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89,334 Annex 96-06 HU 89,334 ANNEXATION 96-06 _ HU Greenleaf Dr. IL • CITY OF CUPERTINO . RECIIPT � No. 92894 • DATE 1LiR,l1� . RECEIVED ,/ /// FROM / /� ADDRESS . CASH EME" MONEY . ORDER OOLURS CEMM I-L41 )ka IC • RECEIVED 32316 CI�/M�115WE55$YROIES.RIC-.IMbl x9-2B)5 • City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408)777-3354 CITY OF FAX: (408)777-3333 CUPEI�T1N0 PUBLIC WORKS DEPARTMENT February 27, 2002 Fu-King Hu&Terry Lam Hu 2077 Crist Drive Los Altos,CA 94024 Dear Mr. & Mrs. Hu: As you may recall,the City required that you make a commitment to annexation,even though you were allowed to build your home(located at 20889 Greenleaf Drive) in the County. Therefore,the annexation process remained in a pending status until pre-zoning of the Garden Gate area was finalized. In December 2001, the entire Garden Gate area was annexed to the City. Enclosed please find your voided check numbers 129 and 128,payable to the County of Santa Clara and the Santa Clara County Local Agency Formation Commission.A check request has been forwarded to our Finance Department to refund the annexation fee of $513.00 that you paid to the City. If you have any questions, please feel free to phone me at(408) 777-3249. Thank you. Sincerely, City of Cupertino Nancy ee Engineering Technician Enclosures Printed on Recycled Paper = M E T R O S.A N P R O P E R T Y P' O F I L E _ Santa Clara (CA) * + + + + + * < < < OWNERSHIP INFORMATION> > > + + * Owner :Hu Fu-King/Terry Lam Parcel Number :318 24 051 * CoOwner Bldg Id No :1 * Site Address:2077 Crist Dr Los Altos 94024 * Mail Address:2077 Crist Dr Los Altos Ca 94024 * Phone :Owner:650-938-9271 Tenant: * < < < SALES AND LOAN INFORMATION > > > + + * Transferred :08/14/1997 Loan Amount :$400,000 * Document # :13814693 Lender :American Savings Bank * Sale Price Loan Type :Conventional * Deed Type:Correction Interest Type :Fixed * 8 Owned :100 Vesting Type:Communit Ppty * + * < < < ASSESSMENT AND TAX INFORMATION> > > * Land :$423,871 Exempt Type * Structure:$625,000 Exempt Amount * Other Tax Rate Area :11000 * Total :$1,048,871 01-02 Taxes :$12,096.38 * Improved :60 * * + + * < < < PROPERTY DESCRIPTION > > > + + * Census:Tract:5100.02 Block:2 * Map Grid :832 A5 * Zoning:R1B2 Res Single Family Residence * Land Use :01 Res,Single Family Residence * Sub/Plat :Wincal Tract * Legal :TR 952 LOT 34 + + * < < < PROPERTY CHARACTERISTICS> > > + + * Total Rms:10 Bldg SF :2,949 Units YearBuilt:2000 * Bedrooms :4 Lot SF:9,825 Patio :No EffYearBlt :2000 * Bathrooms:3.00 Lot Acres: .23 Porch :Yes Garage Sp:2 * Stories :1 Lot Dimen:75x131 Elevator Garage SF:462 * Dining Rm:l Cnt1Ht/Ac:Both Lease SF : Bldg Cond:Avg * Family Rm:2 Pool :No Office SF: Bldg Class :7.5 * Rec Room Fireplace: Sprinkler: Bldg Shape :H-Shape * UtilityRm:l Sauna lstFlr SF:2,949 GarageTyp:Garage * Water Src: Dishwsher: 2ndFlr SF: WallHgt * Elect Svc: Tennis Ct:No 3rdFlr SF: AddtionSF: * Gas Svc FrameType:Wood Rental SF: * * Information compiled from various sources. Real Ralate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. FU-KING HU 129 TERRY LAM HU /� p/ 90-7118/117 1024 GEDDY WAY Date / //b 3211 FREMONT, CA 94639-5946 009050=45 I $�,��j�e-o C�Lu-4:- Dollars e CMBANCO' C I T I G O L D' CITE FSB. Q UNlpl T'.GWN! L aQ��/ Gl —- i: 3 2 117 1 184i: 0000 5008 3 24 5jl' 0129 FU-KING HU 128 TERRY LAM HU 90- 1131117 1024 GEDDY WAY 3211 Date FREMONT, CA 94539-5946 000050083245 �avm �* CQ $ v�r oreer,�,a,QQ Dollars B, CMBAW0' C I T I G O L D' CRIBMYf.VS lmmwT011G0 UNIOM�CfRY.GYWi !y O�'H .MrmgrClHY4P�G'�/G-YI AWL- 0✓2pst/2A� _ ZOC.� r is321i7Li84l: 0000 5008 3 2 4 5ii' DUB RECGRDINU REQUESTED BY P 2 3 4 PQ GE Z O 4 4 1 3 21 8 9 7 2 Frst Am^.rican Title Guaranty Company REC rcE Order No. r'�NFLoan No. , _ Escrow No. 708551 �kICAO I ?ecorarc.8'1 the Regj (of WHEN RECORDED MAIL TO: flrCe PI(SiriClrfl[�fI111tI8GU3f2fryco. JEM Fuking Hu and Terry L. Hu SHP7 MAR 0 7 1996 8:00 A.M. 20889 Greenleaf Road r or')iz BRENDP,DAVIS, Recorder Cupertino, CA 95014 SarmaClaraCount ,official RecordS SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO: The undersigned grantor(s) doclare(s): CITY TRANSFER TAX $ � ' C DOCUMENTARY TRANSFER TAX $379.50 SURVEY MONUMENT FEE $ Xt computed on the consideration or value of property conveyed;OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. APN 326-09-010 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, All Mirzaei and Ferri Mirzaei, husband and wife Photographic image may be Poor due to condition of hereby GRANT(S) to \original document. Fuking Hu and Terry L Hu,, husband and wife as Joint Tenants the real property in County of Santa Clara ,State of California, described as SEE LEGAL DESCRIPTION AITMHED HERETO AND MADE A PART HEREOF Dated March 5, 19% STATE OF CAL1F NIA }Sa. All M* I COUNTY OF c T�iC, (TC n C.on 1 01 before me, � (v / pelsonav Ferri Mirzaei appeared Ali Mirzaei and Ferri Mirzaei personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) are subscribed to the within instrument and acknowledged to me that he/she(, executcd the sama in his/he�authcr¢ed capacity(ies), and that by his/he air 'gnature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. SUS AN E.TAl'lQt 11 WITNESS tm ha0d and official seal ;WNO SM�Signature mnDomtltsr2Y.IQW4 GD.DOC(ROW"4) MAIL TAX STATEMENTS AS SHOWN ABOVE fFhls area nor otl cw notenel"all • Pa4 PAGE 2045 EXHIBIT A REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Lot 8, as shown on that certain Map entitled Tract No. 783 Garden Gate Village Addition, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 6, 1950, in Book 30 of Maps page(s) 30, 31, 32 and 33. EXCEPTING THEREFROM all water rights, interest or claims whether riparian, appropriated, prescriptive or otherwise appurtenant to said land or otherwise, as reserved in the Deed from John F. Alves, et ux to Calor Construction Co., dated August 10, 1950, recorded August 11, 1950 in Book 2033 of Official Records, page 130. APN: 326-09-010 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 penalties for failing to furnish a correct Taxpayer Identification Number. FIRSTAMERIGAN 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 t012696kag APPLICANT: YOUR ESCROW OFFICER : Sue Taylor CALL : (408) B67-9915 FAX NO. : (408) 867-2523 Alain Pinel Realtors ESCROW ORDER NO. : 708551 Attention: Sophia Deng Johnson TITLE ORDER NO. : 708551 12772 Saratoga-Sunnyvale Rd. CUSTOMER REFERENCE : None Shown Saratoga, CA 95070 PROPERTY ADDRESS : 20889 Greenleaf Drive 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, 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 form. The printed Exceptions and Exclusions from the coverage of said 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. F4-v ZI Robert J. Gilardoni Title Operations Manager Order No. 708551 Page No. 2 Dated as of January 12, 1996 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: ALI MIRZAEI and FERRI MIRZAEi, 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. TAXES for the fiscal year 1995-1996 1st Installment : $1,058.76, paid 2nd Installment : $1,058.76, unpaid Land : $72,554.00 Improvements : $124,705.00 Personal Property : $-0- Exemption $7,000.00 A.P. No. 326-09-010 Code Area 63-052 2. ADDITIONAL TAXES for the fiscal year 1995-1996 1st Installment $108.00, paid 2nd Installment $108.00, unpaid A. P. No. 326-09-010-99 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. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions or terms, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), contained in the document recorded September 8, 1950 in Book 2049, page 637, Official Records. CONTAINS mortgagee protection clause. MODIFICATION thereof recorded November 22, 1950 in Book 2101, page 146, Official Records. 5. THE EFFECT of a Homestead Declaration By All Mirzael and Ferri Mirzaei Date Executed January 3, 1984 Recorded January 13, 1984 in Book t229, page 589, Official Records Order No. 708551 Page No. 3 6. 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 $227,500.00 Dated November 13, 1989 Trustor Ali Mirzaei and Ferri Mirzaei, husband and wife as joint tenants Trustee Imperial Corporation of America, a Delaware corporation Beneficiary Design Lenders Incorporated Address P.O. Box 81866, Dept. 8356, San Diego, CA 92138-9619 Loan/Ref. No. 801-SM19 Recorded November 22, 1989, under Series No. 10337030 in Book L175, page 1118, Official Records. THE BENEFICIAL INTEREST thereunder was assigned to United Savings Association of Texas FSB by various assignments of record, the last of which recorded December 5, 1991 in Book L955, page 2123, Official Records. Address : 3200 S.W. Freeway, Suite 2000, Houston, TX 77027 7. ABSTRACT OF JUDGMENT for the amount herein stated and any other amounts due Court Municipal Court, Santa Clara County Case No. DC85 113173 Debtor All Mirzaei Soc. Sec. No. 568 76 8012 Dr. Lic. No. None Shown Creditor Business Team, Inc., c/o Robert S. Sturges, Esq., 1960 The Alameda, San Jose, CA 95126 Amount $7,800.00 Entered November 9, 1988 Recorded December 13, 1985 in Book K786, page 505, Official Records Attorney Richard M. Fisher, Esq. Address c/o Caputo, Liccardo, Rossi, Sturges &McNeil, 1960 The Alameda, San Jose, CA 95126-1432 Telephone (408) 244-4570 An Attachment Lien is endorsed on said Judgment in the amount of $7,545.32. 8. THE EFFECT of that Notice of Building Code Violation recorded on January 7, 1991 in Book L585, page 1720, Official Records. Order No. 708551 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: None B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years. 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. 20889 Greenleaf Drive Cupertino, CA Order No. 708551 Page No. 5 LEGAL DESCRIPTION REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of Califomia, described as follows. Lot 8, as shown on that certain Map entitled Tract No. 783 Garden Gate Village Addition, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 6, 1950, in Book 30 of Maps page(s) 30, 31, 32 and 33. EXCEPTING THEREFROM all water rights, interest or claims whether riparian, appropriated, prescriptive or otherwise appurtenant to said land or otherwise, as reserved in the Deed from John F. Alves, et ux to Calor Construction Co., dated August 10, 1950, recorded August 11, 1950 in Book 2033 of Official Records, page 130. APN: 326-09-010 ASTAN FIRST AMERICAN TITLE GUARANTY COMPANY 1737 North First street, san Jose, CA 95112 TITLE GUARANTY (408) 451-7800 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 rise of the dnspositlon Of California real property interest try either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement s to be sent to n finarnial intermediary ofthe seller, OR instructions authorize the proceed 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 (SSW). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be Subject to penalty for failure to withhold it 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars (S100,000), OR te, under the penalty of Perjury, California. oSrtlfyirrp that the seller is a resident of 2. The seller executes written r C or lt a corporati ce on, has a permanent place of business in California. OR a written oertlecate, older the Penalty d Perjury, that the Calffomia real 3. The seller, who is an individual, executes residence ("defined in Section 1034 of the Internal Revenue Code). property being conveyed is the seller's prir>ciPai The seller is subject to penalty for IvrowirrpN filling a for the purpose of avoiding the withholding requirement. vrtddu authorize the Franchise Tax Board to grant reduced The California statutes referenced above K �� withholding and waivers from withholding on a The parties to this transaction should Seek an attorneys, accounta"I's or other tax r omittspecialed opinion row concerning � effect of this law on this transaction and should not act on any statements made or omitted by the escrow or dosing officer. Fi CAN TITLE GUARANTY RECORDING AWARENESS EFFECTIVE JMY 1, 1994 THE BLY BILL 689 VMICH STATES TKAT ALL DO CUMENTS RECORDED IN THE OFF NA 0 COUNTY OUSLATURE ECTED MNTY RECORDS AFTER ULY 1, 1994 MUST COMPLY AS FOLLOWS TO AVOID PENALTIES: 1 6 1/2• By 11• EXACTLY, ONE SIDED TORE HE DOCUMENT MU RECORDING FOR ST HAVE A 2 1/2' SPACE AT THE TOP RESERVED FOR 2. THE FIRST PAGE OF A) THE RIGHT 5' FOR RECORDING INFORMATION g) 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 6, ANY INSTRUMENT THAT MODIFIES ANOTHER MUST STATE THE RECORDING INFORMATION OF THE DOCUMENT BEING MODIFIED S OFFICE RECORD ANY DOCUMENT OVER THE SIZE OF UNDER NO CIRCUMSTANCES WILL THE RECORDER 8 1/2' BY 14' COMPLY ABOVE REQUIREMENTS, THEN ALL.PAGES OF IF ONE PAGE OF A DOCUMENT DOES NOT SAID DOCUMENT WILL BE CHARGED WITH SHOULD THE DOCUMENT NOT COMPLY WITH ITEM 112, A SHEET$3.00 PENALTY MUST ING H BE ADDED TO THE DOCUMENT THAT COST OF FIRST AMERICAN TITLE ESCROWINCREA OFFlCE E T SAMPLES RECORDHE THIS HEET AVAILABLE. BY ONE PAGE. YOUR QUESTIONS?? PLEASE CONTACT THE SANTA CLA COUNTY RECORDERS OFFICE ssol Hol 1=91 S, 1w) 1 ON! NIIIHO N'fHl M� IF 3 HA ANV NOA N10411 '13'Li 19 OL ION <;i il N0I)i-*jo 031OWil QNVI N V -ig I-ON AkM '0 AVVJ dVVI SIHI OfDf t Il 0wY' 6789AC NET > PCL B 64 9 21.178 AC, o jvjt__--_ GREEN 3 2693KNET: 5.493 AC.NET O 2SJ9 Ac t R 5.345AC.NET 5 7A q-4 w -6.784AC NET 2 1 PCL. I J4 • 112ACWI- 2.TS AC.NET. • > I M2 u L4 SSW 0 Co z 3 is a E LP 51 0 17 .2k lsl�" �P�LLEY GREEM ROAD r�' yn - N. STELLING ROS 249-M-51 494,76 Z. "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO GREENLEAF DRIVE 96-06 JUNE 1996 All that certain real properties situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeast corner of Lot 8, as shown upon that certain Map entitled, " Tract No. 783 Garden Gate Village Addition ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31, 32 and 33, Thence form said Point of Beginning running along the northerly line of Greenleaf Drive WEST 74.50 feet to the southwest corner of said Lot 8; Thence NORTH 136.32 feet to the northwest corner of said Lot 8; Thence N 89 51' 20" E 74.50 feet to the northeast corner of said Lot 8; Thence SOUTH 136.51 feet to the Point of Begineer. Containing: 10,163 square feet, more or less. 0.233 acres, more or less. APN : 326-09-010 N APN 326-09-10 1V LOT 8 10,163 S0. FT. VALLEY 0.233 ACRES SIT �2 DR. N899 51'20"E 4.50 J o GREENLEAF a DR. SCALE: 1"=100' N r ov DUNBAR o • r) N Z it w t n 0 FARGO 0 GREENLEAF DR. o QROFessro VICINITY MAP 0 o P 0 B tie`` s 'peeh'ms4'4 �\ NOTTO SCALE 25538 A LEGEND sr9r oQe�` EXHIBIT B • F OF CAti1E BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION Z "T TO THE CITY OF CUPERTINO BOUNDARY LINE OF ENTITLED GREENLEAF DR. 96-06 EXISTING ANNEXATION EXISTING CITY LIMITS DATE: JUNE 1996 SCALE: 1"=100' BY: J.C. REVISED: JAMES C. CHEN, C.E., S.E. P. X20302, SANJOSE, CA 95160 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO GREENLEAF DRIVE 96-06 JUNE 1996 All that certain real properties situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeast corner of Lot 8, as shown upon that certain Map entitled, "Tract No. 783 Garden Gate Village Addition", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31, 32 and 33: Thence form said Point of Beginning running along the northerly line of Greenleaf Drive WEST 74.50 feet to the southwest corner of said Lot 8; Thence NORTH 136.32 feet to the northwest corner of said Lot 8; Thence N 89 51'20" E 74.50 feet to the northeast corner of said Lot 8; Thence SOUTH 136.51 feet to the Point of Begineer. Containing: 10,163 square feet, more or less. 0.233 acres, more or less. APN : 326-09-010 N APN 326-09-10 1V LOT 8 VALLEY 10,163 SQ. FT. 0.233 ACRES 4DR SITEN89°51'20"E --- --- ---------- 74.50 Z oGREENLSCALE: 1"=100' 04 DUNBAF r7 N woFARGO z WEST n 74.50 GREENLEAF DR. Fp fEss!,,y �. �pueh-Hso � l 4' es VICINITY MAP o P.Q.B. 25538 NOTTO SCALE V) J, CIVIL • LEGEND a9 �P Tf OF Opl\F EXHIBIT B Z! . 12 BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO BOUNDARY LINE OF ENTITLED GREENLEAF DR. 96-06 EXISTING ANNEXATION ----------- EXISTING CITY LIMITS DATE: JUNE 1996 SCALE: 1"=100' BY: J.C. REVISED: JAMES C. CHEN, C.E., S.E. P.O.BOX 20302 SAN JOSE CA 95160 CITY OF CUPERTINO (408) 777-3354 10300 TORRE AVENUE CUPERTINO, CA 95014 ANNEXATION REQUIREMENTS FOR PETITIONER PETITION Page 2 - Signatures of property owners required under"Signatures of Petitioners" L with the appropriate date. (NOTE: The City will accept only 100% consent annexations; therefore, all property owners must sign the petition.) SUPPLEMENTAL APPLICATION: Provide answers to the following questions: Page 2 - Questions 2,3,4, 5 and 7 REQUIRED DOCUMENTS AND FEES: $513.00 CHECK PAYABLE TO THE CITY OF CUPERTINO $225.00 CHECK PAYABLE TO LAFCO tiY$1365.00 CHECK PAYABLE TO THE COUNTY OF SANTA CLARA A—COPY OF TITLE REPORT OR DEED INDICATING CURRENT OWNER- SHIP 5. PLAT MAP AND LEGAL DESCRIPTION- STAMPED AND SIGNED BY ENGINEER (See State Board of Equalization Map Requirements- attached) 141141vCy 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: Situs Address: and consists of: _annexation to _detachment from (name City/District) of (number of) acres on the (n/s/e/w) side of (Street/Avenue) between (Street/Avenue) and (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) _unihabited. 5. This proposal is consistent with the Sphere of Influence is not of the affected city and district(s). 6. The reason(s) for the proposed (annexation, detachment, reorganization, etc.) is/are: Cupertino: Annexation Petition -2- 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: 8. The person(s) signing this petition has/have signed as (check one): owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponent(s) do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF 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.** C led�d �3<�lcCiL GJ Date: F%/o6 Phone: re H if -r Date: Phone: 61b) S 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: Annexation ) Detachment ) to from Reorganization) (City or Spec. District) ENVIRONMENTAL STATUS OF PROPOSAL as Lead Agency for environmental review of the project, (Name of City/District) has already the territory on ( 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.) 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- CHARACTERISTICS OF THE AREA 1. Number of acres 2. Number of inhabitants 3. Number of registered voters 4. Number of dwelling units 5. a. What is the present use of the area(be brief,buts cific): 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): 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 wheQn�s devel9pinent is expected to t.0 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES 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_ 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 _ 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 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): 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 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. (Print name of person completing this application) (Signature) (Date) NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with each school district shown on question#13 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to 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, list 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 STATE BOARD OF EQUALIZATION CHANGE OF JURISDICTIONAL BOUNDARY REQUIREMENTS FOR STATEMENTS, BOUNDARY DESCRIPTIONS. MAPS and SCHEDULE OF PROCESSING FEES Section 54902.5.Government Code July I. 1995 1. GENERAL APPLICATION. The fees set forth in this schedule shall apply to all statements filed pursuant to Sections 54900 to 54903 of the Government Code. Statements,must be filed on or before December 1 of the year immediately preceding the vex in which the assessment roll is to reflect the change in boundary. The provisions and definitions given in Sections 3 and 4 below are to help you compute the fees and serve as guidelines to insure acceptance of maps and boundary descriptions. (a) Fees shall accompany the statements. (b) Mail statements, maps and fees to,Tax Area Services Section,State Board of Equalization,450 N Street, MIC: 59, P.O.Box 942879,Sacramento,CA 942'9.0059. W Subdivision maps,assessor's maps and deeds are not on fill a with the State Board of Equalization, nor are such documents readily available to its staff in Sacramento where all processing at the state level is performed. Boundary descriptions that merely cite recorded documents or refer to assessor's parcels are of very limited value to the Board's cartographic staff and will be rejected _ 2. STATEMENTS REQUIRED TO FILE FOR A CHANGE OF JURISDICTIONAL BOUNDARIES: The items listed below shall be submitted together as a single package. Incomplete packages will be rejected. (a) Statement of boundary change. (Form PT400-TA; no substitutions accepted) (b) Certificate of completion (if applicable) (c) Copy of the resolution from the conducting authority (d) Written geographic description of the subject territory. (e) Maps and supporting documents in Letter of tax rate area assignment from the County Auditor(consolidated counties). (g) Fees 3. DESCRIPTIONS AND MAPS: After our initial processing has been completed,all filed documents are microfilmed and then destroyed. Any document that will not produce a readable photographic image shall_�&reiected and returned to the sender for replacement. All documents shall conform to items(a.1)through(15.14)below without exception. Effective July 1,1995 maps flied with Tax Area Services Section may be submitted in electronic/digital form. Please contact Tax Area Services at the above address(or by FAX 916.3274251)for a copy of the requirements to file in this manner. (a) Boundary Descriptions: (1) Every written geographic description must be self-sufficient within itself and without the necessity of reference to any extraneous document. The written geographic description shall be a document separate from any maps. The polygon traverse of the written description must be within acceptable limits for error of closure. (2) The use of secondary references in the written description is cause for rejection. The cartographic staff must be able to plot the boundaries from the written description. (3) The written description shall be of the subject territory only. If a complete description of the special district is filed, that portion of the subject territory shall be dearly identified. (4) The point of beginning of the geographic description shall be clearly shown on the map and referenced to a known geographic position. It is recommended that the known point be described by the California state plane coordinate system. It is preferred that this point be either the point of beginning or the point of departure from and the point of return to an existing district boundary. Effective January 1,2000,every description shall contain a minimum of one GPS point that is referenced to the California state plane coordinate system. (A When writing a metes and bounds description of a contiguous annexation,all details of the contiguous portion(s)of the existing boundary may be omitted- (6) A specific parcel description in sectionalized land(e.g.,The SW 114 of Section 22.TIN,RI W)is permissible without a metes and bounds description of the perimeter boundary. I (7) A parcel description making reference only to a subdivision or a lot within a subdivision is not acceptable unless accompanied by a copy of the recorded subdivision map. (8) The written description shall state the acreage for each separate single area(see Section 4 for a definition of single area) and the combined total acreage of subject territory. Acreage shall be rounded off to the nearest whole acre. ibi MAPS: (1) All maps must be professionally drawn or copied. Rough sketches or pictorial drawings will be rejected. (z) Every map shall bear a scale and a north arrow. Every map shall be of a sufficient size to allow Tax Area Services to plot the boundary without-difriculty. Reduced maps are net acceptable and will be rejected. Every map' shall be of a scale common to the industry. All lettering and numbers on the map must be legible. (3) A vicinity map shall be included It is strongly recommended that the filing be accompanied by a copy of the Board of Equalization tax rate area map (or portion thereof)with the subject territory delineated in red for the purpose of site location only. This shall be considered supporting documentation. (4) The point of beginning shall be clearly shown on the map and referenced to a known geographic point(see item 3a.4 above) is All dimensions needed to plot the boundaries must be given on the map of the subject territory. The relationship of the subject territory to street rights-of-ways and street centerlines must be clearly indicated. (6) The boundaries of the subject territory shall be distinctively delineated on the map without obliterating any essential geographic or political features. Boundary lines that are delineated by a line that exceeds 1.5 millimeter in width shall be rejected The use of graphic tape or broad tip marking pens to delineate the boundary is not acceptable. (7) Every map must clearly indicate all existing streets,roads and highways within and adjacent to the subject territory, together with the current names of these thoroughfares. Other pertinent physical features should be included. (8) Maps of the subject territory shall be drawn to these standard minimum scales: (For'a multiple-area filing,the size of each single area should govern the map scale.) ACREAGE WITHIN MINIMUM PROJECT AREA MAP SCALES 1-40 acres 1"=100' 41 -200 acres 1"=200' 201- 1000 acres 1"=400' or 1"=800' over 1001 acres 1"=800' or 1" =1200' (9) If any segment of the boundary is shorter than 1140 of the map scale(i.e., 10 feet on a 1"=400'scale map)that segment should be shown enlarged in a marginal sketch (to) When the boundary of the subject territory is of a complex nature,an index table listing the various courses with the bearings and distances shall be shown on the map. U1) When it is necessary to use more than one map sheet to show the boundaries of the subject territory,the sheet size shall be uniform. A small key map giving the relationship of the several sheets shall be furnished Match lines between adjoining sheets shall be used. While the geography on adjoining sheets may overlap,the project boundaries must stop at the match lines (iz) If the subject territory has interior islands of exclusion or the boundary has a peninsula of exclusion (or inclusion) that areas)shall be shown enlarged in a marginal sketch. This sketch shall be of sufficient size and scale to allow Tax Area Services to plot the boundary without difficulty. The parcels in the sketch that touch the boundary shall be clearly labeled with the assessor parcel numbers. (13) All parcels within the subject territory that touch the new boundary must be clearly labeled with the assessors parcel number. It is recommended that assessor parcel maps with the subject territory delineated in red accompany the riling as supporting documentation. (14) The use of assessor parcel maps and copies of Board of Equalization maps shall be in addition to and shall not be a substitute for the required project trap. 2 4. DEFINITIONS AND SPECIAL FEE PROVISIONS: (2) "Single area" means any separate geographical area regardless of ownership. A lot, a subdivision or a township could each be a"Single area". For the purpose of this schedule a geographical area which is divided into two or more parcels by a roadway railroad right-of-way, river or stream shall be considered a "Single area'. Separate geographic areas that are not connguous to each other shall not be considered a"Single area". A "Single area" does not include two areas that-are contiguous to an existing boundary of a city or district but not to each other. (b) "Contiguous"shall be defined as two polygons that share a common line. tct "Zones" include temporary zones in highway lighting districm—other zones.zone of improvement, zone of benefit. improvement districts,or any other sub-units of a county,city or parent district. (d) "Concurrent transaction" includes any combination of formations,annexations and withdrawals of a single area under one resolution or ordinance. The fee shall be according to the fee schedule.Section 5: there is no additional costs for the number of transactions involved. If there is more than one resolution or ordinance.each single area must be separately computed under the fee schedule.Section 5. (e) The fees in Section 5 of this schedule are based on the concept that any given action is confined to a single county. If more than one county is involved.add$250.00 for the second and each additional county involved. (0 The processing fee shall accompany each statement. (g) If the December 1st statutory deadline for filing statements is extended by a special validating act.the fees in Section 5 shail be doubled. (h( If an annexed or detached territory comprises an entire city,district.or zone without affecting the existence of that city. district or zone,the total processing fee shall be S300.00. (i) Payment of the fee for the formation of a city or district may be deferred until that city or district receives its first revenue (Ch. 512, Stats. 1978). Each deferment shall be subject to a$35 billing charge. IMPORTANT: IF YOU HAVE AN UNUSUAL SITUATION OR ARE UNSURE.DO NOT GUESS AT THE FEE,CALL (916) 322-7185 OR WRITE TO: TAX AREA SERVICES SECTION,STATE BOARD OF EQUALIZATION,450 N STREET,MIC: 59,P.O. BOX 942879,SACRAMENTO,CA 94279-0059 FOR HELP TO DETERMINE THE CORRECT FEE. S. PROCESSING FEES: See Section 4 for definitions and modifications of the fees under certain circumstances. A separate fee must be computed for each ordinance or resolution. Single Area Transactions ACREAGE FEE 1 -20..___.._r_S 250 Deferral of Fees............__.._....... 5 35 21 - 100..._._...._...._.S 500 Additional County per transaction..S 250 101 -600._._.._.._...._.S 750 Consolidation per district or zone ...S 300 601 - 1500...........—$1,200 Entire district transaction. 300 1501 -3000. $1,400 Dissolution or Name change_. 0 3001 -6000._.... .$1,800 over 6000_.._..-52200 0504F.V AL 3 y RESOLUTION NO. 3133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REGARDING ANNEXATION OF PROPERTY WITHIN THE CITY'S URBAN SERVICE AREA WHERE CITY I-LAXE.R SERVICE EXISTS WHEREAS, it is the policy of the City of Cupertino and the County of Santa Clara that all new construction shall take place within the City's juris- diction; and W'dr'REAS, within the County's jurisdiction where water service is in existence, major alterations, repairs and additions have been allowed to be undertaken without consideration of annexation, even to the extent of demolition of older structures and replacement with entirely new buildings; and WHEREAS, it is the City of Cupertino position that limits on the amount of construction that may be undertaken must be defined; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cuper- tino that in order to promote the orderly development of the City's Urban Service Area, the following policy is hereby adopted: 1. Property within the City of Cupertino's Urban Service Area, with existing City water services , shall be annexed to the City at such time as an addition, alteration, repair or new construction on the property exceeds twenty-five percent (25%) , within any consecutive two (2) year period, of the re- placement value of the existing structure or structures located on the property. Said replacement value shall be determined by the Building Official of the City of Cupertino. 2. In the event the property cannot be annexed due to its physical location, the property owner shall sign an agreement with the City of Cupertino, agreeing to annexation when physically possible to accomplish same. In that event, construction shall be allowed to proceed under County juris- diction. 3. City staff is hereby directed to withhold the issuance of clearance letters to the County of Santa Clara in the event the twenty-five percent (25") replacement value is exceeded as outlined in number 1 above. 5. It is requested that the County of Santa Clara advise the City of Cuper- tino of any and all building permit applications within the City 's Urban Service Area so that a determination can be made relative to the applica- bility of this policy. 5. The City Clerk is hereby directed to transmit a certified copy of this resolution to the County Board of Supervisors , Local agency Formation Commission, Santa Clara County Central Permit Office and any other official as deemed appropriate. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of November 1979 by the following vote: Vote Members of the Citv Council AYES : Jackson, O'Keefe, Rogers, Sparks, Meyers NOES: None ?==: None '3STALN: None AP P ROVED: ?favor, City of Cupert: .c EST: City Clerk