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DATE INVOICE AMOUNT 90-3752,'1211
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KELLY-GORDON OELOPMENT CORP. 018 7
4030 MOORPARK AVE.,SUITE 125
SAN JOSE,CA 95117
(408)241-5950
PAY )IoNyN kl-t DOLLARS
TI U DATE TO THE ORDER OF DESCRIPTION NET AMOUW
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14401 BIG BASIN WAY
SARATOGA,CA 95070
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DATE INVOICE AMODNT - —90-375211211
KELLY-GORDON DEVELOPMENT CORP. 018 5
4030 MOORPARK AVE.,SUITE 125
SAN JOSE,CA 95117
f (4081 241-5950
PAY [1Jt V,,N d2er2 DOLLARS
TIME DATE TO THE ORDER OF DESCRIPTION NET AMOUN-
14401 BIG BASIN WAY
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SARATOGA.CA 95070
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DATE wvacE AMOUNT 90J752/1211
KELLY-GORDON DEVELOPMENT CORP. 018 6
4030 MOORPARK AVE.,SUITE 125
SAN JOSE,CA 95117
(408)241-5950 ('
PAY 1�M4� T �1 }\ DOLLARS
THE DATE TO THE ORDER OF DESCRIPTION NET AMOUN"
14401 BIG BASIN WAY
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SARATOGA CA 95070
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RESOLUTION NO. 9620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "BYRNE
AVENUE 96-021t, APPROXIMATELY 0.165 ACRE LOCATED ON
THE WEST SIDE OF BYRNE AVENUE BETWEEN DOLORES
AVENUE AND ALCAZAR AVENUE; IKEDA (APN 357-12-033)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.165 acre on the west side of Byrne
Avenue (APN 357-12-033) has been filed by property owner Jaime Sunao Ikeda; and
WHEREAS, on May 6, 1996, the City Council adopted resolution No. 9604
initiating proceedings for annexation of the area designated 'Byrne Avenue 96-02; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9620 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 96-02", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.165
acre.
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
C. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
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.
2
•
Resolution No. 9620 Page 3
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of June, 1996 by the following vote:
Y= Members Qf lk City Council
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Don Burnett
City Clerk Mayor, City of Cupertino
f Iuti/=9620.doc
3
EXHIBIT A
For Annexation BYRNE AVE. 96-02
All ofthat certain property situate in Santa Clara County, California described as follows:
BEGINNING at file intersection of the projection of the Northerly line of Lot 8 and the
Faslerly line of l3vrnc Avenue as shown on the Map of Tract 139 recorded in Book 4 of Maps
,u Page 43, Santa Clara County Rccords; thence along said Easterly boundary of Byrne
Avenue South 46.01 feet to the Northerly limits of incorporation of the City of Cupertino as
shown on Exhibit 13 for Annexation "Byrne Ave. 88-11"; thence along said Northerly limits of
incorporation West 50.00 feet to the Westerly boundary of Byrne Avenue, thence along said
Westerly boundary of Byme Avenue and the Westerly limits of incorporation South 13.99 feet
to the Southeasterly corner of the aforementioned Lot 8; thence leaving said limits of
incorporation and along the Southerly line of said Lot 8 West I thence
feet v the Southwesterly
corner of said Lot R; thence along the Westerly line of said Lot 8 North 60.00 feet to its
Northwesterly corner, said comer also being the Southeasterly comer of the limits of
incorporation of tite City of Cupertino as shown on Exhibit B for Annexation "San Fernando
93-01-; thence along the Northerly line of said Lot 8 and its projection East 170.00 feet to the
point of BEGINNING.
Containing 0.217 acre more or less and consisting of all of Lot 8 and a portion of Byrne
Avenue as shown on the above mentioned Map.
APN 357-12-033
Revised by Marius E. Nelsen
April 24, 1996
eROFESS/%
E.
No. 20597
yc �
s
psi CIVIL
Of CALF°�
' EXISTING ANNEXA E X H I , T B
"SAN FERNANDO 9 -01"RES. 8879 PROPOSED ANNEXATION
�
TO THE CITY OF CUPERTINO
ILOT a ENTITLED BYRNE AVE. 96 - 02
EAST
170.00' QROF ESSIp
/ /� o POB �F� p5 E. NE 'l
o /0.217 AC; /N cc �P��� G �? c!
0 o APN 357-12-033 I No. 20597
120.00' WEST tp
WEST r9l CIVIL
SOUTH I >W I Of CAUF�
13.99 ( Q 4
" I z � I
Im
30' I E
DOLOR 1" - 50'
ESA Mj_
I
I �
EXISTING ANNEXATION
II BYRNE AVE. 88-11
20� f-- 30.00'
EXISTING ANNEXATION
BYRNE
_ lLj AVE85-01
VICINITY
I�D M A P
SANFER O ACZ w AR—CUPERTINO CITY LIMITS m
z
PROPOSED ANNEXATION LIMITS DOLORES o
APN: 357-12-033
MARCH 8, 1996 SITE
REVISED APRIL 25, 1996 MC CLELLAN RD.
RESOLUTION NO. 9604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "BYRNE AVENUE 96-02",
PROPERTY LOCATED ON THE WEST SIDE OF BYRNE
AVENUE BETWEEN DOLORES AVENUE AND ALCAZAR
AVENUE; APPROXIMATELY 0.165 ACRE, IKEDA
(APN 357-12-033)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byrne Avenue 96-02" from property owner, Jaime
Sunao Ikeda; and
WHEREAS, the property, 0.165±acre on the west side of Byme Avenue between
Dolores Avenue and Alcazar Avenue (APN 357-12-033) is contiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on June 4, 1984, to
City of Cupertino R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
Resolution No. 9604 • • Page 2 '
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 96-02" at their regular meeting of June 3, 1996.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of May, 1996 by the following vote:
Vote MembCIs 4f JU CiV Council
AYES: Bautista, Chang, Dean, Burnett
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Don Burnett
City Clerk Mayor, City of Cupertino
reso1utl/res9&X.doc
2
EXHIBIT A
For Annexation BYRNE AVE. 96-02
All ofthal certain property situate in Santa Clara County, California described as follows:
BEGINNING it the intersection of the projection of the Northerly line of Lot 8 and file
Masterly line of Byrne Avenue as shown on file Map of Tract 139 recorded in Book 4 of Maps
'if page 43, Santa Clara County Records; thence along said Easterly boundary of Byrne
Avenue South 46.01 feel to the Northerly limits of incorporation of the City of Cupertino as
shown on Exhibit 13 for Annexation "Byrne Ave. 88-1 1"; thence along said Northerly limits of
incorporation 50.00
Westerly boundary
feet to file Westerly boundary of Byrne Avenue; thence along said
of Byrne Avenue and the Westerly limits of incorporation South 13.99 feet
to the Southeasterly comer of the aforementioned Lot 8; thence leaving said limits of
incorporation and along the Southerly line of said Lot 8 West 120.00 feet to the Southwesterly
corner of said Lot 8; thence along the Westerly line of said Lot 8 North 60.00 feet to its
Northwesterly corner, said corner also being the Southeasterly comer of the limits of
incorporation of file City of Cupertino as shown on Exhibit B for Annexation "San Fernando
93-01"; (hence along the Northerly line of said Lot 8 and its projection East 170.00 feet to the
Point of BEGINNING.
Containing 0.217 acre more or less and consisting of all of Lot 8 and a portion of Byrne
Avenue as shown on the above mentioned Map.
APN 357-12-033
Revised by Marius F. Nelsen
Apri124, 1996
QROFESS/0,
E. N �l
No. 20597 ,
�yl CIVIL
OF cnUE��`
EXISTING ANNEXATI EXH I B B
SAN FERNANDO 93-01"
RES. 8879 PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
rZ4�
T 8 ENTITLED BYRNE AVE. 96 - 02
EAST
1701.00' = QRpF ESS/p..
/ /� o POB h�QF�Q\�S E.
con
cc o /0.217 AC. I
o o APN 357-12-033 ' Na 20597
z �
1 00.00" WEST r-- s 9�
WEST f9r CIVI
W
SOUTH I > I Of CAUF�
13.99 ( QLd
4
z � N
-� Elfo
—� N��y�= 20'
W I
I
30' I — 1" = 50'
I DOLORES A E�
EXISTING ANNEXATION
I I I BYRNE AVE. 88-11
20 -j T— 30.00'
I EXISTING ANNEXATION
BYRNE AVE. 85-01
VICINITY MAP
SAN FER ANDO
ALCAZAR Q
—CUPERTINO CITY LIMITS m wo
z
----PROPOSED ANNEXATION LIMITS DOLORES
APN: 357-12-033
MARCH 8, 1996 SITE
REVISED APRIL 25, 1996
MC CLELLAN RD.
.County of Santa Clara �oU
Ty
Environmental Resources Agency
Building InspectiorvLand Development Engineering and Surveving
county Govemtnent Center.East Wing
70 West He.dding Street, 7111 Floor
San Jose.California 951 10 ^Tq C`F`
Bldg. Insl)ec. 14081 29Sy2351 land Devcl. 29(t2871 FAX 279-8537
April 26, 1996
Kim Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
The attached revised map dated April 25, 1996 and revised description dated
April 24, 1996, of territory proposed for annexation to the City of Cupertino entitled
BYRNE AVENUE 96-02 is in accordance with Government Code Section 56826. The
boundaries of said territory are definite and certain. The proposal is in compliance
with the Local Agency Formation Commission's road annexation policies.
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Board of StApen•istxs: Michael M. Honda. Blanca Alvarado. Ron Gonzales. James T. Beall.Ir.. Dianne McKenna
County,Executive: Richard Willenberg wie
EXHIBIT A
For Annexation BYRNE AVE. 96-02
All of that certain property situate in Santa Clara County, California described as follows:
BEGINNING at the intersection of the projection of the Northerly line of Lot 8 and the
Faslerly line of Byrne Avenue as shown on the Map of Tract 139 recorded in Book 4 of Maps
at Page 43, Santa Clara County Records; thence along said Easterly boundary of Byrne
Avenue South 46.01 feet to the Northerly limits of incorporation of the City of Cupertino as
shown on Exhibit B for Annexation "Byrne Ave. 88-11"; thence along said Northerly limits of
incorporation West 50.00 feet to the Westerly boundary of Byrne Avenue; thence along said
Westerly boundary of Byrne Avenue and the Westerly limits of incorporation South 13.99 feet
to the Southeasterly comer of the aforementioned Lot 8; thence leaving said limits of
incorporation and along the Southerly line of said Lot 8 West 120.00 feet to the Southwesterly
corner of said Lot 8. thence along the Westerly line of said Lot 8 North 60.00 feet to its
Northwesterly comer, said comer also being the Southeasterly comer of the limits of
incorporation of the City of Cupertino as shown on Exhibit B for Annexation "San Femando
93-01", thence along the Northerly line of said Lot 8 and its projection East 170.00 feet to the
point of BEGINNING.
Containing 0.217 acre more or less and consisting of all of Lot 8 and a portion of Byrne
Avenue as shown on the above mentioned Map.
APN 357-12-033
Revised by Marius 1?. Nelsen
April 24, 1996
7%V SSIp��
,`4Q�O�pS � NFlpl
Na 20597
-cc P
EP CIVIL
OF CAL1E��
EXISTING ANNEX N E.XHIMIT B
SAN FERNANDO 93-01"
RES. 8879 PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ILOT 8 ENTITLED BYRNE AVE. 96 - 02
EAST
170.00 QROf Ess/o
7
POB �Q�o �pS E.
o /0.217 AC. I ��N0. 205 r
o 0 APN 357-12-033 9�
12 00'/ WEST �Iq CIVIL
WEST I j l �F CAl1F���,
SOUTH I
3.99 I Q I 4
. I zl I
T
-1- m N
I m
30' I DOLORES A E 1" = 50'
M
EXISTING ANNEXATION
II I BYRNE AVE. 88-11
20A f— 30.00'
EXISTING ANNEXATION
BYRNE AVE. 85-01
L VICINITY MAP
SAN FER DO
z ALCAZAR a
w
—CUPERTINO CITY LIMITS m o
z
PROPOSED ANNEXATION LIMITS DOLORES o
APN: 357-12-033 SITE
MARCH 8, 1996
REVISED APRIL 25, 1996 MC CLELLAN RD.
City of Cupertino (408) 777-3249
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CORTESE-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 reorganizations, 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 96-02
Situs Address: 10411 BYRNE AVENUE
and consists of:
xx annexation to CITY OF CUPERTINO
_XXXydAAUMTWfi%& (name City/District)
of 0. 165(number of) acres on the w (n/s/e/w)
side of Byrne Avenue (Street/Avenue)
between Dolores Avenue (Street/Avenue)
and Alcazar 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 , and a map of the said territory(ies),marked Exhibit B,
are attached to this petition and by this reference incorporated herein.
4. Territory to be organized/reorganized is: inhabited.
("inhabited"= 12 or more registered voters) xx unihabited.
5. This proposal x is consistent with the Sphere of Influence
is not of the affected city and district(s).
6. The reason(s) for the proposed annexation (annexation,detachment,
reorganization, etc.) is/are: development of a new single family home and
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):
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 Street Address Assessor's Election
name below) City/State/Zip Parcel No.* or Precinct No.**
Taim g, S un o a 10'tIl 134rne AOL 357'Ia-033
eu�rFin� C44 950)'f
te: 3-5-9L Phone: ( )_
Date: Phone: ( ) _-
Date: 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.)
PROPOSAL DESIGNATION: BYRNE AVENUE 96-02
Annexation )
P;MFAKim ) t0 AW CITY OF CUPERTINO
Reorganization) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
XX CITY OF CUPERTINO as Lead Agency for environmental review of the project,
(Name of City/District)
has already PREZONED the temtory on 6/4/84
(prezoned? other approval action?) (date)
and in compliance with CEQA, has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec. (cite class exemption section.)
XX completed an Initial Study and Negative Declaration for the annexation, a copy of which
is attached to this application.
completed a Final EIR for the annexation, a copy of which is attached to this application.
_ City of Cupertino City Council is to be Lead Agency for the environmental review of the
project and the completed Environmental Information Form required by Planning staff is
attached to this application. (Planning staff phone: (408) 777-3308).
Proposal is categorically exempt form provisions of CEQA pursuant to Cal. Adm. Code
Sec. because
Suppl. Appl. -1-
CHARACTERISTICSOF THE AREA
1. Number of acres 0. 165
2. Number of inhabitants 1
3. Number of registered voters 1
4. Number of dwelling units 1
5. a. What is the present use of the area(be brief, but specific):
Single Family Residential
b. Indicate the parcel numbers of those parcels, if any, which are under contract under
provisions of the Williamson Act:
c. What steps, if any, have been taken or are proposed to be taken to release the above
parcel(s) 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):
R1-7.5
b. Does the applicant intend to propose a change in this zoning if and when the territory is
annexed to the City? YES _NO_
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.
Development of a new single family home / Development to begin
upon completion of annexation. Approx. May 1996
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 xx
If YES, answer the following questions:
a. Number of acres in the island, corridor or strip? (If more than one island
is being created, indicate the acreage of each island.)
b. Number of inhabitants?
c. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation of an island?
YES—NO—
If YES, explain why creation of an island is justified?
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in the City or District's
urban service area: YES xx NO_
11. If new development is proposed on the site, will this new development be permitted without
community sewage discharging into an existing sanitary sewer system and disposal plant?
YES _NO xx
If YES, what arrangements will be made to provide sewage disposal?
Suppl. Appl. -3-
12. Will the extension of sewerage and/or water services or the construction of any public
improvements to the affected territory be financed by the formation of a special assessment
district? YES NO xx
If YES, describe service (s) or improvement(s) and the average cost per resident/landowner
of the district.
Service/improvement:
Cost: $ /yr. for ors. $ /yr. for ors.
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 Elem Sch District Cupertino Sanitary District
Fremont Union High Sch District Mid-Peninsula Open_n Space District
Foothill Community College District
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexation/detachment/reorganization 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.
Date (Print name below) City/State/Zip Tel. No. Parcel No. Value of Land
See
v�«:«:�_. Jaime Sunao Ikeda 10411 Byrne Ave. -A 57-19-p,3A $14-399
Cupertino, CA 95014
*See next page
Suppl. Appl. -4-
* "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.
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 a of person compl otm
g this Cupertino, CA 95014
Ztion
3 zv
(Signatur ) (Date)
NO : It is a gener LAFCO filing requirement that a copy of this application be filed with each
school district shown on question#13 of this document if the proposal involves ultimate new
residential development of five acres or more. It is the City's responsibility to submit this
information to the appropriate school district(s) and the signature above is considered verification
that this filing requirement has been met.
Suppl. Appl. -5-
CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located within the
annexation/detachment/reorganization proposed by this application and that the _(number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
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
a. Owners of land within the proposed annexation/detachment/reorganization 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 and attach.)
b. FOR NOT-100% CONSENT PROPOSALS, fist all registered voters residing in the
territory proposed for annexation/detachment/reorganization 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.)
Suppl. Appl. -6
EXHIBIT A
For Annexation BYRNE AVE. 96-02
All of that certain property situate in Santa Clara County, California described as follows:
BEGINNING at the intersection of the projection of the Northerly line of Lot 8 and the
Easterly line of Byme Avenue as shown on the Map of Tract 139 recorded in Book 4 of Maps
at Page 43, Santa Clara County Records; thence along said Easterly boundary of Byrne
Avenue South 36.01 feet to the Northerly limits of incorporation of the City of Cupertino as
shown on Exhibit B for Annexation`Byrne Ave. 88-11"; thence along said Northerly limits of
incorporation West 50.00 feet to the Westerly boundary of Byrne Avenue; thence along said
Westerly boundary of Byrne Avenue and the Westerly limits of incorporation South 23.99 feet
to the Southeasterly comer of the aforementioned Lot 8; thence leaving said limits of
incorporation and along the Southerly line of said Lot 8 West 120.00 feet to the Southwesterly
corner of said Lot 8; thence along the Westerly line of said Lot 8 North 60.00 feet to its
Northwesterly comer, said comer also being the Southeasterly comer of the limits of
incorporation of the City of Cupertino as shown on Exhibit B for Annexation "San Fernando
93-01"; thence along the Northerly line of said Lot 8 and its projection East 170.00 feet to the
point of BEGINNING.
Containing 0.207 acre more or less and consisting of all of Lot 8 and a portion of Byrne
Avenue as shown on the above mentioned Map.
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Of CALIF��
EXISTING ANNEXATR EXHI B
RAN FERNANDO 93-01"RES. 8879 PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ILOT 8 ENTITLED BYRNE AVE. 96 - 02
EAST
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EXISTING ANNEXATION
BYRNE AVE. 88-11
20
30.00'
--I
EXISTING ANNEXATION
BYRNE AVE. 85-01
VICINITY MAP
> SAN FER At4DO
>
ALCAZAR a
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—CUPERTINO CITY LIMITS m z
PROPOSED ANNEXATION LIMITS DOLORES o
APN: 357-12-033 SITE
MARCH 8, 1996 MC CLELLAN RD.
* OLD REPUBLIC TITLE COMPANY
i• * * *'� 20421 STEVENS CREEK BLVD. • CUPERTINO,CAUFORNIA . 95014 . (408) 255-5880
PRELIMINARY REPORT update
Issued for the sole use of: Our Order No. 430778—CW
Alain Pinel Realtors Reference
12772 Saratoga Sunnyvale Road
Saratoga, California
When Replying Please Contact:
Attention: Melanie Kemp Clara Wehrfritz
Buyer: Kelly Gordon Development
Corporation
Property Address: 10411 Byrne Avenue, Cupertino, California
In response to the above referenced application for a polity of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in
Exhibit A 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 hereto) is issued solely for the purpose of facilitating
the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability
be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be
requested.
Dated as of February 25th , 19 96 , at 7:30 A.M.
OLD REPUBUC TTT1E COMPANY
For Exceptions Shown or Referred to,See Attached
Page 1 of 6 Pages
CRT 3157-A (Rev. 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 430778—CW
update
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage — 1990, Owner's Policy. A specific request should be made if
another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a TEE.
Title to said estate or interest at the date hereof is vested in:
JAIME SUNAO IRIDA, Trustee of the 1995 William C. Ziegler and Lucille D. Ziegler Revocable
Trust dated March 30, 1995
Page 2 of 8 Pages
ORT 3157-A1 (Rev 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 430778-CW
update
The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated
State of California, and is described as follows: area,
LOT 8, as delineated upon that certain Map entitled "Tract No. 139 Stevens Creek
Subdivision Map No. 1 in Sec. 14 To. 7 S.R. 2 W. , M.D.B. L M. , Santa Clara
County, California", filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on May 27th, 1940 in Book 4 of Maps,
at Page 43
357-12-033
63079
CMCu
A357-12-33
7-18-95
Page 3 of 6 Pages
ORT 3157-C
OLD REPUBLIC TITLE COMPANY
ORDER NO- 430778-CW
update
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as -
follows:
1. Taxes for the fiscal year 1995-96. Bill No. : 357-12-033 Code Area: 63079
First Installment: S206.03, has been paid
Second Installment: $206.03, a lien, due and payable
The above installments include a property tax exemption of $7,000.00
2. Taxes for the fiscal year 1995-96. Bill No. : 357-12-033-99 Code Area: 63079
First Installment: $108.00, has been paid
Second Installment: $108.00, a lien, due and payable
The above installments include a property tax exemption of $7,000.00
3. Supplemental taxes, general and special, for the fiscal year 1995 - 1996 on
July 28th, 1995 as follows: Assessor 's Parcel No. 357-12-033-51
1st Installment : $65.20 Marked Paid
2nd Installment : $65.20 Delinquent on June lst, 1996
4. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, et seq. , of the Revenue and Taxation Code of the State of
California.
5. Building set-back line as shown on the filed Map.
Affects 25 feet from Byrne Avenue
6. Covenants, Conditions and Restrictions which do not contain express
provisions for forfeiture or reversion of title in the event of violation, but
omitting any covenants or restrictions if any, based upon race, color, religion,
sex, handicap, familial status, or national origin unless and only to the extent
that said covenant (a) is exempt under Chapter 42, Section 3607 of the United
States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as provided in an instrument
Recorded June 8th, 1940 in Book 989 of Official Records, Page 155
Modification thereof, but omitting any covenants or restrictions if any, based
upon race, color, religion, sex, handicap, familial status, or national origin
unless and only to the extent that said covenant (a) is exempt under Chapter 42,
Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicapped persons.
Recorded April 18th, 1944 in Book 1198 of Official Records, Page 276
Said Covenants, Conditions and Restrictions provide that a violation thereof
shall not defeat or render invalid the lien of any Mortgage or Deed of Trust
made in good faith and for value.
Page 4 of 6 Pages
ORT 3157-D
• OLD REPUBLIC TITLE COMPANY
ORDER NO- 430778-CW
update
7. Deed of Trust to secure an indebtedness of the amount stated below and any
other amounts payable under the terms thereof,
Amount $178,000.00
Trustor/Borrower William C. Ziegler and Lucille D. Ziegler, husband and
wife, and Jaime S. Ikeda, a single man
Trustee MMC Corp. , a California corporation
Beneficiary/Lender : Medallion Mortgage Company, a California corporation
Dated July 7th, 1995
Recorded July 18th, 1995 in Book N921 of Official Records, Page
1785
Returned to Address: 12377 Merit Drive, Ste. 600, Dallas, Tx. 75251
The record beneficial interest under said Deed of Trust as a result of the last
recorded assignment thereof is,
Vested In Accubanc Mortgage Corporation, a corporation
by instrument
Recorded February 13th, 1996 in Book P202 of Official Records, Page
1752
8. That a Certification of Trustee be furnished in accordance with Probate Code
Section 18100.5.
-------------------- Informational Notes --------------------
1. The last recorded instrument(s) conveying record title to the premises
is/are:
A deed executed by Myles D. Erickson et ux to William C. Ziegler and Lucille D.
Ziegler, his wife, as joint tenants, recorded April 5th, 1950 in Book 1957 of
Official Records, Page 93
A deed executed by William C. Ziegler et ux to William C. Ziegler and Lucille D.
Ziegler, husband and wife, as to an undivided 95% interest and Jaime S. Ikeda, a
single man, as to an undivided 58 interest, all as tenants in common, recorded
July 18th, 1995 in Book N921 of Official Records, Page 1783
A deed executed by William C. Ziegler et al to Lucille D. Ziegler and Jaime
Sunao Ikeda, Trustees of the 1995 William C. Ziegler and Lucille D. Ziegler
Revocable Trust dated March 30, 1995, recorded July 28th, 1995 in Book N939 of
Official Records, Page 1623
Page 5 of 6 Pages
ORT 3137-E
OLD REPUBLIC TITLE COMPANY
ORDER NO. 430778—CW
update
The last conveyance affecting said land recorded within the last two years,
prior to the date of this Report are:SEE ABOVE
2. Please obtain a Statement of Information from Jaime Ikeda, in order to
determine marital status. If married, the name of the spouse must be run to
complete this report.
3. The mailing address of the vestee as shown in the records is:10411 Byrne
Avenue, Cupertino, Ca. 95014
Page 6 of 6 Pages
ORT 3157-E
i
TRACT NO 139
STEVENS CREEK SUBDIVISION Iv1AP No I
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• EXHIBIT •
CAUFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POUCY- 1990
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; 00 the character, dimensions
or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or
or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policv.
(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 affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) 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
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which
the land is situated.
S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fads which a correct survey would disdose,
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 W are shown by the public records.
AMERICAN LAND TM.E ASSOCIATION OWNER'S POUCY- 1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (H) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect , lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
ORT 3157-F(Rev 1-1-95) ( Continued on next page )
• EXHIBIT A(Continued) •
, 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at
the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy; or(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 (Rev. 1992)
WITH A-L-TA ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy,use or enjoyment of land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at
the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is
afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner
of the indebtedness to comply with applicable-"doing business laws" of the state in which the land is situated.
5. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
G) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer, or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.LTA ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (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
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.
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
( Continued on next page )
ORT 3157-G (Rev 1-1-95)
EXHIBIT A(Continued)
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similiar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY- 1987
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date.
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land. '
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry
of parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions
in patents or in acts authorizing the issuance thereof.
ORT 3157-H (Rev 1-1-95)
i�
Citv of Cupertino
NIX:ATIVIi DECLARATION-'
M.ty 21 . 1984
As provided by the Environmvutal Assessment Procedure, adopted by the City
Council of tilt City of Cupertino on March 27, 1973. as amended, the following
described project was granted a ',egative Declaration by the City Council of
the City of Cupertino on May 21. 1984.
Pro cct Description and I,acation
Application 4-EA-84 Applicant: City of Cupertino (Old Monta Vista area)
Location: Generally bounded by Granada Avenue to the
north, Imperial Avenue to the east,
McClellan Road to the south and by the
westerly boundary of the Blackberry
i Farm Golf Course to the west.
t
Discretionary Act inn Request: Prezone and rezone
approximately 97 acres within the Old Monta Vista
area to R1-8 (Residential Single-family) , R1-7.5
(Residential Single-famllv), P (Planned Development
with a Residential 4.4-12 dwelling units per gross
acre), P .(Planned Development with a Residential
4.4-7.7 dwelling units per gross acre), P (Planned
Development With LiP.ht Industrial and Residential),
P (Planned Development with Agriculture/Recreational),
and BQ (Public Building,) zoning districts.
Findings of Declslnnmakln�&tdy
The City Council granted a Negat ivo Dec larat lon since the project i>; c.•ln;i st ent
- with Lhe General Plan and has no signifirant environmental impacts.
lam,•s 'I. --
P�Lrector
1.
This is to certify that the above Negative Declaration waa filed
in the office of the City Clerk of the City of Cupertino on May
22, 1984.
eputy City Clerk
Initial �y
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4-t•:A-84
Application Fil a Number(s) 1-7.-84
Date Fehrunry 27, 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their pccene:ial
impact an the environment.
This wcrksheet is intended to provide guidance for both you, the applicant, and
City officials in assessing a proposed project to determine whether it may or
may not have a significant impact an the environment.
If, based upon the information provided' below, the City makes a determination that
your project may have a significant impact on the environment, you.will be required
to prepare an Environmental Impact Report as provided by State law and the City
of Cuper.tino 's Environmental Assessment requirements. �.
Detailed information regarding the 'environmental- assessment procedure is avail-
able from the Director of Planning and Development.
Part I
Information to be completed by the Applicant
Project Type (Pre)Zcning l Tentative Map L I Other
Use Permit Variance
0 d o"La Vista Area generaily bountlee oy Gran aoa venT ue to the nort`u,"Iruperial
Location Avenue to the east, McClellan Road to the sc .th and by the westerly boundary of
the 1acRbl:rry 1•arm aLC Lourse to the was ".
Applicant City or: Cupertino
Address of Applicant 10300 Torre Avenue, Cupertino, CA 95014 Phone (408) 252-4505
General Description of Project Prezone and re-one the above areas to zoning
districts consistent with the General Plan . The nroject site contains approximately
97 acres.
n— ' /a 'In
Description of Project (cont 'd. )
Soecific Details of the P—oiec'
1. Size of Site N/A
2. Lzcensicy of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule:
Owner— No, of Size Estimated Total
Reucal ship Bedrooms ISq.fc. ( Sales Price ( Number
Unit type 01
Unit type 02
Unit type 03
Unit type 04
Unit type 05
IG TAL
(3) Percentage in area of building coverage
Percentage Li 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) Escimace of maximum number of employees per shift
(4) Parking required Parking proposed
Cuesticns Refaced to Pace-ntial Impact of P-ciect
A. Social/Cultural Impacts : Yes Mavbe No
(1) Will the proposed project result in the dis-
placement of people? x
(2) Will the project after the employment base
of the cctmunicy? 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 fora? X
. (2) Will the project result in a change in a scenic
view or vista from existing residential area
or public lands or roads? V
(3) WiL 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, fames or
odors in the vicinity? X
(S) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns? X
(6) W111 the project substantially change existing
noise or vibration levels in the vicinity? X
(7) Is the project site on filled land or on
slope of 10Z or greater? X
(8) Does the project involve the use or disposal-
Of potentially hazardcus materials such as
toxic substances , flammable or explosive? X
(9) Is the project a phase of an e- sting or
future larger project or series of projects? X
-3-
Descriocion of the Env' *onmental Sec-ins!
Provide the following information on a separate attachment:
(1) Describe the proiect site as it exists before the project,
including information on topography, soil stability, plants
and animals , and any cultural , historical or scenic aspects.
Describe any existing structures on the site, and the use of
structures. A plot plan may, be required for the description.
(2) Describe the surrounding .pzoperties, including information on
plants and animals and any cultural, historical or scenic
aspects. Indicate the type of land use (residential, commer-
cial, etc. ) , intensity of land use (one-family, apartment
houses , shops, department stores, etc. ) , and scale of devel-
opment (height, frontage, set-back, rear yard, ecc. ) .
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements, and :Information pre-
senced are true and correct to the best of my knowledge and
be-lief. /
Date/1��/!%4' �a
(Signature)
For -- t-r-/ 0 F LCJPE r1Na
(1) The project site is comprised of e>.lsting urban development including n
acre golf course and picnic ground recreation complex. The entire area
has general historic value. A few structures mny have greater histuric-nl
value ns separate entities. The rcrrentinn complex is located In the
loo-year event rlood plan ror Stevens Creek.
(2) Tice project area is bordered by the Old Monti Vista Commercial District
to the north, by the West Valley Industrial Parlt to the east and by
single-Inmily residential neighborhoods to the south and west .
Farf I I
Information to be completed by City Official
A. Primary General Plan Conside.ations : Yes * -,,be 8o
(1) Is the project in violation of the City of
Cupertino' s adopted General Plan?
(2) Will the project burden public utilities and
services?
(a) Fire and police services X
(b) Parks and recreation system x
(c) Schools X
(d) Water system X
(e) Sever system X
(f) Storm system x
(g) Solid waste 1 x
(3) Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County Local Agency Formation Commission? x
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people? x
(2) Will the project alter the employment base
of the community? x
(3) Will the project alter the housing needs
of the community? x
(4) Does the proposed project affect a histori-
cal or archaelogical site? X
(5) Will the proposed project eliminate an
existing recreational use at the project site? x
(6) Does the proposed project decrease public
access to any public body of water or recrea-
ticnal area? x
(i) 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 ebscructicn of a .sce^.—c vista open to
the public? v
C. Physical Impacts:
(1) Will the proposed project result in the exposure
of pe?pie or property to geologic hazards such
as earthquakes, landslides , mudslides, ground
failure or similar hazards? X
(2) W+?1 the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures) X
(b) Disruptions, displacements, compaction or
evercovering 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 Grind 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) 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) Alterations to the course or flow of
flood waters? X
(c) Discharge into surface wavers , or
in any alteration of surface water quality,
including but not limited to temperature ,
diseolved oxygen or turbidity? X
(a) W'll the project result in: Yes Mavbe No
(a) I'ne disturbance of a natural or man-made
feature in the project area which is unique? V
(b) She obstruction of a .scenic vista open to
the public? v
C. Physical Impacts :
(1) Will the proposed project result in the exposure
of people or property to geologic hazards such
as earthquakes, lands-" ides, mudslides, ground
failure or s_Jmilur hazards? X
(2) Wi11 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
(a) 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? %
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the race and amount of surface
water runoff? X
(b) Alterations to the course or flow of
flood waters? X
(c) Discharge into surface waters, or
in any alteration of surface water quality,
including but not limited to temperature,
diaeolved oxygen or turbidity?
Yes Macbe No
(d) Alteration of the direction or rate of flow
of ground water? X
(e) Change in the quantity of ground waters ,
either through direct additions or with-
drawals , or through interception of an
aquifer by cuts or excavation? ;
(f) SubscanciaL reduction Ln the amount of
water otherwise available for public water
supplies? X
(g) Exposure of people or property to water-
related ha=ards 'such as flooding or tidal
wave. X
($) 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 1
an area, or in a barrier to the normal
replenishment of existing species? X
(d) Reduction in acreage of any agricultural
crop? X
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? X
(f) Reduction'of the numbers of any unique,
rare or endangered species. of animals? X
(g) Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? X
(h) Deterioration to existing fish or wildlife
habitat? X
(6) Will the proposed project result in:
(a) Increase in existing noise levels? X
(b) Exposure of people to severe noise levels? X
M 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? {
Yes Havbe No
(8) Will the proposed project involve the use,
storage, or disposal of hazardous materials? X
(9) Will the proposed project result in:
(a) Use of substantial amounts of fuel or
energy? X
(b)' Substantial increase in demand upon existing
sources of energy, ar .require the development
of new sources of energy? X
(10) Will the oropcsed project result in:
(a) Generation of substantial additional vehic--Aar
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-
tian or movement of people and/or goods? X
t
(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, substanciaLly
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
impartanc examples of the major periods of
California history or prehisror-- 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 Navbe No
(c) Does the project have impacts which are
individually limited, but cumulatively con—
siderable? (A project may impact on two or
^are separate resources where the impact on
each resource is relatively small , but where
the effect'of the coral of those impacts
on the environment is signLficant. ) g
(d) Does the project have enrironmenca. effects
which will cause substantial adverse
effects on human beings, either directly or
i•Idireccly?
Discussion of Environmental Evaluation
1
(Noce: Use additional sheets if necessary.)
Determination:
On the basis of this initial evaluation, the Environmental Review .Commitree finds:
1 That the proposed project COULD NOT have a significant effect on the environ—
ment, and therefore recommends the CRANTINC OF A NEGATIVE DECLARATION.
n That, altheugh 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 projecc. It is recommended that A NEGATIVE DECLARATION BE PREPARED.
�i That the proposed project MAY have a significant effect an the environment,
and an E:MIRONMENTAL IMPACT REPORT is required.
Date
�.
an, Environmental Rev'iJfew�Co�maittee
For