89,326 Annexation 95-03 Upland Way m
_ 89,326 ANNEXATION 95-03 _
Upland^W�aRpoNR"MSE�
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CITY OF CUPERTINO
• / �P RECEIPT •
• No. 87935 •
DATE 1=4 •OG 19
RECEIVED
• FROM / ,L Ey���n _•
ADDRESS -� /J(!� L
CASH CHECKMONEY'
• 6 ORDER DOLLARS CENTS •
• - •
• ti - •
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i
iRECEIVED •
By
MID /BWNFSSSYSIET.S-1(510) 1 Wn
i 8'y, 3Z6 •
r ,v
a" City Ilall
j ® 10300 Torre Avcnuc
Cupertino, CA Q5014-3202
Telephone: (408) 777-3223
) FAX: (408) 777-3 166
OFFICE OF THE CITY CLERK
April 20, 1998
Lois Sklar
Deputy Clerk of the Board/LAFCO Clerk
Santa Clara County Local Agency Formation Commission
County Administration Building
70 West Hedding St., 10'h Floor
San Jose, CA 95110
REORGANIZATIONS: "UPLAND WAY 95-03
"MILLER AVENUE 96-10"
The resolutions and backup information were submitted to you on the subject annexations
on March 20, 1997 (Miller Avenue 96-10)and November 7, 1995 (Upland Way 95-03).
My files do not contain a certificate of completion for either of those annexations. Can
you provide me with duplicates? Thanks.
Sinceteft,
1
oberia Wolfe -
Deputy City Clerk
. ,•.., ,. ,•. b'S, Sun �
City Hall
Ocitvof
10300 Torre Avenue
Cupertino, CA 95014
Telephone: (408)777-3354
FAX: (408)777-3333
Cupertino
PUBLIC WORKS DEPARTMENT
January 2, 1996
State Board of Equalization
Statistics Section
ATTN: Mr. Jeff Reynolds
450 N Street MIC 67
P.O. Box 942879
Sacramento, CA 94279-0067
Dear Mr. Reynolds:
In response to your request enclosed please find the completed questionnaire form for the
annexation to the City of Cupertino entitled"Upland Way 95.03".
If you have any questions, please contact Nancy Lee at(408) 777-3249.
City of Cupertino
Bert J. vskovich
Director of Public Works
cM
Carmen Lynaugh
Public Works Project Manager
Printed on Recycled Paper v of 3 2(o.
CITY Cupertino
RECEIVED 11/27/95
Ordinance or Resolution:
Upland Way 95-03
1. Area involved in the annexation? (acres or sq. miles) A 8 acrf5
2 . Assessed value (exclusive of all exemptions except the
homeowners ' exemption) of annexed area on the county assessment
roll as of March 1, 1995 (see item 3 below) .
,rZ 6/Z '02$, 006 each parcel
3 . We would prefer to receive assessed values as of March 1, 1995
rather than a previous March 1. However, if values have already
been tabulated for previous year but not for 1995, then values
for the previous year are acceptable. Some estimate of the
assessed value changes between the previous and 1995 lien dates
should be made if there has been significant activity in the
annexed area between the two dates. If previous year data are
submitted, please indicate so by correcting the year in item 2
and provide an estimate of any significant value changes here.
Signed
Title Pa&? kleyle5 Peat;er 01)wfe
Date 7 Jinri //`%6
RETURN TO:
Statistics Section
BOARD OF EQUALIZATION
450 N STREET MIC 67
P O BOX 942879
SACRAMENTO CA 94279-0067
• '
STATE OF CALIFORNIA
JOHAN KLEHS
STATE BOARD OF EQUALIZATION cm C. wY.
AGENCY PLANNING AND RESEARCH DRASION,MIC:67 DEAN F.ANDAL
450 N STREET,SACRAMENTO.CALIFCRNIA $iGon4 D���
(P.C.BOX 942879,SACRAMENTO,CALIFORNIA 94279-0067) ERNEST J.DRONENBURG.JR.
TELEPHONE(916)445-DW T, dD' S.0°
FAX(916)445-1813 December 15, 1995 BRAD SHERMAN
Fmm Oi c Ld Angeles
KATHLEEN CONNELL
OaneoMar.SammaMo
PUBLIC WORKS BDRTONW CL FR
E..cuer Dx�m,
City of Cupertino
10300 Torre Avenue �EC �99�
Cupertino, CA 95015
Section 2106 of the Streets and Highways Code, relating to the
apportionment of gasoline taxes to cities and counties , provides
for revising assessed valuations of cities and counties as
annexations take place during the year.
Section 2106 (2) reads as follows:
"For each county, the percentage of the total assessed
valuation of tangible property subject to local tax levies
within the county which is represented by the assessed
valuation of tangible property outside the incorporated
cities of the county shall be applied to its base sum, and
the resulting amount shall be apportioned to the county.
The assessed valuation of taxable tangible property for
purposes of this computation shall be that most recently
used for countywide tax levies as reported to the State
Controller by the State Board of Equalization. In the
event an incorporation or annexation is legally completed
following the base sum computation, the new city' s
assessed valuation shall be deducted from the county' s
assessed valuation, the estimate of which may be provided
by the State Board of Equalization. "
The enclosed annexations have been reported to us . To comply with
the Statutes, we are requesting certain information from your
office concerning these annexations . Please complete the enclosed
questionnaires and return them to our office.
Sincerely,
L'�
Jeff Reynolds
Statistics Section
JR:ap
Enclosures
RESOLUTION NO. 9496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "UPLAND
WAY 95-0311, APPROXIMATELY 1.8 ACRES LOCATED ON THE
WEST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE
AND BUBB ROAD; INCARDONA/GROSE/ROBERTS
(APN 366-03-008)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 1.9 acres on the west side of Upland
Way (APN 366-03-008) has been filed by property owners Marilyn Incardona, Leroy J.
Grose and Marguerite V. Roberts; and
WHEREAS, on October 2, 1995, the City Council adopted resolution No. 9458
initiating proceedings for annexation of the area designated "Upland Way 95-03; 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:
r
Resolution No. 9496
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Upland Way 95-03", 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 1.8 acres.
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 September 8, 1981, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre RHS 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. 9496
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
M. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 6th day of November, 1995 by the following vote:
Vote Members sf 2&C&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
resoluti/res9496.dm
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
UPLAND WAY 95-03
JULY, 1995
All that certain real property situate in Santa Clara County, State of California, more
particularly described as follows:
All of Lots 2 and 3, as shown on that certain Map entitled, "Marquette Heights
Subdivision, Tract No. 492", which Map was filed for record in the office of the
County Recorder of Santa Clara, State of California on March 22, 1948 in Book 18
of Maps at pages 4 and 5, and more particularly described as follows:
Beginning at the southwest corner of Lot 3 as shown upon said Map, "Marquette
Heights Subdivision", said point being the northwesterly corner of that certain
annexation to the City of Cupertino entitled, "Upland Way 94-08" and being on the
easterly line of that certain annexation to the City of Cupertino entitled, "Bubb No.
2",
thence along the westerly line of said Lots 2 and 3 of said map and the said
easterly line of annexation Bubb No. 2 North 232.00 feet to the northwest corner
of said Lot 2;
thence leaving said annexation Bubb No. 2 along the northerly line of said Lot 2
East 172.27 feet to the southwesterly corner of that certain annexation to the City
of Cupertino entitled, "Upland Way 87-03";
thence along the southerly line of said annexation Upland Way 87-03 and the
northerly line of said Lot 2 East 167.73 feet to the northeast corner of said Lot 2,
said point being the southeasterly corner of said annexation Upland Way 87-03 and
being on the westerly line of that certain annexation to the City of Cupertino
entitled, "Upland Way 86-02"
thence along said westerly line of annexation Upland Way 86-02 and the easterly
line of said Lots 2 and 3 South 232.00 feet to the southeast corner of said Lot 3,
said point being the northeasterly corner of said annexation Upland Way 94-08;
thence along the southerly line of said Lot 3 and the northerly line of said
annexation Upland Way 94-08 West 340.00 feet to the POINT OF BEGINNING.
Containing: 78,880 square feet, more or less flF s o
1 .811 acres, more or less V.
A.P. N. 366-03-007 AND 366-03-008
Revised S�Pt . 19�5 Y �\* EXP. \
rc 0. cr/
Q:
AML
RSITE
AINBOW DRIVE
3
N.T.S. z
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LOCATION MAP
SCALE: I" 100'
EXISTING CRY LIMITS LINE /
=
r
EXISTING NEXATION
III -UPLAND AY 87-03-
EAST II_340.00J (160
7\ , - I
AP,N. 366 - 03 - 007\ 30'
0 0 \\ LOT 2 S.F. o
N � �_ � 39,440 . `D ' o
EXISTING ANNEXATION N 0,91 ACRES O
-BUSS N0. 2 \
3ao.oa\\\
\\A.P�.
_\\ 6 - 03 - 008
'Z OT 300. o
440S,
1 ACRES N
}Q EXISTING
ANNEXATION
AYE86-oz
WEST 340.00
V z
�P LOT4 Q
P.O.B, pp571NG ANNEXATION j � I
— — I— 'UPLAND WAY 94\08"--I i �
LEGEND:
PROPOSED ANNEXATION KIRKEBY ENGINEERING CORP.
10950 K Money Ave.
EXISTING ANNEXATION Cupertino, CA. 95014 (408)252-9690
-- -- EXISTING CRY LIMITS EXHIBIT B
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO
"UPLAND WAY 95-03"
Rem. Sc.pt . 1995 Scale: 1" = 100' 0ate: DULY 1995 lJob No. 95009
9
County of Santa Clara c.oL'.V
Environniental RCSOUrces Agency
Building InslJcctioiIUInd Development Engineering and Surveying
Ctxnvy Governn7ent Center. East wing X V
70 West Hedding Street. 7111 Floor s _
San Jose. California 951 10
Bldg. Inspec.1408)299-2331 Land Devel. 299-2871 FAX 279-8337
September 25, 1995
Kim Smith, City Clerk
City of Cupertino
P. O. Box 580
Cupertino, CA 95015
The attached map and description dated September, 1995 of territory
proposed for annexation to the City of Cupertino entitled UPLAND WAY 95-03 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.
40. Ma4-e-�
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Board of Sullervisom: Michael %I. Honda. 131anca Ai%arado. Ron Gonzales.James T. Beall Jr.. Dianne McKenna
Co ntn•Ext"i ive: Richard WitteniX'rg w.0
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
UPLAND WAY 95-03
JULY, 1995
All that certain real property situate in Santa Clara County, State of California, more
particularly described as follows:
All of Lots 2 and 3, as shown on that certain Map entitled, "Marquette Heights
Subdivision, Tract No. 492", which Map was filed for record in the office of the
County Recorder of Santa Clara, State of California on March 22, 1948 in Book 18
of Maps at pages 4 and 5, and more particularly described as follows:
Beginning at the southwest corner of Lot 3 as shown upon said Map, "Marquette
Heights Subdivision", said point being the northwesterly corner of that certain
annexation to the City of Cupertino entitled, "Upland Way 94-08" and being on the
easterly line of that certain annexation to the City of Cupertino entitled, "Bubb No.
2",
thence along the westerly line of said Lots 2 and 3 of said map and the said
easterly line of annexation Bubb No. 2 North 232.00 feet to the northwest corner
of said Lot 2;
thence leaving said annexation Bubb No. 2 along the northerly line of said Lot 2
East 172.27 feet to the southwesterly corner of that certain annexation to the City
of Cupertino entitled, "Upland Way 87-03";
thence along the southerly line of said annexation Upland Way 87-03 and the
northerly line of said Lot 2 East 167.73 feet to the northeast corner of said Lot 2,
said point being the southeasterly corner of said annexation Upland Way 87-03 and
being on the westerly line of that certain annexation to the City of Cupertino
entitled, "Upland Way 86-02"
thence along said westerly line of annexation Upland Way 86-02 and the easterly
line of said Lots 2 and 3 South 232.00 feet to the southeast corner of said Lot 3,
said point being the northeasterly corner of said annexation Upland Way 94-08;
thence along the southerly line of said Lot 3 and the northerly line of said
annexation Upland Way 94-08 West 340.00 feet to the POINT OF BEGINNING.
i
Containing: 78,880 square feet, more or less nv s G
1 .811 acres, more or less /moo;�� \
2
A.P. N. 366-03-007 AND 366-03-008 140 '` Ali
"� Q1tP•
Revised Se�1 , 19�5 `\s eivN�
II p
m
cc SITE 22
RalNeow DRIVE
3 c�
N.T.S. p Z
Z J
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CL F
7) m
LOCATION MAP
EXISTING CITY uMrts uEXISTINGNE
/
SCALE: 1- = 100'
r
EXISTING NNEXATION
II -UPLAND AY 87-03" \
EAST II_340.00—I
1 60
366 - 03 - 00730, o0 0 \ LOT 2 0\\ A.P.N.
\ 39,440 S.F. ° 0
EXISTING ANNEXATION a 0.91 ACRES
`BUBB NO. 2 " \\ �� 340.00\\\
A. \. 366 0 3 00\\o 0
_o LOT 3
39,440S.
0
I '
Q
\\ 0.91 ACRES ?) EXISTING ANNEXATION
UPLAND WAY 86 - 02 "
WEST 340.00 I Q
/\ Z
Q P.O.B. LOT 4 —i
EXISTING
STING ANNEX i C 1
— 'UPLAND WAY 94-08"
LEGEND:
PROPOSED ANNEXA71ON KIRKEBY ENGINEERING CORP.
10950 N. Blaney Ave.
EXISTING ANNEXATION Cupertino, CA. 95014 (408)252-9690
-- -- EXISTING CITY LIMITS EXHIBIT B
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO
"UPLAND WAY 95-03"
1995 Scale: I" = 100' Date: JULY 1995 Job No. 95009
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
COF=SE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the City Council of the City of
Cupertino for approval of a proposed change of organization or
reorganization, and stipulate(s) as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the
California Government Code (commencing with Section 56000,
Cortese-Knox Local Government Reorganization Act of 1985) .
2. The proposed change of organization is designated as:
UPLAND WAY 95-03
and consists of:
X annexation to City of Cupertino
detachment from (name City/District)
of 1. 8 (number of) acres on the W (r/s/e/w)
side of Upland Way (Street/Avenue)
between Rainbow Drive (Street/Avenue)
and Bubb Road (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) XX uninhabited.
5. This proposal XX is consistent with the Sphere of Influence
is not of the affected city and district(s) .
6. The reasons(s) for the proposed annexation (annexation,
detachment, reorganization, etc.) is/are:
To procure City services .
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or
reorgani�i0 i1 made subject to the following terms and conditions:
be
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 PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print) Assessor's Election
name below Street Address Parcel or Precinct
Date signature) City/State/Zip No.* No.**
WOODCAeaL
SRs1 Tere U4: 9SI/7
Phone: (+Lor)
16050 Oyealook D-
Z2 LOS c.A, 9!9-4030
xPhone: (yam) as�l- >9N3
MA�ns o:r! Y �oR ax �u�eo.1YNo (� Qse it,!
Phone
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident-voter
initiated proposals.
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF 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.)
PDPOSAL DESIGNATION: UPLAND WAY 95-03
Annexation )
XXX ) to/$W�G CITY OF CUPERTINO
Reorganization) (City or Spec. District)
ENVIRONMENTAL STATUS OF PRO]�SAL
X CITY OF CUPERTINO , as Lead Agency for environmental review
(Name of City/District)
of the project, has already orezoned
(prezoned? other approval action?)
the territory on Sept. 8, 19811and in compliance with CEQA, has:
(date)
determined that the annexation is Categorically exempt from
provisions of CEQA pursuant to Cal.Adm.Code Sec.
(cite class exemption section) .
completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
completed a Final EIR for the annexation, a copy of which is
attached to this application.
_ City of Cupertino City Council is to be Lead Agency for the
environmental review of the project and the completed Environmental
Information Form required by Planning staff is attached to this
application. (Planning staff phone: (408) 252-4505.)
_ Proposal is categorically exempt from provisions of CEOA pursuant to
Cal. Actin. Code Sec. because
LT-A CPER =CS OF THE ARFA
1. Number of acres 1 . 8
2. Number of inhabitants 3
3. Number of registered voters 3
4. Number of dwelling units 2
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) from the contract?
6. a. For city annexations what is the prezoning that has been applied
by the city to the affected area (Note: Prezoning is a filing
requirement for city annexations) :
Pre-RHS
b. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the City? YES_ NOX
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.
Single Family Residential 6 Lots October 1995
8. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES XX NO
If NO, please explain the reason for non-conformity and provide
justification for approving the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island,
corridor or strip of unincorporated territory? YES NO X
If YES, answer the following questions:
a. Number of acres in the island, corridor
or strip? (If more than one island is being
created, indicate the acreage of each island.)
b. Number of inhabitants?
C. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation
of an island? YES NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in
the City or District's urban service area: YES X NO
11. If new development is proposed on the site, will this new development
be permitted without can=uty sewage discharging into an existing
sanitary sewer system and disposal plant? YFS_ 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 improvement(s) and the average cost per
resident/landowner of the district.
Service/improvement:
Cost: $ /yr. for _ yrs. $ /yr. for _ yrs.
Supp• Appl. -3-
13. List all cities, special districts, (including school districts) and
County Service Areas located within the area of this proposal.
(Exclude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water
Importation.) (Refer to county Tax Rate Code Book for this
information) :
Cupertino Elementary School District Mid-Peninsula Open Space District
Fremont Union High School District Cupertino Sanitary District
Foothill Community College District
IANDOWNERS AND REGISTERED V=,S
14. Please provide the information requested below:
a. Owners of land* within the proposed annexmtoin/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 366-03-007 $28 806
366-03-008 $28 . 806
(I£ additional space required, continue list on separate sheet & attach.)
* "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll; where such person is no longer the owner,
then any person entitled to be shown as owner of lard on the next
Assessment Roll; where land is subject to a recorded written agreement
of sale, any person shown therein as purchases', and any public agency
a,TdnJ lard." 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
Community Development's Report and mailed Notice of Hearing (in
addition to the clerk/Administrator of each affected city or
district) :
Street Address
Name City/State/Zip
(1)
(2)
(3)
16. I hereby certify that all LAFCO filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate.
BERT VISKOVICH 10300 Torre Avenue
(Prin of perso complete- Cupertino, CA 95014
in s a o ( s)
2d
(Si e ( be)
NOTE: It is a general LAFCO filing regL=eMe nt that a copy of this
application be filed with each school district shown on question 1#13 of
this document if the proposal involves ultimate new residential
development of five acres or more. It is the City's responsibility to
submit this information to the appropriate school district(s) and the
signature above is considered verification that this filing requirement
has been met.
CERTIFICATE OF CITY CLERK (Required for 100% Consent PrOPosall
I CERTIFY that I have checked the number of owners of property located
within the annexition/detachment/reorganization proposed by this
application and that the _ (number) signatures above represent all of
the owners of property included in this proposal. I F[JMM CEIZPIFY that,
pursuant to Goverrurnnt 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 lard within the proposed annexation/detachment/reor-
ganization who do not consent to this proposal should be listed
by name, address, parcel number and assessed land valuation
below. Signatures and dates are not required. Hearing will be
held for less-than-100%-consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet & attach.)
c. FOR NOT-100% CONSENT PROPOSALS, list all registered voters
residing in the territory proposed for annexition/detaclment/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-
CITY OF CUPERTINO
NEGATIVE DECLARATION
September 18, 1995
As provided by the Environmental Assessment Procedure adopted by the City Council of the City of
Cupertino on May 27, 1973,and amended on March 4, 1974,January 17 1977, May 1, 1978, and July
7, 1980,the following described project was granted a Negative Declaration by the City Council of
the City of Cupertino on September 18, 1995.
PROJECT DEC RTION AND LOCATION
11-EA-95
Application No. 3-TM-95 and 6-Z-95
Applicant: Marguerite V. Roberts& Blanche Grose/Leroy Grose Trustee
Property Owner: Marguerite V. Roberts&Blanche Grose/Leroy Grose Trustee
Location: 11545 Upland Way and 11571 Upland Way
DISCRETIONARY ACTION REQUEST
Tentative Map to subdivide two parcels totaling 1.97 acres into six parcels.
Rezoning to assign a minimum lot size(10,000 sq. ft.)or other appropriate zoning designations.
FINDINGS OF DECISIONMAKING BODY
The City Council granted a Negative Declaration since the project is consistent with the General Plan
and there are no significant environmental impacts.
S �€ri�ruM
Robert Cowan
Director of Community Development
CERTIFICATE OF THE CITY CLERx
This is to certify that the bove Negative Declaration was filed in the Office of the City Clerk of the
City of Cupertino on f .z/ 1995.
ity Clerk
T c:/winwordlac/1 lea95
r
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
UPLAND WAY 95-03
JULY, 1995
All that certain real property situate in Santa Clara County, State of
California, more particularly described as follows:
All of Lots 2 and 3, as shown on that certain Map entitled, "Marquette
Heights Subdivision, Tract No. 492", which Map was filed for record in the
office of the County Recorder of Santa Clara, State of California on March
22, 1948 in Book 18 of Maps at pages 4 and 5, and more particularly
described as follows:
Beginning at the southwest corner of Lot 3 as shown upon said Map,
"Marquette Heights Subdivision", said point being the northwesterly corner
of that certain annexation to the City of Cupertino entitled, "Upland Way
94-08" and being on the easterly line of that certain annexation to the City
of Cupertino entitled, "Bubb No. 2";
thence along the westerly line of said Lots 2 and 3 of said map and the said
easterly line of annexation Bubb No. 2 North 232.00 feet to the northwest
corner of said Lot 2;
thence East 340.00 feet to the northeast corner of said Lot 2, said point
being the southeasterly corner of that certain annexation to the City of
Cupertino entitled, "Upland Way 87-03" and being on the westerly line of
that certain annexation to the City of Cupertino entitled, "Upland Way
86-02;
thence along said westerly line of annexation Upland Way 86-02 and the
easterly line of said Lots 2 and 3 South 232.00 feet to the southeast corner
of said Lot 3, said point being the northeasterly corner of said annexation
Upland Way 94-08;
thence along the southerly line of said Lot 3 and the northerly line of said
annexation Upland Way 94-08 West 340.00 feet to the POINT OF
BEGINNING.
Containing: 78,880 square feet, more or less �Qa°Fes f
1 .811 acres, more or less �k J%V ` y I �Y
No.14001 m M
A.P. N. 366-03 007 AND 366 03 008 �/0
EXP. 3 4
\qr C1V,b o "
F
Q
m
in SITE x
RAINBOW DRIVE
3
N TS. z
p Z
Q J
J W
CL
LOCATION MAP
EXISTING CITY UMITrE)IJSNG
/
SCALE: 1" = 100'
EXATION
67-03'EAST . \
A.P.N. 366 - 03 - 007
N
0 0 \ LOT 2 0
t 39,440S.F, O ,00
EXISTING ANNEXATION N 0.91 ACRES i
`BURR N0. 2 ' \ G� \ 340.00 \\ '
o A.P.N. 366 - 03 - 006\
LOT 3 0
� o �
39,440 S, 0o I" >
\\ 0 0.91 ACRES 3: EXISTING ANNEXATION
\ \ \ \ I/ I 'UPLAND WAY 66 - 02
WEST 340.00
�P P.O.B. LOT 4 I Q
EXISTING ANNEXATION i I I
II 'UPLAND WAY 94-06' j
LEGEND:
PROPOSED ANNEXA71ON KIRKESY ENGINEERING CORP.
10950 N. Blaney Ave.
EXISTING ANNEXATION Ff Cupertino, CA. 95014 (408)252-9690
-- -- EXISTING CITY UNT'S EXHIBIT B
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO
"UPLAND WAY 95-03"
SCGle: 1" = 100' Dote: JULY 1995 lJob No. 95009
PROPERTY ADDRESS: . ESCON OFFICE:
11545 UPLAND WAY STEWART TITLE OF CALIFORNIA
CUPERTINO, CA 12820 Saratoga—Sunnyvale Road
Saratoga, CA 95070
STEWART TITLE ( 408) 867-6230
of California
PRELIMINARY REPORT
Issued at the request of:
PICETTI CONSTRUCTION CO. INC. Our Order No. 34235329
21367 METEOR DRIVE
CUPERTINO, CA 95014
Attention: MIKE PICETTI When replying please contact
Telephone No. ( 408 ) 257-1577 Escrow Officer : SHARON E. LaFOUNTAIN
Buyer name : PICETTI CONSTRUCTION CO.
In response to the above referenced application for a policy of title insurance, STEWART
TITLE GUARANTY 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 in Schedule B 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 the attached list. Copies of the Policy forms should be read. They are
available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It is important to note that this preliminary report is not written representation as to
the condition of title and may not list all liens, defects, and encumbrances affecting
title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED 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. p
RUBEN J. PINZON, Title Officer
CLTA PRELIMINARY REPORT (Effective 1-1-95)
Carder No. 34235329 • .
SCHEDULE A
Dated as of: March 06, 1995 at 7 :30 A.M.
The form of policy of title insurance contemplated by this report is:
1) California Land Title Association Standard Coverage Policy - 1990
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:
MARGUERITE VALERIA ROBERTS, as Trustee of the Roberts 1991
Living Trust
The land referred to in this report is situated in the State of California, County of Santa Clara
in the and is described as follows:
Lot 2, as designated and so delineated upon that certain Map entitled,
"Tract No. 492 Marquette Heights Subdivision, Portion of N.W. 1/4 of
Sec. 26, T. 7 S. R. 2 W. , Santa Clara County, Calif. " and which said
Map was filed for record in the Office of the Recorder of the County
of Santa Clara, State of California, on March 22, 1948, in Book 18 of
Maps, Pages 4 and 5.
APN/ARB: 366-03-007
COMMONLY KNOWN AS: 11545 UPLAND WAY
CUPERTINO, CA
SCHEDULE A
CLTA PRELIMINARY REPORT (REV. 1-1-95)
Order No. 34235329 • •
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed exceptions
and exclusions in a Policy of Title Insurance are as follows:
1. County and City Taxes for the Fiscal Year 1995/1996, a lien not yet
due or payable.
2. County and City Taxes for the Fiscal Year 1994/95
1st Installment $557.79 PAID
2nd Installment $557.79 DUE AND PAYABLE
Land $28,806. 00
Improvements $60,480. 00
Exemptions $7,000. 00
A.P.N. 366-03-007
Code Area 63093
3. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Chapter 3 . 5 (commencing with Section 75) of the Revenue
and Taxation Code of the State of California.
4. A Building Setback Line, 25 feet from Upland Way as shown on the filed
map.
5. Easement as shown on the filed map,
For Light and Air
Affects The East 25 feet
6. The terms, conditions and provisions of the Trust referred to the
vesting herein.
7 . The requirement that this Company be provided with a Trustee ' s
Certificate pursuant to Probate Code Section 18100.5 for the Trust
referred to in the Vesting herein.
NOTE:
1. There have been no conveyances of said land recorded within 24
months prior to the date of this report.
2. Short Term Rate - None
3. CALIFORNIA "GOOD FUNDS" LAW
Effective January 1, 1990, California Insurance Code Section
12413.1 (Chapter 598, Statutes of 1989) , prohibits a title
insurance company, controlled escrow company, or underwritten
title company from disbursing funds from an escrow or sub-escrow
account, (except for funds deposited by WIRE TRANSFER,
ELECTRONICS PAYMENT or CASH) until the day those funds are made
available to the depositor pursuant to Part 229 of Title 12 of
the Code of Federal Regulations, (REG.CC) . Items such as
CASHIER' S, CERTIFIED or TELLER' S CHECK may be available for
disbursement on the business day following the business day of
SCHEDULE B Continued on next page
CLTA PRELIMINARY REPORT (REV. 1-1-95) -1 STEWART TITLE
GUARANTY COMPANY
SCHEDULE "B" CONTINUE D:
Order No. 34235329
NOTE (Continued) :
deposit; however, other forms of deposits may cause extended
delays in closing the escrow or sub-escrow.
STEWART TITLE will not be responsible for accruals of interest
or other charges resulting from compliance with the disbursement
restrictions imposed by State law.
4. The issuance of this report may be conditioned upon payment of a
Cancellation Fee if a Policy of Title Insurance is not issued
in connection with this order . Said fee shall be in an amount
not less than the minimum charge set forth in the filed rate
schedule, and is a required charge pursuant to Section 12404.1
of the Insurance Code of the State of California.
RP/gt
03-17-95
-2-
CLTA.Preliminary Report Form • 0
EXHIBIT "A' (Rev. 1-19-91)
CAUFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POUCY-1990
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 expanses which arise by reason of.
1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances or
regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; IN) 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 govemmental regulations. except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrances 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 excercise 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 data of policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at data 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 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.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to date of policy; or
(a) resulting in loss or damage which would not have been sustained if the insured claimant has 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 data 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 unenforceebility 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 of interest insures 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.
EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which
arise by reason of:
PART I
1. Taxes or assessment 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 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
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
_- 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 . land division
improvements on the land . 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.
(List of Printed Exceptions and Exclusions Continued on Next Page)
STEWART TITLE
Guaranty Company
• EXHIBIT A (Continued) •
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, not to us, on the Policy Date unless they appeared in the public records
that result in no lost to you
that first affect your title alter the Policy Date - - this does not limit the labor and material lien coverage
in Item 8 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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly axluded from the coverage of this policy and the company will not pay loss or damage,
costs, attorney's 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; (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 the" laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lion or encumbrances 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
e notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the IaA 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
W 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;
(c) resulting in no loss or damage to the insured claimant
(d) attaching or created subsequent to dote 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 to the extent insurance is afforded
herein as to assessment for street improvement under construction or completed at date of policy); or
(a) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured
mortgage.
4. Unenforesability 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 low.
B. Any statutory lion for services, labor or materials for the 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 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`similar-cmditorC?ighT9law4;-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 in the insured mortgagee as a result of the application of the doctrine or 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
W of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General
Exceptions.
(List of Printed Exceptions and Exclusions Continued on Next Page)
STEWART TITLE
Guaranty Company
Page 2
• EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay W attorneys fees or expenses) which
arise by reason of:
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 fact& rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which ero not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachment& 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 right& 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 OWNERS POLICY (10-17-92)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
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, morney's fees or expenses which arise by mason 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, uss, 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 pert; (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 of a defect, lien or encumbrance resulting from a violation or alleged violation effecting 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 occured prior to date of policy which would be binding on the rights of
a purchaser for value without knowledge. _a
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;
(c) resulting in no loss or damage to the insured claimant
(d) attaching or created subsequent to date of policy; or
(a) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the estate
or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the.kosured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the
transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,
or (H) the transaction creating the estate or interest insured by this policy 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.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General
Exceptions:
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 meson of: -
1. Taxes or assessments-which are swt-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 are not shown by the public records but which could be ascertained by an inspection
of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public
records.
STEWART TII-LE
Guaranty Company
Page 3
I
OFFICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY, CALIFORNIA
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CUPERTINO.CALIFORNIA 95014 July 17 j
PAYnne Thnusand Three Hundred Sixty Five & NO/100 * * * * * *DYOLLARS $1,365 .00
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TD
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pAYFive Hundred Thirteen & NO/Inn* * * * * * * * * * * * * *DOLLARS $513 . 00
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TO
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21367 METEOR DRIVE 408-735-8465
CUPERTINO,CALIFORNIA 95014 July 17 ,9 J 5
PAYTwo Hundred Twenty FTva & Nn/inn * * * DOLLARSS 225 - 00
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TO
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NFL�K CUPERTINO,CA 95015-1350
118004975R• 1: 12114LL521: 00110796810
90-4115
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PICETTI CONSTRUCTION, INC. 4976
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CUPERTINO,CALIFORNIA 95014 July 17 1
PAYnna Thnueand Three Hundred Sixty Five & NO/100 * * * * * *DTOLLARSS1 ,365 . 00
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TO
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OF
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pAyFive Hundred Thirteen & No/Inn * * * * * * *DOLLARS 8513 .00
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TO
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NATIONAL BANK CUPERTINO,CA 95015-1350
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