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89,325 Annexation 95-02 Wei Luh Chu �89,325 ANNEXATION 95-02 , Orange Avenue Wei Luh Chu I h 1 CITY OF CUPERTINO • REST • • No.. 87225 • DATE • RECEIVED //n/, �� /_/ ' • FROM C ADDRESS CASH CH ONEY • // 0R0E" DDLLARS GEMS • rwI •RECEIVED C 61O • • KID CNUM'N D,beFffi SYSIEAS-1(51%Gb}F>5✓ • ; l WEI LUH CHU Cash )ti1a it i e" PO BOX 28595 (408) 993-2299 _ SAN JOSE, CA 95159 PAY TO ORDER OFE G,�R�� I $ /':96�-jnL Bank of America"' 4 Cu V.0 Branch 0681 P.D. Box 339 Cupenino, CA 95015 FOR 1: L 2 1000 3 581:0 L L8-068 L 51110 L 48 3ii' 11-35/1210 833 YING TIAN TANG PO BOX 28595 (408) 993-2299 SAN JOSE. CA 95159 19 lee— PAY TO THE L� Tz e-0 ORDER OF DOLLARS Rm1 F. U�Bank of America h Fe,era,Kn os�s e90i Stevens Geek Ooularx] 4§§ i aanu Clara. &5050 408) 2 1000 581:08 3 3-0 5 7 591110 2 280111 I LUH CHU Cash Ma ' errs 120 PO B 595 (408) 993-2299 SAN JOSE' 95159 TO THE OO R F O / �TLL Li3 - SSra DOLLARS Bank of er Cu enino Bra P.8 Box 33 CupMino ( 015 1: 1 2 10 0 3 581:0 L 20-0238 1 51ar0 L 4 :� t � • RESOLUTION NO. 9451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE AVENUE 95-0211 , APPROXIMATELY 0.18 ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN AVENUE AND SAN FERNANDO AVENUE; CHU/TANG (APN 357-14-097) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.18 acre on the west side of Orange Avenue (APN 357-15-097) has been filed by property owners Wei Luh Chu and Ying Tian Tang; and WHEREAS, on September 5, 1995,the City Council adopted resolution No. 9413 initiating proceedings for annexation of the area designated "Orange Avenue 95-02; 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. 9451 Page 2 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Orange Avenue 95-02", 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 0.18 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 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 95-02 JULY 1995 All that certain real property situate in the County of Santa Clara , State of California , more particularly described as follows : Portion of Lot 113 , as shown upon that certain Map entitled . "Map of Subdivision 'A' Monta Vista" . which Map was filed for record in the Office of the Recorder of the County of Santa Clara . State of California on April 11 , 1917 in Volume P of Maps, at Page 20 , and more particularly described as follows : Beginning at the point of intersection of the westerly line of Orange Avenue with the northerly line of San Fernando Avenue, running thence along the westerly line of said Orange Avenue, NORTH 78 . 42 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "Orange Avenue 94-07" : Thence leaving the westerly line of said Orange Avenue and running along the said annexation "Orange Avenue 94-07" WEST 100 . 15 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando Avenue 81-4 " ; Thence along the said annexation "San Fernando Avenue 81-4" SOUTH 78 . 42 feet to a point being along the northerly line of San Fernando Avenue ; Thence EAST 100 . 15 feet along said northerly line of San Fernando Avenue to the Point of Beginning . Containing : 7, 854 square feet , more or less . 0 . 18 acres, more or less . A.P .N. : 357-15-097 Resolution No. 9451 Page 3 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 2nd day of October, 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/ Roberta Wolfe s Wally Dean Deputy City Clerk Mayor, City of Cupertino rew1ufi/m9451.doc 3 ALMADEN AYE ALMADEN AVENUE N OLIVE WE. w srm a 40.00 r N o Al- _ O aLCAT�&A AVE. LL ,� EXlsriNb AN NExwTt0N oCoK s a • O v Q y oRAJ eAE AVENUE a4-o'l VICINITY MAP v I WEST NOT TO SOLE 100.15' AF'N 35'7-15-047 SCALE I =100, LOT 113 i+ 7654 SR.Fr. QROfESSlp,yq 0. 19 A.cRES Q4° hoen.N, CF2 100.16 R m SaN FERNANDO AVE. P.0.a. 4 25538 \J,r CIVIV �p EXI5TING ANNEYATION a� cauF��� r-x P 1'�sl/q� "SM FI=RNANDO AVE 0I -4 " LEGEND: EXHIBIT B BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNLWOON TO T11E UTY OF CUPERTINO — — — = BOUNRARY LINE OF ENTITLED ORA46E AVE. q5 -02 EKI5nhc. ANNEXATION DATE: DULY, 1445 5l,6J..E: �"= roo` ————— — = FMSTING CITY LIMITS f5Y: -J G . JAME5 C. CH1=N, C.EvS.E. po'gOX '2oj02 SAP JOSS,CA,95160 RESOLUTION NO. 9413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "ORANGE AVENUE 95-02", PROPERTY LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN AVENUE AND SAN FERNANDO AVENUE; APPROXIMATELY 0.18 ACRE, CHU/TANG (APN 357-15-097) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Orange Avenue 95-02" from property owners, Wei Luh Chu and Ying Tian Tang; and WHEREAS, the property, 0.18±acre on the west side of Orange Avenue between Almaden Avenue and San Fernando Avenue (APN 357-15-097) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on June 4, 1984, to City of Cupertino R1-7.5 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and RESOLUTION NO. 9413 WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; 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; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Orange Avenue 95-02" at their regular meeting of October 2, 1995. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of September, 1995 by the following vote: Y= Mew4fShyCiLyCouncil AYES: Bautist, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Wally Dean City Clerk Mayor, City of Cupertino reso luti/res9413.doc 2 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 95-02 JULY 1995 All that certain real property situate in the County of Santa Clara . State of California, more particularly described as follows : Portion of Lot 113 . as shown upon that certain Map entitled . "Map of Subdivision 'A' Monta Vista" . which Map was filed for record in the Office of the Recorder of the County of Santa Clara . State of California on April 11 , 1917 in volume P of Maps, at Page 20 . and more particularly described as follows ; Beginning at the point of intersection of the westerly line of Orange Avenue with the northerly line of San Fernando Avenue, running thence along the westerly line of said Orange Avenue . NORTH 78 . 42 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "Orange Avenue 94-07" : Thence leaving the westerly line of said Orange Avenue and running along the said annexation "Orange Avenue 94-07" WEST 100 . 15 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando Avenue 81-4" ; Thence along the said annexation "San Fernando Avenue 81-4" SOUTH 78 . 42 feet to a point being along the northerly line of San Fernando Avenue ; Thence EAST 100 . 15 feet along said northerly line of San Fernando Avenue to the Point of Beginning . Containing : 7 . 854 square feet , more or less . 0 . 18 acres, more or less . A.P .N. : 357-15-097 ,uxavEW AYF ALMADEN AVtWLIE N oLIVELVE. QAw SfTE rl 40.00 r Na W AL44Tnat A� . 0 0 .'1' EXISTING ANNEXATION oLoR 5 A • O e �; OKAMAE /.VENUE RA-6-1 v I VICINITY MAP WEST NOT TO SCALE I Do.15, APN 35'7-15-Oq-7 SCALE 1"=100 +f /�/ LOT 113 45.00 -7 54 SQ. yq f. QRpfESSIp ! cti o 0. 16 ACRES o F SaN FERNANDO AVE. F. 0.6. 4 25538 \J, CIVIL ECISTING ANNEXATION of cP.1\E��` P 1��s1�gi "SAN FERNANDO AVE 0I -4 " LEGEND- EXHIBIT B BOUNDARZ ( LINE OF PROP06ED ANNEXATION PRAPOSED ANNEXWQON To MIE UTY OF GUPERTINO = BOUNDARY LINE OF ENTITLED ORANbE AVE. q5 -o2 EKISTING ANNE)lAT10N DATE: JULY, 14g5 64, L-E : I"= lo0' -- --- - = EXSTING CITY LIMITS JAMES C. CRFN. CFvS.E. PO.Box 203o2 SAP 40E,(A35160 County of Santa Clara o u yT Environmental Resources agency Building Inspection/Land Developrnent Engineering and Surveving County Government Center, East Wing 70 West Hedding Street. 7th Floor San Jose. California 951 10 'YTA CVO Bldg. Inspec. (408)299-2351 Land Devel. 299-2871 FAX 2 79-8537 August 7, 1995 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 The attached map and description dated July, 1995 of territory proposed for annexation to the City of Cupertino entitled ORANGE AVENUE 95-02 is in accordance with Government Code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. m64V ,D �a4z5e Martin D. Marcott Countv Surveyor Attachment cc: LAFCO Executive Officer (w/attachment) Board of Supervtstxs:Michael M. Honda, Blanca Alvarado. Ron Gonzales. James T. Beall Jr.. Dianne McKenna County Executive: Richard' ittenberg woo "EXHIBIT N' ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 95-02 JULY 1995 All that certain real property situate in the County of Santa Clara , State of California, more particularly described as follows: Portion of Lot 113 . as shown upon that certain Map entitled, "Map of Subdivision 'A' Monta Vista" , which Map was filed for record in the Office of the Recorder of the County of Santa Clara . State of California on April 11 , 1917 in Volume P of Maps, at Page 20 , and more particularly described as follows : Beginning at the point of intersection of the westerly line of Orange Avenue with the northerly line of San Fernando Avenue, running thence along the westerly line of said Orange Avenue, NORTH 78 . 42 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "Orange Avenue 94-07" ; Thence leaving the westerly line of said Orange Avenue and running along the said annexation "Orange Avenue 94-07" WEST 100 . 15 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando Avenue 81-4 " ; Thence along the said annexation "San Fernando Avenue 81-4" SOUTH 78 . 42 feet to a point being along the northerly line of San Fernando Avenue; Thence EAST 100 . 15 feet along said northerly line of San Fernando Avenue to the Point of Beginning. Containing : 7 . 854 square feet, more or less . 0 . 18 acres, more or less. A.P .N. : 357-15-097 ,LEI AYE I$ N ALMA PEN AVtWLIE N uj OLIVE ae. 3 40.00' Lar N �° I ° � O m Atcaa AV E. 0 0 Ap ry EXISTINb ANNEXATION o[nR Av O Q y OK&WE /.VENUE a4-ol Q I VECINITY MAP vI WEST A?N 7-15-047 to NOT T SCALE 100� SCALE 1°QI00 LOT I 113 45.00 `.,Q.FT. QROFESSIpyq� j/ � m o o. 16 ACRES -00.15 SaN "NA NDO AVE. P.0.a. 4 25538 A \J, Clv IV `gyp EYISTING ANNEXATION e�A��Eo% P h�sl/qi "SM FGRNAND0 AVE 81 -4 " LEGEND: EXHIBIT B BOUNDARY LINE OF PROPO-SED ANNEXATION PROPOSED MNEYW1ION TO THE CITY OF CUPERTINO — — — = BOUNDARY LINE OF ENTITLED ORANdE AVE. G5 -02 E45TING ANNEXATION oATE: JULY, 14A5 SI,cUE : I"= loo' -- --- - = EXSTING CITY LIMITS MY, .J.C . JAME5 C. CHEN I GF-,,S.E. PO Box 20302 I fAll JOSS,L4.9 S I60 City of Cupertino (408) 7 7 7-3 3 5 4 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERIZ= 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: Orange Avenue 95-02 and consists of: X aeon to City of Cupertino xxx cfx= (name City/District) of .18 (number of) acres on the W (n/s/e/w) side of Orange Avenue (Street/Avenue) between Almaden Avenue (Street/Avenue) and San Fernando 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) included in the proposal, marked Exhibit A, and a map of said territory(ies) , marked Exhibit B, are attached to this petition and by this reference incorporated herein. 4. The territory to be organized/reorganized is: inhabited. ("inhabited" = 12 or more registered voters) uninhabited. 5. This proposal x is consistent with the Sphere of Influence is not of the affected city and district(s) . 6. The reasons(s) for the proposed annexation (annexation, detachment, reorganization, etc.) is/are: To procure City services. i 9, 7;; 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: NYA 8. The person(s) signing this petition has/have signed as (check one) : cwner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned prcpcnent(s) x 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 PE=CNERS (not to exceed three) Signatures of Petitioners (Please print) Assessor's Election name below Street Address Parcel or Precinct // Late sianature) � City/State/Zip No. No. �.a lide Phone: (4A fig--!:M--!M CafFizg 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 SUPPLFMFSIML APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization (annexation or 4etacYm:ent) 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: Orange Avenue 95-02 Annexation ) Ratacbmwit ) to/from City of Cupertino (City or Spec. District) EN=NMENTAL STATUS OF PROPOSAL x 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 6/4/84 and in compliance with =A, has: (date) determined that the annexation is categorically exempt from provisions of CEQA pursuant to Cal.Adm.Code Sec. (cite class exemption section) . x completed an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. completed a Final EIR for the annexation, a copy of which is attached to this application. _ City of Cupertino City Council is to be Lead Agency for the environmental review of the project and the completed Environmental Information Form required by Planning staff is attached to this application. (Planning staff phone: (408) 252-4505.) Proposal is categorically exempt from provisions of CEQA pursuant to Cal. Ache. Code Sec. because C-IARACMRISTICS OF THE AREA 1. Number of acres . 18 2. Number of inhabitants 4 3. Number of registered voters 0 4. Number of dwelling units 1 5. a. What is the present use of the area (be brief, but specific) : Single Family House b. Indicate the parcel numbers of those parcels, if any, which are under contract under provisions of the Williamson Act: C. What steps, if any, have been taken or are proposed to be taken to release the above parcel(s) from the contract? 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area (Note: Prezoning is a filing req=ement for city annexations) : Single Residence R/ - 7. 5 b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES_ NO X If YES, indicate the new zoning which will be sought. 7. For City or district annexations, describe the development being proposed for the territory, if any, and when this development is expected to begin. October 1995 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES X No If NO, please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: Suppl. Appl. -2- 0 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES_ NO--K_ 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. Noes the proponent request waiver of restriction against creation of an island? YES NO If YFS, explain why creation of an island is justified. SERVICES 10. Is the territory proposed for annexation/detactmient/reoignization in the City or District's urban service area: YES x NO 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES_ NO x If YES, what arrangements will be made to provide sewage disposal? 12. Will the extension of sewerage and/or water services or the construc- tion of any public improvements to the affected territory be 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/imprcvement: 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 Cade Book for this information) : Cupertino Elem. Sch District Cupertino Sanitary District Fremont Union High Sch District Mid-Paninanla n o cnar.o District Foothill Community College District IANDMEPS AND REGISTERED VOMRS 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% prcperty-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 Wei Luh Chu 406 S. Bascom 993-22g9 -197-15-097 $8 ,413 . 00 Yinq Tian Tan q San Jose (I£ additional space required, continue list on separate sheet & attach.) * ,Cwner 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 Ccum pity Development's Report and mailed Notice of Hearing (in addition to the Cler),/Administratcr of each affected city or district) Street Address Nam City/State/Zip (1) (2) (3) 16. I hereby certify that all IAFCO filing requirements will be met and that the statements made in this application are to the rest of my knowledge accurate. Bert Viskovich 10300 Torre Avenue (print name 9f persorL complete- Cupertino, CA 95014 ing s (Address) r3 q (Signs e ( ) NOTE: It is a general IAFCO filing requirement that a copy of this application be filed with each school district shown on question 113 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 require-ment has been met. CEfd'IFICATE OF CITY CLERK (Required for 100% Consent Proposal) I CEIZPIFSt that I have checked the nos of owners of property located within the annexition/detad ment/reorganization proposed by this application and that the _ (number) signatures above represent all of the owners of property included in this proposal. I FUFaHM CERTIFY 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/detacbment/reor- ganization who do not consent to this proposal should be listed by name, address, parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less-than-100%-consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet & attach.) C. FOR NOT-100% CONSE"r 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- AQWE►1 AYE. ALMADEN AVENLIE N &M. W 9TE y � 3 N �,a I W o � � �'�°° o .cr A�7 av E. h�J,b0 o L xr ,q EXISTIKA ANWEXATION o�nR 5 A O Q ORA)-AE AVENUE g4-0"1 Q VICINITY MAP v I ! \ 6T NOT To SCALE I I oO.I5' APN 35-7-15-0q7 SCALE : "=100' / LOT I I3 45.00 t iv �854 sQ.Ff. Q\ypFESS10AI ip O. 18 ACRES to F\ t- V� 000eh-Ns4,o c, A SaN FERNANDO AME. P.0.a. 4 25538 CI VIL 1 �St � El15TING ANNEXATION A\Of CP.UF-! "GM FERNANDO AVE 01 -4 " LEGEND: EXHIBIT B = BOUNDARY LINE OF PROP05ED ANNEXATION PRDP05FD ANNEXATION TO 711E UTY OF C-UPERTIND — — — = BOUNDARY LINE OF ENTITLED OKANbE AVE. G5 -02 EKISTING ANNEXATION DATE: JULY, Igg5 646J-E : 1"= loo` —————— = E_)aSTING UTY LIMITS 5Y: -I e . JAME5 C. CR Nj CEvS.E. BoX Aojo2 SAN WJ0*,JoSE,C4.q S I60 0 0 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 95-02 JULY 1995 All that certain real property situate in the County of Santa Clara , State of California . more particularly described as follows : Portion of Lot 113 , as shown upon that certain Map entitled . "Map of Subdivision ' A' Monta Vista which Map was filed for record in the Office of the Recorder of the County of Santa Clara . State of California on April 11 , 1917 in Volume P of Maps, at Page 20 , and more particularly described as follows ; Beginning at the point of intersection of the westerly line of Orange Avenue with the northerly line of San Fernando Avenue , running thence along the westerly line of said Orange Avenue . NORTH 78 . 42 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "Orange Avenue 94-07" : Thence leaving the westerly line of said Orange Avenue and running along the said annexation "Orange Avenue 94-07" WEST 100 . 15 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando Avenue 81-4" ; Thence along the said annexation "San Fernando Avenue 81-4" SOUTH 78 . 42 feet to a point being along the northerly line of San Fernando Avenue; Thence EAST 100 . 15 feet along said northerly line of San Fernando Avenue to the Point of Beginning . Containing : 7 . 854 square feet , more or less . 0 . 18 acres, more or less . A.P .N. : 357-15-097 C! L,y of Cfipt•rI infi NEGATIVE NP.CLARATInN- May 21 . 193/1 As provided by Ihr I{tivirofinteulal Awws::nn•nl Prilt-rdnre , :Idnplyd by Ibt• Cilv Cnnncil nr city or t:upert inu fill Mol '.11 77, P)71, n:: :untndrd , llu• 1"9011114tnl: Ih-st•ribvil pl'11jrt•1 was gramled n Nvivit Ivv Ihv• laral ion by the City Cnnncil of lite CiLy or Cfiprrl inn on May 71 , 1984 . 1't'n.jrva Ile::r t.ipl i,ut-_+nd Lnr_tl_Inu Al,l+i ii-ni inn 4-I•:A-114 Appl It-mil City nl Cfiporl iuu (tlld Mullin Vi::ln area) . Lm-:tt loll: General I bunnded by Crnmml;i Avt•nur In Ihr mirth, Imperial Avt•ume In Iht• v.mL . Mrl:lollan Road Ill the ::oulil and by life wr::It•t iy brtnndar•y fir the Itlmckberry F.trnt Coll- C(Iurm. in life we:;l . 1) i:a rt•l inm:u•v Arl inn Itryme::l : 1'rt•runt :mid r+••rnfir nppraxi.tttaleiv 97 avre:; within the Nld Mullin Vi:;ta aeon to Itl-11 (Itt:aldtnllal Sitt{:lLt-tamlly) • P1 -7.5 (HOSId(•Itl Lal Siogio-rautlly) , P ..(I'Innned Devoinputrnl. wlLIl n ReSi+lt•111 i:ll 4 .4-12 dwt•1l"1nl; mills per gross (Phlillit•d Ilrv+•InPnu•ttt Willi a 11o:;id+•nl i:ll 4 .4-7.7 (iwt•Iiln{. mills ptr l;ros:: arre) , 1' (I'I:uuu•d Ilovt•iopinrol w! Ih 1.1)tl+l lndmslrlal and Rcsidtnilal) , 1' (I'Imnnttl b,•vtl+gnnrnl Willi A{:rlrnllmt/Ittrrt•at funal) , :ntd 111) (I'ul.lit• Ituilding) zm1111P. 11 lit Irirl:t. Virtdillg!; ill' Itorimifinm:lkint'_ ISud•y 'file City Cnnncil l:eau Led n Negative Dvvhlral it'll ninre till- pen jtrl In c+.n::iml till with the Central 1'1:111 and Itn:: ,it xilPtll It-mil emvirnnmonl.nl iu+pavis. •--...—_. ._- -T... _rid /!`-�._ .laux•S II. ti I xh I'I:nutini; I)irrri nr This In to certify that the above Negative Declaration was riled In the orrice or the City Clerk or the City or Cupertino on May 22 , 19811 . / eputy City Clerk e q1 3.2 Initial Study _. City of Cupertino Environmental Assessment Procedures E. A. File Number(s) 4-HA-H4 Application File Number(s) 1-Z-84 Date February 27 , 1984 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their potential impact on the environment. �. This worksheetis 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 X Tentative Map Other Use Permit Variance 0. e MuoLa Vista Area generaiiy bounded by Urani a venue to thenir T'"Imperial Location Avenue to the east, McClellan Road to the sc .ch and by the westerly boundary of the acKUerry non a nurse Cu a wes ' . Applicant City or. 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 nroiert site contains approximately _97 acres. Rev.7/8/80 Description of Project (cc nt 'd. ) Specific Details of the Project I. Size of Site N/A 2. Intensity of Development (a) If residential: (1) Number of units per gross acre (2) Residential Unit Schedule : Owner— No. of Size Estimated Total Rental ship Bedrooms Sq. ft. Sales Price ( Number Unit type D1 Unit type 02 Unit type U3 Unit type #4 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 Oues_ions Related to Potential Imoact of Protect 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? j X (4) Will the construction and/or operation of the project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? X (S) Will the project result in a change in stream or ground water quality or quantity or altera- tion of existing drainage patterns? X (6) Will the project substantially change existing noise or vibration levels in the vicinity? X (7) Is the project site on filled land or on slope of 107. 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 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. Date �]f1R.Li-4 2 e 5/ J4 (Signature) For Gt-r�-/ z5T 6-C1Pd941tic (1) The project site is comprised or existing urban development including n acre go1.r course and picnic ground recreation complex. 'rhe 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 r.or Stevens Creek. (2) Tlie. project area is bordered by the old Monti Vista Commercial. District to the north, by the West Valley Industrial Park to the east and by single-family residential neighborhoods to the south and west . Port I I Information to 6e completed 6y City Officiols. A. Prima rj General Plan Considerations : Yes Mavbe No (1) Is the project in violation of the City of Cupertino 's adopted General Plan? (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 (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 , diaeolved oxygen or turbidity? 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? q 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 an 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 , diaeolved oxygen or turbidity? X Yes Macbe ,70 (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? (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 Havbe No (8) Will the proposed project involve the use, storage, or disposal of hazardous materials? X (9) Will the proposed project result in : (a) Use of substancial amounts of fuel or energy? X (b) Substantial increase in demand upon existing sources of energy, or .require the development of neu sources of energy? X (10) Will the proposed prcjeut 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 syscems? 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? (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? (11) Mandatory Findings of Significance: (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species , cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal ,or eliminate important examples of the major periods of California history or prehistory? X (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure into the future.) X 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 an human beings, either directly or indirectly? X Discussion of Environmental Evaluation 1 (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 on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date ( Z�� / an, Environmental Review �Committee Fo Schedule A Premium $ 900.80 File No. 418935 Policy No. FTY 146696 Date of Policy June 16th, 1995 at 8:00 a.m. Amount of Insurance $ 285,000.00 1. Name of Insured: WEI—LUH CHU and TSAI LAN CEU # it * # 2. The estate or interest in the land which is covered by this policy is: * #* a FEE. 3. Title to the estate or interest in the land is vested in: WEI—LUH CHU and TSAI LAN CHU, husband and wife, as Community Property Schedule B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 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. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Continued CLTA Standard Coverage 1990 This p-3licy valid only S Schedule B - Part II is attached FTGi51301A L • P4Wy No. FTY 146696 a Schedule B (Continued) PART 11 - 1. Taxes, general and Special, for the fiscal year 1995 - 1996 a lien, but not yet due or payable. 2. 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. 3. Rights of the public, County and/or City, in and to that portion of said land lying within the lines of San Fernando Avenue. 4. Deed of Trust to secure an indebtedness of S 228,000.00 Trustor Wei Luh Chu and Tsai Lan Chu, husband and wife Trustee Old Republic Title Co. Beneficiary HCL Finance Inc. , a California Corporation Dated June 8th, 1995 Recorded June 16th, 1995 in Official Records under Recorder's Serial Number 12920384 Loan No 2300163575 NOTE: The Taxes for fiscal year 1994-95 have been paid. Page 2 of 5 Pages CLTA Standard Coverage-1990 FrGIS 1301E Pcoy No. FTY 146696 Schedule C Page 1 of Schedule C The land referred to in this policy is situated in the County of Santa Clara , in the unincorporated area, State of California, and is described as follows: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF ORANGE AVENUE WITH THE CENTER LINE OF SAN FERNANDO AVENUE, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN THE DEED FROM MAURICIO RUIZ, ET AL, TO CALIFORNIA ASSOCIATION OF SPANISH CHURCHES DATED OCTOBER 26, 1967 AND RECORDED NOVEMBER 29, 1967 IN BOOR 7945 OF OFFICIAL RECORDS, PAGE 15, SANTA CLARA COUNTY RECORDS; RUNNING THENCE ALONG THE WESTERLY LINE OF SAID ORANGE AVENUE, NORTHERLY 98.42 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID ORANGE AVENUE AND RUNNING PARALLEL WITH THE CENTER LINE OF SAID SAN FERNANDO AVENUE, WESTERLY 100.15 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO CALIFORNIA ASSOCIATES OF SPANISH CHURCHES ABOVE REFERRED TO; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTHERLY 98.42 FEET TO A POINT IN THE CENTER LINE OF SAN FERNANDO AVENUE; THENCE ALONG SAID CENTERLINE EASTERLY 100.15 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF SECTION 113, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION "A" MONTA VISTA" , WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 11, 1917 IN BOOR P OF MAPS, AT PAGE 20. 357-15-097 63079 SD/CU/TF A 357-15-x37 11-16-93 1tc Page 3 of 5 Pages CLTA Standard Coverage-1990 FTGIS 1301C FiG151126_t - ENDORSEMENT 0 Attached to: . Policy NO: FTY 146696 OLD REPUBLIC NATIONAL order No: 418935 *� TITLE INSURANCE COMPANY * * * * a Corporation, of Minneapolis, Minnesota 1. This endorsement shall be effective only if at Date of Policy there is located on the land described in the policy a one-to-four family residential structure, in which the insured owner resides or intends to reside. For the purpose of this endorsement the term "residential structure" is defined as the principal dwelling structure located on the land together with all improvements thereon related to residential use of the property except plantings of any nature, perimeter fences and perimeter walls, and the term "insured owner" is defined as any insured named in Schedule A and, subject to any rights or defenses the Company may have had under the policy and all endorsements, such insured owner's heirs, distributees, devisees, survivors, personal representatives or next of kin. 2. The Company hereby insures the insured owner of the estate or interest described in Schedule A against loss or damage which the insured owner shall sustain by reason of: a. the existence at Date of Policy of any statutory lien for labor or material attaching to the estate or interest referred to in Schedule A arising out of anywork of improvement on the land,in progress or completed at Date of Policy,except those liens arising out of a work of improvement for which the insured owner has agreed to be responsible. b. the removal of the residential structure or the interference with the use thereof for ordinary residential purposes as the result of a final court order or judgment, based upon the existence at Date of Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Part II of Schedule B of the policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease,sub-lease,or contract of sale referred to in the policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b)floor space area of the residential structure; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. c. damage to the residential structure resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. For purposes of this endorsement, the words "covenants", "conditions" or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612) 371-1111 By: k% President Counters' Attest: �f Secretary y • A Validating Officer ...,.. CLTA Form 126.1 (9.10-93) one-Four Famiy Page 4 of 5 Pages FrGIS IH03 INDORSEMENT Attached to: * * Policy No: FTY 146696 * OLD REPUBLIC NATIONAL Order No: 418935 *� TITLE INSURANCE COMPANY * * * # a Corporation, of Minneapolis, Minnesota This indorsement shall be effective only if at date of policy there is located on the land described in said policy a one-to-four family residential structure, in which the insured owner resides or intends to reside. The Company, recognizing the current effect of inflation on residential real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy(as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index(base period will be the base period in effect on the firstlanuary-I which occurs more than six months after the date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150%of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which,under the terms of the Conditions and Stipulations reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South,Minneapolis,Minnesota 55401 (612)371-1111 By: w President Counters' ed: _ Attest: • Secretary By I MKS 4� ; �o s f a Validating Officer ....... .. TIM HO 3(2-1-89) Page 5 of 5 Pages 1 CITY OF CUPERTINO (408) 777-3354 10300 TORRE AVENUE CUPERTINO, CA 95014 ANNEXATION REQUIREMENTS FOR PETITIONER PETITION Page 2 - Signatures of property owners required under"Signatures of Petitioners" with the appropriate date. (NOTE: The City will accept only 100% consent annexations; therefore, all property owners must sign the petition.) SUPPLEMENTAL APPLICATION: Provide answers to the following questions: Page 2 - Questions 2,3,4, 5 and 7 REQUIRED DOCUMENTS AND FEES: 0,0a. $513.00 CHECK PAYABLE TO THE CITY OF CUPERTINO ✓2. $50.00 CHECK PAYABLE TO LAFCO 00 3. $1365.00 CHECK PAYABLE TO THE COUNTY OF SANTA CLARA 0A COPY OF TITLE REPORT OR DEED INDICATING CURRENT OWNER- SHIP 15. PLAT MAP AND LEGAL DESCRIPTION- STAMPED AND SIGNED BY ENGINEER s. ,... ai r5 -siY1e. F{3`d �".�'�. 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