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89,327 Annexation 95-04 _ 89,327 ANNEXATION 95-04 Byrne Avenue Jacqueline Lo/ Sin Yen Lin 1 A A✓ d A m O N Y N Q U 1uG � P P � z > e 3 � W � on , z � zz a 0 U ik Fy U m o y QQP u U O c C > y� 65 a J � U N O P lib )e r CITY OF CUPERTINO 4v r • RE=T • • No. 87708 DATE-19 RECEIVED •FROM �I • ADDRESS ✓//7 /" • EASN F r i < / DOLLARS CENTS • J, •RECEIVED. _ • BY E� - ��W75• 3..2 • 7 DAISY K.LOH R JIM G.LO 1126 10372 ANN ARBOR AVE. CUPERTINO,CA 95014 .3 90-779W211 -tray to tie rder 06 LMSC FEDERAL CREDIT UNION`" P.O.BOX 38C3 SUNNYVALE.CA 940B0-3 3 f % qr 1: 32LL779681:0 1000 1900 7 9 7041I• L 26 DAISY K. LOH JIM G. LO 1127 10372 ANN ARBOR AVE. T121 CUPERTINO,CA 95014 -Pay to ge Z- A order 06 7 _ LMSC FEDERAL CREDIT UNION - RO.BOX 3643 SUNNYVALE,CA940MkW3 c a qr 1: 3 2 11 7 7968401000L9007970 11 1127 DAISY K.LOH JIM G.LO 1128 10372 ANN ARBOR AVE. CUPERTINO,CA 95014 fq 90-7796W1 J,p 'q to tie aOrder 0 ]_ LMSC FEDERAL CREDIT U ION , P.O.Box 3m SUNNYVALE.CA 94080 3 1: 321L779681:OLOOO,i,900.79704 ' 128 'a'1:�� r f RESOLUTION NO. 9452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "BYRNE AVENUE 95-041t, APPROXIMATELY 0.28 ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN LOMITA AVENUE AND HERMOSA AVENUE; LO/LIN (APN 357-11-012) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.28 acre on the west side of Byrne Avenue (APN 357-11-012)has been filed by property owners Jacqueline Lo and Sin Yen Lin; and WHEREAS, on September 5, 1995, the City Council adopted resolution No. 9412 initiating proceedings for annexation of the area designated "Byrne Avenue 95-04; 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. 9452 Page 2 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Byrne Avenue 95-04", 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 0.28 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 Councilbn June 4, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino RI-8 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. It. 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 t i_ Resolution No. 9452 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: Vote Members Qf She Cily 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 molutifts9452Am 3 r "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVENUE 95-04 JULY 1995 All that certain real property situate in the County of Santa Clara, State of California , more particularly described as follows : Beginning at the northeast corner of Lot 21 , as shown on that certain Map entitled Tract No . 150 Stevens Creek Subdivision . Map No , 2 , in Sec . 14 TP . 7SR2 W. , M .D.B . & M . . Santa Clara, California . which Map was filed for record in the Office of the Recorder of the County of Santa Clara . State of California on August 12 , 1940 . in Book 5 of Maps page(s) 4 and 5 : Thence from said Point of Beginning running along the westerly line of that certain annexation to the City of Cupertino entitled "Byrne Avenue 82-04 " and "San Fernando Avenue 84-l " SOUTH 60 . 00 feet to the southeast corner of said Lot 21 ; Thence WEST 197 . 83 feet to the southwest corner of said Lot 21 ; Thence running along the easterly line of that certain annexation to the City of Cupertino entitled "Blackberry 91-0" N 4026 ' 30" W 60 . 18 feet to the northwest corner of said Lot 21 ; Thence EAST. 202 . 49 feet to the Point of Beginning . Containinq : 12 . 010 square feet , more or less . 0 . 28 acres . more or less . A .P .N . : 357-11-012 Revisions : August ii 1004 By: L N N A NAcKsERRY FARM OSAAV GOLF CouRSE m • LO MITA AVE. � 30 r ALMADEN AVE EX1SnNA ANNEXATION r ALS: Iwr too, PO e• tu 6YRNE AVE. 82-04 VICINITY MAP E A 5T 1 NOT TO SCALE 3 2o2.4q' o npm ---— �O QRof ESSio IA7.83' EJ6nN4 ANNEXATION ~�Q tS�nueh-H1�'n BLAGCBERfiY ql 0 7 W 4, m /J LOMITA AV1:. � 2553e `6 z e)U6TINb AN VUATION -'C�I` " FERN4ND0 AVE. 04-1 rlYlP Of CAUF����P APM: 357-I I-012 LOT 21 03fA-7 12"010 6a.FT. 0.215 ACRES LEGEND EXHIBIT B BOUNDARY LINE OF PROPOSED ANNEX4l10M PROPOSEDAUNEYATION 7O -IME CITY OF C-UPERnM0 --- = SOUNDARY LINE OF EMnTLED 15YRNE AVE . q5-O* wsnN4 ANNEXATION DATE : JULY Igg5 .aAI}ESC.CHf�I,CE,SE, SCALE 10 ' —— —— - — EM5,71V4 CITYLIMITS 8/I/q5 PO O022" 0S�J 11 r RESOLUTION NO. 9412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATOIN OF ANNEXING AREA DESIGNATED `BYRNE AVENUE 95-04", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN LOMITA AVENUE AND HERMOSA AVENUE, APPROXIMATELY 0.28 ACRE, LO/LIN (APN 357-11- 012) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byrne Avenue 95-04" from property owners, Jacqueline Lo and Sin Yen Lin; and WHEREAS, the property, 0.28± acre on the west side of Byrne between Lomita Avenue and Hermosa Avenue (APN 357-11-012) 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 RI-8 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. 9412 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 'Byrne Avenue 95-04" 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: Vote Members 4f Ik-City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Wally Dean City Clerk Mayor, City of Cupertino City Clerk Mayor, City of Cupertino reso1utVres9412.doc 2 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVENUE 95-04 JULY 1995 All that certain real property situate in the County of Santa Clara. State of California , more particularly described as follows : Beginning at the northeast corner of Lot 21 , as shown on that certain Map entitled Tract No . 150 Stevens Creek Subdivision , Map No . 2 , in Sec . 14 TP . 7SR2 W. , M .D.B. & M. , Santa Clara, California, which Map was filed for record in the Office of the Recorder of the County of Santa Clara. State of California on August 12 , 1940 , in Book 5 of Maps pages) 4 and 5 : Thence from said Point of Beginning running along the westerly line of that certain annexation to the City of Cupertino entitled "Byrne Avenue 82-04 " and "San Fernando Avenue 84-1 " SOUTH 60 . 00 feet to the southeast corner of said Lot 21 ; Thence WEST 197 . 83 feet to the southwest corner of said Lot 21 ; Thence running along the easterly line of that certain annexation to the City of Cupertino entitled "Blackberry 91-0" N 4026 ' 30" W 60 . 18 feet to the northwest corner of said Lot 21 ; Thence EAST. 202 . 49 feet to the Point of Beginning . Containinq : 12 , 010 square feet , more or less . 0 , 28 acres, more or less . A .P .N . : 357-11-012 Revisions : Aua +s it leas By: J L Fl�j � gA BLACKBERRY FARMGOLFCAuft4E 30 � am EXISMA ANNEXATION SYRNE AVE. 52-04 VICINITY MAP 3 E A 5T R NOT TO SCALE / Z 2o2.4a' o m a 4 Z $/ E�j � � m ---— IA7.$3' �O VRpfESSlpyq� MOW ANNEXATION BLACK BERRY 91-0 LOMITA AVE. 2555538 z E.XISI-INC; A,NUEXA-MON " l/ SdN FEf2"po AVE-. 04-1 J} cI v i v NP APM:357-11-012 'I Of CA"0i LOT 21 ? 1 Moto 6a,FT. • 0.2 8 ACRES LEGEND EXHIBIT B = SOUNDARY LINE of PROPOSED ANNEX411ION PROPv58DANNEXATIOIAI '170IHE CITY OF WFERTINO -- = BOUNDARY LINE OF EN'nTLED 15YRNE AVE . q5-04 msnN4ANNEXATION DATE : JULY Igg5 SCALE I' too ' -- -- - - = Fa5_,TN4 CtTYLIMITS Lur�� 1EV13EU: 8/I/q5 ".aoX 120302 SW Jo51="4A q5160 County of Santa Clara cots v,� Fiubu-runcntal Resources Agcncy Building Inspeclioln/Umd Development Engineering and Surveying Coumy Government Cen(cr, East wing 70 west Hedding Street. 7111 Floor San Jose. California 051 10 �O Bldg. Inspec. (408)209-2351 bind Devcl. 29<.Y2871 FAX 279-8537 ETA GV� August 16, 1995 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 The attached revised map and description dated August 11, 1995, of territory proposed for annexation to the City of Cupertino entitled BYRNE AVENUE 95-04 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. Aazz:�, x0 o Martin D. Marcott County Surveyor Attachment cc: LAFCO Executive Officer (w/attachment) Boird of Supervisors: Michael M. Honda. Blanca Alvarado. Ron Gonzales.James T Reap JL, nianne h1cKenna County Execulive: Richard winenwrg eaw "EXHIBIT All ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVENUE 95-04 JULY 1995 All that certain real property situate in the County of Santa Clara, State of California . more particularly described as follows : Beginning at the northeast corner of Lot 21 . as shown on that certain Map entitled Tract No . 150 Stevens Creek Subdivision . Map No . 2 , in Sec . 14 TP , 7SR2 W. , M .D.B. S M . , Santa Clara . California , which Map was filed for record in the Office of the Recorder of the County of Santa Clara . State of California on August 12 , 1940 , in Book 5 of Maps page(s) 4 and 5 : Thence from said Point of Beginning running along the westerly line of that certain annexation to the City of Cupertino entitled "Byrne Avenue 82-04 " and "San Fernando Avenue 84-l " SOUTH 60 . 00 feet to the southeast corner of said Lot 21 ; Thence WEST 197 . 83 feet to the southwest corner of said Lot 21 ; Thence running along the easterly line of that certain annexation to the City of Cupertino entitled "Blackberry 91-0" N 4026 ' 30" W 60 . 18 feet to the northwest corner of said Lot 21 ; Thence EAST. 202 . 49 feet to the Point of Beginning . Containinq : 12 , 010 square feet , more or less . 0 . 28 acres . more or less . A . P .N . : 357-11-012 Revisions : August 11 , 1995 By J L N N BLACKBERRY FARM tjF9kM0_SkAV 6 0LF coURSE LD MITA AVE. uw�Eu avE Nb ANNEXATION 5lALS: I"c1oo, Po.e. jg1 =2E AVE. S2-o4 VICINITY MAP 3 PAST I NOT TO SCALE 2o2.¢a' --- QRpEESS- / Nq ZrVl4nLjAEXATION Ig7.83' `ye�`��noehHt��'f`2 BLACK BERRY q l-o LOMITA AVE. ¢ 2,5�53e � eXISTINfi ANIIEXA7ION YC�I` 6&m FER"[>o AVE. 04-1 �grCf��'��?. APN: 357-11-012 �nU LOT 21 — • 12.010 681T. 0.2 B ACRES LEGEND : EXHIE51T S c BOUNDARY LINE OF PROPOSED ANNEX4flON PfkOPOSEDANNEXATION 7o -tHt GIN of GUPERnt4o --- = BOUNDARY LINE OF EN'nTI.ED I5YRNe AVE . q5-04 EXISIIN4 ANNEXATION DAYe : JULY Igg5 SCALE : 1"= foo' —— —— — — = EM57NA CtTYLIMITS P.sYI jC_� RFV16ED: a/r/q5 vJF11'IGS C.�-I IGIY,bGrSE1 po.pox z0302 0 SM JO'-1=.Ga, g516 County of Santa Clara couNT Environmental Resources Agency Building Inspection/Land Development Engineering and Surveying - i County Government center. East Wing 70 West Hedding Street. 7111 Floor San Jose, California 951 10 �Tq CVO Bldg. Inspec. (408)299-2351 Land Devel. 29012871 FAX 279-8537 August 7, 1995 Kist Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino,CA 95014-3255 The proposed annexation entitled BYRNE AVENUE 95-04 is not in accordance with Government Code Section 56826. X The boundaries are not definite and certain in the following respects: EXHIBIT A 1. Please follow the SAMPLE EXHIBIT A enclosed for description requirements. (See your description for ORANGE AVENUE 95-02 for a good example of how this could be written.) I have enclosed a copy of the new State Board of Equalization requirements effective July 1, 1995 which also requires that "the written geographic description shall be a document separate from any maps." EXHIBIT B 1. Show point of beginning. 2. Show existing annexation San Fernando Avenue 84-1 (copy enclosed). 3. Fix existing annexation Blackberry 91-0. I am returning one copy of the map and description. Please show the revision date on any subsequent map and description and return three (3) copies of each to me when you resubmit this annexation request. If you have any questions, please call Ginny Millar at (408) 299-2871. Very truly yours, I;Wat&�-4 .4 Cf) W- MARTIN D. MARCOTT County Surveyor Enclosures cc: James C. Chen Board Of SupervisOrs: Michael M. Honda. Blanca Alvarado. Ron Gonzales.James T Real[Jr.. Dianne McKenna Ctwnty FAMutive: Richard Wittenberg .uo • "EXHIBIT A" • ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVENUE 95-04 JULY 1995 All that certain real property situate in the County of Santa Clara , State Of California , more particularly described as follows : Lot 21 , as shown on that certain Map entitled Tract No . 150 Stevens Creek Subdivision , Map No . 2 , in Sec . 14 TP, 7SR2 W. , M .D.B. 6 M. , Santa Clara , California , which Map was filed for record in the Office of the Recorder of the County of Santa Clara , State of California on August 12 , 1940 , in Book 5 of Maps page(s) 4 and 5 . t of r'p{7art Js _ Containing : 12 , sq%uu arere feet .. more or less . 0 . 28 acres, more or less . A.P .N. : 357-11-012 N N A FARM K"06AAV FaOLF COURSE l0 WTA AVE, sITE 1 ALRUEN AVE E 1511NA ANNEXATION SCALS: I"=100' \ BYRNEAVE, b2-04 VICINITY MAP � I e A ST I< N0T TO SCALE / 2o2.4q' o W I Z 1017.S5' EX1910 ANNEXATION F -P 15LACKBCRQ-Y 7 - \ 25538 , z /J LOMITA AVE. / EXIST/NG /c1NmEXA,7'IO�.1 f, CIVIL �Q, � SaN YE32N.4M av� . Ey,-I /�\OF Cpl\F00? APIJ° 357-II-012 - P. Iy�3I�g7 LOT 21 12,010 6a.FT. • 0.2 6 ACRES LEGEND EXHIBIT B BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION To 'THE CITY of GuPERTIN0 --- = BOUNDARY LINE of ENTII7WD 15YRNE AVE . 95-04 FASTIN4 ANNWATIOM DATE : JULY Igg3 SCfllE , I 1Do ' - - -- - - = EaSTNdl CITY LIMITS PsY JL �6VIS�D JAME$C.Cf1HJ,c> ,$E, po.aoX 2o5Of l City of Cupertino ( 408 ) 777-3354 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVEERIhII = 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: BYRNE AVENUE 95-04 and consists of: X annexation to CITY OF CUPERTINO xxx zt2= (name City/District) of . 28 (number of) acres on the W (n/s/e/w) side of Byrne Avenue (Street/Avenue) between Lomita Avenue (Street/Avenue) and Hermosa 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 . 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: N/A 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 proponent(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 PETITIONERS (not to exceed three) Signatures of Petitioners (Please priot) Assessor's Election name below Street Address Parcel or Precinct Date si ture) City/State/Zip No.* No.** 6-2y_ �(p y�vn Qfi• 357-11-012 C I Pho e: �X)2i- one: iVAr�) - / 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 SUPPLE=AL 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.) PROPOSAL DESIGNATION: BYRNE AVENUE 95-04 Annexation ) wtmxldl� ) to/2= CITY OF CUPERTINO PA9MM 9igrW (City or Spec. District) ENVIRONMENTAL STATUS OF PROPOSAL XX 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 CEQA, 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 CDy+ pursuant to Cal. Ache. Code Sec. because CHARACPERiSTICS OF THE AREA 1. Number of acres . 28 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 as a rental 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) : R1-8 b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES_ NO XX If YES, indicate the new zoning which will be sought. 7. For City or district annexations, describe the development being proposed for the territory, if any, and when this development is expected to begin. New single family home approximately 3 , 000 sq. ft. Development will begin as soon as building permit is issued. (Approximately Sep 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- 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 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 XX 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_ NOXX If YES, describe service(s) or improvement(s) and the average cost per resident/landowner of the district. service/iTrprovement: Cost: $ Syr. for yrs. $ /yr. for _ yrs. Supp. Appl. -3- 13. List all cities, special districts, (including school districts) and County service Areas located within the area of this proposal. (Exclude Santa Clara County Water District, San 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-Peninsula Open Space District Foothill Community College Dist. LANDOWNERS AND REGISTERED VUI'ERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexatoin/detactmient/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 NUst 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 ( 408 ) 253-9511 Petition Jacqueline Lo 18437 Edminton Dr. 357-11-012 $128 , 879 Sin Yen Lin Cupertino, CA (If additional space required, continue list on separate sheet & attach.) * "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll; where such person is no longer the owner, then any person entitled to be shown as owner of land on the next Assessment Roll; where land is subject to a recorded written agreement of sale, any person shown therein as purchaser, and any Public agency owning land." Government Code Section 56048. SuPP• APP1. -4- CERTIFICATE OF = CIEFE (Required for 100% Consent PrOPOsal) I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this application and that the _ (number) signatures above represent all of the owners of property included in this proposal. I FiJFU= 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 annexition/detadmlent/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/Z1P 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 annexation/detachment/re- organization if different from the landowners shown in 14a. and 14b. above. Street Address Street Address Name City/State/ZiP Name City/State/ZiP (If additional space required, continue list on separate sheet and attach.) Supp• Appl. -5- 15. Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing (in addition to the Clerk/Administrator of each affected city or district) : Street Address Name City/State/Zip (1) (2) (3) 16. I hereby certify that all 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 (Print e f person lete- Cupertino, CA 95014 (Address) 7�: e) )NOTE: I a general LAF'CO filing requirement that a copy of this appli tion filed with each school district shown on question #13 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to suh it this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met. N N BIAGCBERRY FARM FgWOSAAV hOLF COURSE LOMITA AVE. ---•� 30 �d�«-- 511f � ,uru,�EN AVE, EXISTINA ANNEXATION SCALE: I'=ICO, BYRNE AVE. 82—o4 VICINITY MAP e A ST I NOT TO SCALE 3 2o2.44' o K QFOEE hiss NAt� IQ7.83' � ���' EXImm ANNEXATION m 40-0 25538 +LOMEA AVE. CIVIL 14OF CAIAF_, APW: 357-II-012 7 LOT 21 12.010 %.FT. 0.2 8 ACRES • LEGEND - EXHIBIT S = ISOUNPARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION `rO -tHt CITY OF WPERMO --- = 13OUNDARY LINE OF EmnnED 13YRNE AVE . q5-04 EXISTINJI MINB(ATIOM OA.YE : JURY 1gg5 SCALE —— ——— — = EM67, A CITYLIMITS PsY JL .�t"�J(e.CI I ( SE POA&OX 20302 4M JOSE,CA g5160 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVENUE 95-04 JULY 1995 All that certain real property situate in the County of Santa Clara , State of California , more particularly described as follows : Lot 21 , as shown on that certain Map entitled Tract No . 150 Stevens Creek Subdivision , Map N0 . 2 , in Sec . 14 TP, 7SR2 W. , M . D.B. 6 M . , Santa Clara . California , which Map was filed for record in the Office of the Recorder of the County of Santa Clara , State of California on August 12 , 1940 . in Book 5 of Maps page( s) 4 and 5 . Containing : 12 , 010 square feet , more or less . 0 . 28 acres, more or less . A.P .N. : 357-11-012 { i 1 jr TRACT NO* _ t STEVEN5 CREEK SUBDMSION MAP No 2 0 , MARK E . THOMAS REGI5TERFD CIVIL ENGINEER J U 1-Y 1940 11 U III , III Illllll III Ili ; �1111 11t III li llll !II lii 1111{li I1 ; ; . V liell ill Ill 'III • Y -• a TW wriNAL WAY ADWWG 06W WML NL TN! WMMATIC CAICVATM 2 r. oM.. Tm compurr"I AA M.w $- lw b GrrwPROOOfi- enDATA .�. cyw-. r _ 3•1486 R STEVENS CREEK ROAD 0 t -- .. o .� p o — 20 j 2C p ' I W I EdSf 4 -'S 101 20 10 R6.009 i s{ O. C L MI O d z 18 ! I 1 .951 ACRES I w 11 P 6705 I ` ) ;� NOT ., PART OF TH15 5UBUIV151UN o 85t � I 19&15 /�, � 17 20 W Eat 189 .. I Z p 16 r ,�.?i p 325. 33 Fdst ! 311 1 $ w 1 LL 50.0'J — 1 b EdStT Ld ' IJ - p 30Ir � ,, I • 50.00 N ' Fd C cif r- ---- - - n.9b 0 W -0 I i „ � �'� �i - 29 S _ ZLLJ, o East I ; " vws r 15Q 00 - Lu I i = 24i.03 ( I v - _ cl U > O I b .Vj 'o nA u : [ ppt 8 Lv M r` 12.508 Eav `I � ,' o v CO Ln 15Q00 coo I20 s` I I ^27 ui i— — 7 1 i � ' �yl , c T•� > 0 12 ! O Z uJ E ist �I � a y tl'v CY G) m o o y k } 1 p uj N I O %1 �o East 26 ! z,J 1 .00 o- I ``I � • C15 -Dr E`I Q v uJ ~ L'Ob7 I0634 �M d j s, M I •' c$ •tiC6 .mob l z^ G 1 IQ p7 S•T•&32 z 25 ~ e•e2•so�o'.• � o c�� ; C ?A w 7i,e East32.90 d Jo d tp r I cx Cti. 24 East r _ ; d 8 FF. b1� toCe �. . O r � ( Q, I r 7 StS 1� �I r- I T r c East I - ' L2! tt .a od 2Z18.22 � D I o 1 ° z I LL 71 f�I � (fin i P � ` I ' I I ,[;J2.47 ' I � t: dSt O I v � M-83 - 1 I � o 7 D Euut v $ I , 3A 19)3.17 I g � c !9 i a W.� I n ' 20 gg , 1 :lt�UQ4 •SHEET TWO OF TWO SHEETS Z_.. _r •J`.i:y •�. +::•.� T <f - •l,tii-..r. ..�,• +t- r;1y.e !�� '. r "+1w• MM•••�j.r. . .. . •. ..cT `r .n...,,..•.•!.. yb''��,s. ,?.,.I<f� •f^,�:� . . .s .. ._. _ .:�+'• CILy or Copa'l•t in(, - NI•:(:A'I'IVI•: DI�.l:1.Al2A'I'IIIN• May 21 . 11)34 As provided by Ihr 1{)ivirmunrul ;ll A::ne::::nu•nt I'rnrrdurr , adnpled I:y the Cliv cum" ( 1 or the City or Cuperl (ou on M:n'rl: 77, 1971, nn :onended , that rnllowioi. derrriht,d prujrrl was I;ranted a Nel;at Iva' Dvvlaral inn by lilt, City Cow)cil of Ile City or Covert inn en May 71 , 191i4. 1•rn jrrl Ik•yAl1l inn-_:nd Lair::I. Imo AppI ivaI ill 4-1?A-114 Appl lt•ant I:ily ..I l:uprl•l inn (1)1:1 Moola vinla area) I. Iva l' I till: Generally Iwunded by Granada Avenor in the mirth, Imperial Aveooe In tilt- riot . I'leClellan Road In Ile ::moth :laid by the we:ae) ly hoondnry of lilt, Blackberry Farm Cmll, Galena• In the west . Ili nvret i_nn:n'y Art Im_n H- :UE211 : Prt•xuor :mid rvznor --- �pproximalely 97 arrvs within the (till Malaita Vinta area it, RI-11 (Residentlal Stngle-f:orally) , PI -7.5 (Resldi•ot tat Single-r:anlly) , P •.(Planned hevvlopmenl. with a Rosidenl i:ll 4 .4-12 dwrl Iilun Win per gruss arrt,) , P (Plamn-d nvvpinpmpnl with a Rt,tIWI ial 4 .4-7.7 dwell Init onilx per gr"x : arre) , P (Pl:omed Dvvelnlimt•w Willi Light Indn:arinl and Itenidenllal) , 11 (Planned 6,.vrlopu:enl Willi Agrirnllore/Rrri-valIonal) , :[aid III) (11ol.lir Ihrildilq;) zooln); dl:iririn.- I�indini.r: all: Ilerixinnmakirq_ CmdY That• city Cmom• il I;rno Led a Nep,at ivv Dvvlaral it'll ninre the pen jrrt Is rom;inl erll with the (4-m-ral flan and list:: no sll:nll It,not rovironmenl.al Itn/parlx. .linnet; II . S I tilt I'I:nu) lol; ltirrrimr This in to certify that the above Negative Declaration wan riled in the orrice or the City Clerk or the City or Cupertino on May 22 , 19011. / eputy City Clerk Initial. Study ... City of Cupertino Environmental Assessment Procedures E. A. File Number(s) 4-HA-84 Application File Number(s) 1-7.-84 Date February 27, 1984 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their potent--al impact on the environment. 1, 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 , hased 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. k. Detailed information regarding the •emrironmental assessment procedure is avail- able from the Director of Planning and Development. Part I Information to be completed by the Applicant Project Type (Pre)ZoningI x Tentative Map Other a Use Permit Variance OW HOoLa Vista A Pen generaiiy bounocc by rana a ven—Ci ue to thenorui,-Imperial Location Avenue to the east , McClellan Road to the st .th and by the westerly boundary of the acKuerry i•arm o r. ourse to ie wes ' . Applicant City of: Cupertino Address of Applicant 10300 Torre Avenue , Cupertino, CA 95014 Phone (408) 252-4505 General Descript'_an of Project Prezone and rezone the above areas to zoning _districts consistent with the Cenernl Plan . The nrojeot site contains apprnximately q7 acres. Rev.7/8/80 Description of Project (cont 'd. ) Soecific 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 O1 Unit type 02 Unit type 03 Unit type 04 Unit type 05 TOTAL (3) Percentage in area of building coverage Percentage in area of recreational open space (4) Parking required Parking proposed (b) If commercial , industrial, or institutional: (1) Building square footage (2) Percentage of building coverage of site (3) Estimate of maximum number of employees per shift (4) Parking required Parking proposed Ouestions Related to Potential Imoact of Protect a. Social/Cultural Impacts : Yes Navbe 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) (Page 4) B. Physical Impacts: (1) Will the project result in a change of a natural body of water, vegetative cover, or land form? X _ (2) Will the project result in a change in a scenic view or vista from existing residential area or public lands or roads? X (3) Will the project change the development pattern, scale or character of general area of project? X (4) Will the construction and/or operation of the project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? X (3) Will the project result in a change in stream or ground water quality or quantity or altera- tion of existing drainage patterns? X (6) Will the project substantially change existing noise or vibration levels in the vicinity? X (7) Is the project site on filled land or on slope of 10% or greater? X (8) Does the project involve the use or disposal of potentially hazardous materials such as toxic substances , flammable or explosive? X (9) Is the project a phase of an existing or future larger project or series of projects? X -J- Descriocion of the Environmental Settine Provide the following information an a separate attachment: (1) Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals , and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of structures . A plat plan may, be required for the description. (2) Describe the surrounding pioperties, including info ration an 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 0xhibits 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 (Signature) For �i t-r-/ PST GcIPEl��fltio (1) The nrojoct site is comprised or existing urban development including a acre gol.r course and picnic ground recreation complex. The entire area has general historic value. A few structures m= have greater hist-oriral value as separate ontities. The recreation complex is located in Lbe 100-year evcut rlood plan for Stevens Creels. (2) The project area is bordered by the Old Monti Vista Commercial. District to the north, by the Went Valley Industrial Pnrk to the east and by single—family residential neighborhoods to the south and west . Part I I Information to be complelec by City Officials A. Primary General Plan Considerations : Yes Mavbe No (1) Is the project in violation of the City of Cupertino' s adapted 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) Wi11 the project alter the housing needs of the community? x (4) Does the proposed project affect a histori- cal or archaelogical site? x (5) Will the proposed project eliminate an existing recreational use at the project site? x (6) Does the proposed project decrease public access to any public body of water or recrea- tional area? x (7) Will the proposed project alter the location, distribution, density or growth rate of the human population of an area? x (8) Will the project result in: Yes Mavbe NO (a) The disturbance of a natural or man—made feature in the project area which is unique? X (b) The obscrucrion of a .scenic vista open to the public?Y - g C. Physical Impacts : (1) Will the proposed project result in the exposure of people or property to geologic hazards such as earthquakes, landslides , mudslides, ground failure or similar hazards? X (2) Will the proposed project result in: (a) Unstable earth conditions or changes in geologic substructures? X (b) Disruptions, displacements, compaction or overcovering of the soil? X (c) Change in topography or ground surface relief features? X (d) The destruction, covering or modifica— tion of any unique geologic or physical feature? X (e) Any increase in wind or water erosion of soil, either on or off the site? X (3) Will the proposed project result in: (a) Substantial air emissions or deterioration of ambient air quality? X (b) The creation of objectionable odors? X (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X (4) Will the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X (b) Alterations to the course or flow of flood waters? X (c) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature , dissolved oxygen or turbidity? X (S) Will the project result in: Yes Mavbe NO (a) The disturbance of a natural or man—made feature in the project area which 1s unique? X (b) The obstruction of a .scenic vista open to the public? g 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 simiar 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 eater 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) W'!1 the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X (b) Alterationsto the course or flow of flood waters? X (c) Discharge into surface waters , or in any alteration of surface water quality, including but not limited to temperature , dissolved oxygen or turbidity? X Yes Havbe '40 (d) Alteration of the direction or race of flow of ground water? X (e) Change in the quantity of ground waters, either through direct additions or wich- drawals , or through interception of an aquifer by cuts or excavation? X (f) Substantial reduction in the amount of water otherwise available for public water supplies? X (g) Fxposure of people or property to water- related ha=ards such as flooding or tidal wave. X (S) 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, benchic 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 is 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 Navbe No (8) Will the proposed project involve the use, sto-rage, or disposal of hazardous materials? X (9) Will the proposed project result in : (a) Use of substantial amounts of fuel or energy? X (b) Substantial increase in demand upon existing sources of energy, or .require the development of nea sources of energy? X (10) Will the proposed project result in: (a) Generation of substantial additional vehicular movement? X (b) Effects on existing parking facilities, or demand for new parking? X (c) Substantial impact upon existing transporta- tion systems? X (d) Alterations to present patterns of circula- tion or movement of people and/or goods? X (e) Alterations to waterborne, rail or air traffic? X (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X (11) Mandatory Findings of Significance: (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species , cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal ,or eliminate important examples of the major periods of California history or prehistory? X (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure into the future.) X Yes Havbe No (c) Does the project have impacts which are individually limited, but cumulatively con— siderable? (A project may impact on two or .note separate resources where the impact on each resource is relatively small , but where the effect'of the total of those impacts on the environment is significant. ) x (d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x Discussion of Environmental Evaluation (Note: Use additional sheets if necessary.) Determination: On the basis of this initial evaluation, the Environmental Review Committee finds: ,_I That the proposed project COULD NOT have a significant effect on the environ— ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION. n That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described on an attached sheet have been added to the project. It is recommended that A NEGATIVE DECLARATION BE PRE?ARED. F__! That the proposed project HAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date an, Environmental Review �Committee Fo ' r?E;'pFiCR:(i R[OLIESTED BY I • Filst�rrfrrlran T611e Guw'.'niy Crn1�' Order No. Escrow No. -70?631 Loan No. WHEN RECORDED MAIL TO: SIN YEN LIM and ,!ACQUELINE LO , 10175 BYRNE AVE. CUPERTINO, CA 9E014 8rA:1i PT.rbr:1N:;t:IL"m r1::CtJkUE;(4 G58 h'/QLT.:�;:..,�T:�:{"i:rfC}•iE.�i Ti......... -ffr TRANSFER Me. i !JOCUP�,'i N TAHV TY NSFER TAX $ 346.40 SURVEY MONUMENT Fla: $ Cn Died rr'J•.a:titIWMPt1.P c( .fk;tt6 t4 r.ngfeery cL-r:eja7;C•r. CCm;•:m At •d+u C!a:!>16re1!:!1 Jr :aDJe fuse -uto .Y •aW.'f.7•rrik:k6 vaJnity at t!!na ct two. APN 357-11-U12 - 1 GRANT DEED ! FOR A':A1.LIABLz ',; NSIC:E%1VT,M, r+tia!i r'wtr c l is herby ?itluxledced, RICHARD A. KIMS11 and SLIE K1RK15H, husband and wits rRANT;S' to ' har6b'y _ S14 YEN UN and JEli:QUE04E !_O, husUand and wile, as joint tetianca ;I+e roai pr.: rty in c?o City of CSUPERTIN'O$ .. .. Ccunly of SANTA CL.ARA Sta:3 of . l:'cr,.ia. GECii C 3 as r-CS LEGAL i;ESCRIP1101.1 i;'s E };t's ltBi i W As 17A.1:'HM :4Ee3-M AND 't'AIDE A PART HEREOF Dat0d !tti1B 23, 1935 s0,1•i OF i32MIRD A. Kif, H On 9 r+oZ 7 1t^ �`—'f-- � c�i;E KiF1iCISli �F:Y __LS•:l"L , '1• _L� Cam. ,t1,!ti' ! „ -----_... _...____._ _. ._ ._.._.._ ..- . s; �,, en�an:o rrd'or^ro:ed!a me w+!b=:br.;-,'c ot:ailaea!urj :..ldefr..n! :o M!I:e pmzrnt') >re:ece nn•naisjf��' :'yW_•xrL•�ri i:: :Ira a!!!nn Atsh:rruM and aG.,1&6g d n rtA•V.at he-..'ct tW1K . -McOnd'w_Ear.+e In I1L^^,`+5,+�•tht-,r 1uth.;;ir:rS c<.•pa,,.itj;4 s'), wid 1"M", .. __. trr r•!dR rrh•+ir bt�nsta+u:y _nJoI:r.4�.•?tv:;t ti+r)oyfsat(o) or :hs .___._._._.._.__._- —. WRY ekl+. 'w;tci:! of w:r!ch .Ira ptzscrt;si Adel_, exAu:,.Vd ft ImAll mel* 1 111 A e,A+,.p..Cm,.cc..•:,.s:-�.4_Y.s...>...•f.1+ �7 fQt'yj', iE V;1'MS_3i my 1'.�a.i and u't!t!n; s:r,l..�.�. ~�\ '} ' ((.tom y�fli �t+� Cp:fi• r.^"t � _ + • i :l •t`!! �` /.� f i } / ?•. t=yy h. r,'3 X.�a it�'A 'fj v µf CGim iLLCL-:tx. �a,1. S ,�v •wws••ev-,r•�s�+vyr�, tair�C L't+v SV<! ' pt • EXHIBIT A • REAL *11f)NEW i:i ilit, OfJVL 14! Lot 211, 0.6 Wluwn on Owl ier A;Visd Trail 0;111!orfli[A, whidi hl,'.pwat; Mud fa, of lily ricloorde; of Me Crain!", of Salv-) Clorp" ShAle of CzNurlinl o"; Aijgurt 12. 1y40: in Soc-L 5 Of lk?j%; 4 and 5. 4 ANN. First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be dosed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penatties for failing to furnish a correct Taxpayer Identification Number. FIRSTAMERICAN TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 12772 Saratoga-Sunnyvale Road, Suite 200 Saratoga, CA 95070 (408) 867-9915 t042795kag APPLICANT: YOUR ESCROW OFFICER : LIz Floyd CALL : (408) 867-9915 FAX NO. : (408) 867-2523 Alain Pinel Realtors ESCROW ORDER NO. : 707591 Attention: Jenora Lovell TITLE ORDER NO. : 707591 214 Saratoga Avenue CUSTOMER REFERENCE : None Shown Los Gatos, CA 95030 PROPERTY ADDRESS : 10175 Byrne Avenue Cupertino, CA Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that It is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, Ilan or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of sald Policy or Policies are attached. 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 a 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 thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested. Z. Robert J. Gllardonl / True Operations Manager Order No. 707591 Page No. 2 Dated as of April 12, 1995 at 7:30 am. Title to said estate or Interest at the date hereof Is vested in: RICHARD A. KIRKISH and SUE KIRKISH, husband and wife as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, Including any assessments collected with taxes, for the fiscal year 1995-1996, a lien not yet due or payable. 2. TAXES for the fiscal year 1994-1995 1st Installment $90720, paid 2nd Installment $90720, delinquent, penalty $90.72, plus $10.00 cost Land $128,879.00 Improvements $35,147.00 Personal Property : $-0- Exemption $-0- A. P. No. 357-11-012 Code Area 63-079 3. THE LIEN of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. BUILDING SETBACK LINE as shown on the filed map Affects : Easterly 25 feet 5. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions or terms, but deleting restrictions, if any, based on race, color, religion or national origin contained in the document recorded November 6, 1940 In Book 1009, page 349, Official Records. CONTAINS mortgagee protection clause. 6. THE REQUIREMENT that an Acknowiedgement of Fu11 Satisfaction be obtained and recorded to satisfy any and all amounts due by Richard IGrkish as set forth In that Order for Support recorded June 6, 19135 in Book J365, page 1903, Official Records. Order No. 707591 Page No. 3 7. A DEED OF TRUST to secure an Indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $60,000.00 Dated May 13, 1994 Trustor Richard A. Klrklsh and Sue Klrklsh, husband and wife Trustee Serrano Reconveyance Company, a California corporation Beneficiary Home Savings of America, FSB, a Federal Savings Bank Address P.O. Box 60015, City of Industry, CA 91715-0015 Loan/Ref. No. 1675715-5 Recorded May 20, 1994, under Series No. 12506359 in Book N450, page 1271, Official Records. 8. A REVOLVING LINE OF CREDIT DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $350,000.00 Dated April 18, 1994 Trustor Richard A. Kirkish and Sue Klrkish, husband and wife as Joint tenants Trustee All-Cal Title Company Beneficiary Silicon Valley Bank Address 3000 Lakeside Drive, P.O. Box 3762, Santa Clara, CA 95054 Loan/Ref. No. None Shown Recorded June 15, 1994, under Series No. 12536771 in Book N481, page 194, Official Records. 9. A REVOLVING LINE OF CREDIT DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $None Shown Dated April 12, 1994 Trustor Richard A. Kirklsh and Sue Klrkish, husband and wife as joint tenants Trustee All-Cal Title Company Beneficiary Silicon Valley Bank Address 3000 Lakeside Drive, P.O. Box 3762, Santa Clara, CA 95054 Loan/Ref. No. None Shown Recorded June 15, 1994, under Series No. 12536772 in Book N481, page 202, Official Records. MODIFICATION pertaining to said Deed of Trust Executed by Richard A.I lridsh,Sue Kirklsh, Stair Builders, Inc., Silicon Valley Bank Recorded September 19, 19" in Book N599, page 1801, Official Records. 10. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options to purchase or rights of first refusal contained therein. 11. Prior to issuance of the ALTA Residential Policy contemplated herein, an inspection of the land must be ordered, and the fees for that service approved. Additional exceptions may be added as a result of information disclosed by the Inspection. If an Inspection is not ordered, an ALTA Standard Owners Policy may be Issued with no additional exceptions. Order No. 707591 Page No. 4 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- INFORMATIONAL NOTES ------- ---------- - ------------- -- - -------- A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: GRANT DEED From Richard A. IrJrklsh and Sue KJrkish, trustees or their successor(s) under the Richard A. KJrkish and Sue KJrkish Family Trust Agreement dated January 31, 1994 To Richard A. KJrklsh and Sue Kirklsh, husband and wife as joint tenants Recorded May 20, 1994 In Book N450, page 1269, Official Records. B) SHORT TERM rate applies. Current vestees were last insured on June 15, 19". C) No buyer run made (not furnished with order). D) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. E) IN CONNECTION with the above-numbered transaction, the following address will be shown on any 116 endorsement issued to an approved lenders policy. 10175 Byrne Avenue Cupertino, CA Order No. 707591 Page No. 5 LEGAL DESCRIPTION REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Lot 21, as shown on that certain Map entitled Tract No. 150 Stevens Creek Subdivision, Map No. 2, in Sec. 14 TP, 7SR2 W., M.D.B. & M., Santa Clara, California, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 12, 1940, In Book 5 of Maps page(s) 4 and 5. APN: 357-11-012 FIRSTAMERICAN FIRST AMERICAN TITLE GUARANTY COMPANY 1737 North First street, san Jose, CA 95112 T (408) 451-7800 ITLE GUARANTY NOTICE in accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either. 1. A seller who is an individual with a last known street address outside of California or when the disbursement Instructions authorize the proceeds to be sent to a financial Intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision Included in the Caldomia statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold IY. 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000). OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or 0 a corporation, has a permanent place of business In California, OR 3. The seller, who is an Individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined In Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent cartifficate for the purpose of avoiding the withholding requirement. The Carrfomia statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorneys, accountant's or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or dosing officer. RRSTAmmcAN TITLE GUARANTY RECORDING AWARENESS EFFECTIVE JULY 1, 1994 THE CALIFORNIA LEGISLATURE ENACTED ASSEMBLY BILL 689 WHICH STATES THAT ALL DOCUMENTS RECORDED IN THE OFFICE OF COUNTY RECORDS AFTER JULY 1, 1994 MUST COMPLY AS FOLLOWS TO AVOID PENALTIES: 1. 8 1/2' BY 11' EXACTLY, ONE SIDED 2. THE FIRST PAGE OF THE DOCUMENT MUST HAVE A 2 1/2' SPACE AT THE TOP RESERVED FOR RECORDING FOR THE FOLLOWING: A) THE RIGHT 5' FOR RECORDING INFORMATION B) THE LEFT 3 1/2' FOR RETURN MAILING ADDRESS AND WHO IS REQUESTING THE RECORDING 3. THE DOCUMENT MUST STATE THE TITLE OF THE DOCUMENT. THE DOCUMENT WILL BE INDEXED BY THAT TITLE. 4. THE DOCUMENT MUST HAVE A 1/2' MARGIN ON THE RIGHT AND LEFT SIDE 5 THE DOCUMENT IS TO BE OF QUALITY PAPER AND CONTENTS (PRINT SIZE) AND COLOR THAT WILL PHOTOGRAPH 8. ANY INSTRUMENT THAT MODIFIES ANOTHER MUST STATE THE RECORDING INFORMATION OF THE DOCUMENT BEING MODIFIED UNDER NO CIRCUMSTANCES WILL THE RECORDERS OFFICE RECORD ANY DOCUMENT OVER THE SIZE OF 8 1/2' BY 14' tF ONE PAGE OF A DOCUMENT DOES NOT COMPLY WITH THE ABOVE REQUIREMENTS, THEN ALL PAGES OF SAID DOCUMENT WILL BE CHARGED WITH A $3.00 PENALTY SHOULD THE DOCUMENT NOT COMPLY WITH ITEM 92, A SHEET MUST BE ADDED TO THE DOCUMENT THAT DOES COMPLY. THIS FORM WILL INCREASE THE COST OF RECORDING THE DOCUMENT BY ONE PAGE. YOUR FIRST AMERICAN TITLE ESCROW OFFICE HAS SAMPLES OF THIS SHEET AVAILABLE. OUESTIONS?? PLEASE CONTACT THE SANTA CLARA COUNTY RECORDERS OFFICE (408) 299-4320 �ecaoimnr wer rw NOTICc - • -•-- THJS M•9P.PAAY QR MAY NOT OE A SURVI, OF THE LAND DEPICTED HEREON IT fS NOT TO BE'REL:ED -.- =-•- ._- __. _. . -_.._. UPON FOR ANY PURPOSE OTHER THAN ORIENTING ONES SELF AS f0 THE GENERA[LOCATION OF THE PARCEL OR PARCELS OF INTEREST. FIRST AMERICAN o U f t •V! A. f R A c ! R !T ALOR DAMAGE RESULTING F-ROi�tf ! 1_ t(4CE T'-icREON oc -r•y :Ea. - . Ipern 1P n 1.? 1•' �y e.. \`\ c {�fi' a �• fllKrf MIK wrL $ -MAI Ml �],' hzj 1 ' c 7 C/ i BVRNE • AVENUE_• , xollr mLr awfa tom- -.. - + � • I — + lfi(lc' n I - A -0Uf T•VC • rRICMl4 !T ♦L. I •pF t-17 f1 K +f rlrlt l�+ pr D (�.�• / NN (p y pN C Ln A P J - Oho .p O W it •t T N O am ro g MCC n • - -maY r¢n n wnw a m•t neurw mxu: .. ..--. ! ! r mflY • BY RNE AVENUE' r r •� ~" Moll •rw-TM w r•.n•.R•Y tl'K�.1?r•s.•v F r +. •f'•• O 1 3. rr �• N wti .1. 'KLTf'�I�w�I•. I. 1w• - A rA� tr•.M•r�.ry W Wr•titi.n h.-w•w•1 LMw�l' ) I' r... rw!wa r...•a..f w . Y.r:••r.w• r W w r� .•. lr w rr.. rr•n r.r... + r. rr�•ar w nw• I . •X 4nq.w /.w 1r� N.nM ti Y•r..r OFFICE OF COUNTY ASSESSOR — SANTA CLARA COUNTY, CALIFORNIA ROOR PACE BK y 357 I I C, 25 r i" .F � �` + f� i f to �Q x.,JIf,If • 10 41,9 4�,r / ,� � ' , M.y S•Jot 7ia N rF C. /•• / "'• B M1 i , i t° REF. x,1Jal/Jf Jfo \'!ax o �' to ^?�•� �.."// / % � __ OL le NOTICE L-� f / RVEY OF THE THIS MAP MAY OR MAY NOT BE A SU LAND DEPICTED HEREON. IT IS NOT TO BE RELIED V UPON FOR ANY PURPOSE OTHER THAN ORIENTING ONE'S SELF AS TO THE GENERAL LOCATION OF THE ��xt PAR-EL OR PA C&S OF INTEREST. FIRST AMERICAN TITLE COMPAh!`:' ASSIJMES K LIABILITY FOR LOSS Iz OR DAMAGE RESULTING FRC!y1 RELIANCE THEREON.