89,323 Annexation 94-09 • ark •
CITY OF CUPERTINO
• RECEIPT •
• No. 83719 •
DATE 1 1 30 19-na
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BY
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• �1323 •
RESOLUTION NO. 9312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "LOMITA
94-09", APPROXIMATELY 0.32 ACRE LOCATED ON THE
SOUTH SIDE OF LOMITA AVENUE BETWEEN ORANGE
AVENUE AND PASADENA AVENUE; HELLESOEMOUSER
(APN 357-18-001)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.30 acre on the west side of Lomita
Avenue (APN 357-18-001) has been filed by property owners Bruce Hellesoe and Ann
and Charles House; and
WHEREAS, on March 6, 1995, the City Council adopted resolution No. 9295
initiating proceedings for annexation of the area designated "Lomita 94-09; 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. 9312
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Lomita 94-09", 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 0.30
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. 9312
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 3rd day of April, 1995 by the following vote:
Y = Members Qf lk City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Wally Dean
City Clerk Mayor, City of Cupertino
reso1uti1m9312.dm
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
LOMITA 94-09
DECEMBER 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at the southeast corner of LOT B, BLOCK 9, as shown upon that certain map
entitled, "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista", which map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Volume P of Maps, at Page 24;
Thence NORTH, 96.00 feet to the northeast corner of said LOT B, BLOCK 9, said point
also being along the southerly boundary line of Lomita Street as shown upon said map
and also being along that certain annexation to the City of Cupertino entitled, "ORANGE
AVENUE 90-02';
Thence WEST, 135.00 feet along the southerly boundary line of Lomita Street and also
being along said annexation"ORANGE AVENUE 90-02" to the northwest corner of
LOT A, BLOCK 9 as shown upon said, "Map of Resubdivision of Subdivision No. 1,
Town of Monta Vista";
Thence SOUTH, 96.00 feet along the easterly boundary line of Orange Avenue as shown
upon said map, also being along said annexation "ORANGE AVENUE 90-02" to the
southwest corner of said LOT A, BLOCK9;
Thence EAST, 135.00 feet to the Point of Beginning.
Containing 0.30 acres, more or less.
A.P.N. 357-18-001
OSTEVENS CREEK BLVD
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EXISTING ANNEXATION
"ORANGE AVE 90-02' (n
LOMITA AVE N.T.S.
- LOCATION MAP
SCALE: 1 "=60' n
w 13s.00'
Q
PN 357-18-001 LEGEND:
Li o�I LOTS A k 9/ = o o 12,960 S.F. o
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Q _Itl PROPOSED ANNEXATION
O
A /B — EXISTING ANNEXATION
EAST — — — — CITY LIMITS
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EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED LOMITA 94-09
DATE: DEC 1994 SCALE: 1"=60'
BY: RIEDEN, K REVISED:
CITY OF CUPERTINO
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City of Cupertino (408)252-4505
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CORTESE-IWOX LOCAL GOVERIII= 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:
I. 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:
LOMITA 94-09
and consists of:
X annexation to CITY OF CUPERTINO
detachment from (name City/District)
of .30 (number of) acres on the S (n/s/e/w)
side of Lomita Avenue (Street/Avenue)
between - Orange Avenue (Street/Avenue)
and Pasadena Avenue (Street/Avenue)
and (if applicable) _ annexation
_ detachment
of the same to/from
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the
territory(ies) in--luded 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
is not of the affected city and district(s) .
6. The reasons(s) for the proposed Annexation (annexation,
detachment, reorganization, etc.) is/are:
To procure City services.
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or
reorganization be made subject to the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one) :
_ owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) _ do own 100% of the territory
do not proposed for change of
organization or
reorganization.
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 PEPITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print) Assessor's Election
name below Street Address Parcel or Precinct
X Date si ture City/State/Zin No.* No.**
i�/3o/°14 l rho. BOX 740
A&LAcE H€ill66F 5a)N6LE s Pei Ka.c A gsbaL
Phone: (11 ) M-3122,
o�csFR C�� 9so/S!
Phon s (!La_) a^. -Yea—,W
//-3 0-9 y aJ 7 /d dv
c E-s o n /a
Phone
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident voter
initiated proposals.
City of Cupertino (408)252-4505
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLSCATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted with
any petition to the City for a change of organization (annexation or
detachment) or reorganization (multiple annexations and/or detachments)
made pursuant to the Cortese-Knox Local Government Reorganization Act of
1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: LOMITA 94-09
Annexation )
VetWdM MVt ) to/from City of Cupertino
RearWrAzybban) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
x The City of Cupertino , as Lead Agency for environmental review
(Name of City/District)
of the project, has already prezoned
(prezoned? other approval action?)
the territory on June 4, 1984 and in ocupliance with CEQA, has:
(date)
_ determined that the annexation is categorically exempt from
provisions of CEQA pursuant to Ca1.Achn.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.
Meted 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 cotTpleted Environmental
Information Form required by Planning staff is attached to this
application. (Planning staff phone: (408) 252-4505.)
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Actin. Code Sec. because
CHARACTERISTICS OF UM AREA
1. Number of acres .30
2. Number of inhabitants 1
3. Number of registered voters 3
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific) :
Single Family Residential
b. Indicate the parcel numbers of those parcels, if any, which are
under contract under provisions of the Williamson
Act:
C. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) fram the contract?
6. a. For city annexations what is the prezoning that has been applied
by the city to the affected area (Note: Prezoning is a filing
requirement for city annexations) :
b. Does the applicant intend to propose a changeiin this zoning if
and when the territory is annexed to the City? YE4_ NO
If YES, indicate the new zoning which will be sought.
7. For City or district annexations, describe the development being
proposed for the territory, if any, and when this development is
expected to
New single family residential . 1995
8. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES-L NO
If NO, please explain the reason for non-conformity and provide
justification for approving the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island,
corridor or strip of unincorporated territory? YES NO x
If YES, answer the following questions:
a. Number of acres in the island, corridor
or strip? (If more than one island is being
created, indicate the acreage of each island.)
b. Number of inhabitants?
C. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation
of an island? YES x NO
If YES, explain why creation of an island is justified.
SERVICES
lo. Is the territory proposed for annexation/detachmnt/reorganization in
the City or District's urban service area: YES NO x
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
I
If YES, what arrangements will be made to provide sewage disposal?
12. Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be fin-
anced by the formation of a special assessment district? YES_ NO X
If YES, describe service(s) or improvements) and the average cost per
resident/landowner of the district.
Service/ir provement:
Cost: $ Syr. for _ yrs. $__/yr. for _ yrs.
Supp. Appl. -3-
13. List all cities, special districts, (including school districts) and
County Service Areas located within the area of this proposal.
(Exclude Santa Clara County Water District, San FYancisco Bay Area Air
Pollution Control District, County Library Zone, and Water
Importation.) (Refer to County Tax Rate Code Book for this
information) :
Cupertino Elem School District Cupertino Sanitary District
Fremont High School District Mid Peninsula Open Space District
Foothill Community College Dist
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexatoin/detachment/reor-
ganization who consent to this proposal should show their consent
by signing and printing or typing their names and addresses, with
date, below. (Signatures not required if proposal is initiated
by property-owner petition: put "see petition" below and type or
print names, addresses, etc.) Assessor's parcel number, assessed
land (not improvements) valuation, and, if 100% property-owner
consent has been obtained, certification by City Clerk must be
added prior to consideration. Hearing not required if 100%
property owner consent is obtained.
Assessed
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zip Tel. No. No. Land
%%See petition/1 357-18-D01 AI$,116
(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 agreement
of sale, any person shown therein as purchaser, and any public agency
owning land." Government Code Section 56048.
Supp. Appl. -4-
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
Cc m -mity Development's Report and mailed Notice of Hearing (in
addition to the Clerk/Administrator of each affected city or
district) :
Street Address
Name City/State/Zip
(1)
(2)
(3)
16. I hereby certify that all LAFCO filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate.
Bert Viskovich 10300 Torre Avenue
(Pr' of err complete- Cupertino CA 95014
t ) (Address)
/ / 9
(Signat ) ( te)
NOTE: It i a general LAFCO 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
sutadt this information to the appropriate school district(s) and the
signature above is considered verification that this filing requirement
has been met. r
w
CERTIFICATE OF CITY C= (Required for 100% Consent Proposal)
I CERPIFY that I have checked the number of owners of property located
within the annexation/detachment/reorganization proposed by this
application and that the _ (number) signatures above represent all of
the owners of property included in this proposal. I FU17Tf-IER CE(27'IFY that,
pursuant to Government 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/detachment/reor-
ganization who do not consent to this proposal should be listed
by name, address, parcel number and assessed lard valuation
below. Signatures and dates are not required. Hearing will be
held for less-than-100%-consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet & attach.)
C. FOR NOT-100% CONSENT PROPOSAIS, 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-
! ti
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
LOMITA 94-09
DECEMBER 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at the southeast comer of LOT B,BLOCK 9, as shown upon that certain map
entitled, "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista",which map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Volume P of Maps, at Page 24;
Thence NORTH, 96.00 feet to the northeast comer of said LOT B,BLOCK 9, said point
also being along the southerly boundary line of Lomita Street as shown upon said map
and also being along that certain annexation to the City of Cupertino entitled, "ORANGE
AVENUE 90-02;
Thence WEST, 135.00 feet along the southerly boundary line of Lomita Street and also
being along said annexation"ORANGE AVENUE 90-02"to the northwest comer of
LOT A, BLOCK 9 as shown upon said, "Map of Resubdivision of Subdivision No. 1,
Town of Monta Vista";
Thence SOUTH, 96.00 feet along the easterly boundary line of Orange Avenue as shown
upon said map, also being along said annexation"ORANGE AVENUE 90-02"to the
southwest comer of said LOT A, BLOCK9;
Thence EAST, 135.00 feet to the Point of Beginning.
Containing 0.30 acres,more or less.
A.P.N. 357-18-001
STEVENSR EK BLVD
4 4 H RM AIITA
J
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= J
W
F
Q
Q �
N W
T
a
EXISTING ANNEXATION �
T
PN
"ORANGE AVE 90-02" L O M I TA AVE
N.T.S.
- - LOCATION MAP
SCALE: 1 "=60' n
135.00'
W
Q I PN 357-18-001 LEGEND:
W LQTS Ado B/ o
8 12,960 S.F. O
o m 0.30 ACRES i 16
z ° PROPOSED ANNEXATION
Q
A /B — EXISTING ANNEXATION
O
EAS� — — — — CITY LIMITS
135.00'
yJesyry
J0��2 Q •
20'
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED LOMITA 94-09
DATE: DEC
BY:CITY 1O9F9 4 SCALE: 1"=60'
RIDN, K REVSED:
CUPERTIN
r t •
•
OLD REPUBLIC TITLE COMPANY
III * 4L * 1900 THE ALAMEDA • SAN JOSE, CALIFORNIA • 95126 • (408) 296-4500
PRELIMINARY REPORT
Issued for the sole use of: Our Order No. 414407
Bruce and Barbara Hellesoe Reference
P.O. Box 74u
Shingle Springs, California 95682
When Replying Please Contact:
Property Address: 21760 Lomita Avenue, Cupertino, California
In response to the above referenced application for a policy of title insurance, Old Republic Title 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 below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule
I (continued) attached. Copies of the Policy forms should be read. They are available from the office which issued this
report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of October 14th , 19 94 , at 7:30 A.M.
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage — 1990, Loan Policy. A specific request should be made if another
form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
-- SEE EXHIBIT 'A' ATTACHED --
Page 1 of 5 Pages
OLD REPUBLIC TITLE
ORDER NO. 414407
EXHIBIT 'A'
Title to said estate or interest at the date herecf iT vcrted in:
CHARLES W. HOUSER and ANN HOUSER, Trustees of the Houser Family Living Trust
dated 5/8/91, as the separate property of Ann Houser, as to an undivided
one-hald (1/2) interest and BRUCE N. HELLESOE, to an undivided one half (1/2)
interest, as tenants in common
Page 2 of 5 Pages
ORT 3157-E
OLD REPUBLIC TITLE
ORDER NO. 414407
The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated
State of California, and is described as follows: area,
LOT B, BLOCK 9, as delineated upon that certain Map entitled "Map of
Resubdivision of Subdivision No. 1, Monte Vista", filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on April
llth, 1917 in Book P of Maps, at Page 24
357-18-001
63079
PH/TR/mr
A357-18-xOl
NI
Page 3 of 5 Pages
nPT 4t97.r
OLD REPUBLIC TITLE
ORDER NO. 414407
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes for the fiscal year 1994-95: A Lien, but not yet due or payable
Bill No. : 357-18-001 Code No. : 63079
First Installment $240.19
Second Installment $240.19
The above installments include a property tax exemption of none
(Also With Other Property)
2. Taxes for the fiscal year 1994-95: A Lien, but not yet due or payable
Bill No. : 357-18-001-99 Code No. : 63079
First Installment $105.00
Second Installment $105.00
The above installments include a property tax exemption of none
(Also With Other Property)
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, et seq. , of the Revenue and Taxation Code of the State of
California.
4. That a Certification of Trustee be furnished in accordance with Probate Code
Section 18100.5.
5. Any community property interest of a spouse of Bruce N. Hellesoe.
-------------------- Informational Notes --------------------
1. The last recorded instrument(s) conveying record title to the premises
is/are:
A deed executed by Beth E. Hellesoe to Beth E. Hellesoe, Trustee, or her
successor(s) , of the Beth E. Hellesoe Declaration of Trust dated January 13,
1990, recorded February 16th, 1990 in Book L261 of official Records, Page 2226
That certain Affidavit-Death of Trustee, recorded February 25, 1993 in Book M642
of Official Records, page 1211.
A deed executed by Bruce N. Hellesoe, et ual to Charles W. Houser and Ann
Houser, Trustees of the Houser Family Living Trust dated 5/8/91, as the separate
property of Ann Houser, as to an undivided one-hald (1/2) interest and Bruce N.
Hellesoe, a married man, as his separate property, as to an undivided one half
(1/2) interest, as tenants in common, recorded February 25th, 1993 in Book M642
of Official Records, Page 1215
The last conveyance affecting said land recorded within the last two years,
prior to the date of this Report are: See Above
Page 4 of 5 Pages
OLD REPUBLIC TITLE
ORDER NO. 414407
2. Please obtain a Statement of Information from Bruce N. Bellesoe, in order to
determine marital status. If married, the name of the spouse must be run to
complete this report.
3. The mailing address of the vestee as shown in the records is: 7512 Waterford
Drive, Cupertino, Ca. 95014-5234
Page 5 of 5 Pages
l VT I r,7_V
! OFFICE OF CWNTY ASSESSOR - SANTA CLARA -COLPNYT, CALIFORNIA BOOR F♦6C
57 18
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RESUBDIVISION N= I - TOWN OF MONTA VISTA
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AVENUE
19 21
SCHEDULE 1 (Continued)
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the
the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy; or(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970(Rev. 1992)
WITH A.L.TA ENDORSEMENT FORM 1 COVERAGE
SCI='JLi G. C:CLUSIOf:^, FROM COVERAGE
SCHEDULE 1
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY- 1990
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; 00 the character, dimensions
or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions of
or area of the land or any parcel of which the land is or was a part; or IN) environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any govemmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) ct knesrn to the Ccmpan;, net r^_cerdcd i� the public records at Date of Policy, but knoi�n to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
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.
SCHEDULE 1 (Continued)
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceabiliy of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
00 the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
la) to timely record the instrument of transier, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TINE INSURANCE POLICY- 1987
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or govemnient regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date.
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry
of parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions
in patents or in acts authorizing the issuance thereof.
ORT 3157-H (Rev 10-17-92)
i r
OLD REPUBLIC TITLE COMPANY
1900 THE ALAMEDA • SAN JOSE,CALIFORNIA • 95126 • (408) 296-4500
PRELIMINARY REPORT update
Issued for the sole use of: Our Order No. 379387-1
Chuck/Ann Houser/Bruce Hellesoe Reference
P.G. Box 740
Shingle Springs, California 95682
When Replying Please Contact:
Property Address: 21760 Lomita Avenue, Cupertino, California
In response to the above referenced application for a policy of title insurance, Old Republic Title 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 below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said policy fors.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule
I (continued) attached. Copies of the Policy fors should be read. They are :available from the office which issued this
report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of October 14th , 19 94 ,at 7:30 A.M.
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage - 1990, Loan Policy. A specific request should be made if another
form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
-- SEE EXHIBIT 'A' ATTACHED --
Page l of 5 Pages
ORT 3157-A(Rev. 1/1/93)
OLD REPUBLIC TITLE
ORDER NO. 379387-1
update
EXHIBIT 'A'
Title to said estate or interest at the date hereof is vested in:
CHARLES W. HOUSER and ANN HOUSER, Trustees of the Houser Family Living Trust
dated 5/8/91, as the separate property of Ann Houser$ as to an undivided
one—hald (1/2 ) interest and HRUCE N. HELLESOE, to an undivided one half (1/2)
interest, as tenants in common
Page 2 of 5 Pages
ORT 3157-E
OLD REPUBLIC TITLE
ORDER NO. 379367-1
update
The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated
Stale of California, and is described as follows: area,
LOT A, BLOCK 9, as delineated upon that certain Map entitled "Map of
Resubdivision of Subdivision No. 1, Monte Vista", filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on April
llth, 1917 in Book P of Maps, at Page 24
357-18-x001
63079
CM/TR/mr
A357-18-x01
NI
Page 3 of 5 Pages
ORT 3157-C
OLD REPUBLIC TITLE
ORDER NO. 379387-1
update
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes for the fiscal year 1994-95: A Lien, but not yet due or payable
Bill No. : 357-18-001 Code No. : 63079
First Installment $240.19
Second Installment $240.19
The above installments include a property tax exemption of NONE.
(with other property)
2. Taxes for the fiscal year 1994-95: A Lien, but not yet due or payable
Bill No. : 357-18-001-99 Code No. : 63079
First Installment $105.00
Second Installment $105.00
The above installments include a property tax exemption of NONE.
(with other property)
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, et seq. , of the Revenue and Taxation Code of the State of
California.
4. That a Certification of Trustee be furnished in accordance with Probate Code
Section 18100.5.
5. Any community property interest of a spouse of Bruce N. Hellesoe.
-------------------- Informational Notes --------------------
1. Taxes, general and Special, for the fiscal year 1992 & 1993 as follows:
Assessor's Parcel No. : 357-18-001 Code No. : 63079
1st Installment :$271.72 Marked Paid
2nd Installment :$271.72 Marked Paid
Exemption :$7,000.00
2. The last recorded instrument(s) conveying record title to the premises
is/are:
A deed executed by Beth E. Hellesoe to Beth E. Hellesoe, Trustee, or her
successor(s) , of the Beth E. Hellesoe Declaration of Trust dated January 13,
1990, recorded February 16th, 1990 in Book L261 of Official Records, Page 2226
L- Page 4 of 5 Pages
ORT 3157-D
OLD REPUBLIC TITLE
ORDER NO. 379387-1
update
That certain Affidavit-Death of Trustee, recorded February 25, 1993 in Book M642
of Official Records, page 1211.
A deed executed by Bruce N. Hellesoe, et ual to Charles W. Houser and Ann
Houser, Trustees of the Houser Family Living Trust dated 5/8/91, as the separate
property of Ann Houser, as to an undivided one-half (1/2) interest and Bruce N.
Hellesoe, a married man, as his separate property, as to an undivided one half
(1/2) interest, as tenants in common, recorded February 25th, 1993 in Book M642
of Official Records, Page 1215
The last conveyance affecting said land recorded within the last two years,
prior to the date of this Report are: See Above
J. Please obtain a 56a[eMent of Information from Bruce N. Bellesue, in order to
determine marital status. If married, the name of the spouse must be run to
complete this report.
4. The mailing address of the vestee as shown in the records is:7512 Waterford
Drive, Cupertino, Ca. 95014
Page 5 of 5 Pages
ORT 3157-E
F OFFICE OF COUNTY ASSESSOR - SANTA CLARA COUNTY, CALIFORNIA
ROOK PAGE
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SCHEDULE 1
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1990
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter erected on the land;(III)a separation in ownership or a change in the dimensions of
or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) as Any
lieneoraencuice mbrancer not excluded resulting from ay violation or alleged iolation extent
affecting the land the
has beenexercise
recorded ir a notice of
n the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not kno:en to the Ccmpan„ not recorded in the public records at Date of Policy, but l:no .,n to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which
the land is situated.
S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
In addition to the Exclusions,you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect , lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
ORT 3157-F(Rev 10-17-92) ( Continued on next page)
SCHEDULE 1 (Continued)
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the
the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; W resulting in no loss or damage to the insured
claimant;(d) attaching or created subsequent to Date of Policy; or(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970(Rev. 1992)
WITH ALTA ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating
or prohibiting the occupancy,use or enjoyment of land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encurnbiances, adverse claims, of othei matters (a) created, suffered, assumed or agreed to by the insured claimant-
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at
the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;W resulting in
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is
afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner
of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated.
5. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(if) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WrM ALTA ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (if) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
( Continued on next page )
ORT 3157-G (Rev 10-17-92)
SCHEDULE 1 (Continued)
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at date of Policy); or
(e) resultingg in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION
RESIDEN IAL TITLE INSURANCE POLICY- 1987
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date.
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry
of parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However,this does not limit the affirmative coverage in Item 8 of covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions
in patents or in acts authorizing the issuance thereof.
ORT 3157-H (Rev 10-17-92)
CILy or Cuprri :uo -
NP;(:A'I'IVI': DE.CLARATIDN•'
May 21 . 1984
An provided by till- P.6virooue•alal Assys:mu'ui Vroredure, adopted by the CIIV
Council of the City of C"porl ion on M:urh 77, 1971, a, amended , the fnllowinl;
descr [lied pro (.1.1 was graoled a Nogal Ive Ilrelaral iou by Iho City Council of
the City of Collett [no on May 21 , 1984 .
I•n• jrrl Ik•rrr ipl ion and 1,10I':11 loll
AVpI iral imm 4-1':A-84 Appl Iraol : City of Coprrl iuo (nId Noola Vir.la area)
Loral lull: CeoeratIv bounded by Craaada Avenue I Ihl-
aorth, Imperial Avenoe la the vast .
Nl.CIvI Ian [load Io 1he soul II and by the
wrslol ly bnmldnr•y of the Blackberry
Farm Coll Course (0 111e went .
I1L:rrel louary ArI Inn Itrgnr:a : PI'vZool• :nld n•rom•
approximately 97 arrPm wilhln the Did Monlo Vista
area to I0 -11 (Itesidentinl Stnglu-fam[ ly) , PI -7.5)
(Residi•olfal singiv-famllv) . P ,(('laaned Development,
wlLII a ltesideal 01 4 .4-12 dwellNng nniis per Bros
avrv) , P (I11mau•d Developnm•ul with a Rr::ideul !at
4 .4-7 .7 dwelling units per gr"mn nrrr) , P (Pl:nmrd
Dt.-Velopnu•ul will) Light Industrial :Ind Renideullal ) ,
11 (I•lnoned h.•velopmonl Willi Ay.rlrullurr/Retreat Iona[ ) .
:ul.l Ill) (VIII'lir Ilo[ Idiug) zonlag dislrirla.
I°iudingr; of Ileristonnlnkinl; ISudy
The (,.fly Council 1;ranl4-d :1 Ni-gal ive Due Lars[ ion since Ihr pro)rrl 1:: rellsi stvill
with the CulleI*;II Plan :Ind has nu sign II IvaoI envIroamu•nl ;II Imparts.
--...•s ._II..._
x _
Slsk
I11:on11ng Dirrclor
This is to certify that the above Negative Declaration was riled
In the office of the City Clerk of the City of Cupertino on May
22, 1904.
eputy City Clerk
Initial Study _
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4-EA-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.
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 LX Tentative Map U Other
Use Permit h Variance
Old onta Vista Area generally bounces y ranaca-Ave ue to tlie'nor T'"fmperial
Location Avenue to the east, McClellan Road to the se th and by the westerly boundary of
the Blackberry Farm Gott nurse to the west .-
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 Project site contains approximately
97 acres.
Rev.7/8/80
Description of Project (cont 'd. )
Soecific Details of the Project
1. Size of Site ry/A
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule:
Owner— No. of Size Estimated Total
Rental ship Bedrooms Sq. ft. Sales Price ( Number
Unit type O1
Unit type 02
Unit type #3
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
Ouestions Related to Potential Impact of Project
A. Social/Cultural Impacts : Yes Havbe 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 10Z 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 an 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. 2re
DateMM 4 2 f-f4 /(Signatu )
For lit r�PjF LCIPEl��1tin
(1 ) The project site is comprised of exLsting urban development including a
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 ontiticu. The recreatinn complex is located in the
100-year event flood plan f.nr Stevens Creek.
(2) Tile project area is bordered by the Old Monta 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 .
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) 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) Wi11 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
(8) Will 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—
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,
diseolved oxygen or turbidity? X
Yes Mavbe No
(d) U teration 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?
(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 propcsed prciecc 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
1
(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? a
Discussion of Environmental Evaluation
(Noce: Use additional sheets if necessary.)
Determination:
On the basis of this initial evaluation, the Environmental Review Committee finds:
,_1 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.
F_i That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date f� 4,ZY, �..
gia an, Environmental Rev'iieewCommittee
For