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89,340 Annex 96-10 340 Miller 9,�, ANNEXATIONS 96-10 _ Miller Avenue (City) u, N z � - - 1z, c u I � 1 TOTAL = 99,498.36 SQ. FT. TOTAL ACREAGE = 2.284 ACRES �7'�_+1j CY1 ,�,rP�,u,Gs NB9'30'E ____--_-__-_____ I1 69.74' 9016' 77 II p0� N I 6605.85 ojl 77 I .1516 AC S o m Ic/,'131 011 Z Oil I INB9'30'E� 450D' o CAALE DEBAR EL_ONA iItI 54,091.89 rA 569'30'W 1.2415 ACRES 39.72' 78 3 i 00 3 I 7894.57 S I� 78 'n Iw .1812 ACR S Z in D nil III O m > r 2.1 J 73.03' Z 3 tN874�00�W- 9'30'E J nin 04 9'02"W 79 6066.68.00, 3 ACRES m80m 6195.00 I1own 0IitIitIII0.01'87'45'OD'W �'I as.oD' .1422 ACRES L -0- N87-4s'oD`w PHIL LANE 83 6254.37 .1436 ACRES EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "MILLER AVE. 96-10" DATE: OCTO ER 1996 SCALE: 1" = 100' BY: N. LEE REVISED: 10 29 96 CITY OF CUPERTINO SUS City I]all to10300 Torre Avenue Cupertino, CA 95014-3202 „ Telephone: (408) 777-322 3 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK April20, 1998 Lois Sklar Deputy Clerk of the Board/LAFCO Clerk Santa Clara County Local Agency Formation Commission County Administration Building 70 West Hedding St., 10°i Floor San Jose, CA 95110 REORGANIZATIONS: "UPLAND WAY 95-03 "MILLER AVENUE 96-10" The resolutions and backup information were submitted to you on the subject annexations on March 20, 1997 (Miller Avenue 96-10) and November 7, 1995 (Upland Way 95-03). My files do not contain a certificate of completion for either of those annexations. Can you provide me with duplicates? Thanks. v Sincotcly, /I obeda Wolfe tJ Deputy City Clerk ASSESSMENT CHANGE NOTICE Page�c� Map Book 369, Recorded Date Description Formulator—ZW_ /22/---27 Typed¢y_heL _ —/—aIL/--q7 year Month Day Reason for Change: 369-15-004/007/008 ALL PUB NOW 369-15-004/007/008 CORRECTION DUE TO UNINCORPORATED TAX RATE AREA E AREA PARCEL NUMBER OLD PARCEL NUMBER la M M.B. PAGE PCL. B. PAGE PCL, 63-006 369 15 004 CODE AREA PARCEL NUMBER NEW NAME,ADDRESS,DESCRIPTION RECORDERS LOT/SEC BLK/TWP RANGE ACREAGE M.B. PAGE PCL. Effective 19 Roll SERIAL NO_ . 63-006 369 15 004 City of Cupertino 13257202 R 10300 Torre Av Cupertino, CA 95014 LOCATION: ASSESSMENT CHANGE NOTICE Page Z c.,� Map Book 369 Recorded Date Description Formulator—ZW I CL7 Typed fly Month Day Reason for Change: E AREA PARCEL NUMBER OLD PARCEL NUMBER M.B. PAGE PCL. M.B. PAGE PCL. 63-006 369 15 007 CODE AREA PARCEL NUMBER NEW NAME,ADDRESS,DESCRIPTION RECORDERS LOT/SEC BLK/LWP RANGE ACREAGE M.B. PAGE PCL Effective 19 07 Roll SERIAL N0. 006 369 15 007 City of Cupertino 13097240 R 10300 Torre Av Cupertino, CA 95014 LOCATION: e� Page--3--c �- ASSESSMENT CHANGE NOTICE Map Book .369 Recorded: Recorded Date Description Formulator_ZW— _r /_q/_47 Typed py-ba- -3--/M/-A7 Year Month Day Reason for Change: i E AREA PARCEL NUMBER OLD PARCEL NUMBER M.B. PAGE PCL. M.D. PAGE PCL. 63-006 369 15 008 CODE AREA PARCEL NUMBER NEW NAME,ADDRESS,DESCRIPTION RECORDERS LOT/SEC BLK/TWP RANGE ACREAGE M.B. PAGE PCL. Effective 19 97 Roll SERIAL NO 006 369 15 008 City of Cupertino 12829617 R 10300 Torre Av Cupertino, CA 95014 LOCATION: O F F I C E O F C O U N T Y ASSESSOR S A N T A C L A R A C O U N T Y , C A L I F O R N I A BOOK PAGE 369 15 ti as '2 Gfe � F MILLER SUBD. bu L z4 a 5 \ b P._ _ sy Gala• �.,- � 14 O T Sys> •'s \ S , OO. \ o CITY OF CUPERTINO 113/ o F R. O. S\4! 144 C 0 a 2e ' a•/ <F 3069 c � "�679 os a\�03@ 0�a O 20( / '\ (CITY OF \ F 6 / s, �(CUPERTINO� B9 •bo •p \ 5 oy. � F3, @� \\ 0 SZ �s 6 \ \ us Q � (clrr OF) 3�b /'�o� \,(CUPERTINO), 0T y��' (CITY OF)\\ h� \ (CUP RTINO)\ TANTAU SUBD. ALDEg_ K — —o— LN . o Compiled in conformance with ,• • 16 • S T. NOT YET APPROVED 1997 LAWRENCE E. STONE — ASSESSOR City Hall ocitv 10300 Torre Avenue Cupertino, CA 95014 Telephone: (408)777-3354 of, FAX: (408)777-3333 Cupertino PUBLIC WORKS DEPARTMENT May 15, 1997 File: 89,340 County of Santa Clara Assessor's Office Attn: Sue Stone County Government Center 70 West Hedding Street San Jose,CA 95110 Dear Sue: Enclosed please find a copy of the plat map and legal description for annexation to the City of Cupertino entitled"Miller Ave. 96-10"for your review. Also enclosed is a copy of the letter from the County Surveyor's Office certifying the boundaries of the proposed annexation. If you have any questions,feel free to phone me at(408)777-3249. Very truly yours CITY OF CUPERTINO Bert J.Viskovich Director of Public Works Nancy J.Ike Engineering Technician Po wed on Feeveled Paper RESOLUTION NO. 9804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "MILLER AVENUE 96-10", APPROXIMATELY 2.284 ACRES LOCATED ON THE WEST SIDE OF MILLER AVENUE BETWEEN CALLE DE BARCELONA AND PHIL LANE; REHN, SKR&MME, MCKERN AND, SANDBERG & CITY OF CUPERTINO (APNS 369-15-001, -003, -004, -005, -006, -007, AND -008) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 2.284 acres on the west side of Miller Avenue between Calle De Barcelona and Phil Lane (APNs 369-15-001, -003, - 004, -005, -006, -007 and -008) has been filed by property owners Rose E. Rhen, Kermit O. and Barbara J. Skromme, David C. and Barbara J. Sandberg, and Daniel S. Mc Keman; and WHEREAS, on February 18, 1997, the City Council adopted Resolution No. 9788 initiating proceedings for annexation of the area designated "Miller Avenue 96-10; 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 Resolution No. 9804 • • Page 2 WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Miller Avenue 96-10", 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 2.284 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 September 6, 1996, enacted an ordinance prezoning the subject territory to City of Cupertino Pre PR 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. 2 Resolution No. 9804 • Page 3 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. 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 17th day of March, 1997,by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor, City of Cupertino reso1utVrcs9804.doc 3 EXHIBIT"A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the County of Santa Clara, State of California, Lots 77 through 83 inclusive and portions of Miller Avenue (formerly Wolfe Road) and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was filed for record on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State,more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Thence along the easterly line of that certain annexation to the City of Cupertino entitled Calle de Barcelona 85-06 the following five courses: N2051'58"E 291.82 feet along the westerly boundary of Lots 83, 82, 81, 80 and 79 to the northwest comer of Lot 79; N89030'E 32.15 feet along the northerly boundary of Lot 79, N0030'W 105.00 feet along the westerly line of Lot 78 to the northwest comer thereof, N89030'E 18.28 feet along the northerly line of Lot 78; N0030'W 150.01 feet along the westerly line of Calle de Barcelona and Lot 77 to the northwest comer of Lot 77, Thence leaving said annexation Calle de Barcelona 85-06 N89°30'E 159.82 feet along the southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line of said Miller Avenue; Thence leaving said Original Incorporation S2°51'58"W 576.55 feet more or less along the easterly line of Miller Avenue to the northerly line of the San Jose- Cupertino Reorganization of Julv 1, 1979; Thence along said San Jose - Cupertino Reorganization the following three courses: N87045'W 45.00 feet more or less along the centerline of Phil Lane (formerly Miller Avenue); Northerly 20.00 feet the along the centerline of Miller Avenue; N87°45'W 150.01 feet along the easterly prolongation of the southerly line of said Lot 83 an along the southerly line of said Lot 83 to the Point of Beginning. QttofESS/0 Containing 2.284 acres more or less. Sk 0 APN 369-15-001 369-15-006 y 369-15-003 369-15-007 68 369-15-004 369-15-008 1 369-15-005 C/vll. �P OF gpL1E 0 bLEENA ORIGINAL INCORPORATION OCTOBER 1955 t N8930'E �� r_-_________-___ r 1,9.82' 1 \ G-J PHIL LANE I� I 2�G gil 77 "D VICINITY MAP h�l 9 NOT TO SCALE �I LOT 77 zll $ APN 369-15-001 It CALLE DE BAR ELONA 6.605.85 SQ.FT. N89' {1 T - .1516 AC. j ta.2e' LOT 78 o;il I APN 369-15-003 il R 78 Iw 7,894.57 SQ.FT. o gib - 44Z 1812 AC. z In z'EI I l > O coN89'30 Q : r-J X Q 1 32.15' w z l w i O 1 79 12 g LOT 79 <cwi it APN 369-15-004 Il 45.00' 45.00' 6,066.68 SO.FT. F ED 1l 1 .1393 AC. x o Il 80 LOT 80 w w oil I APN 369-15-005 a -n w 6,195.00 SOFT. U c 11 N 81 .1422 AC. zl LOT 81 II I APN 369-15-006 1l 6.195.00 SQ.FT. OFESS_ Il 82 .1422 AC. QR �/�;q it LOT 82 ��Q�� 1. VI Il I APN 369-15-007 1 83 6.195.00 SQ.FT. w .1422 AC. rr„ 1 _ _ 150.01, LOT 83 g N87-45'Do-—1 $ PHIL LANE APN 369 P.D.B. -15-008 w I res.00• _ 6,254.153 SQ.FT. NB7'451-- .1436 Z. CJVIL qTF F CAt14aR� SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979 LEGEND: = BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION — — = BOUNDARY LINE OF PROPOSED ANNEXATION EXISTING ANNEXATION TO THE CITY OF CUPERTINO -----'-- = EXISTING CITY LIMITS ENTITLED "MILLER AVE. 96-10" TOTAL ACRES: 2,284t DATE: OCTOBER 1996 SCA 1" = 1 0' BY: N. LEE REVISED: 1 22 97 CITY OF CUPERTINO S RESOLUTION NO. 9788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "MILLER AVENUE 96-10"1 PROPERTY LOCATED ON THE WEST SIDE OF MILLER AVENUE BETWEEN CALLE DE BARCELONA AND PHIL LANE; APPROXIMATELY 2.284 ACRES, REHN, SKRAMME, MCKERNAN, SANDBERG & CITY OF CUPERTINO (APNS 369-15-001, -003, -004, -005, -006, -007 AND -008) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Miller Avenue 96-10" from property owners, Rose Elayne Rhen, Kermit Othello Skromme, Barbara Jean Skromme, David C. Sandberg, Barbara J. Sandberg,Daniel S. McKernan and City of Cupertino; and WHEREAS, the property, 2.284± acres on the west side of Miller Avenue between Calle de Barcelona and Phil Lane (APNs 369-15-001, -003, -004, -005, -006, - 007 AND -008) 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 September 16. 1996,to City of Cupertino Pre-PR 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 Resolution No. 9788 • • Page 2 r WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and 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 "Miller Avenue 96-10" at their regular meeting of March 17, 1997. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of February, 1997 by the following vote: Ystg Members Qf lk Comity Council AYES: Burnett, Chang, Dean, Bautista NOES: None ABSENT: Sorensen ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor. City of Cupertino m olutihes9788.doc 2 EXHIBIT"A„ ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the County of Santa Clam, State of California, Lots 77 through 83 inclusive and portions of Miller Avenue (formerly Wolfe Road) and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was filed for record on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State, more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Thence along the easterly line of that certain annexation to the City of Cupertino entitled Calle de Barcelona 85-06 the following five courses: N2051'58"E 291.82 feet along the westerly boundary of Lots 83, 82, 81, 80 and 79 to the northwest comer of Lot 79; N89030'E 32.15 feet along the northerly boundary of Lot 79, N0030'W 105.00 feet along the westerly line of Lot 78 to the northwest comer thereof, N89030'E 18.28 feet along the northerly line of Lot 78; N0030'W 150.01 feet along the westerly line of Calle de Barcelona and Lot 77 to the northwest comer of Lot 77; Thence leaving said annexation Calle de Barcelona 85-06 N89°30'E 159.82 feet along the southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line of said Miller Avenue; Thence leaving said Original Incorporation S2051'58"W 576.55 feet more or less along the easterly line of Miller Avenue to the northerly line of the San Jose- Cupertino Reorganization of July 1, 1979; Thence along said San Jose- Cupertino Reorganization the following three courses: N87°45'W 45.00 feet more or less along the centerline of Phil Lane(formerly Miller Avenue); Northerly 20.00 feet-the along the centerline of Miller Avenue; N87°45'W 150.01 feet along the easterly prolongation of the southerly line of said Lot 83 an �FESSIQ along the southerly line of said Lot 83 to the Point of Beginning. QR � Sko Containing 2.284 acres more or less. ��� Cy APN 369-15-001 369-15-006 68 I 369-15-003 369-15-0071 369-15-004 369-15-008 369-15-005 civo- �P OF Cti1\F Q i1 CALLE DE BARCELONA O ORIGINAL INCORPORATION nD i OCTOBER 1955 D Q z ��^� P� w rn o N89'3_VE �( (ry u I 1 .82- ---- \ •r--J PHIL LANE V 311 77 htK' VICINITY MAP 0�1 0 NOT TO SCALE ol� '�' LOT 77 ill -�APN 369-15-001 I 9.CALLE DEr BAR ELONA 6,605.85 SQ.FT. 11 - -LT - .1516 AC. N89'30'J s 1828 LOT 78 cl 1 APN 369-15-003 011 0 78 W 7,894.57 SQ.FT. olI o Iz .1812 AC. O t z i 11 > z0 N89'30. 1i a N 3 r-- I h m Q Q 32.15' n z zo i1 79 m LOT 79 z w 11 APN 369-15-004 45.00' 45.00' 6.066.68 SQ.FT. 0 Elf it z m i1 1 .1393 AC. f- I X o 11 80 LOT 80 w w Wit APN 369-15-005 nl 6,195.00 SQ.FT. cai n i 1 m 81 .1422 AC. zit LOT 81 II f APN 369-15-006 1 6,195.00 SQ.FT. QROFI:SS!pN9 j1 82 I .1422 AC. LOT 82 i1 I APN 369-15-007 y 1 6.195.00 SOFT. " 1 83 .1422 AC. r- i LOT 83 a 1 1so.or � — — _ - PHIL LANE APN 369-15-008 1 ' N87'45'00'W 1,45.00� 6,254.33 SQ.FT. PP.O.B. NaT4s•oO=W .1436 AC. ,9 IVIL .�� TF F CRUEa¢ SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979 LEGEND: BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — = BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS DATE: OCTOBER 1996 1 SCALE: 1" = 100' TOTAL ACRES: 2.284t BY: N. LEE I REVISED: 1 22 97 CITY OF CUPERTINO County of Santa Clara C.p`,NTY Em ironnwntal Resources Agency PUBLIC WORKS Building Inslx•ctiolVLand Developnxttt Enghwering and Surwving 110 Cuunly(uvemnx•nt Center. Easl Wing FES 0 5 1997 70 N'esl ncddill};Strcrl. 71h Floor San jo -. Calitoroia 1)51 10 ail. peso Blt i};. Insl x'('. IJo2313S%F23i1 Islnd nel'el. 21xf2871 FAX 279-S.i37 �A CV February 3, 1997 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 The attached revised map and description dated January 22, 1997 of territory proposed for annexation to the City of Cupertino entitled MILLER AVENUE 96-10 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) Nancy Lee Board of Su[wR isors: James T.Beall Jr.. Pete McHugh. Blanca Alvarado. S. Joseph Simidan C<wnly Executive:Richard\linenixrg ,o,a EXHIBIT"A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the County of Santa Clara, State of California, Lots 77 through 83 inclusive and portions of Miller Avenue(formerly Wolfe Road) and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2,which map was filed for record on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State,more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Thence along the easterly line of that certain annexation to the City of Cupertino entitled Calle de Barcelona 85-06 the following five courses: N2051'58"E 291.82 feet along the westerly boundary of Lots 83, 82, 81, 80 and 79 to the northwest comer of Lot 79; N89°30'E 32.15 feet along the northerly boundary of Lot 79, NO°30'W 105.00 feet along the westerly line of Lot 78 to the northwest comer thereof, N89130'E 18.28 feet along the northerly line of Lot 78; N0°30'W 150.01 feet along the westerly line of Calle de Barcelona and Lot 77 to the northwest comer of Lot 77; Thence leaving said annexation Calle de Barcelona 85-06 N89°30'E 159.82 feet along the southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line of said Miller Avenue; Thence leaving said Original Incorporation 52'51'58"W 576.55 feet more or less along the easterly line of Miller Avenue to the northerly line of the San Jose-Cupertino Reorganization of July 1, 1979; Thence along said San Jose-Cupertino Reorganization the following three courses: N87*45'W 45.00 feet more or less along the centerline of Phil Lane(formerly Miller Avenue); Northerly 20.00 feet the along the centerline of Miller Avenue; N87°45'W 150.01 feet along the easterly prolongation of the southerly line of said Lot 83 an R13FESSIO along the southerly line of said Lot 83 to the Point of Beginning. O e Sk0 Containing 2.284 acres more or less. z� APN 369-15-001 369-15-006 369-15-003 369-15-007 `- 369-15-004 369-15-008 369-15-005 Civil, �tiP OF CAL�F� Am CALLE DE BARCELONA 0 ORIGINAL INCORPORATION o OCTOBER 1955 pc� Q a w w �K P J m U N89'3_0'_E �r I 1 .82' -----\ .�-1 PHIL LANE 1 77 G4j� ' VICINITY MAP ail o` I�' NOT TO SCALE oil - LOT 77 zI _ APN 369-15-001 11 =CALLE DE BAR ELONA 6,605.85 SQ.FT. to - -( —r - .1516 AC. N89'30'J a t 28' LOT 78 I APN 369-15-003 ojl 0 78 w 7,894.57 SQ.FT. olt a IZ) .1812 AC. 2 II zil f > ZO I0 N89'30'J ¢ 3 I� n Q Q 32.15' n h z 0 it 79 I� n LOT 79 Z w It APN 369-15-004 a(r it 4s.ao' 45.00• 6,066.68 SQ.FT. z m it 1 .1393 AC. F mw Sc o It 80 LOT 80 ww wlt APN 369-15-00�_ a 'it m 1 6,195.00 SOFT. U n It 81 .1422 AC. p I N z 1 LOT 81 �I 1 APN 369-15-006 j 6.195.00 SQ.FT- R3fES$!� 9 It I .1422 AC. p Q II 82 U I LOT 82 I I APN 369-15-OC7 �l 6,195.00 SQ.FT. l 83 .1422 AC. I 1sD.or LOT 83 -- - 0 PHI LANE APN 369-15-OCc N87'45'00"W _ N 45.00' IL — — 6,254.33 SQ.FT. PAB. Na>4s'oo'w .1436 AC. ° q C!yit lF F CAS\FaR SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979 LEGEND: BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — = BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS DATE: OCTOBER 1996 SC LE: 1" = 100' TOTAL ACRES: 2.284t BY: N. LEE REVISED: 1 97 CITY OF CUPERTINO 0(,Ilx City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 of Telephone: (408) 777-3223 Cupertuio FAX: (408) 777-3366 OFFICE OF THE CITY CLERK January 22, 1997 M. D. Marcott County of Santa Clara Planning Department 70 West Hedding Street San Jose, CA 95110 ANNEXATION: "MILLER AVENUE 96-10" (REVISED) Enclosed are three (3) copies of the REVISED legal description and map for the proposed annexation of the area designated "Miller Avenue 96-10." The property consists of 2.284±acres and is uninhabited. It is within the City's sphere of influence. The property was prezoned to City of Cupertino Pre PR zone on September 16, 1996. Please review the enclosed and certify as to conformance with LAFCO road policy and that boundaries are definite and certain. A check in the amount of$1,365.00 was sent with the October 9 letter to cover staff time for the certification. Si!) er ly,� e>� , ' Roberta Wolfe �./,-f Y— — Deputy City Clerk annexati/marcott.doe i EXHIBIT"A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the County of Santa Clara, State of California, Lots 77 through 83 inclusive and portions of Miller Avenue(formerly Wolfe Road)and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was filed for record on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State, more particularly described as follows: Beginning at the southwest corer of Lot 83 as shown on said map of Tract No. 1343; Thence along the easterly line of that certain annexation to the City of Cupertino entitled Calle de Barcelona 85-06 the following five courses: N2051'58"E 291.82 feet along the westerly boundary of Lots 83, 82, 81, 80 and 79 to the northwest corer of Lot 79; N89030'E 32.15 feet along the northerly boundary of Lot 79, NO°30'W 105.00 feet along the westerly line of Lot 78 to the northwest corer thereof; N89030'E 18.28 feet along the northerly line of Lot 78; NO°30'W 150.01 feet along the westerly line of Calle de Barcelona and Lot 77 to the northwest comer of Lot 77; Thence leaving said annexation Calle de Barcelona 85-06 N89°30'E 159.82 feet along the southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line of said Miller Avenue; Thence leaving said Original Incorporation S2°51'58"W 576.55 feet more or less along the easterly line of Miller Avenue to the northerly line of the San Jose-Cupertino Reorganization of July 1, 1979; Thence along said San Jose-Cupertino Reorganization the following three courses: N87145'W 45.00 feet more or less along the centerline of Phil Lane(formerly Miller Avenue); Northerly 20.00 feet the along the centerline of Miller Avenue; N87°45'W 150.01 feet along the easterly prolongation of the southerly line of said Lot 83 an along the southerly line of said Lot 83 to the Point of Beginning. O QFlGF`S CIO Containing 2.284 acres more or less. APN 369-15-001 369-15-006 68 w 369-15-003 369-15-007 369-15-004 369-15-008 369-15-005 CIVIL l OF CALVE CALLE DE BARCELONA a ORIGINAL INCORPORATION nD a OCTOBER 1955 Dc E s � �N 43 P� J -------------- N89'30'E V V I 1 .82' \ -J PHIL LANE it IG� D 77 VICINITY MAP al �rj alI b NOT TO SCALE of 0 LOT 77 of APN 369-15-001 zil gCALLE DE BAR ELONA 6,605.85 SQ.FT. .1516 AC. N89'30r'E I S r' 19.28' LOT 78 alb APN 369-15-003 $I o 7,894.57 SQ.FT. njl N 78 .1812 AC. II o +o o Z 0 �j sll I> ZO N8 r9'30'E' ¢ N 3 H 'J n h Q < � 32.15 n Z Zo 79 y LOT 79 Z APN 369-15-004 <U I 45.00' 45.00' 6,066.68 SQ.FT. U< i� .1393 AC. zm I F X o II 80 LOT 80 w w ujI APN 369-15-005 a oil m 6,195.00 SQ.FT. U I 81 .1422 AC. zil LOT 81 �I I APN 369-15-006 6,195.00 SQ.FT. �FESS!QN\ j l I .1422 AC. k© e V I� 82 LOT 82 APN 369-15-007 II I 6.195.00 SQ.FT. w +li I� 83 .1422 I 150.01' LOT 83 — _ o PHIL LANE APN 369-15-008 N 7*45'00" — n 45.00' 6,254.33 SQ.FT. 110.0.0. LI== — .1436 AC. ,9 CIVIL N8 '45'00"W TE' F CALiFd¢ SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979 LEGEND: = BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — = BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS DATE: OCTOBER 1996 1 SCALE: 1" = 100' TOTAL ACRES: 2.284f BY: N. LEE I REVISED: 1 22 97 CITY OF CUPERTINO 01/29/97 12:03 e408 279 8537 SCC/ERA 10001 County of Santa Clara • �OUI��1 Departn tent of Planning and Development county Go\emment Cenier.Cat wing 70 WCSI lie(Icing Street Q- SanJose(DE Idomia9sI10 /4081299 4 132 TA C\ P Fax Cover Sheet ;date: ZGI -7 Number of Pages (including cover sheet) "Co: �G�17G�i1 L2'✓ t-ompany: Cl fuO� GU 170 Telephone Number: 7-7 - - 3 Z 4,9 Fax Number: -7 7 -7 - ��:5� Regarding: A-r1 neoc( M i t fer Ayr- ,( From: Office: —rrnA.1Y)& Telephone Number: (408) Z� - Z 8 � ) X �JOL-f' Fax Number: (408) 279-8537 .\drain 1,MS-C 13(kirdol St Ix'1visois: \I:('I*.cl \I. I dnxhl, Blancil .\P'0ra'to. Holt(1onzilvs. Imnv@ I Mall 1r.. I11;ino 'ro Keiloa County I'S('('l1ll\t': lilrl lit(1 \\IIIPI11 x'I}`, �ae 91/29/97 12:03 %2408 279 8537 __SCC/ERA isM002 E)GIIBIT"A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain.real rarp�erty situate in the County of Santa Clara State of Califomia, Loth -7-7 and 1�e683 and portions of Miller Avenue(formerly Wolfe Road)and Calle De u ec�� 77 — shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2,which map was February 15, 1955 in Book 54 of Maps at pages 42 and 43,in the Office of the Recorder of said County and State,more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Pm E.P' OLUVI.q . OL�+- -2Ll.Ot3` .�•'� -Q i,b'..Q_ G .�.i;-+' (`'.,dxif ..t!.,L-�..+t„„ �-�i" y Trap, KJi%ojF ) 'I]iaa 2"51'S8"E,29L82 feet elsWlhe-e�lines eza 4 of C, ed.;;Catle"degau�lemag,5^g " we e y boundary of Lots 83, Gftu>�e 82, 81, 80 and 79 to the northwest corner of Lot 79; "PSimmN89°30'E,32.15 feet a4anM&2 y eatation°a°�1'�G „R ' 'r �epnyautixied:„CaAe de gaiselona86=Nbsait} tgthe northerly boundary of Lot 79, 165. an ,Thaaaa14O'30'W, 105 feet^'^^�:p�'^ea� G+ ot. arur�ea�iara2erfl°eyE"Eit4axra Q!' Qupwsa westerly line of Lot 78 to the northwest comer thereof; Wkern!N89"30'E, 18.28feetalong ` /Gup the northerly line of Lot 78; I., � e.3rce 11e. edalvn0!- artc�f Larl ']� C,44wnewN0'30'W 150.01 feet along-the ffne`o Of 86"to the northwest comer of Lot 77; -rywv,ce Calls Cie R�Or Ge(eV-a -VkeneeAN89°30 $ 159.82 feet along the southerly of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line o �ller Avenue; 6ri InG Thmc*2 51'58"W,57 qq5.5 feet more or less along the easterly line of Miller Avenue to the northerly line of the San Jose-Cupertino Reorganization of July 1, 1979; aler,goa.cf emu . �a{ �.atrr� v,. l1t1�11rt I f vlC!t C� Thearc!l87145'W,45 feet more or less yy nerlheriy�ne of�Ite4S > / ) $-mintian of the centerline of Phil Lane(formerly Miller l Avenue); �a1lGGttiiq u met northerly 20 feet the along Smais soJ e CTAWAving the centerline of Miller Avenue; "'✓ 41/29/97 12:04 $408 279 8537 SCC/ERA / �03 TI I /1 ' c UQimp 6iN87°45'W, 150.01 feet along henertkerly4ieeefhkaJesw-Fperna°Rxoraniza ,• 11 �999 to the Point of Beginning. Containing 2.284 acres more or less. (Of v APN 369-15-001 369-15-003 369-15-004 369-15-005 369-15-006 369-15-007 369-15-008 QROFEssla�ra vis � U � � x N i Jjq CIVIL i lF OF C��` 01i 91/29/97 12:04 '&408 279 8537 SCC/ER.4 10004 CALLE DE BARCELONA 0 ORIGINAL INCORPORATION z c OCTOBER 1955 D� < 0 Dc~j Q�O t N89'-- r- ------— ----- PMIL LANE i � .ez• � G� ;1f 77 G�p�. VICINITY MAP 'ooj� c NOT TO SCALE nib n LOT 77 ziI APN 369-15-001 I I LLY E.BAR�ELONA A SQ.FT. `t — - .1516 1516 AC. Na5'�� ` 1a.28" LOT 78 3I� I APN 369-15-003 o� 0 7,894.57 SOFT, I' n 76 j .1812 AC. Iz z!� n a s Z m Nag 2 30'E'II r-J cm n N Q Q 32.15' n ;n w O 11 Ig o LOT 79 z J' i� 79 APN 369-15-004 a 'I 6.066.68 SOFT. z m .1393 AC. <~i1 W II ��� 4. LOT 80 w 80 4 APN 369-15-005 a h i t H 6.195.00 SOYT. niI 81 .1422 AC. O 1I N z;l LOT APN 3169-15-006 eP�FESSlpy9 6,195.00 SQ.FT. Q4.O }, vi$ 1422 AC. h<y �'� `�C 82 G I LOT 82 I •• } • APN 369-15-007 A 6.195.00 SQ.FT. N J• . ' 83 .1422 AC. a ,I LOT 83 — — — — — S PHI LANE APN 369-15-008 ST owl NS TOO" ru.00' 6,254.33 SQ.FT. 'QT •;�.+'� .1436 AC. FOF `. "� N87'4�:Oa}jW i SAN JOSi'-CUPERTINO REORGANIZATION, JULY 1, 1979 LEGEND: BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — = BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS 1�, DATE: OCTOBER 1996 SCALES 1" = 100' TiT.l. 1CrecG� 3Y: N. LEE REVISED: 1 22 97 CITY OF CUPERTINO EXHIBIT"A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the County of Santa Clara, State of California, Lot 79, Lot 82, and Lot 83 and portions of Miller Avenue (formerly Wolfe Road) and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2,which map was recorded on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State,more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Thence N2°5l'58"E, 291.82 feet along the easterly line of that certain annexation to the City of Cupertino entitled"Calle de Barcelona 85-06" said line being the westerly boundary of Lots 83, 82, 81, 80 and 79 to the northwest comer of Lot 79; Thence N89°30'E, 32.15 feet along the northerly line of that certain annexation to the City of Cupertino entitled"Calle de Barcelona 85-06"said line being the northerly boundary of Lot 79, Thence NO°30'W, 105 feet along the easterly line of that certain annexation to the City of Cupertino entitled"Calle De Barcelona 85-06"said line being the westerly line of Lot 78 to the northwest comer thereof, Thence N89°30'E, 18.28 feet along the northerly line of that certain annexation to the City of Cupertino entitled"Calle de Barcelona 85-06"said line being the northerly line of Lot 78; Thence NO°30'W 150.01 feet along the easterly line of that certain annexation to the City of Cupertino entitled"Calle de Barcelona 85-06"to the northwest comer of Lot 77; Thence N89°30'E 159.82 feet along the southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line of Miller Avenue; Thence S2°51'58"W, 576.55 feet more or less along the easterly line of Miller Avenue to the northerly line of the San Jose - Cupertino Reorganization of July 1, 1979; Thence N87°45'W, 45 feet more or less along the northerly line of the San Jose- Cupertino Reorganization of July 1, 1979 said line being the centerline of Phil Lane(formerly Miller Avenue); Thence northerly 20 feet the along San Jose -Cupertino Reorganization of July 1, 1979, said line also being the centerline of Miller Avenue; Ow • Thence N87°45'W, 150.01 feet along the northerly line of the San Jose -Cupertino Reorganization of July 1, 1979 to the Point of Beginning. Containing 2.284 acres more or less. APN 369-15-001 369-15-003 369-15-004 369-15-005 369-15-006 369-15-007 369-15-008 QRpfESSlpy9 V I S m N � s» clVl - '9TF OF CA1.1t��� AOL CA DE BARCELONA 0 ORIGINAL INCORPORATION i OCTOBER 1955 tx > s Q < w W �tx P� J t1 � a /M89.3vr i r � d--1 .82' , J PHIL LANE I� I ;il 77 VICINITY MAP giI S NOT TO SCALE LOT 77 01l - = APN 369-15-001 6.605.85 SQ.FT. II CALLE DEBAR ELONA ,1516 AC. - N89'It 30 15.28 LOT 78 APN 369-15-003 ojI o 7.894.57 SQ.FT. 0 n I 2 78 z .1812 AC. o zil w II > ZO m N89'30'EI a ; r-- cr 0 F Q a �I 32.15' J n y Z of i 79 I� LOT 79 z II APN 369-15-004 a c 5,066.68 SQ.FT. z m it I .1393 AC. 80 LOT 80 w WjI APN 369-15-005 6,195.00 SQ.FT. mil = 81 .1422 AC. z;� " LOT 81 �pFESS10 II APN 369-15-006 Q q I . AC.6,195.00 SQ.FT, h��k� ` ), VIS G/O 82 y LOT 82 1 I APN 369-15-007 j II 6,195.00 SQ.FT. N U'1 . 83 .1422 AC. .i I 1so.m• LOT 83 S PHIL LANE APN 369-15-008 Sr C1vi „�'. . `,:• Naras'oa'w 45.00_ _ 6,254.33 SQ.FT. qrF �F ! n�Y P.OB. �------ .1436 AC. N8T'45'00"W SAN JOSE-CUPERTINO REORGANIZATION, JULY 1• 1979 LEGEND: BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — = BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS DATE: OCTOBER 1996 SCALE: 1" = 100' BY: N. LEEI REVISED: 1 22 97 CITY OF CUPERTINO � 1 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: MILLER AVE. 96-10 Situs Address: 10431, 10461,10471 Miller Avenue and consists of X annexation to CITY OF CUPERTINO _detachment from (name City/District) of 1.666 (number of) acres on the west (n/s/e/w) side of Miller Avenue (Street/Avenue) between Calle de Barcelona (Street/Avenue) and Phil Lane (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) X uninhabited. 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: annex parcels and a portion of Miller Avenue 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 hasihave signed as (check one): X owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponent(s) X do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners *nnStreet Address Assessor's Election City/State/Zio ParcelNo.* or Precinct No.** 10300 Torre Avenue 369-15-004 Cupertino, CA 95014 369-15-007 (408) 777-3354 369-15-008 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: MILLER AVENUE 96-10 Annexation ) Detachment ) to from 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 arezoned the territory on 9/16/96 ( 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 CHARACTERISTICS OF THE AREA 1. Number of acres 1.666 2. Number of inhabitants 0 3. Number of registered voters 0 4. Number of dwelling units 3 5. a. What is the present use of the area(be brief, but specific): Single Family Residence b. Indicate the parcel numbers of those parcels, if any, which are under contract under provisions of the Williamson Act: N/A c. What steps, if any, have been taken or are proposed to be taken to release the above parcel(s) from the contract? 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area (Note: Prezoning is a filing requirement for city annexations): PRE-PR b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES _NO X If yes, indicate the new zoning which will be sought? 7. For City or district annexations, describe the development being proposed for the territory, if any , and when this development is expected to begin. Provide frontage for Creekside Park. 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES X NO If NO, please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES — NO X If YES, answer the following questions: a. Number of acres in the island, corridor or strip? (If more than one island is being created, indicate the acreage of each island.) b. Number of inhabitants? c. Assessed value? d. Land use and zoning in island, corridor or strip? e. Describe present and proposed sewer and water services in island: f. Does the proponent request waiver of restriction against creation of an island? YES _NO_ If YES, explain why creation of an island is justified? SERVICES 10. Is the territory proposed for annexation/detachment/reorganization in the City or District's urban service area: YES X NO_ 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES NO X If YES, what arrangements will be made to provide sewage disposal? 12. Will the extension of sewerage and/or water services or the construction of any public improvements to the affected territory be financed by the formation of a special assessment district? YES NO X Suppl. Appl. -3- If YES, describe service (s) or improvement(s) and the average cost per resident/landowner of the district. Service/improvement: Cost: $ lyr. 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 Elementary School District Cupertino Sanitary District Fremont Union High School District Mid-Peninsula Open 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 (408) Petition City of Cupertino 777-3354 10431 Miller Avenue 369-15-004 $83,440 10461 Miller Avenue 369-15-007 $180,000 10471 Miller Avenue 369-15-008 $52,415 *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 n e of person completing this CUPERTINO, CA 95014 ap t n o 1-3 9 Sign e) (Dat ) NOTE It is a gene 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-1000/o 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- 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: MILLER AVENUE 96-10 Situs Address: 10441 Miller Avenue and consists of X_annexation to CITY OF CUPERTINO _detachment from (name City/District) of 0.1422 acres on the west (n/s/e/w) side of Miller Avenue (Street/Avenue) between Calle de Barcelona (Street/Avenue) and Phil Lane (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) X uninhabited. 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: annex parcel. 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): X owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponent(s) X do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s)request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's Election name below) City/State/Zip ParcelNo.* or Precinct No.** e �P 369-15-005 Date: �77—T " Phone: -G�o.- t r � /o vv/ mic c4-QL Avg- O.o✓no /- C 40Vc;11r,11v o Date: /- 7 - S 7 Phone: (0- aj 2�!- S 4 9'-3 *- For proposals involving uninhabited territory or for landowner-initiated proposals. **- For proposals involving inhabited territory or for resident-voter initiated proposals ORDER No.:.............................................n71NkU;3Q4 mE U1-- +05^ ��jj Recording Requested By: D"uu93`0,4 Pita U[(?? 1 Lawyers Title Insurance Corp. ILED FOR RECORD h0 P• - AT REQUEST OF 3005 WV1574 lAWYM TITLE INSURANCE CONPOIUITION an when recorded mail to: •. d Mr. grid Mrs. David Sandberg APR B 12 41 PH '71 1011111 Miller Avenue )in Jose, ';alifornil C� OFFICIAL RECORDS OLARA L _j ry SGEORG�En�ER. F1�O�WLESY Space above this line i�teSYff-ior recorder's use snail tax bill to: Tho R.f�,.Iwood B1nk P.O. Box 120 San F.afael, Cal.iforntri L J GRANT DEED I.R.S. $...z8.o5..:t�1.1. Ilu CMILL J . DOMITI311 iiND ZUL,L I). DOMITLR, his wife FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Do e g Ilereby Grant To DAVID C . JANDBERG AND BARLARA J . SANDBERG, his wife, AJ JOI14T MlitlI1'S the real property in the City of' San Jose County of Slrlta. Clam State of California,described as follows: LOT 10, "TRACT 140. 1343 CA-)A DEL 30L NO. 2119 filed for record on February 15, 1.955 in Book 511. Of Maps pales 142 and 43 , tnt,I Clara County Records. rxcu, ING THEREFROM the underground water as granted in the Deed to Jan Jose Wetter Works, a California corporation, recorded April 26, 1955 in Book 3152 of officill Records, page 349. Dated: April 10, 19';1 Nv� ......................................................................................................_. 4. - STATE OF CALIFORNIA 1 Eula P. Domiter COUNTY OF Jatlta Cl.,'17"1 JS SS. On ....!":.Pri}..... 1.,.....1. .Z.l............................. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Carl J. DOnriter aTld. CUl1 T • Domiter ............ .............................................._.........._................_......... ........................................._..................................... ................................................................................................_.......................................................................................................................... known to me to be the person(s)whose names) is (are)subscribed to the within instrument and acknowledged that._ :_1.�:Y executed the same. nnmtlllltlrtnmtlrlllnmmltnnmlr WITNESS my ha and offi/cam/ia�l seal. - ml OFFICIAL SEAL GLAS Signature .. ._ �T�fer!' ... .. ..... .-=r• o NOTOAa, NN C. STRALIFOOH+A UOU l.A$ L RATTQ PRINCIPAL OPIICI IN Intl .............................. . .......................................................................... a COUNTY OF tAtITA C6AIA NAME (TYPED OR PRINTED)My MPPnlllrltrrl BiHTAi}It�flih[nI111Q/Pllt!r Y COMMISSION EXPIRES MARCH 9, 1975 to tttN FORM NO. 201 MAIL TAX STATEMENTS AS DIRECTED ABOVE 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: MILLER AVENUE 96-10 Situs Address: 10451 Miller Avenue and consists of X_annexation to CITY OF CUPERTINO _detachment from (name City/District) of 0.1422 acres on the west (n/s/e/w) side of Miller Avenue (Street/Avenue) between Calle de Barcelona (Street/Avenue) and Phil Lane (Street/Avenue) and (if applicable) _annexation _detachment of the same to/from (name City/District(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal, marked Exhibit A and a map of 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) X uninhabited. 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: annex parcel. 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): X owner(s) of land within the affected territory. registered voter(s)within the affected territory. 9. The undersigned proponent(s) X do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s)that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's Election name below) City/State/Zip arcelNo.* or Precinct No.** ` -,VM l t- 0�k MAC ev AJ 369-15-006 -ZOL-.e.\ 5 Cl� Date: I / 14 1 q 1 Phone: (LI A)1S2 - '.).9 t 0 X Date: Phone: ( ) _- *- For proposals involving uninhabited territory or for landowner-initiated proposals. **- For proposals involving inhabited territory or for resident-voter initiated proposals JAN183 ( 2692 * 95.15 • RECORDING REQUESTED BY Golden State Title Company Escrow #322227 EMA APN #369-15-006 Code 63-006 AND WHEN RECORDED MAIL TO: - i'SG2692 8:00 Name Mr. Daniel S. McKernan AIy' Addless 10451 Miller Avenue RECmded 8t ft Mq� o Atltlre SC cityA Cupertino, CA 95014 REC FEE / GOLDEN STATE TITLE L ate LlQp MAIL TAX STATEMENTS TO: MICRO JAN1O 1v173 Name r LIEN NOf GEORGE A. MA", Resmft Street SAME AS ABOVE SMPF SBb Clam �°DtdM Atltlress City a Stare Ly J SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Dee A.P.N. THIS FORM FURNISHED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY c The undersigned grantor(s) declare(s): Documentary transfer tax is$ 95.15 4mul computed on full value of property conveyed, or 1 ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Unincorporated area:( )City of and rFOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ARTHUR PATRICK MC KEFdM and ROSEMARIE MC KERNAN, husband and wife, M hereby GRANT(S) to DANIEL S. MC KERNAN, a single man, the following described real property in the County of Santa Clara , Stale of California: Lot 81, Tract No. 1343 "Casa Del Sol No. 2", filed February 15,1955 in Book 54 of Maps, at pages 42 and 43, Santa Clara County Records. (Arb #371-10-019) Dated: January 5 ,1983 1-7 Arthur Patrick Mc Kernan STATE OF CALIFORNIA SS. COUNTY OF I / On before me,the under- signed. a Notary Public in and for said Slate, personally appeared Rosemarie MC Kernan zi known to me to be the person whose ammo subscribed to the wi life rstrumenl and acknowledged that executed the same. WITNESS my hand and official seal. Signature Nome ITTPed or Primed] (Thb ere.for officl.l eol.rlsl sell Title Order No. Escrow or Loan No. Form 31e5 MAIL TAX STATEMENTS AS DIRECTED ABOVE. I o222 1< �!6 C L Ug I O Ra W Q 9 2 °dl J a F loll r 0 'z z � E E � 0U = U a U p ~ ZU e h C u 1=i1 zz < a C O V ro Q Y T C z 'caEo L v b ,a = Ovoa 22 N ~ zu` i c zJa O auuwuunuunuttuununtnmtwnulxuwu� On 59 £861 'ZI I!rdV 'Ox3 •uxuo) r u LN3490DMONAOV SS3NLIM .. vxvu VINvs 10 urinm 3111 NI nwo wdrr J ilr/rr f 6AnIrr,V V11130111VJ — allow A NOSIAVO ,t_IrT :�w i r� � Y '1V35 9VIDIdr0 `\�J�r. rlNlllllllllllllllll Ulllllltll/IIIItlII Ylllllltlill[111Y lun IuurJJo un._uny ,{W S'S'J.V.L/JI vr+uJl.m u ry 01✓✓✓I/I ✓luau "g y✓qu✓rgnr luvr((v purr 1pryl pur. :✓unrr n/I p✓!ru✓r.rt(au lvyt JunlJ(u pmr ut p✓!,p✓/a>,uu.r rn Sat rev✓ PVT M111 :✓Wvr �yl u41l✓P pup Iu✓r 'utirr 'o!✓ur/J 'Sa'T 7.nr✓ ru !u✓w n.yuu uupun 'It' pgnt✓x✓ ayan I,uv u! pnp.uvp - 6 you✓✓ ntt °4 °1 II([[r' of u.nouv 'fnvuorl✓✓ uEuzag t B L S ru __ a'nuqv.rn lur!v ... a rxrscg ! znpiFIeu st ;?[jL o...ZRxo. u! upfJJ "aqJul.L prr )un fInp ✓W fq puug uu/Jrnarf! v1tuyu✓rynrt1 ✓Wuuarorprvuou✓d ✓/I ✓.uPyu! rr✓u✓✓u rnruu�nr v- rruam un✓ttarrrpn>Q o! ✓ur o! u..oOUJ ...... . ... _... __.,fpnuuuf ✓1vIS Puu 6/un ✓ J / jE3{2J 70ljE ] a £86t 1'✓u�,✓✓u 19 r(ZEnuer u0 1 VHV'17 V.I.NVS JO AAX'I":"-' - `_ 0 • 11 VINITO:IPIV:) J0 ,13.I.S City of Cupertino (408) 777-3249 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-K,NOX 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: MILLER AVENUE 96-10 Situs Address: 19480 Calle de Barcelona and consists of X_ annexation to CITY OF CUPERTINO _detachment from (name City/District) of 0.1812 acres on the west (n/s/e/w) side of Miller Avenue (Street/Avenue) between Calle de Barcelona (Street/Avenue) and Phil Lane (Street/Avenue) and (if applicable) _annexation _detachment of the same to/from (name City/District(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal, marked Exhibit A and a map of 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) X uninhabited. 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: annex parcel. • 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 hasthave signed as (check one): X owner(s) of land within the affected territory. registered voter(s)within the affected territory. 9. The undersigned proponent(s) X do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s)that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's Election namebelowl City/State/Zip Parcel No.* or Precinct No.** 69-15-003 Date: /V Phon fY/ ' Q NiyP ��1�(7M,{ffPeI"�iHA Date: Phone: (z�4_zf� vvrl *- For proposals involving uninhabited territory or for landowner-initiated proposals. **- For proposals involving inhabited territory or for resident-voter initiated proposals Recording Request � 11804307 T.D. SERVICE CCMPANY FiLEU F+;^. JU7 A� Idies1 Recorded Mail To F:E� J=F AT REQ!i { Q^" T.D. SEARVICE Co. GIN KM= & BARBARA S (229) :_.._,� . 1�80�� DE BARCELONA --- Mae 8 12 20 PM 93 Cn -73 'IDS CA 95014 - --I 1S C'_A: . COUNTY c - _ 4m Recon No. : 93-03-35381-C-W - a_cO� E' CA) Order No. : N Ref No.: 3361-0/MqRCMME C1 Space Above For Recorder Use FULL R E C O N V E Y A N C E T.D. SERVICE M4PANY, A CALIFORNIA CORPORATION is the duly appointed Trustee under the following described Deed Of Trust: TRUSTOR: ITT (yg� SIQ202M AND BARBARA J. SIQROMII•4E, HIS WIFE IN JOINT TENANCY Recorded: O=BER 31, 1991 as jrjs * No-: 11112405 In Bodo: L911 Page: 1337 of official records in the office of the County Recorder of SANTp QUA County, State of - Said Deed Of Trust describes the following property: AS MORE FULLY DESCRIBED IN SAID DEED OF MWr The undersigned has received from the holder of the obligation secured by said Deed of Trust, a written request to reconvey, in accordance with the terms of said Deed of Trust. Therefore, in accordance with said request and the provisions of said Deed of Trust, the undersigned, as present Trustee, doe, hereby REO01-rm, to the person or persons legally entitled thereto, without warranty, the estate, title and interest now held by the present Trustee under the above described Deed of Trust. -D- SERVICE Dated: MARCH 03, 1993 STATE OF CALIEDIZNIA } BY �'�`�✓ INES County of CONTRA COSTA VICE ASSISTANT T VICE PRESIDENT On MARCH 03, 1993 before me, DIANA CURL , personally appeared BARBARA RAINES /ASSISTANT VICE PRESIDENT , Personally ]mown to me (or proved to me on the basis of satisfactory ell": to be the person e s) whose name(s) is/are subscribed to the within instnm!ent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument'WITNESS MY andThe area below is for official notarial seal) :official seal- C41M ACURL Signature �� <,Trl,tit. COM.M.0 934570 3 r'C��1pI NJICry P_iC—Cci1f:Tla S CURL ?ny C .Mm c= :Q. Name(typed or printed) RECCPCINC REOUES-E_- BY L 9 5 0 PA GE 0 O 0 i 1 "i 50049 T.D. SERVICE COMPANY F;L'_= iT REC9, 1 - KERMIT & 13ARBARA SKROMME RM 19480 CALLE DE 13ARCELONA DEC Z 37 Fi� t9� CUPERTINO M11 9TCF - :'OS CA 95014 ilEa - -GUNTY A a c Recon. No 91-11-21895—C—W Order No j Ref No 3361-0/SKROMME SPACE ABOVE FOR RECORDER'S USE ONLY Full Reconveyance T-D. SERVICE COMPANY, A CALIFORNIA CORPORATION is the duly appointed Trustee under the following described Deed of Trust: TRUSTOR: KERMIT OTHLELLO SKROMME AND BARBARA J- SKROMME, HIS WIFE IN JOINT TENANCY Recorded NOVEMBER 5, 1985 as Instr. No.8585633 in Book J510 Page 1155 of Official Records in the office of the county Recorder of SANTA CLARA County, State of California. Said Deed of Trust describes the following property: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The undersigned has received from the holder of the obligation secured by said Deed of Trust.a written request to reconvey.in accordance with the terms of said Deed of Trust.Therefore.in accordance with said request and the provisions of said Deed of Trust,the undersigned. as present Trustee.does hereby RECONVEY,to the person or persons legally entitled thereto.without warranty,the estate,title and interest now held by the present Trustee under the above described Deed of Trust.T.D. SERV Dated NOVEMBER 26, 1991 STATE OF CALIFORNIA By COUNTY OF CONTRA COSTA :5 JUNE Y ISTANT SECRETARY On NOVEMBER 26, 1991 �i Lb]efore me. the un is ned.a Notary Public in and for said County and State. personally appeared JUNE liHRISTY efsonally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as ASSISTANT SECRETARY of the corporation therein named and acknowledged to me that the corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. CFRCIAL SEAL WITNESS my hand and official seal. *' *_ $MAND Signature 1 �.. `I D STRAND ---- ; , :,, . • '11724599 R EPRecerdad et the roque�t or STEWART TITLE Recording requested by: of CALIFORNIA 8:00 And after recording return to: JAN 8 1993 A.M. x o skromme Laurie Kane, Recorder 19480 Calle Barcelona Santa Clare county, Official Records Cupertino, CA 95014 60 1:�-]�y SUBSTITUTION OF TRUSTEE and DEED OF RECONVEYANCE R #156347-7 METROPOLITAN LIFE INSURANCE COMPANY as the Owner and Holder of the Note secured by the Deed of Trust dated December 3, 1956 madeby Kermit Othello Skromme and Barbara J. skromme, his wife asTrustor,to Union Bank & Trust Co. of Los Angeles, a California corporation as Trustee, for the benefit of Western Mortgage Corp. , a California corporation of Los Angeles California , as Beneficiary, which Deed of Trust was recorded in the office of the County Recorder of Santa Clara County, California, on December 13, 1956 as Instrument No. 1285795 in Book 3685 , Page 179 hereby substitutes RAMPART INVESTMENT COMPANY, a California corporation, whose address is 700 North Central Avenue, Glendale, California 91203 as Trustee in lieu of the above named Trustee under said Deed of Trust, RAMPART INVESTMENT COMPANY hereby accepts said appointment as Trustee under said Deed of Trust and, as successor Trustee, pursuant to the request of said Owner and Holder and in accordance with the provisions of said Deed of Trust, does hereby RECONVEY without warranty to the person or persons legally entitled thereto all estate now held by it under said Deed of Trust. IN WITNESS WHEREOF, METROPOLITAN LIFE INSURANCE COMPANY and RAMPART INVESTMENT COMPANY have caused these presents to be executed_ by their duly authorized officers this 7th2 day of November 19 86 METROPOLITAN LdFE INSURANCE COMPANY_ RAMPART INVESTMENVOONIRANY, BY: GENSTAR,k0RTGAGE CORPORATION, A CALIFORNIA CORPORATION. ri A DELAWARE--QQ .P,OR'ATION, Its Attorney-in-Fact ' y: , hdr red ignatof �AVthori2el Sjbnatqt - Bev erlyFL.. oyp ' Viee. Pzeflldent Teresita Qya, 'Diee•lPrepident STATE OF CALIFORNIA ) '' STATE OF 64]Q dRNPA I ) ;-. COUNTY OF LOS ANGELES')'SS. COUNTY OF Lq AJNGE LES ) SS. On November `/, 1986 before me, the On November 7, 1986 before me, the undersigned, a Notary Public in and for said State, undersigned, a Notary Public in and for personally appeared Beverly L. Mount said County and State, personally appeared known to me to be the Vice President Teresita Que of GENSTAR MORTGAGE CORPORATION and known known to me to be the Vice President to me to be the person who executed the within of the Instrument on behalf of said GENSTAR MORTGAGE corporation that executed the within Instrument, CORPORATION, the corporation that executed and known to me to be the person who executed the whose name is subscribed to the within Instrument within Instrument on behalf of the corporation as Attorney-in-Fact of METROPOLITAN LIFE therein named, and acknowledged to me that INSURANCE COMPANY, thereto as principal and the such corporation executed the within Instrument name of GENSTAR MORTGAGE CORPORATION, as pursuant to Its by-laws or a resolution of its Attorney-in-Fact for said Metropolitan Life Insurance board of directors. Company and that said GENSTAR MORTGAGE WITNESS my hand and official seal. CORPORATION executed the same as such Attorney- in-Fact. WITNESS my hand and official seal. l &5ge Dolores C. Chatham Dolores C. Chatham 1N.NI.N111«MNIIMNINIIIII.N».1 NI»fq.1.N11NIN1111».NIIIII.I.M.» OFFICIAL SEAL' ; OF FIOf Al SEAL; DDLORES C.CHATIIAM = DOIARES C. CHATHAM "® NOTARY PUBLIC-CALIFORNIA j ; obi_, NOTARY PUBLIC-CALIfORNIA ; 1 Principal Office in ; _ Principal 011ice in RIC ff33 = LOS ANGELES COUNTY; LOS ANGELES COUNTY ; My Commission Expires March 3, 1989 ; My Commission Expires March 3, 1989 ; •.............«.«...1...111.«.11,..1111 1.«....111«.»..«.11».1«.......... •This'Deed .of TrLst, Madethi9"•'"'tf" " 3rd-- day of Deeel� 19 56, between KERMIT OTF "AS KROMfutE and BAR-BARA J. SKROMME*a wife her called rnusroR, whose address is 19480 Calle De Barcelona CUPERTINO P.O., CALIFOI?MA (Number and Street) (City) (Zone) (State) UNION BANK & TRUST CO. OF LOS ANGELES, a California Corporation, herein called TRUSTEE, and WESTERN MORTGAGE CORPORATION, a California corporation, of Los Angeles, California, herein called BENEFICIARY, Wltnesseth: That Trustor IRREVOCABLY GRANTS,TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of Santa Clara State of California,described as:LOT 78, as shown upon that certain Ma entitled °TRACT N0. 134 CAS DEL SOL NO. 211, which Map was filed for record in the office of tie Recorder of the County of Santa Clara, State of California, i February 15 1955 in Book 54 of Maps, pages 42 and 43. EXCEPTING THEREFROM the underground water as granted in the deed from Peninsula Title Guar— anty Company y a corporation, to San Jose *ater Works, a California corporation, dated April 22, 1975, recorded April 26, 1955 in Book 31.52 of Official Records, page 349e Together with the rents, issues and profits thereof, Subject, however, to the right,power and authority hereinafter given to and conferred upon Bene- ficiary to collect and apply such rents, issues and profits; For the Purpose of Securing performance of each agreement of Trustor herein contained and payment of the sum of .TYMVE...THQUAN)..FOUR.. ... ... ... ............. .... ($...72a45Q.00...............) with interest thereon according to the terms of a promissory note, dated.........J.)AQ.Amb.er.Jrd............... 19...56..... payable to Beneficiary or order and made by Trustor. A. To protect the security of this Deed of Trust, Trustor agrees: (I) To pay the note above referred to according to its terms. (2) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; hot to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to do all acts which from the character or use of the property may be reasonably necessary. (3) To provide, maintain and deliver to Beneficiary fire and other insurance required from time to time by Beneficiary,satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (4) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may be made a party. - (5) To pay: (a) when due all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all in- cumbrances, charges and liens, with interest on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust; (b) to Beneficiary, as a service charge, an additional sum equivalent to two cents for each dollar due hereunder if delinquent more than fifteen days from due date thereof; (c) notwithstanding any other provision contained elsewhere in this Deed, the obligation of Trustor to pay for legal services shall be limited to a reasonable amount for legal services actually performed, not to exceed ten percent of the unpaid in- debtedness as of the date of the first uncured default, or $250.00, whichever is less,and the Trustee's fees chargeable to Trustor shall not exceed five per cent of the unpaid indebtedness. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof,may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such put- poses; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (6) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the rate provided for in the principal indebtedness and the repayment thereof shall be secured hereby. (7) To add to each monthly payment required hereunder,or under the evidence of the debt secured hereby, an amount estimated by the Beneficiary to be sufficient to enable Beneficiary to pay, as they become due, all taxes, assessments (including assessments on appurtenant water stock), and pre. miums that will become due and payable to renew the insurance on the premises covered hereby against loss by reason of fire or such other hazard as may be required by Beneficiary in amounts and in a company or companies satisfactory to Beneficiary, and similar charges affecting said property; any deficiency because of the insufficiency in such additional monthly amounts to meet such payments shall be forthwith made good by the Trustor upon de, mand of Beneficiary,and any deficiency in the amount of this additional payment shall constitute a default.Should Trustor default in advancing the above stated amounts and such default shall continue for a period of fifteen (15) days, a 'late charge" of two cents for each dollar so overdue may be charged by the Beneficiary for the purpose of defraying the incident expense incurred. (8) For all purposes of this Deed of Trust all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets, and other plumbing and heating fixtures, mirrors, refrigerating plants, iceboxes, cooking apparatus and appurtenances and such other goods and chattels and personal property as are usually sold with, or furnished by landlords in letting, premises of the character hereby conveyed shall be deemed to be fixtures and a part of the realty. B. It is mutually agreed that: (I) Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof or any com- pensation, awards,other payments or relief due to damage to the property in any manner is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. Beneficiary, in its own name, at its option may appear in and prosecute any action or proceeding relative to such damages and/or may settle any claim therefor. (2) By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of any other sums so secured or to declare default for failure so to pay, (3) At any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without effecting the personal liability of any person for payment of the indebtedness secured or the lien upon the remainder of the property hereby conveyed for the full amount of the indebtedness then remaining unpaid Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating tlse lien or charge hereof. (4) Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right,prior to any default by Trustor in payment of any indebt- edness secured hereby or in performance of any agreement hereunder to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may ar any time and without notice, either in Person, by agent, or by a receiver to be appuinted by a court, and without regard to the adequacy or any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such tents, issues and profits and the applica. tion thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) Upon breach or default by the Trustor, as set forth in the last preceding paragraph, the Beneficiary may declare all sums secured hereby im- mediately due and payable either by commencing an action to foreclose this Deed of Trust as a mortgage pursuant to the statute in such case made and provided, or by the delivery to the Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the said property, which notice the Trustee shall cause to be duly filed for record in case of foreclosure by exercise of the power of sale herein. The Beneficiary also shall deposit with the Trustee this Deed and the said note and such receipts and evidences of expenditures made and secured hereby as the Trustee may require. Notice of sale having been given as then required by law and after lapse of such time as may then be requited by law after recordation of such notice of default, Trustee without demand on Trustor, shall sell said property at the time and place of sale fixed by it in said notice of sale, either as a hole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable 2J time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from me to time thereaftet may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to kch purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any ma ers or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as herein- after defined,ma urchase at such sale. COMPARED—ByJT V 218 6_38 CT1001j.56/S301117 After deducting all costs, fees and expenses rustee and of this Trust, including cost of evide f title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid with accrued interest at the rate provided for in the principal indebtedness; all other sums then secured hereby', and the remainder, if, any, to the person or persons legally entitled thereto. (7) The Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed, acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall beconclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where [his Deed is recorded, and the name and address of the new Trustee.The procedure herein provided for substitution of Trustees shall be exclusive of all other provisions for substitution, statutory or otherwise. (8) This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Bene• ficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) Trustee accepti this Trust when this Deed duly executed and acknowledged, is made a public record as provided by law. Trustee is not obli. gated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a parry unless brought by Trustee. (10) This Deed of Trust and any indebtedness secured hereby is made in accordance with, and subject to, the provisions of the Setviceman's Readjustment Act of 1944, as amended in 1945, and the Rules and Regulations of the Administrator of Veteran's Affairs issued pursuant thereto. In the event that the guaranty provided by said Act fails in any respect to attach to the indebtedness secured hereby to the fullest extent permitted by said Act and said Rules and Regulations, or in the event that, having attached in any amount to any of said indebtedness, said guaranty is de• creased in an amount without a pro rant decrease in the amount of said indebtedness, then Beneficiary may, at its option, declare all indebtedness, obligations and sums secured hereby to be immediately due and payable by delivery to Trustee of a written Declaration of Default. C. The Undersigned Trustor Requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at his address hereinbefore set forth. SIGNA RE OF TRUSTOR ..19480.._Calle_.De.._Barcelona_,_Cupertino,Cal. 1948 0..C al 1 e..,De_..Ser.c el ona.,..Cupe rt ino,Calif.X..'' �j/ .. .....<:- =rCox........ STATE OF CALIFORNIA ) s ^ry C SPACE BELOW FOR RECORDERS USE ONLY COUNTY OF I)S SS. 01 r�dee±x as Trust Deed and Assignment of Rent. ................._Santa. Claxa................................. 3UU`l ( J I)ccernb!r bth 1 6 mr, t, mc-1 On ....................-.............J...9�r......................................., before me, the undersigned, a Notary Public in and for said County and State,personally appeared rAg0 +fO'R RfCORI3 ' KEWIT OTNELLD SKRONIAF and 1 fl�l ST (tf ...__---A1?tT..AIPA`......SKROf U4Ex_.his..wife.._.... :..........:...:......... .... . . . g�� itle nsunalnl ..:................ known Xkpmetr se the pe inn.:S whose name9 8V nE�' 13 J 44 H 11 sabsctibed'to fhe•,Yaitlim; iditrument and acknowledged that ' ikL4JC . �`I" OFFICIAL Itc0pRD5 •r.::..:....... executed the same. WIT,NBSS -my•hand;and'oflikial seal. WiTA CLARA COUNI'Y (Sea l)^.t`. �>'1.�:..� .. ..�. C RECORDE Notary Pubfie'i4:and lot said County and te. If executed brS•a CoTyaratwn the Corp onN. orm of ^ A, -owid 91..nt mart be aced. L) REQUEST FOR FULL RECONVEYANCE � 0 To Trustee: Dated I v"�r"""""'s�f !ne y ` r•"p C) The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of e" —{< (D OZ 4 Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are 2 A . hereby requested and directed, on payment to you of any sums owing to you under the terms of Co E� s said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered L O rT to you herewith together with the said Deed of Trust, and to reconvey, without warranty, to the p parties designated by the terms of said Deed of Trust, the estate now held by you under the same. In � O' METROPOLITAN LIFE INSURANCE COMPANY ... Q METROPOLITAN LIFE INSURAF?CE ON, a Da�Ware o ...GENSTAR.MORTGAGE CORPORATION, w' Corporation, Its Attorney In 1 act.................................... M M ,A A RY Vice President ria. )n o a M E T ` LM-,1 a 0 p p L-, D Z w n m i N p N Q n W 70 n, o o ry o ry a w' r) �i W ' u T q ZG) o N 0 " — a z N p a ^E .ns•-i�i+�wi.�s�Vy,4H4Wt,fspWehst�f. 'S4„rM �+r:;,rr ... ......:: .. .• . „.�., r•:�.,-.ux:rzr x. � ,.. ..,.,>,wr<xw.Mawr,_�:.r.erruty�.rnrsaaar�asesir�,mv.r IRS $14 .30 (CORPORATION) JOINT TENANCY DEED PACIFIC HEIGHTS HOMES, INC . , a corporalipn organized under the laws of the State of California does hereby Grant to KERMIT OTHELLO SKROMME and BARBARA J. SKROMME, his wife In Joint Tenancy, all that real property situated in the County of Santa Ulara State of California, described as follows: LOT 78, as shown upon that certain Map entitled, "TRACT NO. :y - 1343 CASA DEL SOL NO . 211 , which Map was filed for record in 0� the office of the Recorder of the County of Santa Clara, State of California, February 15, 1955 in Book 54 of Maps, pages 42 and 43. EXCEPTING THEREFROM the underground water, as granted in the deed from Peninsula Title Guaranty Company, a corporation, Q� to San Jose Water Works, a California corporation, dated _ April 22, 1955, recorded April 26, 1955 in Book 3152 of pOfficial Records, page 349. ys° > This Deed is made subject to the Declaration of Restrictions made by Peninsula Title Guaranty Company, a corporation, recorded February 17, 1955 in Book 3089 of Official Records, page 274, with the same effect as if same weret incorporated in this deed. Q In IY'itness Irlbereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrurnynT, to be executed by its duly authorized officers. " > December 13, 1956 PACIFIC HEIGHTS HOMES,;, NC I Dated: ............................................................................ ................. ..............................................._...... ....,. ................................. �. SOLELY FOR RECORDERS USE STATE OF CALIFORNIA ......................COUNTY OF ss. i S�.aF.ila----Ca..ara.......................... BBar,3G85 PAU1.78 December .13 , 1.956 On............................. . ............................................................................. before me, the undersigned, a Notary Public in and for said FILED FOR RECORD """.. ...gig-ra.............County and State, personally appeared ATRERUESf OF ...........George._L........Qu........................................................------------- known to me to be the............................................................President, and ..•_Gu , D. oil� lilt Insu4lmle .Ca. �*.`...i- Marionette....................... ........................... LIEc I 3 I 1956 .� ;4 t1 knowyo.n{e Io,EP INe��._1..........................................................Secretary of the 1.prpJ.;;ilui ihef eiecladd the within instrument, and known to me f;rla 1.^,IAL 1;c.0URUS to be she plrs<ini+wlio'rxe$uted the within instrument on behalf of the J` Sk.N i'A Ct AIIA 0OuN1Y corpmdt(on Iherem naa BdM and acknowledged to me that such corps r'Iwsk a ecuted, he same. L RECORDEfr / WIfIsid" hand and ofliciala[. _ ,, '•rt;.:•'., } Notary Public A l Comm islis'nrEhpires: 5/ 7/59 ro.. COMPARED—BY.,{,• „w„,' CITY TITLE INSURANCE COMPANY CT100 6 S 01 me 0 • 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: MILLER AVENUE 96-10 Situs Address: 19475 Calle de Barcelona and consists of: X_annexation to CITY OF CUPERTINO _detachment from (name City/District) of 0.1516 acres on the west (n/s/e/w) side of Miller Avenue (Street/Avenue) between Calle de Barcelona (Street/Avenue) and Greenwood Drive (Street/Avenue) and (if applicable) _annexation _detachment of the same to/from (name City/District(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal, marked Exhibit A and a map of 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) X uninhabited. 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: annex parcel. 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): X owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponent(s) X do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's Election name City/State/ZiQ PazcelNo.* or Precinct No.** / 1� �„ 369-15-001 Date: / Phone: dam- /20 / J * For proposals involving uninhabited territory or for landowner-initiated proposals. ** For proposals involving inhabited territory or for resident-voter initiated proposals. RECORDIN&REQUESTED BY P 0 7 0 PA GE 2 1 l 5 1 3 0 7 8 3 2 0 LINDAJ. LeZOTTE FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED MAIL TO: AT1'OR,'VrI ROSE E. REHN F�7 6 Gj NOV -2 AM 10: 42 19475 CALLE de BARCELONA CUPERTINO, CA 95014 ! OFFICI.".L RECORDS j SANTA CLARA COUNTY MAIL TAX STATEMENTS TO• RE CO==---'� ERENCO RD_DARYIS �.'.- Si j ROSE E. REHN -=-_- 19475 CALLE de BARCELONA L CUPERTINO, CA 95014 SPACE ABOVE THIS LINE FOR RECORDER'S USE TRUST TRANSFER DEED GRANT DEED (Excluded from Reappraisal Under Proposition 13, i.e., Calif. Const. Art l3aSection let seq.) The undersigned Grantor(s) declares) under penalty of perjury that the fol lowing is true and correct: THERE IS NO CONSIDERATION FOR THIS TRANSFER. Documentary transfer tax is f 0.00 ❑Computed on full value of property conveyed, or C computed on full value less value of liens and encumbrances remaining at time of sale or transfer. ❑There is no Documentary transfer tax due. (State reason and give Code Section or Ordinance number) ❑Unincorporated area: CCityof and This is a Trust Transfer under Section 62 of the Revenue and Taxation Code and Grantor(s) has (have) checked the applicable exclusion: %,Transfer to a revocable trust; ❑Transfer to a short-term trust not exceeding 12 years with trustor holding the reversion; ❑Transfer to a trust where the trustor or the trustor's spouse is the sole beneficiary; ❑Change of trustee holding title; ❑Transfer from trust to trustor or trustor's spouse where prior transfer to trust was excluded from reappraisal and for a valuable consideration, receipt of which is acknowledged. ❑Other: GRANTOR(S) : ROSE ELAYNE REHN, an unmarried woman hereby GRANT(S) to ROSE ELAYNE REHN, in Trust, as Trustee, or any Successor Trustee, of the ROSE ELAYNE REHN 1995 TRUST, dated October 16,1995 the following described real property in the City of Cupertino County of Santa Clara, State of California: LOT 77, as shown on the Map entitled, "Tract No. 1343, Case Del Sol Unit No. 2", which map was fi 1 ed for Record in the Office of the Recorder of the County of Santa Cl ara, State of Cal i forni a, on February 15, 1955 in Book of Maps numbered 54, at pages 42 and 43. MAIL TAX STATEMENTS AS DIRECTED ABOVE. ? 030oW2116 EXCEPTING THEREFROM the underground water or rights thereto, as quitclaimed to San Jose Water Works, a California corporation, by instrument recorded in Book of Office Records numbered 3152, at Page 349. APN: 369-15-001 Dated ��Ld / c ,/ //o /as— ��� �� ' ROSE E NE REI� Grantor - Transferor(s) STATE OF CALIFORNIA ) ss. COUNTY OF SACRAMENTO ) On jG — 1(0 - qS before me, NPf CMI E • PtK K12 , personally appeared ROSE ELAYNE REHN personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Naomi E. Par':'r WITNESS my hand and official seal . A Comm. iresss U�� • NOTARY PUBUC C::. " �^ c�j• $/1NTA CLAFtA CCUViY \/ `, yY ramrrr Esprrs Fro 17 19e6� Signature / i �1 /�, l�-( l (This area for official notarial seal) rehndeed.doc.ep6 1 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: MILLER AVENUE 96-10 Annexation ) Detachment ) to from 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 nrezoned the territory on 9/16/96 ( 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- i 1 CHARACTERISTICS OF THE AREA 1. Number of acres 0.6172 2. Number of inhabitants 7 3. Number of registered voters 7 4. Number of dwelling units 4 5. a. What is the present use of the area(be brief, but specific): Single Family Residence b. Indicate the parcel numbers of those parcels, if any, which are under contract under provisions of the Williamson Act: N/A c. What steps, if any, have been taken or are proposed to be taken to release the above parcel(s) from the contract? 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area(Note: Prezoning is a filing requirement for city annexations): PRE-PR b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES —NO X If yes, indicate the new zoning which will be sought? 7. For City or district annexations, describe the development being proposed for the territory, if any , and when this development is expected to begin. No development proposed at this time. 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES X NO If NO, please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES — NO X If YES, answer the following questions: a. Number of acres in the island, corridor or strip? (If more than one island is being created, indicate the acreage of each island.) b. Number of inhabitants? c. Assessed value? d. Land use and zoning in island, corridor or strip? e. Describe present and proposed sewer and water services in island: f. Does the proponent request waiver of restriction against creation of an island? YES _NO_ If YES, explain why creation of an island is justified? SERVICES 10. Is the territory proposed for annexation/detachment/reorganization in the City or District's urban service area: YES X NO_ 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES NO X If YES, what arrangements will be made to provide sewage disposal? 12. Will the extension of sewerage and/or water services or the construction of any public improvements to the affected territory be financed by the formation of a special assessment district? YES—NO X Suppl. Appl. -3- 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_yrs. 13. List all cities, special districts, (including school districts) and County Service Areas located within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importation.) (Refer to County Tax Rate Code Book for this information): Cupertino Elementary School District Cupertino Sanitary District Fremont Union High School District Mid-Peninsula Open 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 (408) Petition Rose Elayne Rhen 19475 Calle de Barcelona 255-1301 369-15-001 $14,731 Cupertino, CA 95014 Kermit Othello Skromme 19480 Calle de Barcelona 252-0917 369-15-003 $14,731 Barbara Jean Skromme Cupertino, CA 95014 David C. Sandberg 10441 Miller Avenue 257-8983 369-15-005 $14,731 Barbara J. Sandberg Cupertino, CA 95014 Daniel S. McKernan 10451 Miller Avenue 252-2910 369-15-006 $89,044 *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 VSKOVICH 10300 TORRE AVENUE (Print a of erson corn eting this CUPERTINO, CA 95014 icatio (Signat e) (D e) N E: 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- 10/25/96 18:06 '0408 279 8537 SCC/ERA iM002 County of Santa Clara Got,.tiTi Environmental Resources Agency Building InspectiorvLand Development Engineering and Surveying County Government center, East Wing / 70 West Hedding Street, 7th Floor resod Q-� San Jose,California 951 10 ^'Tq C Bldg. Inspect (408)299-2351 Land Devel. 299-2871 FAX 279-8537 October 25,1996 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 The proposed annexation entitled MILLER AVENUE 96-10 is not in accordance with Government Code Section 56826. X The boundaries are not definite and certain in the following respects: EXHIBIT A 1. The description shall call out existing city boundaries as primary calls. 2. Omit this phrase. Property is not yet in the City of Cupertino. 4. This dimension needs to be in two sections, one that is along the existing city boundary and one that is not along the existing city boundary. 3. Suggest you use "more or less" in these two places. EXHIBIT B 1. Some numbers are obliterated by other lines on the page. Please position them so that they are legible. NOTE: This annexation creates three county islands which are APNs 369-15-1, 369-15-3 and 369-15-5 and 6. I am returning one copy of the map and description. Please show the revision date on any subsequent man and description and return three (3) copies of each to me when you resubmit this annexation request. If you have any questions,please call Ginny Millar at (408) 299-2871. Very truly yours, ATIN ARCOTT County Surveyor Enclosures Board of Supervisors: Michael M. Honda, Blanca Alvarado, Ron Gonzales,James T. Beall Jr., Dianne McKenna county Executive:Richard Wittenberg .oc 10/25/96 18:07 %Y408 279 8537 SCC/ERA 19 003 EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the County of Santa Clara, State of California, Lot 79, Lot 82, and Lot 83 and portions of Miller Avenue (formerly Wolfe Road)and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was recorded on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State, more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Thence N2'5 1'58"E, 119.13 feet along the westerly boundary of Lots 83 and 82 to the northwest comer of Lot 82; Thence S87'08'02'T, 105.00 feet along the northerly boundary of Lot 82 to the northeast comer thereof, Thence N2'51'58"E, 118.00 feet along the easterly boundary of Lots 81 and 80 said line being the westerly line of Miller Avenue to the northeast comer of Lot 80; Thence N87'08'02"W, 105.00 feet along the southerly boundary of Lot 79 to the southwest comer thereof; Thence N2`51'58"E, 54.69 feet along esterly boundary of Lot 79 to the northwest comer thereof; ' i 7 ? / Thence N89'30'E, 105.18 feett along the northerly boundary of Lot 79 to the northeast comer thereof; /^V\-i Thence N2'51'58"E, 83�.97 fle-e�t'along the easterly boundary of Lot 78; Thence along a curve to the left having a radius of 20 feet through a central angle of 93'21'58"an arc length of 32.60 feet to the southerly line of Calle De Barcelona; Thence S89'30'W, 39.72 feet along the southerly line of Calle De Barcelona and the northerly line of Lot 78; Thence NO'30'W, 50 feet along the easterly line of that certain annexation to the City of Cupertino entitled "Celle De Barcelona 85-06"said line being the westerly line of Calle De Barcelona; p Thence N89'30'E, 45 feet along the southerly boundary of Lot 77; Thence along a curve to the left having a radius of 20 feet through a central angle of 86'38'02" an arc length of 30.24 feet to the easterly line of Lot 77, said line being the westerly line of Miller Avenue; a 10/25/96 18:08 %2408 279 8537 SCC/ERA 16004 Thence N2051'59'E, 81.32 feet along the easterly boundary of Lot?7 to the northeast comer thereof, Thence N89°30'E, 90.16 feet along the southerly line of the Original Incorporation of October 1955 of the City of CUP the easterly line of Miller Avenue; E 3 Thence S2051'58'V, 55��ong the easterly line of Miller Avenue to the northerly line of the San Jose- Cuper no hon of July 1, 1979; n^ A ^ \� qD' /05. O/ "W d v "J Thence N87°45 195.01 ong the no ly line of the San Jose- ertmo Reorganization of July 1, 197 to the Point of e Containing 1.646 acres more or less. APN 369-15-004 369-15-007 369-15-008 wvl CIVIL Jr 0 /. 1 � 10/25/96 18:08 '0408 279 8537 SCC/ERA 14 005 1p CALLE DE BARCELONA 0 w c z w ¢ o ORIGINAL INCORPORATION = � OCTOBER 1955 �"0 J P�0 o ----------���-��--- �� PHIL LANE 9 B' N G� 77 o m Q VICINITY MAP 81 = NOT TO SCALE N89'30'- I 1I — �� 9• CURVE DATA j 39.72' (D Q R 0 L II 1 20 93'21'58" 32.60 W 78 b 2 20 85'38'02" 30.24 II o Zm O —� N89'30 a ¢ �I wo I ZW NII Yl i0 O 'A Q L) Z m I 105.00' LOT 79 F jl APN 359-15-004 �"'°� vl a 6,066.68 SQ.FT. w w �� 80 to .1390 AC. < i o LOT 82 s ; � 5 se7ros'o2"E APN 369-15-007 W. 6,195.00 SQ.FT. II .1422 AC. _; / IP I I ' LOT 83 jI APN 369-15-008 o . o' 6,254.33 SQ.FT. o \?�C r .1436 AC. ,• N I 5 N87'a5'00'W SAN JOSE-CUPERTINO REORGANIZATION, JULY 1, 1979 LEGEND: BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — _ BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS DAM r. N. LEOCTOB 99S A 1" = 100' R v ON DAT9 BCITY OF CUPERTINO 10/25/96 18:06 $408 279 8537 SCC/ERA 10001 County of Santa Clal • �o�n Ti Department of Planning and Development County GovU meni GcntC.East wing 70 wing Hedding StrC 'e- SanJoS .calliomia 9s i i oQ- (4081299 4132 Fax Cover Sheet Date: /O ?f q Number of Pages (including cover shcct) To: Aloes cN J ee Company: Telephone Number: 77 7 - :5741 Fax Number: _ 7 7 7 — 3 3 33 Regarding: MIlleY— Ave- - qh — I6 From: 6j,;?nti1 "I llot— Office: CCJ? l n'{7i1 Telephone Number: (408) Z Z871 k- -;�O� Fax Number: (4408) 279-8537 U (JDd FAX Ad min i n L MS-C Huard of Supen isolS: NII( lae•I %I. I I'll I,la. [ilanc'a .ih arae iu, Itgin Cionnlrs. gar nc•d"I. Heal) )r.. I Ii "Inc MCKenno Cuuni\ Hirhaid \%mc•niterg ao, City Hall 0('it\ 10300 Torte Avenue Cupertino,CA 95014-3255 Telephone: (408)777-3223 i il FAX: (408)777-3366 Cupertino OFFICE OF THE CITY CLERK October 9, 1996 M. D. Marcott County of Santa Clara Planning Department 70 West Hedding Street San Jose, California ANNEXATION - "MILLER AVENUE 96-10" Enclosed are three (3) copies of the legal description and map for the proposed annexation of the area designated "Miller Avenue 96-10." The property consists of 1.646 ± acres and is uninhabited. It is within the City's sphere of influence. The property was prezoned to City of Cupertino Pre PR on September 16, 1996. Please review the enclosed and certify as to conformance with LAFCO road policy and that boundaries are definite and certain. A check in the amount of $1.165.00 is enclosed to cover staff time for the certification. Sind -- rnc�/c� KIMBERLY SMITH, CMC CITY CLERK KS/cs EXH031T"A„ ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "MILLER AVE. 96-10" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, Lot 79, Lot 82, and Lot 83 and portions of Miller Avenue (formerly Wolfe Road) and Calle De Barcelona as shown upon the map of Tract No. 1343, CASA DEL SOL NO. 2, which map was recorded on February 15, 1955 in Book 54 of Maps at pages 42 and 43, in the Office of the Recorder of said County and State, more particularly described as follows: Beginning at the southwest comer of Lot 83 as shown on said map of Tract No. 1343; Thence N2°51'38"E, 119.13 feet along the westerly boundary of Lots 83 and 82 to the northwest comer of Lot 82; Thence S87008'02"E, 105.00 feet along the northerly boundary of Lot 82 to the northeast comer thereof, Thence N2°51'58"E, 118.00 feet along the easterly boundary of Lots 81 and 80 said line being the westerly line of Miller Avenue to the northeast comer of Lot 80; Thence N87°08'02"W, 105.00 feet along the southerly boundary of Lot 79 to the southwest comer thereof, Thence N2°51'58"E, 54.69 feet along the westerly boundary of Lot 79 to the northwest comer thereof; Thence N89030'E, 105.18 feet along the northerly boundary of Lot 79 to the northeast comer thereof, Thence N2°51'58"E, 83.97 feet along the easterly boundary of Lot 78; Thence along a curve to the left having a radius of 20 feet through a central angle of 93021'58"an arc length of 32.60 feet to the southerly line of Calle De Barcelona; Thence S89°30'W, 39.72 feet along the southerly line of Calle De Barcelona and the northerly line of Lot 78; Thence NO°30'W, 50 feet along the easterly line of that certain annexation to the City of Cupertino entitled"Calle De Barcelona 85-06"said line being the westerly line of Calle De Barcelona; Thence N89°30'E,45 feet along the southerly boundary of Lot 77; Thence along a curve to the left having a radius of 20 feet through a central angle of 86°38'02"an arc length of 30.24 feet to the easterly line of Lot 77, said line being the westerly line of Miller Avenue; Thence N2°51'58"E, 81.32 feet along the easterly boundary of Lot 77 to the northeast corner thereof; Thence N89°30'E, 90.16 feet along the southerly line of the Original Incorporation of October 1955 of the City of Cupertino to the easterly line of Miller Avenue; Thence S2151'58"W, 556.55 feet along the easterly line of Miller Avenue to the northerly line of the San Jose - Cupertino Reorganization of July 1, 1979; Thence N87°45'W, 195.01 feet along the northerly line of the San Jose - Cupertino Reorganization of July 1, 1979 to the Point of Beginning. Containing 1.646 acres more or less. APN 369-15-004 369-15-007 369-15-008 n +y� a CALLE DE BARCELONA 0 w p � Q w > w ORIGINAL INCORPORATION a p OCTOBER 1955 ��� r__________N8��0_E___ 1 �/ PHIL LANE I 9 6' rr W -J n � N QG VICINITY 1fAP o � Z NOT TO SCALE N89.30•E© 4 0 �I 9• CURVE DATA j 39.72' O 0 R 0 L I� �I W 1 1 20 93'21'58" 32.60 i0 jI 78 .'o^ 2 20 86'38'02" 30.24 p c Z m ,I Z N89.30-E Q Q mrr Z > n1I m ^ I n N z W NII h tl O < ill 7 g• zm i� 10500 LOT 79 N o I APN 369-15-004 - 'o 80 6,066.68 SO.FT. ?i`•:-�'"`� v5; W .1390 AC. II LOT 82 587.08.02"E APN 369-15-007 - l' it 5 V 6,195.00 SQ.FT. I I .1422 AC. LOT 83 j j APN 369-15-008 crril 0 . 6,254.33 SQ.FT. I o J436 AC. I 5 ' N87'45'00'W P.O.R. SAN JOSE-CUPERTINO REORGANIZATION. JULY 1, 1979 LEGEND: = BOUNDARY LINE OF EXHIBIT B PROPOSED ANNEXATION PROPOSED ANNEXATION — — — — = BOUNDARY LINE OF TO THE CITY OF CUPERTINO EXISTING ANNEXATION ENTITLED "MILLER AVE. 96-10" -------- = EXISTING CITY LIMITS 100' DATE: OCTOBER 1996 SCALE: 1 ' MBY: N. LEE CITY OF CUPERTINO CITY OF CUPERTINO �f0300 Tom Avenue Dcparttnent of Community Development Cupcnino.Ca 95014 408-77 7v308 [Atsffa Use Only ile No. File No. PROJECT DESCRIPTION: hments ? Project Title Prezoning & Rezoning of 7 ev ' st-;ng parcels for flit-lire annexati Project Location On Miller Ave between Calle DeRarrelona k Phil Lane Project Description Prezonin & rezone the above area to zoningdistricts consistent wit t e General Plan. The project site contains approximately 13 .5 acres . Environmental Setting Existing residential development on Miller Road f on gQ forms school rounds on ro ert located between Miller Avenue residences an a aza a s Creek . PROJECT DESCRIPTION: NIA see above Site Area(ac.) .5 Building Coverage u /o Exist.Buildinrs.f. Proposed Bldg. f. Zone G.P.Designation �T Assessor's Parcel No. If Residential,Units/Gross Acre Total# Rental/E Bdrms Total s.f. Price Unit Type -1 Unit Type a2 Unit Type r3 Unit Type r4 Unit Type .5 Applicable Special Area Plans: (Check) Monta Vista Design Guidelines Q S. De Anza Conceptual Q N. De Anza Conceptual Q S. Sara-Sunny Conceptual Q Stevens Crk Blvd.Conceptual Q Stevens Creek Blvd. SW& L'scape If Non-Residential, Building Area N/A s.f. FAR_Max. Employees/Shift Parking Required Parking Provided Project Site is Within Cupertino Urban Service .Area YES N/A NO IMPACT YES WILL THE PROJECT... Not Significant Significant umulative SOURCE Significant (Mitigation (No NO Proposed) Mitigation Proposed) A)LAND USE GENERAL PLAN 1) Require a change from the land use ❑ ❑ ❑ ❑ 1.7,8 designation for the subject site in the General Plan? / 2) Require a change of zoning? Q ❑ ❑ ❑ 16• IS Project is rezoning 3) Require a change of an adopted — I El ❑ ❑ ❑ li 18 application specific plan or other adopted policy LrSaV statement? / 4) Result in substantial change in the ,�,/ ❑ El [I Elprencat land use of the site or that of �/ 7,12 adjoining properties? a1 Disrupt or divide the physical ❑ ❑ ❑ ❑ configuration ofan established 7,12,23.42 _ neighborhood? J GEOLOGIC/SEISMIC HAZARD 1) Be located in an area which has El El potential for major geologic hazard? 2,14 2) Be located on or adjacent to a r-1/ ❑ El ❑ ❑ known earthquake fault? I_I✓ 2.14 3) Be located in a Geologic Study ❑ ❑ ❑ ❑ Zone? 2 4) Be located in an area of soil �,/ instability(subsidence,landslide, ElI� ❑ ❑ ❑ 2.510 Potentia for liquefactior. shrink/swell,soil creep or severe next to reek . However, erosions), Cause Substantial erosion or no construction will occur satuation ofa watercourse? 9" ❑ ❑ ❑ ❑ 2,5,10 in close proximity to 6) Cause substantial disruption, r1/ ❑ ❑ ❑ ❑ 2,14,41 Creek . displacement,compaction or 1� ovemovering of soil either on-site or off- sim 7) Cause substantial change in ❑ topogaphy or in a ground surface ❑ ❑ ❑ .,�v I2,41 . 8) Involve construction of a building, ❑ro El ❑ ❑ ad or septic system on a slope of 10% 6,12,41 or greater? C) RESOURCES/PARKS 1) Increase the existing removal rate,or ❑ ❑ ❑ ❑ 5,10 result in the removal of a natural resource for commercial purposes(including items such as rock,sand,gravel,trees,minerals or top-soii)? 2) Result in the substantial depiction of ❑ ❑ ❑ any non-renewable natural resource? El ❑ ❑ 3) Convert prime agricultural land fL�JT coo (Class I or II soils)to non-acrcultural use: or impair the agricultural productivity of nearby prime acricultural land? ❑ El ❑ 4) Involve lands currently protected o.IS under the Williamson Act or any Open Space easement? ❑ ❑ ❑ ❑5)Substantially affect any existing i. 16 agrcultural uses? IMPACT WILL THE PROJECT... YES Not Significant Significant Fumulative SOURCE w Shmifint (Mitigation (No - NO Proposed) Mitigation Proposed) 3)Change the existing habitat food source or nesting place for a rue or ❑ ❑ ❑ ❑ 5. 10 endangered species of plant or animal? 4)Involve cutting.removal of specimen scale trces.whether indigenous ❑ ❑ ❑ ❑ 11.41.42 to the site or introduced? G) TRANSPORTATION / 1) Cause an increase in traffic which 4, 19,33 is substantial in relation to the existing LLL��III traffic load and capacity of the street ste ry2)Cause any public or private street ❑ ❑ ❑ ❑ 4 19 intersection to function below Level of Service D? 3) Increase traffic hazards to r✓ ❑ ❑ ❑ ❑ 19,32 pedestrians,bicyclists and vehicles? �VJ -_ 4)Adversely affect access to '-commercial establishments,public ❑ ❑ ❑ ❑ 10, 19 buildings,schools,parks or other pedestrian oriented activity areas? 5) Cause a reduction in public ❑ ❑ ❑ ❑ 34 transporction service at or near the project site? ❑ �/ ❑ ❑ ❑ 18,41 Parking will be 6) Increase demand upon existing U constructed for SOCCer parking facilities,or engender demand for new parking space? gvents oz weekends . 'I) Inhibituse of alternative modes of ❑ ❑ ❑ ❑ 5, 19,33,�4 Minimal mid-week USE transportation to private automobile UUU usage? H) HOURNG 1) Reduce the supply of affordable ❑ ❑ ❑ ❑ 3, 18 housing in the community,or result in the displacement of persons from their ,r home? R" ❑ El ❑ _, 2) Increase the cost of housing in the 3. 18 2) In area or substantially change the variety of housing typo found in the community? 3) Cnate a substantial demand for new - ' El ❑ El ❑ 3. 18.45 housing? [ 1) HEALTH AND SAFETY / / El El El ❑ 31.39.41 1) Involve the application,use. V,.,� disposal or manufacture of potentially hazardous materials? El ❑ ❑ ❑ 31,43 2) Involve risk of explosion or other fors of uncontrolled release of hazardous subst.•urces? 3) Involve the removal or continued El ❑ ❑ ❑ 'I,41,42 use of any existing,or installation of any new underground chemical or fuel storage tank? .31 �,7 ❑ ❑ ❑ , 1) Be located in an area of seasonal line El dancer? / 5) Employ technology which could t--,/ ❑ ❑ ❑ ❑ 41.43 pub adversely atiect publicic satc[V in the event of a breakdown? 'DATORY FINDINGS OF SIGNIFICANCE . (To Be Completed by City SUM WILL THE PROJECT_. YES NO I. Have the potential to substantially degrade the quality of the environment,to substantially diminish the habitat �y of a fish or wildlife species:to cause a fish or wildlife population to drop below self-substamable levels;to threaten I ✓I or eliminate a plant or animal community;to reduce the number of or restrict the range of a tare or endangered plant or animal;to eliminate important examples of the major periods of California s history or prehistory? ?. Have the potential to achieve short term environmental goals to the disadvantage of lone term environmental coals? I V I 3. Have the environmental impacts which are individually limited,but arc cumulatively considerable?("Cumulatively considerable:means that the incremental effects of an individual project arc substantive when viewed in conjunction I V I with the effects of past projects,other current projects,and probable future projects) 4. Have environmental effects which will cause substantial adverse impacts on human beines.either directly or indirectly? u v PREP ARER SAFFWAVIT -- . I hereby certify that the information provided in this Initial Smdv is true and correct to the best of my knowledge and belief,I certify that I have used proper 'iligrnex in responding accurately to all questions herein,and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data (hereby arJnowiedge than airy substantial errors dated within this Initial Study may vase delay or discontinuance of related project review procedures,and hereby agree to hold harrnless the City of Cupertino,its staff and authorized agrnts,from the wnseeurnces of such delay or discontinuance. Prepara's Sigauure �-�� CP' �-C Print Pmparces Name -� 'iENVIRONMENCAL SYALUATIOf+ -:,,,- -,- -(T0 fliCompleted byCitySta�� IMPACT AREAS: Land UvJGeneral Plan ff�Gwlogic/Seis nic Hazard @l `Resources/Pad's ❑ Housing ❑ Snvage/Water Quality fYDrainage(Flooding 1Er Flom&Fauna ❑�ransportaion ❑ Historial/Arehaeologicd ❑ Health&Safety ❑ Air Quality Noise ❑ Public Services/Utilitim ❑ Energy ❑ Aesthetics STAFF EVALUATION p On the basis of this initial Study,the Environmental Review Committee(ERC)Finds: Select Oae That the proposed project COULD NOT have a significant effect on the environment,and recommends that a NEGATIVE DECLARATION be granted. -,/ That although the project could have a significant effect on the environment,no significant effect will occur because mitigation I t /I measures are included in the project. ERC recommends that a NEGATIVE DECLARATION be granted. I v�1 That the proposed MAY have a significant effect on the environment and recommends that an ENVIRONMENTAL IMPA REPORT be prepared. Staff Evaluator A �. �. ERC Chaitperzq /// o L / Date O/d ���i7 Daze ^4A C g/pl2mmmVintstdy5.doc • CITY OF CUPERTINO • NEGATIVE DECLARATION September 3, 1996 As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on September 3, 1996. PRn.TFCT DESCRIPTION AND LOCATION 20-EA-96 Application No.(s): 4-Z-96 Applicant: City of Cupertino Property Owner: Various . Location: On the west side of Miller Avenue between Calle De Barcelona and Phil Lane DISCRF_TIONA-RY ACTION REQUEST Rezoning/prezoning of approximately 13.5 acres. FINDINGS OF DECISIONMAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. - Robert Cowan Director of Community Development CFRTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on 1996. City Clerk g:/p1=ning/erdneg20ea t ORDINANCE NO. 1738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19 OF THE CUPERTINO MUNICIPAL CODE BY PREZONING AND REZONING PROPERTY LOCATED ON MILLER AVENUE AND CALLS DE BARCELONA (APPLICATION 4-Z-96) Street Address APN Existing Zoning Proposed Zoning .4,9475 Calle De Barcelona 365-15-001 R1-10 Pre R1-10 Creekside Park(Fremont Older School) 369-15-002 BA PR "T9480 Calle De Barcelona 369-15-003 R1-10 Pre RI-10 10431 Miller Avenue 369-15-004 R1-10 Pre PR �u .IfflAA I Miller Avenue 369-15-005 R1-10 Pre RI-10 0451 Miller Avenue 369-15-006 R1-10 Pre RI-10 10461 Miller Avenue 369-15-007 R1-10 Pre PR 10471 Miller Avenue 369-15-008 RI-10 Pre PR WHEREAS, the City completed a master plan for this area through a process which included neighborhood involvement; and WHEREAS, there are no significant, adverse environmental effects from this proposal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO that after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the request for a rezoning is hereby approved and the subconclusions upon which the findings specified are based are contained in the public hearing record concerning this application as set forth in the minutes of the City Council meeting of September 3, 1996, and are incorporated by reference herein. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of September, 1996, and ENACTED at a regular meeting of the City Council of the City of Cupertino, this 16th day of September, 1996, by the following vote: Vote Members of the City Council AYES: Bautista, Chang, Dean, Sorensen, Burnett NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Kimberly Smith /s/Don Bumett City Clerk Mayor, City of Cupertino 1f • ORDINANCE NO. 1738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19 OF THE CUPERTINO MUNICIPAL CODE BY PREZONING AND REZONING PROPERTY LOCATED ON MILLER AVENUE AND CALLE DE BARCELONA (APPLICATION 4-Z-96) Street Address APN Existing Zoning Proposed Zoning ,^475 Calle De Barcelona 365-15-001 R1-10 Pre RI-10 Creekside Park(Fremont Older School) 369-15-002 BA PR J8480 Calle De Barcelona 369-15-003 RI-10 Pre RI-10 10431 Miller Avenue 369-15-004 RI-10 Pre PR L10441 Miller Avenue 369-15-005 RI-10 Pre RI-10 �451 Miller Avenue 369-15-006 RI-10 PreRI-10 10461 Miller Avenue 369-15-007 RI-10 Pre PR 10471 Miller Avenue 369-15-008 RI-10 Pre PR WHEREAS, the City completed a master plan for this area through a process which included neighborhood involvement; and. WHEREAS, there are no significant, adverse environmental effects from this proposal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO that after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the request for a rezoning is hereby approved and the subconclusions upon which the findings specified are based are contained in the public hearing record concerning this application as set forth in the minutes of the City Council meeting of September 3, 1996, and are incorporated by reference herein. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of September, 1996, and ENACTED at a regular meeting of the City Council of the City of Cupertino, this 16th day of September, 1996, by the following vote: Vote Members of the City Council AYES: Bautista, Chang, Dean, Sorensen, Burnett NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Don Burnett City Clerk Mayor, City of Cupertino I os 4 4ro — W"t f� �d 7 �J-ao7` f Gbh uJ ou-�Q�70YP -V"✓ Gvv, 7 � . i • • ii�iiaili � � • • • • • • �"� y6 V;.U.,) end w�4 Qv" �� ruL � p 11/25/96 MON 13:12 FAX 408 295 1613 SCC COUNTY EXEC 16001 County of Santa Clara Post-V brand fax transmittal memo 7bn x or page. . 2 Local s� Agency Formation Commission TMCor Li ' .— County Government Center. East wing ca.C+1. 1 160V 70 west Hcdding SUM. I 01h Floor Dept,r nMoe x San Jose. California 951 10 U ei W 1406)29 ,2a24 FAX 295-1613 Fa: FaexZ�� �l Autumn Arias. Ececulive Director — 333 1997 SCHEDULE OF LAFCO MEETINGS AND FILING DATES FOR NMETING OF: FILING DEADLNE IS: .Wednesday, Fe ru 12, 1997 Tuesday, December 31, -Wednesday, April 9, 1997e esda , ebrua 1 , 1997 Wednesday, June 11, 1 ---Wednesday, April ednesda , Au us' 1 , 1 ednes a , une 25, 1997 Wednesday, to r 97 a es , August 20, 1997 Wednesday, December 1 , 1997 Wednesday, October 22, 1997 TIME OF Nffi ITNG: 10:00 a.m N=NG LOCATION: Counry Government Center Board of Supervisors Chambers 70 West Hedding Street, loth Floor San Jose, California FILING LOCATION: County Government Center Office of the Clerk of the Board of Supervisors 70 West Hedding Street, 10th Floor San Jose, California 95110 (408) 299-4321 A L [5� Commissioners: Hlanca Nvaraao. marglc remanuca. vol r •• ....... Susan VlcFdund Nilson Commission Secrelar%: (408)2904321 r^^ 11/25/96 MON 13:13 FAX 408 295 1613 SCC COUNTY EXEC U 002 LOCAL AGENCY FORMATION COMMISSION ROSTER 1997 COMMISSIONERS TELEPHONE NUMBERS Blanca Alvarado (408)299-2323 (County) Vacant (County) Trixie Johnson (408)277-5320 (City of San Jose) Pat Figueroa (408)%54783 (City of Mountain View) Susan Vicklund Wilson (409)779.2106 (Public) Alternates James T. Beall, Jr. (408)299.2323 (County) Manny Diaz (408)277-5157 (City of San Jose) Land Wheeler (415)493.2361 (City of Palo Alto) Penny Lave (415)948-3722 (Public) Staff Autumn Arias, Executive Director (408)299-3800 X7027 County Executive Office, 1lth Floor Kathy Kretchmer (408)299.2111 County Counsel, 9th Floor Chia Hu (408)299-2454 X218 Planning, 7th Floor Ginny Millar (408)299-2871 X304 County Surveyor, 7th floor Tom Palmer (408)299-2161 Registrar of Voters Sue Stone (408)2994231 County Assessor, Sth Floor LAFCO Clerk (408)2994321 3.34.005 . • Chapter 3.34 definitions set forth in this section govern the con- struction of this chapter. UTILITY USERS EXCISE TAX "City" means the City of Cupertino. "Facilities" means the municipal facilities gener- Sections: ally including Blackberry Farm, other open space 3.34.005 Purpose. land within the City and the public recreational 3.34.010 Definitions. facilities consistent with the preservation and public 3.34.020 Exemptions. use of open space. Facilities shall be deemed avail- 3.34.030 Telephone users tax. able and susceptible of use within the meaning of 3.34.040 Electricity users tax. the term "availability and privilege of use," as used 3.34.050 Gas users tax. in this chapter, when such facilities exist and are 3.34.060 Service users receiving gas or available for use during any portion of the fiscal electricity directly. year next preceding the levy of the tax. 3.34.070 Penalties. "Gas"includes natural gas and any other gas used 3.34.080 Actions to collect. for light, heat and power. 3.34.090 Duty to collect—Procedures. "Month" means a calendar month. 3.34.100 Additional power and duties of "Nonutility supplier" means a service supplier, Tax Administrator. other than (a) a gas corporation or (b) an electrical 3.34.110 Assessment—Administrative corporation serving within the City,which generates remedy. electrical energy in capacities of at least one hun- 3.34.120 Records. dred kilowatts monthly for sale to others. 3.34.130 Refunds. "Persons" means any domestic or foreign corpo- 3.34.140 Rules of construction. ration, firm,association, syndicate,joint stock com- 3.34.150 Benefit to all persons. pany, partnership of any kind, joint venture, club, L 3.34.160 Duration. Massachusetts business or common law trust, soci- J 3.34.170 Disposition of proceeds. ety, or individual. 3.34.190 Power in addition. "Service supplier" means any entity required to 3.34.200 Ordinance controlling. collect or self-impose and remit a tax as imposed by 3.34.210 Liberal construction. this chapter. 3.34.220 Defect or omission—Validity of "Service user" means a person required to pay a proceedings or taxes. tax imposed by this chapter. 3.34.230 Limitation of actions. "Tax"means the utility users excise tax proposed 3.34.240 Severability to be imposed by this chapter, more particularly described in Sections 3.34.030, 3.34.040 and 3.34.005 Purpose. 3.34.050 of this chapter. The purpose of this chapter is to impose a utility "Tax administrator" means the City Treasurer. users excise tax as a revenue measure necessary to `Telephone corporation,""electrical corporation," pay the usual and current expenses of conducting and "gas corporation," have the same meanings as the municipal government of the City, the proceeds defined in Sections 234,218,222 and 215.5,respec- of which shall be paid into the general fund of the tively, of the California Public Utilities Code (as City. This chapter shall be known and may be cited such sections existed on June 1, 1989), except that as the "Utility Users Excise Tax Ordinance." (Ord. "electrical corporation" shall also be construed to 1534 (part), 1990) include any municipality or person engaged in the 3.34.010 Definitions. Except where the context otherwise requires, the (Cupemno 12-95) 100 f • • 3.34.010 selling or supplying of electrical power to a service oil in which the same or similar services or equip- user. (Ord. 1534 (part), 1990) ment are also available for sale or lease from per- sons other than a service supplier subject to public 3.34.020 Exemptions. utility regulation; nor shall the words 'telephone A. Public bodies, religious organizations and communication services"include land mobile servic- other persons exempt under state or federal law shall es or maritime mobile services as defined in Section be exempt from the tax. Residential service users of 2.1 of Title 47 of the Code of Federal Regulations sixty-five years or older shall be exempt from tax as such section existed on January 1, 1970. The payments under this chapter upon application to the term 'telephone communication services" refers to Tax Administrator, in such manner and with such that service which provides access to a telephone proof or qualification as the Tax Administrator shall system and the privilege of telephone quality determine. communication with substantially all persons having B. The City Council may,by order or resolution, telephone stations which are part of such telephone establish one or more classes of persons or one or system. The telephone users tax is intended to, and more classes of utility service otherwise subject to does, apply to all charges billed to a telephone payment of a tax imposed by this chapter, and pro- account having a situs in the City, irrespective of vide that such classes of persons or service shall be whether a particular communication service origi- exempt, in whole or in part, from such tax. nates and/or terminates within the City. C. The Tax Administrator shall prepare a list of C. The telephone users tax shall be collected the persons exempt from the provisions of this chap- from the service user by the person providing the ter by virtue of this section and furnish a copy intrastate telephone communication services, or the thereof to each service supplier. (Ord. 1534 (part), person receiving payment for such services. The 1990) amount of tax collected in one month shall be remit- ted to the Tax Administrator on or before the last 3.34.030 Telephone users tax. day of the following month; or, at the option of the A. There is imposed a tax (herein called the person required to collect and remit the tax, an "telephone users tax") on the amounts paid for any estimated amount of tax collected, measured by the intrastate, interstate and/or international telephone tax bill in the previous month, shall be remitted to communication services by every person in the City the Tax Administrator on or before the last day of other than a telephone corporation, using such ser- each month. vices. The tax imposed by this section shall be at D. Notwithstanding the provisions of subsection the rate of two and forty hundredths percent(2.40%) A of this section, the telephone users tax shall not of the charges made for such services and shall be be imposed upon any person for using intrastate paid by the person paying for such services. telephone communication services to the extent that B. As used in this section, the term "charges" the amounts paid for such services are exempt from shall not include charges for services paid for by or not subject to the tax imposed under Part 20 inserting coins in coin-operated telephones except (commencing with Section 41001) of Division 2 of where such coin-operated service is furnished for a the California Revenue and Taxation Code, or the guaranteed amount,in which event the amounts paid tax imposed under Section 4251 of the Internal Rev- under such guarantee plus any fixed monthly or enue Code. (Ord. 1600, 1992; Ord. 1534 (part), other periodic charge shall be included in the base 1990) for computing the amount of tax due; nor shall the term "charges" include charges for any type of service or equipment furnished by a service supplied subject to public utility regulations during any peri- 100-1 (Cupm no 2-93) 10/30/96 16: 33 $408 279 8537 SCC/ERA 4 001 County of Santa C1• • �ourvT Department of Planning and Development County Government Goner.Cast wing 70we5r Hedding S1red San lose California 9s i i o (4081299 4132 Tn CX, Fax Cover Sheet Date: I/ Number of Pages (including cover sheet) To: _1S�d Cifi1 L e P Company: Telephone Number: :2 7 -7 — :5 Z Fax Number: - —] J Regarding: From: Office: Telephone Number: (4408) 2gGj' Z 71 X �✓O� Fax Number: (408) 279-8537 Admin LMS-C 13uard ut Sulxn is rrs: f url elrl ?!. 1 h n u L 1. (91:v lra .Vvara�fu. ttnn Gr n ualc•c.lan x•x 'I lit•,11 1r.. I rr,lnni hi Kenna Cuunn li�rculivt•: It:rltanl ��iurnh`•r�; .a>e 10/30/96 16:35 12408 279 8537 SCC/ERA U _ _ 19004 Ave. D � CUPERTINO I •.. . „ NICM SCHOOL - — tt ` • y `t I ,_.ram .. - r � OLDER I ' r 't •�}i - �. xNOO} .� P i • • I i 1 1.1�.. : O� 4 I Y 1 ELEMENTARY T I ' I w 1 I � 1r� + I SCHOOL • .. IF HYDE jvuNICR p�� a I� :: _4•f�irf�l i Ir NIGH r_ II! -�7�kE 4 I DOYLE w 4{ I Ky / : r ii o. `rrrp}•beel _1 - If ! h w �n NO 7 It a f Li i . 4- Frill, / ` •a _ : Ap It F •• l T -J EIEy(gTAq►"-1-�r� SCHOOL • _ ` ow yes. —rr�— • - JJJ t ,L�� . i per. .ii �. (� . ._r`�-� 1 .�•r1 JftZE- T i - _ .° ram+•-. - !a.-..� _/ ` �1 r.�� i ; a� Yr� _ �.r. a^Tl f—!"T1•'TTT-r r1o.' r, ^ / r 10 10/30/96 16: 34 %2408 279 8537 SCC/ERA 11J 003 Y�f Thence westerly along the centerline of Phil Lane as shown on said Tract Map 3 1343, a distance of 851.40 feet along a northerly boundary line of said annexation "Blaney No. 6" to a point on that certain annexation to the City of San Jose, entitled "Blaney No. 1"; Thence northerly along the centerline of Miller Avenue (formerly Wolfe Road) as shown on said Tract Map No. 1343, a distance of 20 feet to the most northeasterly corner of that certain annexation to the City of San Jose, entitled "Blaney No. 1"; Thence westerly a distance of 510.0 feet, more or less along a northerly line of said annexation "Blaney No. 1"; Thence southerly, a distance of 582.72± feet along a boundary line of "Blaney No. 1" to a point on the northerly line of thaw certain Tract No. 2562, Castlewood Unit No. 2, a map of which was recorded in Book 111 of Maps at Page; 34-35 in the Office of the County Recorder, Santa Clara County; Thence westerly, a distance of 349 feet, more or less, along the northerly line of said Tract No. 2562 and its westerly prolongation to a point on the centerline of Calabazas Creek, said line being along said annexation "Blaney No. 1"; Thence southwesterly, southeasterly and southwesterly down the centerline of said Calabazas Creek, said line also being a common boundary of said annexation "Blaney No. 1" and that certain parcel of land annexed to the City of Cupertino entitled "Blaney No. 2", by Ordinance No. 52; Thence northwesterly along southwesterly line of Tract No. 2155, a map of which was filed for record in Book 103 of Maps at Pages 31 and 32, Santa Clara County Records, and its prolongation, said line also being a common boundary line of San Jose annexation "Blaney No. 1" and Cupertino annexa- tion "Blaney No. 2" to the point of beginning. Containing: 0.3 square miles, more or less. APN: 369 - 11 - 41 thru 48 369 - 16 - 1 thru 19, 21 369 - 17 - 1 thru 52 369 - 18 - 1 thru 36 369 - 19 - 1 thru 55 369 - 20 - 1 thru 33 369 - 23 - 1 thru 13 369 - 24 - 1 thru 56 369 - 26 - 1 thru 15 369 - 27 - 1 thru 58 375 - 35 - 16 thru 43 375 - 38 - 1 thru 55 375 - 39 - 1 thru 60 375 - 40 - 1 thru 37, 39 375 - 41 - 1 thru 34 375 - 42 - 1 thru 47 -3- Revised May, 1979 10/30/96 16:33 %2408 279 8537 SCC/ERA 19002 Thence, southeasterly along the centerline of Bollinger Road a distance of 879.45 feet, more or less, to the intersection with the southerly prolongation of the westerly line of Lot 147 of Tract No. 1287, a map of which was filed for record in Book 48 of Maps at Page 46-47, Santa Clara County Records, said line also being the southerly boundary of City of San Jose annexation "Doyle No. 7" and "Doyle No. 5"; Thence northerly along said westerly line of said lot 147 of Tract No. 1287 and its prolongation a distance of 180.00 feet to the intersection with the centerline of Newson Avenue and Carver Drive as shown on said Tract No. 1287 said line also being an easterly line of said annexation to the City of San Jose entitled "Doyle No. 5"; Thence continuing along said easterly line of "Doyle No. 5" and along the centerline of said Carver Drive along a non-tangent curve to the right with a tangent bearing of A. 16° 58' 35" E. wita a radius of 1 ,540.00 feet, with a central angle of 11° 48' 10" for an arc length of 317.24 to the intersection with the easterly prolongation of a southerly line of said Tract No. 1287 ; Thence westerly along a southerly boundary line of said Tract No. 1287 and its prolongation a distance of 1,002.01 feet to the intersection with the centerline of Tantau Avenue, said line also being the northerly boundary of said San Jose annexation "Doyle No. 5" and Doyle No. 7; Thence northerly along the centerline of Tantau Avenue a distance of 1,521 feet, more, or less , to the intersection with the centerline of Phil Lane as shown on Tract No. 1312, Casa del Sol , No. 1, a map of which is recorded in the Office of the County Recorder of Santa Clara County , in Book 51 of Maps , at Page 10, Santa Clara County Records, said line also being the easterly line of San Jose annexation "Blaney No. 4" and "Blaney No. 5" and "Blaney No. 6"; Thence westerly a distance of 575.0 feet along said centerline of Phil Lane to a point, said line being along the northerly boundary of said annexation to the City of San Jose , entitled "Blaney No. 6"; Thence southerly a distance of 290.0 feet along a common line of said annexation "Blaney No. 6" and the westerly line of that certain parcel of land deeded to Cupertino Union School District , recorded in Book 3322 Official Records, at Page 184, Santa Clara County; Thence westerly a distance of 255.0 feet along a common line of said annexation "Blaney No. 6" and a northerly line of said land of Cupertino Union School District; Thence northerly along the easterly line of Tract No . 2828, a map of which was recorded in Book 129 of :taps , at Page 31 in the Office of the County Recorded, Santa Clara County to the centerline of Phil Lane as shown on Tract No . 1343, Casa del Sol , No . 2, a map of which was recorded in Book 54 of Maps at page 42-43 in the Office of the County Recorde-r, Santa Clara County, said 2 - F MILLER SUBD. 14 < O O cc, � 90 it v � Q \ ati. P 57 �yECEIT 1 - 3 i A% -'a ' y CENTER —_ rl a seremson A .A �ur 4-t--r A �Odiottr^ - � .--t 33 I-_ WI4f r r Or. � ♦ Ifs h s 'Ur WILSON o !� PARK . o h- . / CUPERTINO � HIGH SCHOOL � L l f . rz� r1 Mvi Ouf Do Boncflon• LJ ODDER A�1 .� MENTARY Ohl~ +OT a SCHOOL El 13 q+ ' JQ Lam' \'y- ,.. y o : -dr♦ _ - ..errs O ELEMEN TARr._- - ; ,Qa. :SCHOOL- rwood e' n.` xN — to -o i '<I - ' a e � LIIN Ito — Cu rre,n-�l pro r' -Q :AYlV1QXL1`� . .... . ,. , '...„ -....,.. -., `- 3.♦: .. -t.. °*„ . .». ._.,w- •a.,yt t ,k�. ,. �r:.. '-.. .. __. zap-===-•x . - F'j�h'p_y,4y'Iy,+.. :+t:?L'-��"-M1!.' ..t .. .u' .. �t. .�!_. ...f _ JF, 1•!�S.:f {� .. ..I.1R'%,�' !'[S" -♦ yY V •„ .... ,. � ° R� ,�.• T ni'.•4' • • - S .. . � L' ♦• i x ' .. '. r;. vi TRArsT N2 1343 y (;ASA DEL SOL ' No 2 IN SANTA CL.ARA COUNTY Beira a or1`ior� of lot 5 `., of The s bdiri�"o n of The properly of P. A!i//er belay a portlor; of the 011110 Ra Cho A/ovember IS f4f found Brass P/uy at 0 of Stevens �-' Wilsey a a. 0 hr C L) c I o y 1 T f ° I b/ pp /Q 2a \ B/6.39 ar:�o 6/op /pn - - b/o -- /nrr. v✓E ----- -^-1 O 0 f N89°3o'E - ---- -- - -- 114 JOT !on - ---- - - -'1 - - I it JI t o zr : L�- �-�fr vuc - I I I II lil I 3 • N 4 e n rr rr E f r� 65 eg °, o : °°,�0 69 0 0 68 0° 67 1 �o(o ?, o h 7c o' o ° I W 1 v I 3 0:0 , I1I I 72 •" � 0 ° ° o o 2 a! Q Br o!o 0 74 0 $ 73 ° 76 . ° o = 77 O I 20 7_5 11' 4S t' 45♦ I'• I !�- - - 6/.00P 43.34 Q-'� _1 ✓ V rJ I 1, 'MO Imo`°.+. - + � e' • ' 9} N1/•/��� V 3aZBARGE o 3�d_a r . �5!!!'G•E,.O J- - -I}I - -�,an - - - _ »r ONbl 0A0 -- ----- Scale. Inch 60 eet �7 -- N I p 4 . �. 21 N AELE __ - - 276./4 N -- O N O G 22 .. r y O .. .. ! I ^, /B0.0L 4 'i• .. _. ___90.8/-- - - r r- Q. • "� 07.4P v B9 70'f 5i/ O.UE. w'o L 1 ., : N 89'_?O'L' ' --- - - _ t F!BUE. ` .,� q ,1.'!P b fA R[f ,- �:. .• BAS/S OF BEAR/NG NOT / �Q � � !� ReJe e � l�.a,�3 ,� ,0 900[ . ! o, • �> I \p,oa ,�6 - ° n ,- � •( -------' --..323/-- � '�- O�kti,,o _vrPUE.-� '� I _. so aa,4, "s. ro 2a -' The bearin of Miller r4�enue as shown �I /B2B ? o, , By'� , T Ff. PUS ' ,b I Q 41j\k c mI J 9 zl NB 9 U:' J17, lrl h p2 J lY. POE p:� cS `n o. a5. •,I j�' '9 O tal O .7J q S tk O on f'fiat cerMin map entitled /r /{'IQp Of s�<�' ? 4 b V v NJ S4 a . �i �I 49 �' ! D• d p ° ^'� O s g � � I � Subdivision of the Property of P. Miller �( �- 4s 4J a 40 �s • 4/ ^� � ry , ; j I " I, r h bem a ;portion of the u/to Rancho " as / 3 I\ ' iv " o 'r " NB930E _-__ p ' - - N%OObE I -- -. -- /5 W q ., O � r'� NB994E _. . . . I __uD.Oo W � o I� � v I � 0 p � � - N 7 Q r / , � ^, k I I h I D O NB9loE _ ��� 0 I t-- //0.00 rtcorded /n book B of 04 s Pa ye 60 -� � NB7t3w J __ °03 � I xa ` P ♦ 9 ,/ 105 92 y} ; Santa Clara County Records was fah-en as , �r 58 the basis of bearin s shown u on this r 39 0l0 tj 4Z o z1 S,! 4 h h' 0 ^ � K d=2233'27^1V0,I4344G. ;1 , ! I R M&P. J 7 PUE r . . r 5.7 1 i I ° I l NB900 '� � I ry 89° n E l 1 C h • � I h [-/3.73 1 b ! 2 NB93oE ,. _- %L1936 t� - - - - q* 6 .3- -_- t I p0 I N8930E - --- l/O 110 q J B36 00 A// d/s fQnces and dimensions Q%B shown Z/ NB7I s'W N8930 f_- !Ob aE ___ ..__- _ . �3H , I d:S<jq J^ h C b NF9° E. /8- ♦ -- Q II� d i -{T 34J v J /n feel' ono' decimals thereof. C fl.P.[♦{E. h ,, r,on. I I obd23 .�/O' 9 Q� D•nL�4'4?' I I d s"39.33 10 + I L•24.89 �7•_38s r /a ss A io 0 4- �m -F h I I [=9. a v L=773 ; ° too 2n The blue border indicates - fhe boundaries `.x Q ° i4� ( I 't gZ L=<4Pa e �IQ It � ? y /- '1 > /,/.f O t/ h h h I d'37 a993 `+"' d-3739e 147 d• :3973. SI .. T-14.4Z 7 �02 ' f. 1 / La e. j' 8 N n I (tt3 1. ' 0 .{r-22 4 T,L 42 N•F a the fond subdivio'ed by fh/s �Qp. I T=.'2U f d•23i 1 D 04 L-ar 21 he' I°9 71 V �L:776v h i W T/L _ L-v?ZJ r. sJ ->3 I r I R9A 2/'f PU _N �; NgJ Jcf - d•?S!"ry oa 9390 _. t L.- _ ._ 'v-iiti vOSNi _ 3.. NB7IJW. 6 00' �s6eo;�n - 3 r,53 Iron p/pe monuments set by th/s survey I .-- - ' -=roJoo - �: I h of la' �, 6 A�90`, h ?'$v o I 953.1d,39gF /b ;.,75aJ rda4/OraS I ; p r I- - •1 s n US _._- J' I I"f b?i qD •fly r\ ° �� li,�• I 1 , �/-- p .s bolt% th ° - -- p I N.�D. d:44 1 ,9' �. ,- :J, n.4.97 L•YB.7i I °0 2 - - I 1 �'.. ) •,7 a t Ala. u!ll' r [•?7.77 -a' ,p•<0 1!5• -q �.7 n W l-• o �. �! /6 0 ,^ 0 4, .. ,\ I ,>,?c.; d4 3 y 56 '� n `v Monuments found in place shown thus: m `37 ah , I .53 c'a 4'I i:jl3`1 a s t. �. 1 4 I sv n! 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V • / ! ! / - .av w > 2 . , .W W ?�. 32 W 0 �� 0 30 } 1 h ° O Z(lJ .� N N - I i J ? j2 ; ?i �' ' Z� Z Z� I , s l0 20 So 55 ,(� -, - .es• , ✓ �l 4 , v I I I k N 'w I JI 1 I I D7• D b'� . _- 91 �N I I I ,�,'jI l ! ! I I ., �s _• ,y6-. 1 I^� �, i " t I ! I I - 9.38 50 ' Yr2Z38 �. � _ t_ - tl '.r - - {�. .> 4487 I 9Jpn 700 III I .�..- l;a d�2�9'40" bL` 2BJ 1' p4 i„rF, •. -._-� . L_` no 5700 Si Ca �[vU 57�0 _ S ZO° r ' T 246u L-4A6S T 2900 L'- O2L :22 //•�� / /0,5� �' 6 �r�J ! t,Yc '-- ------_ -- '� ES09.09• - ------- -'- '-- - F SSC�+!! d• '3`2o a•' ! �3 } 1 O vtr'rw - For,_ vnP/!� - - ! LANE ti'BT 4s w (F�>~r�i 42 �G ' MILLER AI/EN T • 2 - -- y E1 r ` cured li /:©/7 /p - ! iry�s. k Tanfau .Sii,�►'iYis/on >, ,� `J � e/'I U i"4A' /Z!�-/ /ound Soua.'te Brv. /" � uC°.y "� ;., , •, cn 7i cI (:erne:/ ��020 ------- --- - - -- - -- -- -- - - - -- - - - --_ - . -- --- - - - a �"D+ '�• 'tq'!"4l /r .1't s�/ ✓.t--t f , -� I - - F T � IC'�, ,r a.'1♦/ee +ifw,•_ a p°i. *t ,h Z•:rAr 1 , , a