89,320 94-06 DEBCOR CORP. 89,320 ANNEXATION 94-06
Dolores —
Debcor Corporation
1
1
A
I
CITY OF CUPERTINO
• EEC= •
• No. 80328 •
ff DATE _ 19 '_
CEIV
• FFRROM ED (i LIUNrj..1 l9YnJ l •
ADDRESS 122�30 !�IG4 o--'vmo VG1 lU 1 la'7gA
CASH CNECK I MONEY //
• ORDER •
II�� DOLLARS CENTS
• "T� /� ec— 00 •
• l 1 D-95/- 506 •
• RECEIVED I - IJ U •
BY
45M3 Q:.V.'N WSIMSS SKIFµt 1�115)Ib}'MS
• �yi3� •
T
RESOLUTION NO. 9168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "DOLORES
94-0611, APPROXIMATELY 0.92 ACRE LOCATED ON THE
SOUTH SIDE OF DOLORES AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; ESTATE OF ALVA M.
EHRHART (APN 357-14-040)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.92 acre on the south side of
Dolores Avenue (APN 357-14-040) has been filed by property owner Estate of Alva M.
Ehrhart; and
WHEREAS, on August 1, 1994, the City Council adopted Resolution No. 9154
initiating proceedings for annexation of the area designated "Dolores 94-06; 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 Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9168
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Dolores 94-06", more
particularly described in Exhibit A;
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.92
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
of annexing when providing City services.
C. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
2
Resolution No. 9168
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
M. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 6th day of September, 1994 by the following vote:
Y= Memo Qf the City Council
AYES: Burnett, Dean, Sorense, Koppel
NOES: None
ABSENT: Bautists
ABSTAIN: None
ATTEST: APPROVED:
/s/ Roberta Wolfe /s/ Barbara A. Konoel
Deputy City Clerk Mayor, City of Cupertino
rcw1utfhes9168.doc
3
EXHIBIT ' A " �
LEGAL DESCRIPTION
ANNEXATION ENTITLED
'DOLORES 94-06"
THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA. STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
ALL OF SECTIONS (LOTS) 150, 151. 152. 160 AND 170 AS LAID DOWN, DESIGNATED
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION "A"
MONTA VISTA", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
ON APRIL 11, 1917 IN BOOK "P" OF MAPS, PAGE 20. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 152, ALSO BEING AN ANGLE
POINT IN ANNEXATION "DOLORES AVENUE 88-13 THENCE ALONG THE NORTHERLY
LINE OF LOTS 152, 151 AND 150 AND THE CITY LIMITS LINE OF SAID
ANNEXATION "DOLORES AVENUE 88-13" AND ALSO ANNEXATION "DOLORES
AVENUE 82-02", N 89'46' E 300.45 FEET TO THE NORTHEAST CORNER OF LOT 150
AND A CITY LIMITS LINE DESIGNATED ANNEXATION "FUCHS 76-4": THENCE ALONG
SAID AFORE MENTIONED ANNEXATION AND THE EASTERLY LINE OF SAID LOT 150,
SOUTH 90.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 150 AND A CITY
LIMITS LINE OF ANNEXATION "McCLELLAN 78-5 THENCE ALONG SAID AFORE
MENTIONED ANNEXATION AND THE SOUTHERLY LINE OF LOT 150, S 89'31 ' W
100.15 FEET TO AN ANGLE POINT THEREIN AND THE NORTHEAST CORNER OF LOT
160; THENCE CONTINUING ALONG SAID ANNEXATION "McCLELLAN 78-5" AND THE
EASTERLY LINE OF LOT 160 AND LOT 170, SOUTH 218.42 FEET TO THE SOUTHEAST
CORNER OF LOT 170 AND AN ANGLE POINT IN ANNEXATION "HOWELL 76-9'
THENCE ALONG SAID AFORE MENTIONED ANNEXATION, S 89'46' W 25.04 FEET TO
THE SOUTHWEST CORNER OF LOT 170: THENCE ALONG THE WESTERLY LINE OF LOT
170, NORTH 109,21 FEET TO THE NORTHWEST CORNER THEREOF AND THE
SOUTHERLY LINE OF LOT 160: THENCE ALONG SAID SOUTHERLY LINE OF LOT 160.
S 89'46' W 75.11 FEET TO THE SOUTHWEST CORNER OF LOT 160 AND AN ANGLE
POINT IN ANNEXATION "McCLELLAN ROAD 88-06"; THENCE ALONG SAID LOT 160
AND THE AFORE MENTIONED ANNEXATION, NORTH 109.21 FEET TO THE SOUTHEAST
CORNER OF LOT 152; THENCE ALONG THE AFOREMENTIONED ANNEXATION AND THE
SOUTHERLY LINE OF LOT 152, S 89'46' W 100.15 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 152; THENCE ALONG THE WESTERLY LINE OF LOT '152, NORTH 90.82
FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 40,959
SQUARE FEET.
J.M.H. 113348
DOLORES 94-06 ANNEXATION - DEBCOR CORP.
JUNE1994
REVISED JULY 11, 1994
PME%ATION ENTITLED I
-�I DOLORES AVENUE 82-1)2 J L
+- 3a�sE a- DOLORES T Rr.Iro p n LINT
NTIT p AVENUE
�� U ra�.Yu. �1 ;'•
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' CUPERTINO CITY UMT ( I �.'� • -
Q ` OMIEYATIp10 E�HTITLEO �, VICINITY MAP
M.CLELLAR.Jow 88-be .
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LOT 159 1 N CTPERTINO CITY UMT I '
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— Q TOTAL AREA=4O,9S9 Sy. FI
CUPERTe10 CITY LIMIT •0940 Any
125. /ANO BL%TIT B'TITLED, - 11 11
WELLe EXHIBIT B
�N B9'4B 70"E-ve���52L1 8 @ 4 '
McCLELLAN . ROAD PROPOSED ANNEXATION
TO:CITY OF CUPERTINO
ENTITLED'. DOLORES 94-06
Jemiras•MCDWMOH'Hea s.ine.
County of Santa CIA • oou:v,
Environmental Resources Agency
Land Developtnent Engineering&Surveying Office
county Goverrunent Center,Fast Wing PUBLIC WORKS
70 West Hedding Street
San Jose,California 951 10 1111 2
(408)290-2871 FAX 2794M7 JUL 6
July 18, 1994
Kim Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
The attached revised map and description dated July 11, 1994 of territory
proposed for annexation to the City of Cupertino entitled DOLORES 94-06 is in
accordance with Government Code Section 56826. The boundaries of said territory are
definite and certain. The proposal is in compliance with the Commission's road
annexation policies.
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
K. Rieden
Board of Supervisors:Michael M. Honda, Zoe Lofgren, Ron Gonzales. Rod Dinclon. Dianne McKenna
S'q 3zo
EXHIBIT " A "
LEGAL DESCRIPTION
ANNEXATION ENTITLED
"DOLORES 94-060
THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA. STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
ALL OF SECTIONS (LOTS) 150. 151, 152, 160 AND 170 AS LAID DOWN, DESIGNATED
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION "A"
MONTA VISTA". AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
ON A_PRIL 11, 1917 IN BOOK "P" OF MAPS, PAGE 20, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 152, ALSO BEING AN ANGLE
POINT IN ANNEXATION "DOLORES AVENUE 88-13"; THENCE ALONG THE NORTHERLY
LINE OF LOTS 152, 151 AND 150 AND THE CITY LIMITS LINE OF SAID
ANNEXATION "DOLORES AVENUE 88-13" AND ALSO ANNEXATION "DOLORES
AVENUE 82-02". N 89°46' E 300.45 FEET TO THE NORTHEAST CORNER OF LOT 150
AND A CITY LIMITS LINE DESIGNATED ANNEXATION "FUCHS 76-4": THENCE ALONG
SAID AFORE MENTIONED ANNEXATION AND THE EASTERLY LINE OF SAID LOT 150.
SOUTH 90.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 150 AND A CITY
LIMITS LINE OF ANNEXATION "McCLELLAN 78-5": THENCE ALONG SAID AFORE
MENTIONED ANNEXATION AND THE SOUTHERLY LINE OF LOT 150, S 89*3 VW
100,15 FEET TO AN ANGLE POINT THEREIN AND THE NORTHEAST CORNER OF LOT
160: THENCE CONTINUING ALONG SAID ANNEXATION "McCLELLAN 78-5" AND THE
EASTERLY LINE OF LOT 160 AND LOT 170, SOUTH 218.42 FEET TO THE SOUTHEAST
CORNER OF LOT 170 AND AN ANGLE POINT IN ANNEXATION "HOWELL 76-9
THENCE ALONG SAID AFORE MENTIONED ANNEXATION, S 89046' W 25.04 FEET TO
THE SOUTHWEST CORNER OF LOT 170: THENCE ALONG THE WESTERLY LINE OF LOT
170, NORTH 109.21 FEET TO THE NORTHWEST CORNER THEREOF AND THE
SOUTHERLY LINE OF LOT 160; THENCE A-L-ONG SAID SOUTHERLY LINE OF LOT 160.
S 89046' W 75.11 FEET TO THE SOUTHWEST CORNER OF LOT 160 AND AN ANGLE
POINT IN ANNEXATION "McCLELLAN ROAD 88-06'; THENCE ALONG SAID LOT 160
AND THE AFORE MENTIONED ANNEXATION, NORTH 109.21 FEET TO THE SOUTHEAST
CORNER OF LOT 152; THENCE ALONG THE AFOREMENTIONED ANNEXATION AND THE
SOUTHERLY LINE OF LOT 152, S 89.46' W 100.15 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 152; THENCE ALONG THE WESTERLY LINE OF LOT 152, NORTH 90.82
FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 40,959
SQUARE FEET.
J.M.H. tt3348
DOLORES 94-06 ANNEXATION - DEBCOR CORP.
JUNE1994
REVISED JULY 11, 1994
JENNINGS-McDERMOTT- HEISS, INC. CIVIL ENGweERING - I-AND PLANNING
r CUPERTINO CITY LIMIT
. ESTABLISHED BY I
,(tNNEKAT'OXAT10N EN D '� Nr'.r.r
. • I DOLORES AVENIW-IJ2 •
L....r
CUPERTINO CITY LIMIT I
DOLORES ESTABLISHED BY VENUE �I°i• : AY
N 89°4fi E XATI TITIT�,�p _
- 3L'bT�l Nye DOLORES AVENUE 88-13 I J 22030
l I
P.O.B. �° __ I l ... .... :.BLACKBERRY H sr.
Q NBENNY S✓ .. •. �'
-- wcli
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LOT 152 LOT 151 LOT 150 dO u) rmZ I . . .� r. •:u •al.. ,7
vF A P N [I UO
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• <i i- 1 I I F`t - �WG� W. CLiIL ROAD
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--- S 8 46 W 100.15 S 89.31 W 100.15 � a. ��
' CUPERTINO CITY LIMIT
Q kNNEESTABLISHED N w VICINITY MAP
,{WNEXATION ENTITLED I
MCCLFI.LIVJ ROAD 88-b6'� >
Y=' APN — I - DIN3�' i- 14-C)0 1' LOT 160 t��' I�- 14 'a�Ti; I _
F- U
^- LO'.' i59 N ESTABLISH CITY LIMIT
_i �� I .* ESTABLISHED BY �r
ICd ,ANNEXATI ENTI,7LE0,
J �I McCLELLANON 78-5
N I C
-'V w S89°46'W �— I —/ (D
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�am 80UND tY l.fE OF PROPOSED ANNFXATON
Z BB. B� E705TM CRY L&M LSE
CL --- TOTAL AREA=40,959 Sq. Ft.
Q CUPERTINO CITY LIMIT =0.940 Acres
/ESTABLISHED BY
25• ,ANNEXATION ENTITLED, b
HOWELL 76-9 — 11 EXHIBIT 6 '�
5211 89° " '32E— _._ 320 45�-
MCCLELLAN ROAD PROPOSED ANNEXATION
TO:CITY OF CUPERTINO
ENTITLED: DOLORES 94-06
W Jeminal<•Mc�rmott•Hsiss.inc.
al�lli .Il�r.n OW WW plol.ws
c��� ► -tea, com e--otp. It u-04 `to�
County of Santa Clat ou�+,
Environmental Resources Agency
Land Development Engineering&Surveying Office
County Government Center,Fast Wing /
70 West Hedding Street
San Jose,California 9si Io ETA CVO
(408)299-2871 FAX 279-8537
July 8, 1994
Kim Smith, City Clerk PUBLIC WORKS
City of Cupertino Iu[ 1 ! 1994
10300 Torre Avenue
Cupertino, CA 95014
The proposed annexation entitled DOLORES 94-06 is not in accordance with Government
Code Section 56826.
X The boundaries are not definite and certain in the following respects:
1. EXHIBIT A: The course S 89° 46' W, 100.15 feet is along Lot 152 and not along Lot
160 as is indicated by the description. At the location noted in red on the check print please
add the wording "to the southeast comer of Lot 152: thence along the aforementioned
annexation and the southerly line of said Lot 152".
2. EXHIBIT B: Legend: The boundary line in the legend seems to be dashed and the
boundary line on the map seems to be a solid line. You probably want to change the legend
to match the map. Also, please give the area of the proposed annexation in acres per the
sample Exhibit B.
I am returning one copy of the map and description. Please show the revision date on any
subsequent map and description and return three (3) copies of each to me when you resubmit
this annexation request.
If you-hav�aV questions, please call Ginny Millar at (408) 299-2871.
Very truly yours,
MARTIN D. MARCOTT
County Surveyor
Ginny Millar
Engineering Technician
Enclosures
cc: JMH, Inc.
Kevin Rieden
Board of Supervisors:Michael M. Honda, zoe Lotgren, Ron Gonzales, Rod Dindon. Dianne McKenna
wn
EXHIBIT - A "
LEGAL DESCRIPTION
ANNEXATION ENTITLED
" DOLORES 94-06 "
THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF S ANTA CLARA. STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
ALL OF SECTIONS (LOTS) 150, 151, 152, 160 AND 170 AS LAID DOWN, DESIGNATED
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED. "MAP OF SUBDIVISION "A"
MONTA VISTA", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
ON APRIL 11. 1917 IN BOOS: "P" OF MAPS. PAGE 20. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 152, ALSO BEING AN ANGLE
POINT IN ANNEXATION "DOLORES AVENUE 88-13": THENCE ALONG THE NORTHERLY
LINE OF LOTS 152, 151 AND 150 AND THE CITY LIM-ITS LINE OF SAID
ANNEXATION "DOLORES AVENUE 88-13" AND ALSO ANNEXATION -DOLORES
AVENUE 82-02", N 89046" E 300.45 FEET TO THE NORTHEAST CORNER OF LOT 150
AND A CITY LIMITS LINE DESIGNATED ANNEXATION "FUCHS 76-4": THENCE ALONG
SAID AFORE MENTIONED ANNEXATION AND THE EASTERLY LINE OF SAID LOT 150,
SOUTH 90.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1.50 AND A CITY
LIMITS LINE OF ANNEXATION "McCLELLAN 78-5 THENCE ALONG SAID AFORE
MENTIONED ANNEXATION AND THE SOUTHERLY LINE OF LOT 150. S 89031' W
100.15 FEET TO AN ANGLE POINT THEREIN AND THE NORTHEAST CORNER OF LOT
160: THENCE CONTINUING ALONG SAID ANNEXATION "McCLELLAN 78-5- AND THE
EASTERLY LINE OF LOT 160 AND LOT 170, SOUTH 218.42 FEET TO THE SOUTHEAST
CORNER OF LOT 170 AND AN ANGLE POINT IN ANNEXATION -HOWELL 76-9":
THENCE ALONG SAID AFORE MENTIONED ANNEXATION, S 89°46' W 25.04 FEET TO
THE SOUTHWEST CORNER OF LOT 170; THENCE ALONG THE WESTERLY LINE OF LOT
170. NORTH -109.21 FEET TO THE NORTHWEST CORNER THEREOF AND THE
SOUTHERLY LINE OF LOT 160; THENCE ALONG SAID SOUTHERLY LINE OF LOT 160,
S 89°46' W 75.11 FEET TO THE SOUTHWEST CORNER OF LOT 160 AND AN ANGLE
POINT IN ANNEXATION "McCLELLAN ROAD 88-06 THENCE ALONG SAID LOT 160
AND THE AFORE MENTIONED ANNEXATION, NORTH I".21 FTrOFBEG]INNING
89°4' W
I UU.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 152: TONG THE
WESTERLY LINE OF LOT 152, RORTH 90.82 FEET TO THE POI AND
CONTAINING APPROXIMATELY 40.959 SQUARE FEET.
. . . -tom -�i'lc �ufl;east corner o�
J.M.H. � ..2 i t�� °r.c er 4�o- -r
DOLORESS 4 4 A ANNEXATION - DEBCOR CORP. C)-& 1
JUNE 1994 4f�r�r� �r, ficn�� c�rsr�� aFiot7
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EXKTMIa CRY LAM LME
TOTAL AREA =/40,959 Sq. Ft.
CUUPERTINO CITY LIMIT d 9 T� C.rc
/ SUSLISI•ED gY
AAA�AAP►►►►►NNEXATION ENTITLED, FPOSED
H°WELL6- HIBIT B
OAD ANNEXATION
F CUPERTMIO
ENTITLEOO DOLOR 94-01
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PRO? ANNEXAr/O
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EX/ST/NC CITY L/MI7S L/N£
UNINCORPORArED AREA OF AS EVABL/SN£D
SY ANNEXATION (NAME B ORD.NoU
PROPOSED ANNE ATION
-------EAMINO C/rY L/M/rS LINE
_MAP RFOL//RFMFN7S EXH/B/T B
/. OVERALL MAP, S/, r SHOW POINr OF BEGINNING OF DESCR/P7/ON PROPOSED ANNEXATION
MIN-B.Js/I MAX- /B' B WHEN PROPOS/ND r0 sa/rL/NES OF ASSESSMENT, TO
/NOICArE SOUNOAR/ES OF OMC/NAL PARCEL.
e. USE AND SHOW
W ADEQUATE MARGINS. A SHOW ALL BEARINGS,D/SrANCEs, LOT NUMBERS, ENTITL ED
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REFERENCES USED /N rN£ DESCR/Pt/ON
1 LECENOYM0 NORrN ARROW. /O SNOW ASSESSORS PARCEL NUMB
N MAP /L SHOW AREA CF ANNEXArIO / ACR SCALE 6. SHOWEX/Sr/NO C/rY L/M/rS, ANNEXAr/ON Y
NAME AND ORDINANCE NUMBER. le SNOW ALL ROADS AND W/OrN 0
i
i
EXHIBIT ' A ' .
LEGAL DESCRIPTION
• ANNEXATION ENTITLED
" DOLORES 94-06 "
THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA. STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
ALL OF SECTIONS (LOTS) 150, 151, 152, 160 AND 170 AS LAID DOWN, DESIGNATED
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION "A"
MONTA VISTA". AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
ON APRIL 11, 1917 IN BOOED ?" OF MAPS. PAGE 20. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 152, ALSO BEING AN ANGLE
POINT IN ANNEXATION "DOLORES AVENUE 88-13"; THENCE ALONG THE NORTHERLY
LINE OF LOTS 152, 151 AND 150 AND THE CITY LIMITS LINE OF SAID
ANNEXATION "DOLORES AVENUE 88-13" AND ALSO ANNEXATION "DOLORES
AVENUE 82-02", N 89.46' E 300.45 FEET TO THE NORTHEAST CORNER OF LOT 150
AND A CITY LIMITS LINE DESIGNATED ANNEXATION "FUCHS 76-4": THENCE ALONG
SAID AFORE MENTIONED ANNEXATION AND THE EASTERLY LINE OF SAID LOT 150.
SOUTH 90.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 110 AND A CITY
LIMITS LINE OF ANNEXATION "McCLELLAN 78-5 THENCE ALONG SAID AFORE
MENTIONED ANNEXATION AND THE SOUTHERLY LINE OF LOT 150, S 89.3 V W
100.15 FEET TO AN ANGLE POINT THEREIN AND THE NORTHEAST CORNER OF LOT
160; THENCE CONTINUING ALONG SAID ANNEXATION "McCLELLAN 78-5- AND THE
EASTERLY LINE OF LOT 160 AND LOT 170, SOUTH 218.42 FEET TO THE SOUTHEAST
CORNER OF LOT 170 AND AN ANGLE POINT IN ANNEXATION "HOWELL 76-9":
THENCE ALONG SAID AFORE MENTIONED ANNEXATION, S 89.46' W 25.04 FEET TO
THE SOUTHWEST CORNER OF LOT 170; THENCE ALONG THE WESTERLY LINE. OF LOT
170. NORTH -109.21 FEET TO THE NORTHWEST CORNER THEREOF AND THE
SOUTHERLY LINE OF LOT 160: THENCE ALONG SAID SOUTHERLY LINE OF LOT 160,
S 89.46' W 75.11 FEET TO THE SOUTHWEST CORNER OF LOT 160 AND AN ANGLE
POINT IN ANNEXATION "McCLELLAN ROAD 88-06"; THENCE ALONG SAID LOT 160
AND THE AFORE MENTIONED ANNEXATION, NORTH 109.21 FEET AND S 89.46' W
100.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 152: THENCE ALONG THE
WESTERLY LINE OF LOT 152, 9ORTH 90.82 FEET TO THE POINT OF BEGINNING AND
CONTAINING APPROXIMATELY 40,959 SQUARE FEET. -
J.M.H. #3348
DOLORES 4 ANNEXATION - DEBCOR CORP.
JUNE1994
JENNINGS-McDERMOTT-HEISS, INC- CIVIL ENGINEERING - LAND PLANNIN(;
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—N B9.48'30'E--._— l —�S89-46�w N89-48' -L NQ-A—F_� EXHIBIT B
McCLELLAN - ROAD PROPOSED ANNEXATION
TO°CITY OF CUPERTINO
ENTITLED: DOLORES 4
.}QIWfIQ}'IAc0ermOts Fleas,m.
oM ■¢ter, ad bd pbn.+
fIN Jot—C<IRall—uIIOIM.
MAY 194 1 I O 1 J-IwLR 33481
City Of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CC)RTFSE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT 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 Government Code (commencing with Section 56000,
Cortese-Knox Local Government Reorganization Act of 1985) .
2. The proposed change of organization is designated as:
Dolores 94-06
and consists of:
X annexation to CITY OF CUPERTINO
detachment from (name City/DistrictX
of .92 (number of) acres on the S (n/s/e/w)
side of DOLORES (Street/Avenue)
between ORANGE (Street/Avenue)
and BYRNE (Street/Avenue)
and (if applicable) annexation
XX detachment
of the same to/from COUNTY OF SANTA CLARA
(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) XX uninhabited.
5. This proposal XX 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:
DETACH 5 PARCELS OF LAND COMPRISING 4 BUILDING SITES FROM COUNTY AND
ANNEX TO CITY. PARCELS SURROUNDED BY AND WITHIN THE SPHERE OF INFLUENCE.
OF THE CITY OF CUPERTINO
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:
FOUR (4) PARCELS TO BE LEGAL BUILDING LOTS AND PARCEL 170 TO BE
DESIGNATED AS FLAG LOT ACCESS TO LOT 150 (MERGE NOT REQUIRED)
8. The person(s) signing this petition has/have signed as (check one) :
xx owner(s) of land within the affected territory.
_ registered voter(s) within the affected territory.
9. The undersigned proponent(s) 12L do own 100% of the territory
_ do not proposed for change of
organization or
reorganization.
Wherefore, petitioner## request(=k 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) i
Signatures
of Petitioners
(Please print) Assessor's Election
name below Street Address Parcel or Precinct
Date signature) City/State/Zip No.* No.**
BOREL BANK A TRUST CO.
_ ESTATE OF C/O BOREL BANK P. o. BOX 5492
ALV A EHRHART SAN MATEO, CA 94402
BOREL BANK&TRUST COMPANX phone: ( 7 -
BY:_ C,
'AND , , c
Phone: (_)
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) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TEM=RY
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 Iocal Government Reorganization Act of
1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: DOLORES 94-06
Annexation )
BfdaymbWQl ) to/from CITY OF CUPERTINO
Fjjp) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
CITY OF CUPERTINO , as Lead Agency for enviromrntal 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
provisions of CEQA pursuant to Cal.Adm.Code Sec.
(cite class exemption section) .
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.
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) 777-3308 )
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Adm. Cade Sec. because
CHARACIMISTICS OF THE AREA
1. Number of acres .92
2. Number of inhabitants 12
3. Number of registered voters 10
4. Number of dwelling units 6
5. a. What is the present use of the area (be brief, but specific) :
SIX SINGLE FAMILY RESIDENCES
b. Indicate the parcel numbers of those parcels, if any, which are
under contract under provisions of the Williamson
Act: NONE
C. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
N/A
6. a. For city annexations.what is the prezoning that has been applied
by the city to the affected area (Note: Prezoning is a filing
requirement for city annexations) :
R1-7.5
b. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the City? YES_ NO XX
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.
DEMOLISH 6 OLD HOMES AND BUILD 4 NEW SINGLE FAMILY HOMES
8. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES NC
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 XX
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.
1
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in
the City or District's urban service area: YES XX 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_ NOS
If YES, what arrangements will be made to provide sewage disposal?
ALREADY CONNECTED CUPERTINO SANITARY DISTRICT
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_ NOS
If YES, describe service(s) or improvement(s) and the average cost per
resident/landowner of the district.
Service/improvement:
Cost: $ /yr. for yrs. $ /yr. for _ yrs.
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) :
Cjper i'nn E lea en-6-1 CchooI Diyfi ci' Ct;perino Sang+ar D( riot
Frv. ono H;a6.Srl,onl D;SInG"f' Mid Drh'nsilnOpa re. Dom_
Foo4k,'I I Co m ndj C_n lleT D;sj6rT
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexatoin/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 names, addresses, etc.) Assessor's parcel number, assessed
land (not improvements) valuation, and, if loot 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. j
Assessed 11
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zip Tel. No. No. Land I
AOREL BANK • TRU21T CO.
ESTATE OF p O BOX 5492
ALVA EHRHART SAN MATEO• CA 94407
C/O
BOREL BANK
BOREL BANK&TFWST COMPANY
LYNNE C. 1OHNSTON
(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 lard. on the next
Assessment Roll; where lard 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 CERTIFY that I have checked the number of Owners of property located
within the annexation/detacbunent/reorganization proposed by this
application and that the _ (number) signatures above represent all of
the owners of property included in this proposal. I FUFQIER CERTIFY that,
pursuant to Goverrurent Code Section 56839, the City will make
determinations on this proposal without notice or hearing.
Date:
City Clerk
(Seal)
City of Cupertino
b. Owners of land within the proposed annexation/detacfimnt/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
i
(If additional space required, continue list on separate sheet & attach.)
C. FOR NOT-100% CONSENT 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 IAFM filing requirements will be met and
that the statements made' in this application are to the best of my
knowledge accurate.
Bert Viskovich 10300 Torre Avenue
(Prin name of Cupertino CA 950144
ing 's a do ( !ess)
(Signa ) ( te)
NOTE: It is a general IAF)oO 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.
CILy of Ct1pr1'l !nu
NI:CA7'IVIi hl?CLARAHON•'
May 21 . 1984
An provided by Ihr hlivirnuult•ulal As!;v! ::mt•nl I'rorrdln-r, adopted by tilt- (:ItV
Council of Ho.- City of Cuperl lilt) t)n M:n'rh •J/, 1971, as :nnt•ndt-d . thr followiul;
INpst-rihcd projecl was graoled a Negal IV,- Ih•rl:lral inn by [Ise CIly Council of
Ill(- CiLy of (:uprrl !fill nil M:ly 71 -. 1984 .
Projrrl Uvrrripl inn--_ lld I.nral. inn
Appl it-al inn 4--I•:A-114 Appl Ip:1111 Cil )• „1 Cop,•rl inn (Old Mofilil Vie:l :l area)
l.nratIt'll: CrneraIIv hoondt•d by Craimiln Avrnfir I the
u rth, Imp(-vial Avt•noe to Ihr tiara ,
MI-CIp1Ian Rand tt) the :;(lilth and by the
wrr;l ,.•I ly hnilnd:n'y (if Ihr lilackhrrry
P+11'ill C4I1 Conant- to IIll, we:;l .
Uirt'rt•l lon;n'V Arl hill kc(lur:a : I'rt•znur :old rrznu,•
npproxlim1c] V 97 amps, within the nld Monln Vlala
:u'rn In It1 -11 (Itr:: ld(.nl In1 Single.-f:unl IV) , 11 -7 .5
(I(esldi•nl Lnl Single-ralill IV) , 1' ` I'Innned Npvt•Iolnuonl,
with a RL'Sidrnl i:11 /1 .4-12 dwel Iing nil 11s err
Moro) , P (Phloiu•d 1)rvelopuu•n1 with a Iteshivol 1:11
4 .4-7.7 dwvlIlnr. 111111m per 1;ross aril•) . P (I'Innnrd
Duvt•Iolom-111 Willi Lip,lll Induslrlal and Itrnidrul inl ) ,
V (Pl:nuled h,•vpinpnu•nl Willi Ap.rlrrlllurt•/Itperpal lonall .
and IRj (1'111.1ir Ibiildinp•) Zollinl; dl:cirlrt :,.
Findings ol, Devivionmakinp_AmIx
'I'll(, City Council 1;1-an Lrd n Nvgal Ive Nor 1:11':u ion Since Ihr pl-ojt•rt IS run::i::l oil
With lhr Ct•npr:ll 1'In11 :Ind lla:: no xl{.nil irnnl environmrulal Impacts.
.lamp:: 11 . Slxh
111annlnl; Dirrclor
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.
h��
leputy City Clerk
Initl_'a__I Study
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4-P,A-84
Application File Number(s) 1-7.-84
Date February 27, 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their potential
impact on the environment.
1 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 Statf law and the City
of Cupertino 's Environmental Assessment requirements. .
Detailed information regarding the environmental assessment procedure is avail-
able from the Director of Planning and Development.
Part I
Information to be completed by the Applicant
Project Type (Pre.)Zoningl ni Tentative Map Other
Use Permit n Variance
Old onta Vista Aren generally bounded by raneca ven7C ue to the'nor T"imperial
Location Avenue to the east, McClellan Road to the s( th and by the westerly boundary of
the Blackberry Farm .o.. : Course Lo tHe wes .
Applicant City of Cupertino
Address of Applicant 10300 'Torre Avenue, Cupertino, CA 95014 Phone (409) 252-4505
General Description of Project Prezone and rezone the above areas to zoning
districts consistent with the General Plan. The pro e,:t site contains approximately
97 acres.
Rev.7/8/80
Description of Project (conC d. )
Specific Details of the Project
1. Size of Site NZA
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule :
Owner— No. of Size Estimated Total
Rental ship Bedrooms Sq.ft. Sales Price ( Number
Unit type O1
Unit type 02
Unit type A3
Unit type 04
Unit type 05
TO TAL
(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
Questions Related to Potential Imoact of Project
A. Social/Cultural Impacts : Yes Mavbe 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
(5) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns? X
(6) Will the project substantially change existing
noise or vibration levels in the vicinity? X
(7) Is the project site on filled land or on
slope of 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 Settin
Provide the following information on a separate attachment:
(1) Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals , and any cultural, historical or scenic aspects.
Describe any existing structures on the site, and the use of
structures . A plot plan may be required for the description. ,
(2) Describe the surrounding .pioperties, including information on
plants and animals and any cultural, historical or scenic
aspects . Indicate the type of land use (residential, commer-
cial, etc.) , intensity of land use (one-family, apartment
houses, shops , department stores, etc. ) , and scale of devel-
opment (height , frontage, 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.
(Signature)
For t-r—/ 5 F
(1 ) The 'Project site is comprised of e);lsting urban development including n
acre golf course and picnic Ground recreation complex. The entire area
has general historic value. A few structures m= have greater historical
value as separate entities. The recreation complex is located in the
100-year event flood plan for Stevens Creek.
(2) The project area is bordered by the Old Konta Vista Commercial District
to the north, by the West. Valley Industrial Parl( to the east and by
single-family residential neighborhoods to the south and west .
Part I I
Information to be completed by City Officials.
A. Primary General Plan Considerations: Yes Mavbe No
(1) Is the project in violation of the City of
Cupertino's adopted General Plan? X
(2) Will the project burden public utilities and
services?
(a) Fire and police services X
(b) Parks and recreation system X
(c) Schools X
(d) Water system X
(e) Sever system X
(f) Storm system X
(g) Solid waste X
(3) Is the project side outside of the Urban Ser—
vice Area of the City as defined by Santa
Clara County Local Agency Formation Commission? X
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis—
placement of people? X
(2) Will the project alter the employment base
of the community? X
(3) Will the project alter the housing needs
of the community? X
(4) Does the proposed project affect a histori—
cal or archaelogical site? X '
(5) Will the proposed project eliminate an
existing recreational use at the project site? X
(6) Does the proposed project decrease public
access to any public body of water or recrea—
tional area? X
(7) Will the proposed project alter the location,
distribution, density or growth rate of the
human population of an area? X
• i
(8) tdil1 the project result in: J Yes Mavbe NO
(a) The disturbance of a natural or man—made
feature in the project area which is unique? X
(b) The obstruction of a .scenic vista open to
the public? X
C. Physical Impacts:
(1) Will the proposed project result in the exposure
of people or property to geologic hazards such
as earthquakes, landslides, mudslides, ground
failure or similar hazards? X
(2) Will the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures? X
(b) Disruptions, displacements, compaction or
overcovering of the soil? X
(c) Change in topography or ground surface
relief features? X
(d) The destruction, covering or modifica— 4
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
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
Yes Mavbe No
(8) Will the proposed project involve the use,
storage, or disposal of hazardous materials? X
(9) Will the proposed project result in:
(a) Use o: 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? I 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
Yes Mavbe 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.
�i That the proposed project MAY have a significant effect an the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date
an, Environmental Rev'iieew7`Co�mmittee
For
is
w `
CUPERTINO BRANCH MBl 03267
THE LINDY GROUP BANK OFAMERICA 117-3 CHECK NO.
12280 SARATOGA SUNNYVALE RD.,#101 CUPERTINO,CA 95015
SARATOGA,CA 95070
Acct: (408)255-4300 000000003267
May 18 94 $1 , 365 . 00
********* One Thousand Three Hundred Sixty—Fivd?A%nd 00/100 **Gt1irKP0AQ4NI
t
PAY COUNTY OF SANTA CLARA
TO THE
ORDER
OF
11800326711' 1: 1 2 1000 3 581: 0 6 8 1 71110 5 8 6 711'
CUPERTINO BRANCH M81 03266
THE LINDY GROUP BANK OF AMERICA 1135
12280 SARATOGA SUNNYVALE RD.,#101 CUPERTINO,CA 95015 1210 CHECK No
SARATOGA,CA 95070
(408)255-43M
Acct: 000000003266
May 18 94 $200 . 00
*w,rwwww,t*www*.r r,www•w* w DATE CHECK AMOUNT
Two Hundred and 00/100 ******************** ** *
PAY
L . A . F . C . O .
TO THE
ORDER OF
000326P. 1: 1 2 1000 3 581: ❑ 6817...0586711'
ATTORNEY OR PARTY WITHOUT ATTORNEY(Name and"die") TELEPHONE NO.: - FOR CO((tl�U{F ONLY
JEFF L. STIPBELf#78342. I.AWTf NM-,M IUaLY_ 415/..731-1940
Attorney at Law' Attorney at Law 415/731,1934
2390-15th-Avenue 35 Vicente Street
San Francisco, CA 54I16 San Francisco, CA 94127 _ G^+
ATTORNEY FOR IN.);(b—Cbtmsel O My D 35 NII t.i3
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA _
STREETADORESS: County Courthouse vl` 1�' �•�
MAILING ADDRESS: 191 North. First Street
CITY AND ZIP CODE: San Jose CA 95113 �e l n$Ai:(„ i,;-,
BRANCH NAME:
ESTATE OF (NAME): J
ALVA M. EHRHART
DECEDENT
LETTERS USE NUMBER:
TESTAMENTARY Q OF ADMINISTRATION
OF ADMINISTRATION WITH WILL ANNEXED Q SPECIAL ADMINISTRATION 130 972
LETTERS AFFIRMATION
1. ® The last will of the decedent named above having 1. Q PUBLIC ADMINISTRATOR: No affirmation required
been proved, the court appoints(name): (Prob. Code• 4 1140(b)).
BOREL BANK
2. Q INDIVIDUAL: I solemnly affirm that I will perform the
a. Executor duties of personal representative according to law.
b. 0 Administrator with will annexed
2. 0 The court appoints (name/: 3. 0 INSTITUTIONAL FIDUCIARY fname):
BOREL BANK
I solemnly affirm that the institution will perform the
a. Administrator of the decedent's estate duties of pen4onal representative according to law.
b. Special administrator of decedent's estate I make this affirmation for myself as an individual and
(1) Q with the special powers specified on behalf of the institution as an officer.
in the Order for Probate (Name and title):
(21 Q with the powers of a general
administrator
3. QX The personal representative is authorized to admin-
ister the estate under the Independent Administra-
tion of Estates Act ® with full authority 4. Executed on / el: OVember , 1993
Q with limited authority (no authority. without at ace): S Mateo , California.
court supervision, to 11)sell or exchange real proper-
ty or (2) grant an option to purchase real property or RONALD a FICK
(3) borrow money with the loan seeurvrby an TIVE VICE" PR5RID:7
encumbrance upon t prtperty).
/ (SIGNATURE)
SS, Cler lie courtO seal o the court affixed. CERTIFICATION
5.— ]l 1 certify that this document is a correct copy of the original or
Date: wA - file in my office and the letters issued the personal representative
appointed above have not been revoked, annulled, or set aside.
erk, by Vim`. .� �eputyand are still in full force and effect.
Date: FEB 1 3 1734
�• ,' Clerk, by
cz
IDIf� rL, f '� # •oM re• PUiY
�4 lvx a"B f .rlyJ..:i.'R:y:1 , •,��
i -• � USlil:lA S �tiy3 i r�•. F 4��.y'x * •
01
iprm Ap°, ,I 11 q. 1, LETTERS P"�IeeCC°atof 4ei a Arocedu a 1 foss/'Ju Foe Com+cd of C.W t;,,,,e ,
OE-1501ReY July 1. 19081 t( (Probate) P-
4083545991 CONTEMP&PS GATOS F-41e T-734 1i005 MAY 09 '94 13:05
t� 1aent.,; 7v anUnai i �,a
INSURANCE COMPANY
NOW
-1067 Blossom Hill Road, San Jose, CA 95123 (408) 448-1600
UPDATE
PRELIMINARY REPORT
TO: CONTEMPO REALTY Please refer to our
155 Santa Cruz Ave. #A Application or Escrow No: 108135
Los Gatos, CA 95030 Your Reference No.:
Attn: Jerry Houstop Escrow Officer: Sue Russell
Title Officer:
Property Address:
21854 Dolores Avenue
which has a Mailing Address of Cupertino, California
BUYERS NAME:
In response to the application for a policy of title insurance referenced herein, FIDELITY NATIONAL
TITLE INSURANCE COMPANY hereby reports that it is prepared to issue or cause to be issued, as
of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
average pursuant to the printed Schedules, Conditions and Stipulations of saih policy forms.
The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth 'n
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 or Policies of title insurance and no liability is assumed herPl)v
If it is desired that the liability be assumed prior to the issuance of a policy of title insurance. a
Binder or Commitment should be requested.
Dated as of November 24, 1993 at 7:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
TO BE DETERMINED
The estate or interest in the land hereinafter described or referred to covered by this Report s
A FEE
Title to said estate or interest at the date hereof is vested in:
ALVA EHRHART, who acquired title as an unmarried woman, and MAX EHRHART, who acqu,re'!
de as a single man, as to Parcels A, B, C & D; and MAX EHRHART, who acquired title as a s•, :
man, and ALVA EHRHART, who acquired title as a single woman, as joint tenants, as to Parrei f
Page 1 CM /cn 01/12/ >4
-------------- --
f 40e3545991 CONTEM OS GATOS F-41e T-734 2/005 MAY 09 94 13:06
Orde*AWNo_ 108135 i
LEGAL DESCRIPTION
The land referred to in this Report is situated in the State of
California, UNINCORPORATED AREA, County of Santa Clara, and is
described as follows :
PARCEL A:
Section (Lot) 150 as laid down, designated and delineated upon that
certain Map entitled, "Map of Subdivision "A" Monts. Vista" , and which
said Map was filed for record in the office of the County Recorder of
the County of Santa Clara, State of California on April 11, 1917 in
Book 11P" of Maps, page 20.
PARCEL B:
Section (Lot) 151 as laid down, designated and delineated upon that
certain Map entitled, "Map of Subdivision "A" Monta Vista" , and which
said Map was filed for record in the office of the County Recorder of
the County of Santa Clara, State of California on April 11, 1917 in
'gook "P" of Maps, page 20 .
PARCEL C:
Section (Lot) 152 as laid down, designated and delineated upon that
certain Map entitled, "Map of Subdivision "A" Monta Vista" , and which
said Map was filed for record in the office of the County Recorder of
the County of Santa Clara, State of California on April 11, 1917 in
Book "P" of Maps, page 20.
PARCEL D:
Section (Lot) 160 as laid down, designated and delineated upon that
certain Map entitled, "Map of Subdivision "A" Monta Vista" , and which
said Map was filed for record in the office of the County Recorder of
the County of Santa Clara, State of California on April 11, 1917 in
Book 11P" of Maps, page 20 .
PARCEL E:
Section (Lot) 170 as laid down, designated and delineated upon that
certain Map entitled, "Map of Subdivision "A" Monta Vista" , and which
said Map was filed for record in the office of the County Recorder of
the County of Santa Clara, State of California on April 11, 1917 in
Book "P" of Maps, page 20 .
PN: 357-14-040
Page 2
4093545991 CONTALOS GATOS _ F-419 T-7340-003/005 MAY 09 '94 13:07
i.J OrdelMeO. 108135
KCEPTIONS :
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions' in said policy form would be as follows:
1 _ General and Special County Taxes for the fiscal year 1993-1994, as
follows : 7
Bill No. : 357-14-040
Code Area : 63-079
First Installment : $555 .65, PAID
Second Installment: $555 .65, OPEN
Exemption : NONE
Personal Property : NONE
Said matter affects : PARCELS A, S, C & D
la. Supplemental Taxes for the fiscal year 1993-1994 , as follows :
Bill No. : 357-14-040-99
Code Area : .63-079
First Installment : $594 . 00, PAID
Second Installment : $594 .00, OPEN
i
Said matter affects : PARCELS A, B, C & D
lb. General and Special 'County Taxes for the fiscal year 1993-1994 , as
follows :
Bill No. : 357-14-041
Code Area : 63-079
First Installment : $23 .40, PAID
Second Installment : $23 .40, OPEN
Exemption NONE
Personal Property : NONE
Said matter affects: PARCEL E
lc . The lien of supplemental taxes if any, assessed pursuant to the
provisions of Chapter 3 . 5, Revenue and Taxation Code, Sections 75
et seq.
2 . An easement affecting the portion of said land and for the
purposes stated herein, and incidental purposes,
In Favor Of COUNTY OF SANTA CLARA
For use as a public road and highway
Recorded October 23, 1946, in Book 1384, Page 287,
Official Records
Affects the Northerly portion of Parcels A, B & C lying
in Dolores Avenue
Community property interest, if any, of the spouse, if any, of
SPOUSES (VESTEES) _
Page 3
YYJOJJY.JJJ1 l NICl-W*UJ U IUJ r`. I-!.>Y W—,e Ini Ul 1 —1u
Ordelr+Llo. 108135 I
NOTES:
1 . The following conveyance (s) was recorded during a period of two
years preceding the ;date of this report: NONE. i
2 . The charge for a policy of title insurance, when issued through
this title order, will be based on the basic rate. (Not Short-
term) .
3 . "NOTE : California State Senate Bill Number 2319, effective
January 1, 1991, requires that the Buyer in all sales of
California real estate, wherein the seller shows an out of state
address, withhold 3-1/3t of the total sales price as California
State Income Tax, subject to the various provisions of the law as
therein contained" .
CM/cn
13 OFFICE OF COUNTY ASSESSOR - SANTA CLARA [oUN7Y, [AlH2.41A
35
M
� IS
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