?
X
C. Physical Impacts:
(1) Will the proposed project result in the exposure
of people or property to geologic hazards such
as earthquakes, landslides, mudslides, ground
failure or similar hazards? X
(2) Will the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures? X
(b) Disruptions, displacements, compaction or
overcovering of the soil? X
(c) Change in topography or ground surface
relief features? X
(d) The destruction, covering or modifica-
tion of any unique geologic or physical
feature?
X
(e) Any increase in wind or water erosion of
soil, either on or off the site? X
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
of ambient air quality? X
(b) The creation of objectionable odors? X
(c) Alteration of air movement, moisture
or temperature, or any change in climate,
either locally or regionally? X
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the rate and amount of surface
water runoff? X
(b) Alterations to the course or flow of
flood waters? X
(c) Discharge into surface waters, or
in any alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity? X
-6-
Yes Mavbe NO
(d) Alteration of the direction or rate of flow
of ground water? X
(e) Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavation? X
(f) Substantial reduction in the amount of
water otherwise available for public water
supplies?
X
(g) Exposure of people or property to water-
related hazards such as flooding or tidal
wave. X
(5) Will the proposed project result in:
(a) Change in the diversity of species, or number
of any species of plants (including trees,
shrubs , grass, crops, and aquatic plants? X
(b) Reduction of the numbers of any unique,
rare or endangered species of plants? X
(c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species? X
(d) Reduction in acreage of any agricultural
crop? X
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? X
(f) Reduction of the numbers of any unique,
rare or endangered species of animals? X
(g) Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? X
(h) Deterioration to existing fish or wildlife
habitat? X
(6) Will the proposed project result in:
(a) Increase in existing noise levels? X
(b) Exposure of people to severe noise levels? X
(7) Does the proposed project significantly affect
the potential use extraction or conservation of
a scarce natural resource such as agricultural
land, a mineral deposit, or woodland? X
-7-
1 Yes Xavbe 90
(S) Will the proposed project involve the use,
storage, or disposal of hazardous materials? X
(9) Will the proposed project result in:
(a) Use of substantial amounts of fuel or
energy? X
(b) Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy? X
(10) Will the proposed project result in:
(a) Generation of substantial additional vehicular
movement? X
(b) Effects on existing parking facilities, or
demand for new parking? X
(c) Substantial impact upon existing transporta-
tion systems?
X
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods? X
(e) Alterations to waterborne, rail or air
traffic? X
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? X
(11) Mandatory Findings of Significance:
(a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
species , cause a fish or wildlife population
to drop below self-sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory? X
(b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (a short-
term impact on the environment is one which
occurs in a relatively brief, definitive
period of time, while long-term impacts will
endure into the future.) X
-8-
Yes Havbe No
(c) Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
more separate resources where the impact on
each resource is relatively small, but where
the effect of the total of those impacts
on the environment is significant. ) x
(d) Does the project have environmental effects
which will cause substantial adverse
effects on human beings, either directly or
indirectly? x
Discussion of Environmental Evaluation
(Note: Use additional sheets if necessary. )
Determination:
On the basis of this initial evaluation, the Environmental Review Committee finds:
_I That the proposed project COULD NOT have a significant effect on the environ-
ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION.
n That, although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because
of the mitigation measures described on an attached sheet have been added
to the project. It is recommended that A NEGATIVE DECLARATION BE PREPARED.
Fi That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date ( �Z
an, Environmental Review Committee
For L ,C�—
-9-
t �
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1988
I
DUPLI CAT' GR! GINAL
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY,a Missouri corporation,herein called the Company, insures,as of Date of Policy shown
in Schedule A,against loss or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or
incurred by the insured by reason of: i*
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any defect in or lien or encumbrance on the title:
3. Unmarketability of the title;
4. Lack of a right of access to and from the land:
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority:
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment
is shown in Schedule B.or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
fit Wrntem WHereof,CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A. the policy to become valid when countersigned by an authorized signatory.
I i
I
I
i
I
Iaatted by: CHICAGO TITLE INSURANCE COMPANY
SANTA CLARA COUNTY By:
TITLE COMPANY
701 Miller Street
San Jose, CA 95110
(408) 288.7800
President
N�
..... ti By:
Secretary
_
8? 30�
SCHEDULE A
OFFICE FILE NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE PREMIUM AMOUNT
SV 50664 z 05 0048 03 003368 July 3, 1990 $350,000.00 s $1,036.00
at 8:00 a.m. s $
1. Name of Insured:
DAVID I-HWA YANG AND YU T YANG
2. The estate or interest in the land which is covered by this Policy is:
A Fee
3. Title to the estate or interest in the land is vested in:
DAVID I-HWA YANG AND YU T YANG, husband and wife, as Community Property
4. The land referred to in this Policy is described as follows:
SEE SCHEDULE "C" ATTACHED HERETO AND MADE A PART HEREOF
SCHEDULE A
CLTA Standard Coverage- 1988 This Policy valid only if Schedule B is attached.
Reader Form No. 3243 (Rev. 1189)
SCHEDULE B
File Number SV 50664 Policy • 05 0048 03 003368
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
PART 1
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances,or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
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.
PART II
1. Taxes for the fiscal year 1990-91, a lien, not yet due or payable.
2. "The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3. 5, (commencing with Section 75) to the
Revenue and Taxation Code of the State of California".
3. A deed of trust to secure an indebtedness in the amount stated herein
and any other amounts provided therein
Dated :JUNE 15, 1990
Amount :$243,500.00
Trustor :DAVID I-HWA YANG AND YU T. YANG, HUSBAND AND WIFE
Trustee :GOLDEN WEST FINANCIAL CORPORATION, a Delaware Corporation
Beneficiary :WORLD SAVINGS AND LOAN ASSOCIATION, A FEDERAL SAVINGS AND
LOAN ASSOCIATION
Recorded :July 3 , 1990 under Recorder's Series No. 10576196
of Official Records
Loan No. :79-23375-5
NOTE: THIS POLICY DOES NOT REFLECT REQUEST FOR NOTICE OF DEFAULT, SUBSEQUENT
TRANSFERS OF EASEMENTS, AND SIMILAR MATTERS NOT GERMANE TO THE ISSUANCE OF THIS
POLICY OF TITLE INSURANCE.
NOTE: TAXES for the fiscal year 1989-90 have been paid in full.
SCHEDULE 8
CLTA standard Coverage—1988
Reorder Form No. 12201
LEGAL DESCRIPTION: "Schedule C" SV 50664
All that certain real property situate in the County of Santa Clara, State of
California, described as follows:
Portion of Section 114, and portion of Section 130, as shown on that certain
Map entitled, "Map of Subdivision "A" Monta Vista:" , which Map was filed for
record in the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Book "P" of Maps, Page 20, and being more
particularly described as follows:
Beginning at a point on the West line of Orange Avenue distant thereon South
0° 12' 55" West 70.00 feet from the intersection thereof with the center line
of San Fernando Avenue, as said avenues are shown upon said Map; thence along
the West line of Orange Avenue South 0° 12' 55" West 55.66 feet; thence North
89° 59' 45" West and parallel with the center line of Alcazar Avenue as shown
upon said Map 100. 21 feet to a point on the line dividing Sections 129 and
130 as shown upon said Map; thence North 0° 12' 55" East along said line divid—
ing Sections 129 and 130 and continuing along the line dividing Sections 114
and 115 as shown upon said Map. 55. 65 feet to a point on said last named line
distant thereon South 0° 12' 55" West 70.00 feet from the intersection thereof
with the center line of San Fernando Avenue ; thence East and parallel with the
center line of San Fernando Avenue 100.21 feet to the point of beginning.
OFFICE 0, COUNTY ASSESSOR ' SANTA CLAON CdKTY, CNLI101191•
P I `
t8 I 19
30BGIVI90 " ! O
Mp17A VISTA
�/Tlu
2 E— gA — re, w„ „iAVENUyso .IF y.' ,wAAAA1. 100
.� M a any El »
.+ ' I+
.a
p M < i 1131.
1 h
W ...Wie! IRA a._____ �;__nW---
3 u
3 v z N 3 Z
W r[: 112 g j A?4 Ile -xe N few
c
ZIP
.l¢z /u Y 8
PL
_ ._____._._____________________ AN __ I
H AS ...—
GCL 2 _
AZ SEE �-fi g 1O0�I RE 5 l A --M___------ PM 517-M-46
IS
n,.i f eel a11K
_______----_____________ ______� el
_____________ _
.e.l [0
1 AN
tiM
.I 9:
Hwiit iq.l nyi. -- —_
I N as= f4 IRS +3
rort w g
Z
.Z04
u
.. a '..K1.3 .2<
Z p :e ____________ �p.Iy�x I[0 M_.__ N ROI I32-
4 OZi x .8 ,26
..M.• - t<.1 M
rT- n r I i Fos
z / a aL/ I �.2 l eq I
ffi Z3 l3 x w *� Zr IZ ST 8 .o+ [� `1 Z1 1: Ros, 154-[E-n
I
i> A, ' .e 0 _!-L.—YI.O .. H `w qN 10 HSO I All
' • VW V#9 1Y OYO z4-
AVENUE -I-fie*' r
II yN'�..'�•
s ��" Noll
'wnich mignt cause loss or damage for which the�pany may be liable by from third parties as req In this paragraph, unless prohibited by law or
virtue of this policy, or(iii) if title to the estate o rest or the lien of the governmental regulation WI terminate any liability of the Company under
insured mortgage,as insured,is rejected as unmarketable. If prompt notice this policy as to that insurlWfor that claim.
shall not be given to the Company,then as to that insured all liability of the 8 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION
Company shall terminate with regard to the matteror matters forwhich prompt OF LIABILITY
notice is required;provided.however,that failure to notify the Company shall In case of a claim under this policy,the Company shall have the following
in no case prejudice the rights of any insured under this policy unless the additional options:
Company shall be prejudiced by the failure and then only to the extent of the (a)To Pay or Tender Payment of the Amount of Insurance or to
prejudice. Purchase the Indebtedness.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (i)to pay or tender payment of the amount of insurance under this policy
CLAIMANT TO COOPERATE together with any costs,attorneys'fees and expenses incurred by the insured
(a)Upon written request by an insured and subject to the options contained claimant.which were authorized by the Company.up to the time of payment or
in Section 6 of these Conditions and Stipulations, the Company, at its own tender of payment and which the Company is obligated to pay:or
cost and without unreasonable delay, shall provide for the defense of such (ii)in case loss or damage is claimed under this policy by the owner of the
insured in litigation in which any third party asserts a claim adverse to the title indebtedness secured by the insured mortgage, to purchase the indebted-
or interest as insured,but only as to those stated causes of action alleging a ness secured by the insured mortgage for the amount owing thereon together
defect,lien orencumbrance or other matter insured against by this policy.The with any costs,atlorneys'fees and expenses incurred by the insured claimant
Company shall have the right to select counsel of its choice(subject to the which were authorized by the Company up to the time of purchase and which
right of such insured to object for reasonable cause)to represent the insured the Company is obligated to pay.
as to those stated causes of action and shall not be liable for and will not pay If the Company offers to purchase the indebtedness as herein provided.the
the fees of any other counsel.The Company will not pay any fees,costs or owner of the indebtedness shall transfer, assign, and convey the indebted-
expenses incurred by the insured in the defense of those causes of action ss and the insured mortgage,together with any collateral security.to the
which allege matters not insured against by this Policy. ..jmpany upon payment therefor.
(b)The Company shall have the right, at its own cost. to institute and Upon the exercise by the Company of the option provided for in paragraph
prosecute any action or proceeding or to do any other act which in its opinion a(i),all liability and obligations to the insured under this policy,other than to
may be necessary or desirable to establish the title to the estate or interest or make the payment required in that paragraph,shall terminate,including any
the lien of the insured mortgage,as insured.or to prevent or reduce loss or liability or obligation to defend,prosecute.or continue any litigation.and the
damage to the insured.The Company may take any appropriate action under policy shall be surrendered to the Company for cancellation.
the terms of this policy,whetheror not it shalt be liable hereunder.and shall not Upon the exercise by the Company of the option provided for in paragraph
thereby concede liability or waive any provision of this policy.If the Company a(n)the Company's obligation to an insured lender under this policy for the
shall exercise its rights under this paragraph,it shall do so diligently. claimed loss or damage,other than the payment required to be made.shall
(c)Whenever the Company shall have brought an action or interposed a terminate,including any liability orobligation to defend,prosecuteor continue
defense as required or permitted by the provisions of this policy,the Company any litigation.
may pursue any litigation to final determination by a court of competent juris- (b)To Pay or Otherwise Settle With Parties Other than the Insured or
diction and expressly reserves the right,in its sole discretion,to appeal from With the Insured Claimant.
any adverse judgment or order. (i)to pay or otherwise settle with other parties for or in the name of an
(d)In all cases where this policy permits or requires the Company to prose- insured claimant any claim insured against under this policy,together with any
cute or provide for the defense of any action or proceeding,an insured shall costs,attorneys'tees and expenses incurred by the insured claimant which
secure to the Company the right to so prosecute or provide defense in the were authorized by the Company up to the time of payment and which the
action or proceeding,and all appeals therein,and permit the Company to use. Company is obligated to pay:or
at its option,the name of such insured for this purpose.Whenever requested (ii)to pay or otherwise settle with the insured claimant the loss or damage
by the Company,an insured,at the Company's expense,shall give the Com- provided for under this policy, together with any costs. attorneys' fees and
pany all reasonable aid (i)in any action or proceeding,securing evidence, expenses incurred by the insured claimant which were authorized by the
obtaining witnesses, prosecuting or defending the action or proceeding,or Company up to the time of payment and which the Company is obligated to
effecting settlement.and(it)in any other lawful act which in the opinion of the pay.
Company may be necessary or desirable to establish the title to the estate or Upon the exercise by the Company of either of the options provided for in
interest or the lien of the insured mortgage, as insured. If the Company is paragraphs(bXi)or b(ii),the Company's obligations to the insured under this
prejudiced by the failure of an insured to furnish the required cooperation,the policy for the claimed loss or damage,other than the payments required to be
Company's obligations to the insured under the policy shall terminate,includ- made,shall terminate, including any liability or obligation to defend, prose-
ing any liability or obligation to defend,prosecute,or continue any litigation, cute or continue any litigation.
with regard to the matter or matters requiring such cooperation. 7, DETERMINATION AND EXTENT OF LIABILITY
S. PROOF OF LOSS OR DAMAGE This policy is a contract of indemnity against actual monetary loss or dam-
In addition to and afterthe notices required under Section 3 of these Condi- age sustained or incurred by the insured claimant who has suffered loss or
tions and Stipulations have been provided the Company, a proof of loss or damage by reason of matters insured against by this policy and only to the
damage signed and sworn to by the insured claimant shall be furnished to the extent herein described.
Company within 90 days after the insured claimant shall ascertain the facts (a)The liability of the Company under this policy to an insured lender shall
giving rise to the loss or damage.The proof of loss or damage shall describe not exceed the least of:
the defect in, or lien or encumbrance on the title, or other matter insured (I)the Amount of Insurance stated in Schedule A. or, if applicable. the
against by this policy which constitutes the basis of loss or damage and shall amount of insurance as defined in Section 2 (c) of these Conditions and
state,to the extent possible,the basis of calculating the amount of the loss or Stipulations;
damage.If the Company is prejudiced by the failure of an insured claimant to (ii)the amount of the unpaid principal indebtedness secured by the
provide the required proof of loss or damage,the Company's obligations to insured mortgage as limited or provided under Section 8 of these Conditions.
such insured under the policy shall terminate,including any liability orobliga. and Stipulations or as reduced under Section 9 of these Conditions and
tion to defend,prosecute,or continue any litigation,with regard to the matter Stipulations, at the time the loss or damage insured against by this policy
or matters requiring such proof of loss or damage. occurs,together with interest thereon;or
In addition,ah insured claimant may reasonably be required to submit to lit the difference between the value of the insured estate or interest as
examination under oath by any authorized representative of the Company ( )
insured and the value of the insured estate or interest subject to the defect,
and shall produce for examination,inspection and copying,at such reason. lien or encumbrance insured against by this policy.
able times and places as may be designated by any authorized representative (b)In the event the insured lender has acquired the estate or interest in the
of the Company, all records. books, ledgers, checks, correspondence and manner described in Section 2(a)of these Conditions and Stipulations or has
memoranda, whether bearing a date before or after Date of Policy, which conveyed the title,then the liability of the Company shall continue as set forth
reasonably pertain to the loss or damage.Further,if requested by any author- in Section 7(a)of these Conditions and Stipulations.
ized representative of the Company,the insured claimant shall grant its per- c The liability of the Company under this policy to an insured owner of the
mission,in writing,forany authorized representative of the Company to exam- estate or interest in the land described in Schedule A shall not exceed the
ine, inspect and copy all records, books, ledgers, checks, correspondence least of:
and memoranda in the custody or control of a third party,which reasonably Ct)the Amount of Insurance stated in Schedule A;or.
pertain to the loss or damage.All information designated as confidential by an
insured claimant provided to the Company pursuant to this Section shall not (ii)the difference between the value of the insured estate or interest as
be disclosed to others unless,in the reasonable judgment of the Company,it insured and the value of the insured estate or interest subject to the defect.
is necessary in the administration of the claim.Failure of an insured claimant lien or encumbrance insured against by this policy.
to submit for examination under oath, produce other reasonably requested (d)The Company will pay only those costs,attorneys' fees and expenses
information or grant permission to secure reasonably necessary information incurred in accordance with Section 4 of these Conditions and Stipulations.
Santa Clara County Local Agency Formation Commission Ph. : (408 ) 299-4321
County Government Center - 10th Floor , East Wing
70 West Hedding Street
San Jose, CA 95110
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1965
The undersigned hereby petition(s) the Local Agency Formation Commission
of Santa Clara County for approval of a proposed change of organization or
reorganization, and stipulate (s) as follows :
1 . This proposal is made pursuant to Part 3 , Division 3 , Title 5 of the
California Government Code (commencing with Section 56000. Cortese-Knox
Local Government Reorganization Act of 1985) .
2 . The proposed change of organization or reorganization is designated as :
"ORANGE AVENUE 90-8"
and consists of :
consolidation of special districts
formation of new special district
incorporation
x annexation to CITY OF CUPERTINO
detachment from (name City/District)
of .37 (number of) acres on the W (n/s/e/w)
side of ORANGE AVENUE �Hyr i/Avenue)
between SAN FERNANDO AVENUE (MrY]( f/Avenue)
and ALCAZAR AVENUE (YWAPLM/Ave nue) ;
and ( if applicable) _ annexation
detachment
of the same to/from
(name City( ies) /District(s ) )
3 . A metes and bounds description of the exterior boundaries of the terri-
tory( ies ) included in the proposal , marked Exhibit A. and a map of said
territory( ies ) , marked Exhibit B, are attached to this petition and by
this reference incorporated herein.
4 . The territory to be organized/reorganized is : _ inhabited .
( "inhabited" = 12 or more registered voters) _X_ uninhabited .
5 . This proposal x is consistent with the Sphere of Influence of the
is not affected city and/or district(s) .
6 . The reasons (s ) for the proposed ANNFxATTON (annexation, detach-
ment , reorganization, etc . ) is/are:
TO PROCURE. CTTY SF.RVTCE3
7 . It is desired that the proposed change of organization or reorganization
be made subject to the following terms and conditions :
N/A
B . The person(s) signing this petition has/have signed as (check one) :
x owner (s) of land within the affected territory.
_ registered voter (s ) within the affected territory.
9 . The undersigned proponent (s) x do own 100% of the territory pro-
do not posed for change of organiza-
tion or reorganization.
g9,3DoL
LAFCO: Petition -2-
l0 . If the formation of new district ( s ) is included in the proposal , the
principal act ( s ) under which said district (s ) is/are proposed to be
formed is/are :
11 . If an incorporation is included in the proposal , provisions are re-
quested for appointment of :
City Manager
City Clerk and City Treasurer
Wherefore , petitioner (s ) request ( s ) that proceedings be taken in accordance
with the provisions of Section 56000 et seq . of the Government Code and
herewith affix signature ( s ) as follows :
CHIEF PETITIONERS
(not to exceed three )
Signatures
of Petitioners
(Please print Assessor ' s Election
name below Street Address Parcel or Precinct
Date signature . ) City/State/Zip No . * No . **
rl3 IIJ :l��1'f} YF /� C_',i,, 45 P 351- Is-�o
�t Phone: Qz ,J-) -4L
Phone : (_)
Phone : (_) _-
* - For proposals involving uninhabited territory or for landowner-
initiated proposals .
** - For proposals involving inhabited territory or for resident-voter
initiated proposals .
Rev. . 1/l/86
Santa Clara County LAFCO Ph . : (408 ) 299-4321 - Sec ' y
County Government Center - 10th F1 . , E. Wing (408 ) 299-4716 - Exec .
70 West Hedding Street , San Jose, CA 95110 Officer
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANCE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted , in
original and 5 copies , with any petition or resolution of application to
LAFCO for a change of organization (annexation or detachment ) or reorgani -
zation (multiple annexations and/or detachments) made pursuant to the
Cortese-Knox Local Government Reorganization Act of 1985 (Government Code
Sec . 56000 et seq . )
PROPOSAL DESIGNATION: "ORANGE AVENUE 90-8"
Annexation )
IXKX161d(B(X1M ) t o/ffiK761h CITY OF CUPERTINO
1Xa1 nXXXXdfACK8UXX (City or S p e c . District)
ENVIRONMENTAL STATUS OF PROPOSAL
_X' '—CITY DF CUPERTINO as Lead Agency for environmental review
(Name of City/District )
of the project , has already PREZONED
(prezoned? other approval action? )
the territory on JUNE 4, 1984 and in compliance with CEQA, has :
(date )
determined that the annexation is categorically exempt from pro-
visions of CEQA pursuant to Cal .Adm. Code Sec .
(cite class exemption section) .
X completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this ;application .
completed a Final EIR for the annexation , a copy of which is
attached to this application.
LAFCO is to be Lead Agency for the environmental review of the pro-
ject and the completed Environmental Information Form required by
LAFCO environmental assessment staff is attached to this applica-
tion . (Environmental staff phone : (408 ) 299-2621 . )
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal . Adm. Code Sec . because
CHARACTERISTICS OF THE. AREA
1 . Number of acres .37± ACRE
2 . Number of inhabitants 2
3 . Number of registered voters 2
4 . Number of dwelling units 2
5 . a . What is the present use of the area (be brief , but specific) :
SFDWL
b. Indicate the parcel numbers of those parcels , if any, which are
under contract with the County under provisions of the Williamson
Act :
C . What steps, if any, have been taken or are proposed to be taken
to release theabove parcel(s) from the contract?
FILING DEADLINE: 5 :00 p .m. on the first Wednesday of the month, for LAFCO
hearing on the second Wednesday of the following month.
6 . a . For city annexations , what is the prezoning that has been applied
by the city to the affected area (Note : Prezoning is a LAFCO fil-
ing requirement for city annexations ) :
Rl-9 5
b. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the city? YES NO X
If YES, indicate the new zoning which will be sought .
7 . For city or district annexations , describe the development being pro-
posed for the territory, if any, and when this development is ex-
pected to begin .
N/A
B . Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES X NO
If NO, please explain the reason for non-conformity and provide
justification for LAFCO ' s approving the boundary change as proposed :
9 . Do the boundaries of any proposed city annexation create an island ,
corridor or strip of unincorporated territory? YES NO X
I.f, 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 . )
r' . 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 annexationAdsibamc&xm¢xnemcaymxkxzz&mn 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 NO x
If YES, what arrangements will be made to provide sewage disposal?
12 . Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be financed
by the formation of a special assessment district? YES NO x
If YES , describe service(s ) or improvement (s ) and the average cost
per resident/landowner of the district .
Service/improvement :
Cost : Y /yr . for _ yrs . /yr . for _ yrs .
13 . List all cities , special districts , ( including echool distrietc ) and
County Service Areas located within the area of this proposal . (Ex-
clude Santa Clara County Water District , San Francisco Bay Area Air
Pollution Control District , County Library Zone , and Water Lnporta-
tion . ) (Refer to County Tax Rate Code Book for this information) :
Cupertino Elementary School District Cupertino Sanitary District
Fremont High School District _Mid Peninsula Open Space District
Foothill Community College District
For changes in organization of Districts , list all cities within 3
miles of the subject territory:
14 . For city annexations , list those concurrent or future detachments
from Special Districts which are proposed for this territory.
LANDOWNERS AND REGISTERED VOTERS
15 . Please provide the information requested below:
a'. Owners of land* within the proposed ' annexation/detachment/reor-
ganization who consent to this proposal should show their consent
by signing and printing or typing their names and addresses , with
date, below. (Signatures not required if proposal is initiated
by property-owner petition; put "see petition" below and type or
print in names , addresses , etc . ) Assessor ' s parcel number ,
assessed land (not improvements ) valuation, and , if 100%
property-owner consent has been obtained , certification by City/
District Clerk , must be added prior to filing. Hearing not re-
quired if 100% property owner consent is obtained .
Assessed
Signature Street Address/ ; Parcel Value of
Date (Print name below) City/State/Zip Tel .No. No . Land
See petition 10325 Orange Ave 408-984-8290 357-15-60
David Yang Cupertino, CA
( If additional space required , continue list on separate sheet & attach. )
* "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll ; where such person is no longer the owner ,
then any person entitled to be shown as owner of land on the next
Assessment Roll ; where land is subject to a recorded written agree-
ment of sale , any person shown therein as purchaser , and any public
agency owning land . " Government Code Section 56048 .
CERTIFICATE OF CITY/DISTRICT CLERK (Required for 100% Consent Proposal )
I CERTIFY that I have checked the number of owners of property located
within the annexation/dXXXgp{ IO)DXXIXXX7MtX IJU'KkYXX351UK proposed by this applica-
tion and that the _ (number ) signatures above represent all of the
owners of property included in this proposal . I FURTHER CERTIFY that,
pursuant to Government Code Section 56839 , the City/District waives the
requirement for written notice and gives consent for the Commission to
make determinations on this proposal without notice or hearing .
Date :
City/%L7=KJX)C Clerk
(Seal )
CityhtRkKnXial of
Suppl . Appl . -3
b. Owners of land within the proposed annexation/detachment/reor-
ganization who do not consent to this proposal should be listed
by name , address , parcel number and assessed land valuation
below. Signatures and dates not required . Hearing will be held
for less-than-loO%-consent applications .
Assessed
Street Address Parcel Value of
Name City/State/ZiP No . Land
( If additional space required , continue list on separate sheet a attach. )
C . FOR NOT-100%-CONSENT PROPOSALS, list all registered voters resid-
ing in the territory proposed for annexation/detachment/reorgani-
zation if different from the landowners shown in 15a . and 15b .
above .
Street Address Street Address
Name City/State/ZiP Name City/State/ZiP
( If additional space required , continue list on separate sheet and attach)
16 . Print or type the name and address of officers or persons , not to
exceed three in number , who are to receive copies of the Executive
Officer ' s Report and mailed Notice of Hearing ( in addition to the
Clerk/Administrator of each affected city or district):
Street Address
Name City/State/Zip
( 1 )
(2)
(3 )
17 . I hereby certify that all LAFCO filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate .
mnevrrE WHITTEN 10300 Torre Avenue
(Print name of person complet- Cupertino CA 95014
ing this application (Address)
(Signature)- (Date)
NOTE: It is a general LAFCO filing requirement that a copy of this appli-
cation be filed with each school district shown on question #13 of this
document if the proposal involves ultimate new residential development of
five acres or more. It is the applicant ' s responsibility to submit this
information to the appropriate school district(s) and the signature above
is considered verification that this filing requirement has been met.
Suppl . Appl . - 4