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89,341 Annex 96-09 (Chen) 89,341 ANNEXATION 96-09 Dunbar Drive (Chen) B slily UPS 1 .9� No.2K2-153L53LK-1 ar�tawot.ra CITY OF CUPERTINO • RSCWT • • No. 95313 • DATE JJ .19 " • RECEIVED FROM 7G ! ADDRESS • CASH CHECK MONEY • /1 ORDER DOLLARS CENTS • • 1 • - �� • i 7 �J �� • • RECEIVEDBY i7 iy • 3yy5 C .84ESS SYST ES.INC.-IeDDI 50.n75 • r�� City Hall C10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408)777-3354 CITY OF FAX: (408)777-3333 CUPEkTINO PUBLIC WORKS DEPARTMENT February 27,2002 Mr. Chung-Song Chen 11566 Upland Court Cupertino,CA 95014 Dear Mr. Chen: As you may recall,the City required that you make a commitment to annexation,even though you were allowed to build your home(located at 20710 Dunbar Drive)in the County. Therefore, the annexation process remained in a pending status until pre-zoning of the Garden Gate area was finalized. In December 2001,the entire Garden Gate area was annexed to the City. Enclosed please find your voided check numbers 155 and 154,payable to the County of Santa Clara and the Santa Clara County Local Agency Formation Commission. A check request has been forwarded to our Finance Department to refund the annexation fee and map deposit in the amount of $513.00 that you paid to the City. If you have any questions,please feel free to phone me at(408) 777-3249. Thank you. Sincerely, City of Cupertino dki Nancy Lee Engineering Technician Enclosures Printed on Recycled Paper *--------------------------- MetroScan / Santa Clara (CA) ------------* Owner :Chen Chung-Song & Ji yng Parce127 35 -006 -- Site :771 Sutter Ave Palo Alto 94303 Xfered:11/21/2000 Mail :11566 Upland Ct Cupertino Ca 95014 Price :Non-Disc Use :01 Res,Single Family Residence Phone Bedrm:4 Bath:2.00 TotRm:7 YB:1954 Pool:Yes BldgSF:1,719 Ac: .17 *---------------------------- • MetroScan / Santa Clara (CA) :----------------* Owner :Chen Chung-Song & Jian-Pyng Parcel:127 35 040 Site :764 Sutter Ave Palo Alto 94303 Xfered:05/24/2000 Mail :11566 Upland Ct Cupertino Ca 95014 Price :$920,000 Full Use :01 Res,Single Family Residence Phone Bedrm:3 Bath:1.50 TotRm:6 YB:1954 Pool:No B1dgSF:1,594 Ac: .17 *---------------------------- • MetroScan / Santa Clara (CA) •----------------* Owner :Chen Chung-Song & Jian-Pyng Trustee Parce1:220 34 009 Site :3576 Sunnydays Ln Santa Clara 95051 Xfered:05/02/2000 Mail :11566 Upland Ct Cupertino Ca 95014 Price Use :06 Res,Condominium,Townhouse Phone Bedrm:3 Bath:2.50 TotRm:7 YB:1998 Pool:No B1dgSF:1,652 Ac: .05 *--------------------------- • MetroScan / Santa Clara (CA) •----------------* Owner :Chen Chung-Song & Jian-Pyng Parcel:366 38 028 Site :11566 Upland Ct Cupertino 95014 Xfered:02/09/2001 Mail :11566 Upland Ct Cupertino Ca 95014 Price _ Use :01 Res,Single Family Residence Phone Bedrm:5 Bath:3.50 TotRm:12 YB:1997 Pool:No BldgSF:3,426 Ac: .24 Information compiledfrom various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. CITY OF CUPERTINO (408) 777-3354 10300 TORRE AVENUE CUPERTINO, CA 95014 ANNEXATION REQUIREMENTS FOR PETITIONER PETITION Page 2 - Signatures of property owners required under"Signatures of Petitioners" with the appropriate date. (NOTE: The City will accept only 100% consent annexations; therefore, all property owners must sign the petition.) SUPPLEMENTAL APPLICATION: Provide answers to the following questions: Page 2 - Questions 2,3,4, 5 and 7 REQUIRED DOCUMENTS AND FEES: 1. $513.00 CHECK PAYABLE TO THE CITY OF CUPERTINO 2. $225.00 CHECK PAYABLE TO LAFCO 3. $1365.00 CHECK PAYABLE TO THE COUNTY OF SANTA CLARA 4. COPY OF TITLE REPORT OR DEED INDICATING CURRENT OWNER- SHIP 5. PLAT MAP AND LEGAL DESCRIPTION- STAMPED AND SIGNED BY ENGINEER (See State Board of Equalization Map Requirements - attached) City of Cupertino (408) 777-3249 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petition(s) the City Council of the City of Cupertino for approval of a proposed change of organization or reorganizations, and stipulate(s) as follows: 1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code(commencing with Section 56000, Cortese-Knox Local Government Reorganization Act of 1985). 2. The proposed change of organization is designated as: Situs Address: and consists of _annexation to _detachment from (name City/District) of (number of) acres on the (n/s/e/w) side of (Street/Avenue) between (Street/Avenue) and (Street/Avenue) and(if applicable) _annexation _detachment of the same to/from (name City/District(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal, marked Exhibit 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) _unihabited. 5. This proposal is consistent with the Sphere of Influence is not of the affected city and district(s). 6. The reason(s) for the proposed (annexation, detachment, reorganization, etc.) is/are: Cupertino: Annexation Petition -2- 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: 8. The person(s) signing this petition has/have signed as (check one): owner(s) of land within the affected territory. registered voter(s)within the affected territory. 9. The undersigned proponent(s) do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's Election name below) Cit /State/Zi Parcel No.* or Precinct No.** Date: /o—/o — 9 6 Phone: 009) �u J -S� Clen 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: Annexation ) Detachment ) to from Reorganization) (City or Spec. District) ENVIRONMENTAL STATUS OF PROPOSAL , as Lead Agency for environmental review of the project, (Name of City/District) has already the territory on ( prezoned? other approval action?) (date) and in compliance with CEQA, has: determined that the annexation is categorically exempt from provisions of CEQA pursuant to Cal. Adm. Code Sec. (cite class exemption section.) completed an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. completed a Final EIR for the annexation, a copy of which is attached to this application. _ City of Cupertino City Council is to be Lead Agency for the environmental review of the project and the completed Environmental Information Form required by Planning staff is attached to this application. (Planning staff phone: (408) 777-3308). Proposal is categorically exempt form provisions of CEQA pursuant to Cal. Adm. Code Sec. because Suppl. Appl. -1- CHARACTERISTICS OF THE AREA 1. Number of acres 2. Number of inhabitants 5� 3. Number of registered voters 4. Number of dwelling units 5. a. What is the prresenj use of the area(be brief, but specific). / b. Indicate the parcel numbers of those parcels,if any,which are under contract under provisions of the Williamson Act: c. What steps, if any, have been taken or are proposed to be taken to release the above parcel(s) from the contract? 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area(Note: Prezoning is a filing requirement for city annexations): b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES_NO_ If yes, indicate the new zoning which will be sought? 7. For City or district annexations, describe the development being proposed for the territory, if any ,and when this development is expected to begin. 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES NO If NO, please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES_NO If YES, answer the following questions: a. Number of acres in the island, corridor or strip? (If more than one island is being created, indicate the acreage of each island.) b. Number of inhabitants? c. Assessed value? d. Land use and zoning in island, corridor or strip? e. Describe present and proposed sewer and water services in island: f. Does the proponent request waiver of restriction against creation of an island? YES NO_ If YES, explain why creation of an island is justified? SERVICES 10. Is the territory proposed for annexation/detachment/reorganization in the City or District's urban service area: YES NO 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES NO _ If YES, what arrangements will be made to provide sewage disposal? Suppl. Appl. -3- 12. Will the extension of sewerage and/or water services or the construction of any public improvements to the affected territory be financed by the formation of a special assessment district? YES NO If YES, describe service (s) or improvement(s) and the average cost per resident/landowner of the district. Service/improvement: Cost: $ /yr. for ors. $ /yr. for ors. 13. List all cities, special districts, (including school districts) and County Service Areas located within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importation.) (Refer to County Tax Rate Code Book for this information): LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexation/detachment/reorganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses, with date, below. (Signatures not required if proposal is initiated by property-owner petition: put"see petition" below and type or print names, addresses, etc.) Assessor's parcel number, assessed land (not improvements) valuation, and if 100% property-owner consent has been obtained, certification by City Clerk must be added prior to consideration. Hearing not required if 100% property owner consent is obtained. Date (Print name beloww^) City/State/Zip Tel. No. Parcel No. Value of Land *See next page Suppl. Appl. -4- * "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll; where such person is no longer the owner, then any person entitled to be shown as owner of land on the next Assessment Roll; where land is subject to a recorded written agreement of sale, any person shown therein as purchaser, and any public agency owning land." Government Code Section 56048. 15. Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing(in addition to the Clerk/Administrator of each affected city or district): Street Address Name City/State/Zip (1) (2) (3) 16. I hereby certify that all LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate. �tV4 —yn, clen (Prini Aame Wperson completing this application)) A-Vnature) (Date) NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with each school district shown on question#13 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to submit this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met. Suppl. Appl. -5- CERTIFICATE OF CITY CLERK(Required for 100% Consent Proposal) I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this application and that the _(number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section 56839, the City will make determinations on this proposal without notice or hearing. Date: City Clerk (Seal) City of Cupertino a. Owners of land within the proposed annexation/detachment/reorganization who do not consent to this proposal should be listed by name, address, parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less than 100% consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) b. FOR NOT-100% CONSENT PROPOSALS, list all registered voters residing in the territory proposed for annexation/detachment/reorganization if different from the landowners shown in 14a. and 14b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) Suppl. Appl. -6 STATE BOARD OF EQUALIZATION CHANGE OF JURISDICTIONAL BOUNDARY REQUIREMENTS FOR STATEMENTS. BOUNDARY DESCRIPTIONS.MAPS and SCHEDULE OF PROCESSING FEES Section 54902.5. Government Code July I. 1995 1. GENERAL APPLICATION. The fees set forth in this schedule shall apply to all statements filed pursuant to Sections 549W to 54903 of the Government Code. Statements,must be filed on or before December 1 of the,year immediately preceding the year in which the assessment roll is to reflect the change in boundary. The provisions and definitions given in Sections 3 and 4 below are to help you compute the fees and serve as guidelines to insure acceptance of maps and boundary descriptions. (a) Fees shall accompany the statements. W Mail statements, maps and fees to.Tax Area Services Section,State Board of Equalization,450 N Street,MIC: 59, P.O. Box 942879,Sacramento,CA 94279-0059. (c) Subdivision maps,assessor's maps and deeds are not on file with the State Board of Equalization,nor are such documents readi1v available to its staff in Sacramento where al] processing at the state level is performed. Boundary descriptions that merely cite recorded documents or refer to assessor's parcels are of very limited value to the Board's cartographic staff and will be rejected. i STATEMENTS REQUIRED TO FILE FOR A CHANGE OF JURISDICTIONAL BOUNDARIES: The items listed below shall be submitted together as a single package. Incomplete packages will be rejected. (a) Statement of boundary change. (Form V17400-TA;no substitutions accepted) (b) Certificate of completion(if applicable) (c) Copy of the resolution from the conducting authority (d) Written geographic description of the subject territory. (e) Maps and supporting documents (f) Letter of tax rate area assignment from the County Auditor(consolidated counties). (g) Fees 3. DESCRIPTIONS AND MAPS: After our initial processing has been completed,all filed documents are microfilmed and then destroyed. Anv document that will not produce a readable photographic image shall be reiected and returned to the sender for replacement. All documents shall conform to items(a.l)through(b.14)below without exception. Effective July 1, 1995 maps rifled with Tax Area Services Section may be submitted in electronic/digital form. Please contact Tax Area Services at the above address(or by FAX 916-3274251)for a copy of the requirements to file in this manner. (a) Boundary Descriptions: (i) Every written geographic description must be self-sufficient within itself and without the necessity of reference to any extraneous document. The written geographic description shall be a document separate from any maps. The polygon traverse of the written description must be within acceptable limits for error of closure. a) The use of secondary references in the written description is cause for rejection. The cartographic staff must be able to plot the boundaries from the written description. (3) The written description shall be of the subject territory only. If a complete description of the special district is flied,that portion of the subject territory shah be dearly identified. (4) The point of beginning of the geographic description shall be clearly shown on the map and referenced to a known geographic position. It is recommended that the known point be described by the California state plane coordinate system. It is preferred that this point be either the point of beginning or the point of departure from and the point of return to an existing district boundary. Effective January 1,2000,every description shall contain a minimum of one GPS point that is referenced to the California state plane coordinate system. (A When writing a metes and bounds description of a contiguous annexation,all details of the contiguous portion(s)of the existing boundary may be omitted- (6) A specific parcel description in sectionalized land (e.g.,The SW 1/4 of Section 22.TIN, RI W) is permissible without a metes and bounds description of the perimeter boundary. 1 (7) A parcel description making reference only to a subdivision or a lot within a subdivision is not acceptable unless accompanied by a copy of the recorded subdivision map. (8) The written description shall state the acreage for each separate single area(see Section 4 for a definition of single area)and the combined total acreage of subject territory. Acreage shall be rounded off to the nearest whole acre. m MAPS: (1) All maps must be professionally drawn or copied. Rough sketches or pictorial drawings will be rejected. (2) Every map shall bear a scale and a north arrow. Every map shall be of a sufficient size to allow Tax Area Services to plot the boundary withouediffiaifty. Reduced traps are net acceptable and will be rejected. Every map' shall be of a scale common to the industry. All lettering and numbers on the map must be legible. (3) A vicinity map shall be included. It is strongly recommended that the filing be accompanied by a copy of the Board of Equalization tax rate area map(or portion thereof)with the subject territory delineated in red for the purpose of site location only. This shall be considered su000rting documentation. (4) The point of beginning shall be clearly shown on the map and referenced to a known geographic point(see item 3.a.4 above.) lS All dimensions needed to plot the boundaries must be given on the map of the subject territory. The miationship of the subject territory to street rights-of-ways and street centerlines must be clearly indicated. (6) The boundaries of the subject territory shall be distinctively delineated on the map without obliterating any essential geographic or political features. Boundary lines that are delineated by a line that exceeds 1.5 millimeter in width shall be rejected. The use of graphic tape or broad tip marking peas to delineate the boundary is not acceptable. (7) Every map must clearly indicate all existing streets,roads and highways within and adjacent to the subject territory. together with the current names of these thoroughfares. Other pertinent physical features should be included. (8) Maps of the subject territory shall be drawn to these standard minimum scales: (For a muitiple-ares filing,the size of each single area should govern the map scale.) ACREAGE WITHIN MINIMUM PROJECT AREA MAP SCALES I -40 acre 1"=100' 41 -200 acres 1"=2", 201 - 1000 acres I"=400' or 1" =800' over 1001 acres 1"=800' or 1" =1200' (9) If any segment of the boundary is shorter than 1140 of the map scale(i.e-10 feet on a 1" =400'scale maol that segment should be shown enla sed in a marginal sketch. (10) When the boundary of the subject territory it of a complex nature,an index table listing the various courses with the bearings and distances shall be shown on the map. 01) When it is necessary to use more than one map sheet to show the boundaries of the subject territory,the sheet size shall be uniform. A small key map giving the relationship of the several sheets shall be furnished. Match lines between adjoining sheets shall be ased. While the geography on adjoining sheets may overlap,the project boundaries mast stop at the match lines. (12) If the subject territory has interior islands of exclusion or the boundary has a peninsula of exclusion (or inclusion) that area(s)shall be shown enlarged In a marginal sketch. This sketch shall be of sufficient size and scale to allow Tax Area Services to plot the boundary without difficulty. The parcels in the sketch that touch the boundary shall be clearly labeled with the assessor parcel numbers (13) All parcels within the subject territory that touch the new boundary must be cleariy labeled with the assessors parcel number. It is recommended that assessor parcel maps with the subject territory delineated in red accompany the riling as su000rting documentation. (14) The use of assessor parcel maps and copies of Board of Equalization maps shall be in addition to and shall not be a substitute for the required project map. 2 4. DEFINITIONS AND SPECIAL FEE PROVISIONS: (m "Single area" means any separate geographical area regardless of ownership. A lot,a subdivision or a township could each be a 'Single area". For the purpose of this schedule a geographical area which is divided into two or more parcels by a roadway,railroad neht-of-way, nver or stream shall be considered a -Single area'. Separate geographic areas that are nor continuous to each other shall not be considered a"Single area'. A "Single area" does not include two areas that.are contiguous to an existing boundary of a city or district but not to each other. (b) "Contiguous"shall be defined as two polygons that share a common line. to "Zones" include temporary zones in highway.lighung dismcrs.other zones, zone of improvement. zone of benefit, improvement districts.or any other sub-units of a county,city or parent district. (a) "Concurrent transaction" includes any combination of formations,annexations and withdrawals of a single area under one resolution or ordinance. The fee shall be according to the fee schedule.Section 5; there is no additional costs for the. number of transactions involved. If there is more than one resolution or ordinance,each single area must be separately computed under the fee schedule. Section 5. (e) The fees in Section 5 of this schedule are based on the concept that any given action is confined to a single county. If more than one county is involved,add$250.00 for the second and each additional county involved. (r) The processing fee shall accompany each statement. (g) If the December 1st statutory deadline for filing statements is extended by a special validating act.the fees in Section 5 shall be doubled. (b) If an annexed or detached territory comprises an entire city,district,or zone without affecting the existence of that city, district or zone,the total processing fee shall be$300.00. (i) Payment of the fee for the formation of a city or district may be deferred until that city or district receives its first revenue (Ch.512,Stats. 1978). Each deferment shall be subject to a$35 billing charge. IMPORTANT: IF YOU HAVE AN UNUSUAL SITUATION OR ARE UNSURE.DO NOT GUESS AT THE FEE,CALL (916)322-7185 OR WRITE TO: TAX AREA SERVICES SECTION,STATE BOARD OF EQUALIZATION,450 N STREET,MIC: 59,P.O. BOX 942879,SACRAMENTO,CA 94279-0059 FOR HELP TO DETERMINE THE CORRECT FEE. 5. PROCESSING FEES: See Section 4 for definitions and modifications of the fees under certain circumstances. A separate fee must be computed for each ordinance or resolution. Single Area Transactions ACREAGE FEE 1 -20..._.___......_S 250 Deferral of Fees. —. a 35 21 - $ 500 Additional County per transaction.-$ 250 101 -600 S 750 Consolidation per district or zone _S 300 601 - 1500 51r00 Entire district transaction 300 1501 -3000. SI,400 Dissolution or Name change e 0 3001 -6000. $1,800 over 6000__ $2400 0504F.V AL 3 RESOLUTION NO. 5155 ` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REGARDING ANNEXATION OF PROPERTY WITHIN THE CITY'S URBAN SERVICE AREA WHERE CITY I-LATER SERVICE EXISTS WHEREAS, it is the policy of the City of Cupertino and the County of Santa Clara that all new construction shall take place within the City's juris- diction; and WHEREAS, within the County's jurisdiction where water service is in existence, major alterations, repairs and additions have been allowed to be undertaken without consideration of annexation, even to the extent of demolition of older structures and replacement with entirely new buildings; and WHEREAS, it is the City of Cupertino position that limits on the amount of construction that may be undertaken must be defined; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cuper- tino that in order to promote the orderly development of the City's Urban Service Area, the following policy is hereby adopted: 1. Property within the City of Cupertino's urban Service Area, with existing City water services , shall be annexed to the City at such time as an addition, alteration, repair or new construction on the property exceeds twenty-five percent (25%) , within any consecutive two (2) year period, of the re- placement value of the existing structure or structures located on the property . Said replacement value shall be determined by the Building Official of the City of Cupertino. 2. In the event the property cannot be annexed due to its physical location, the property owner shall sign an agreement with the City of Cupertino, agreeing to annexation when physically possible to accomplish same. in that event, construction shall be allowed to proceed under County juris- diction. 3. City staff is hereby directed to withhold the issuance of clearance letters to the County of Santa Clara in the event the twenty-five percent (25;:) replacement value is exceeded as outlined in number 1 above. 5. it is requested that the County of Santa Clara advise the City of Cuper- tino of any and all building permit applications within the City 's Urban Service Area so that a determination can be made relative to the applica- bility of this policy. t 5. The City Clerk is hereby directed to transmit a certified cony of this resolution to the County Board of Supervisors, Local Agency Formation Commission, Santa Clara County Central Permit Office and any other official as deemed appropriate. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of November 1979 by the following vote: Vote Members of the City Counci AYES: Jackson, O'Keefe, Rogers, Sparks, Meyers NOES: None ?3SENZ None ABSTAIN: None APPROVED: i2 ?k Mayor, City of Cupert o RITES-: S _4i'� _ City Cleric CHICAGO TITLO COMPANY Issuing Office: - Escrow Location: 110 West Taylor Street 20100 Stevens Creek Blvd #190 San Jose, California 95110 Cupertino, California 95014 Phone: (408) 292-4212 Phone: (408) 253-9050 Fax: (408) 252-3792 Escrow No. 000764822 GC ESCROW OFFICER: Grace Chen Patty Chen Best Investment Co. Order No. 764822 LAD 11595 Oak Spring Court Reference: Cupertino, California 95014 Regarding: 20710 Dunbar Drive Cupertino, California Dated as of: September 13, 1996 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued,as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained b% reason of any defect, Gen or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached fist.Copies of the Policy forms should be.They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY C Liz A. Duron Title Officer PFPPS-11/or/9 AA • SCHEDULE A • Mdcr No: 764822 LAD our Rcf: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: Chung-Song Chen and Jian-Pyng Chen, Husband and Wife, As Community Property 3. The land referred to in this report is situated in the State of California,County of SANTA CLARA and is described as follows: All that certain Real Property in the Unincorporated Area of the County of Santa Clara, State of California, described as follows: Lot 165, "Tract No. 783 Garden Gate Village Addition" , recorded September 6, 1950, in Book 30 of Maps, Page 30, Santa Clara County Records. Excepting all water, water rights, interest or claims whether riparian, approriated, prescriptive or otherwise appurtenant to said lands or otherwise, conveyed to City of Cupertino, by Deed recorded in Book 4713 Official Records, Page 493. 'SE,VA-9 21 93bk • SCHEDULE B • Page f Order Nu: 764822 LAD Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No. : 326-33-036 Code No. : 63-052 First Installment: $1,569 .78 Payable, but not yet due Second Installment: $1,569.78 Payable, but not yet due Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $7,000.00 s 2 . The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3 .5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. c 3 . Covenants, Conditions and Restrictions in the Declaration of Restrictions; which provide that a violation thereof shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value. Said Covenants, Conditions or Restrictions do not provide for reversion of title in the event of a breach thereof. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. Executed By: Calor Construction Co. , a California Corporation Recorded: September 8, 1950 in Book 2049 at Page 637 of Official Records Said Covenants, Conditions and Restrictions have been modified by an Instrument Executed By: Calor Construction Co. Recorded: November 22, 1950 as Instrument No. 679829 of Official Records E 4. A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby • SCHEDULE B Page 2 (continued) Order Nu: 764822 LAD l nur kcI Dated: April 30, 1979 Amount: $70,000.00 Trustor: Darwin D. Hoogensen and Kathleen M. Hoogensen, His Wife, as Joint Tenants Trustee: County Bank of Santa Cruz Beneficiary: County Bank of Santa Cruz, a Corporation Recorded: May 8, 1979 in Book B478 at Page 650 of Official Records Instrument No. : 6367803 Return Address: P.O. Box 564, Santa Cruz, CA 95061 Loan No. : None Shown This company is in the process of investigating the status of the above referred to Deed of Trust through First American Title Guaranty Co. upon verification from them, we will accept either a reconveyance or a Letter of Indemnity to eliminate said Deed of Trust from the policy of title insurance to be issued herein. 5. A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: September 16, 1993 Amount: $228,800.00 Trustor: Neal P. Callan and Frances E. Callan, who are married to each other Trustee: Equitable Deed Company, a California Corporation Beneficiary: Bank of America National Trust and Savings Association Recorded: September 29, 1993 in Book N034 at Page 0089 of Official Records Instrument No. : 12129821 Return Address: Centralized Shipping Unit #4691, P.O. Box 6013, 6200 Gateway, Cypress, CA 90630-6013 Loan No. : 0350427 This company is in the process of investigating the status of the above referred to Deed of Trust through Commonwealth Land Title Company upon verification from them, we will accept either a reconveyance or a Letter of Indemnity to eliminate said Deed of Trust from the policy of title insurance to be issued herein. 6. A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: September 12, 1996 Amount: $511,000.00 Trustor: Chung-Song Chen and Jian-Pyng Chen, Husband and wife PREUMBCG9/n/Mk • SCHEDULE B • (continued) Order No: 764822 LAD l nur Rif: Trustee: Commonwealth Land Title Company Beneficiary: Silicon valley Bank Recorded: September 20, 1996 of Official Records Instrument No. : 13454185 Return Address: 3003 Tasmand Drive, Santa Clara, CA 95054 Loan No. : None Shown 7. A Financing Statement, given as additional security for the payment of the indebtedness secured by the Deed of Trust shown above Debtor: Chen, Chung-Song Secured Party: Silicon Valley Bank Filed: September 20, 1996 as Number 13454186 In The Office Of: Santa Clara County Recorder K 8 . Any claims of lien that may be filed against said land by reason of improvement thereon, Disclosed By: Constructionb Deed of Trust, Security Agreement, Assignment of Rents, and Fixture Filing Recorded: September 20, 1996 of Official Records Instrument No. : 13454185 L 9. Other matters of record which do not describe said land, but which, if any exist, may affect the title. The necessary search and examination will be completed when a Statement of Information has been received from Chung-Song Chen and Jian-Pyng Chen, Vestees herein. N 10. "If an Alta Policy is requested, this Company will require an Inspection prior to the Close of Escrow. " N END OF SCHEDULE B 0 NOTE 1 : Title of the vestee herein was acquired by deed: Grantor: Neal P. Callan and Frances E. Callan, Husband and Wife Grantee: Chung-Song Chen and Jian-Pyng Chen, Husband and Wife, As Community Property Recorded: September 20, 1996 as Instrument No. 13454184 of Official Records No other conveyances were recorded within 6 months prior to the vesting hereof. PRELIMBC-91n/93 k • SCHEDULE B • Page 4 (continued) Order No: 764822 LAD Your Rel': P NOTE 2 : If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. PREUMBC-9/23/93bk • SCHEDULE B • Page 5 (continued) Order No: 764822 LAD Your Ref: NOTE 3 Effective July 1, 1994 all documents to be recorded in California must conform to the following: (A) A page for the purpose of recording shall be one printed side of a single piece of paper which is 8 1/2 inches by 11 inches. (B) A sheet shall be one printed side of a single piece of paper which is not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by 14 inches. (C) I£ a page or sheet does not conform to the dimensions of 8 1/2 inches by 11 inches the recorder shall charge $3.00 extra per page or sheet of the document. These changes are pursuant to Government Code Sections 27201, 27361 and 27361.5 which were enacted in the 1992 Legislative Session to be effective July 1, 1994. R NOTE 4 Short Term Rate S RD/og PREUMBC-9/23/93bk OFFICE OF COUNTY A]SUSOM - SANTA CI-AAA COUNTY, CALIFOANIA als 326 R.0.5.3/6/46 R.O.S.307/19 Itw.N br.u.ate n n t e aq _-�-- --NORTH DE ANZA—(FMLY SARATOGA•SUNNYVALE RD.)---BOULEVARD P.M.584-M-24 P.M.515-M•II —•••--•— _ PM YNtt 0.re ter}f ata.M I .N xF.N O 94 '$ OTj i //3 R Loy O Y a rc L. I a ff 2.99 AC, PCL.A I 1.22 AC.NET I 1". 150 ne.t�_....1!_... ) i PM.469-M39 PCL.] • {.f.Y LL I66AC.NET x 34 vcl. A /OS ^O 97 = ".-G! _-__ 3.08 AC.NET x j; x�2 Q PCL.A PCL A >S ICL.tI G; PCL.A A 'Q \ 0.65 AC. 2,22 AC. NET 1.55 AC.NET I 1.48 AC.NET Q 1r,Cmaor O1 rzo toa esx.x, xnt. o, wa to , ofA,y 56 L m ro"r —... ... P.M.448-M-13 -••. ... nrw P.M.39 •M-IB .] / H�A /, �gp Yo/!f'r_- P.M. 477-M-29 P.M.434-M-42 toga BANDLEY DR. ca,-,"3y M� '�p FACC_ p 111,6./4"',Itto ,-If /ir Ak co I/02 79 PM.468-M-9 xL. A PCL.1 19 i PCL.A 9' 2.20 AC.NET 2.95 AC.NET. 3.78 AC.NET 0.95AC.NET •••— U. ietn m.n� Nzn, AU Q w:iTTuo i4 a NN.xt r • • ` n.Ax ; .75_.. T nt.di 44 38 � •�� 37 � 3/ ■. /7 n 6ler J —1 - --- 2E 1- - --- :p —1r0 ,❑1— $ O: —n4 ens — 0. /6 i--G Z _iiSai_..______ ___.______ ___.-_a__i�__ __ ___a_______ H -ifi.ii__ WO 141 1Is4�9 g2 —16s ;19 2B 291e9 �nx23 s '2 22 /B Qj;x Ire K° no" op3 173;176— L9 PQ d' J0 r r ` 3 7a. `� [41 xy aZ• nae' Q Tx]d- lf'T��S.3a'Np lr" rll-" Fi' p -N'� ie'-i 'Ib-. 160 i 159 , IS! GO IS) i ISB I ISS pr 154 , 153 , IS2 LL ISI , ISO 1.9 10 Ir9 I ` .42„1 4/ �40.,�jo2 34„' 3_i -'a: ZPxi 27.i 26„AZ'. 21 .. 20 /9 jyE -- -- w - oA 1 wLL,°_ — — 4�QE4 — C— 4-aNi 13u; 1 0 /3 ISO: BEARDON— a VI.. 1 DRIVE 1 TRACT 783 _ GARDEN GATE VILLAGE ADDITION ^ 'ifl AMERIC.AN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17412) EXCLUSIONS FROM COVERAGE Tho asbe+p momm rs enprway rnekrded from err ooverage of ant policy and"Company ale not pay low or drrra.coma,a barn.' Men or expenses al ydr aria by reason or t. (a) Arry law.ordnance Or gWmmwaa rogrlabon(including but not linird to bolding and aa re Was,ad'rrcw.or re9ulabbne)restricting. mgrffeftvrohbak or re- - g1o(9tlro=oww%oea.«ayoymwwdmewd:mn»arrwWdbmo s orlxwan Of any nv)ven»m now or W swum waded err err and;(W)a sePantlon n ovowf W mp or a chaps n tho dnwrlorm or area of th*and a arey peace of Mach the end is or was a part or(W)«wYonmonW pnbtscmm.or err from*of any vloomdon of nrso era*,ord'wces or goY«mwmm reglrlar,except to dis cedar-bar a nodos a tar smoromnan dnsnm or*nr lca of a defection or ancunbranos rwub'p Iran a-loWm or asa9ed vkAWW mtkcdn No fend has been recorded in dom public recado of Deli Of Pony (b) Any govannanW police poorr not swcfrded by(a)above.amept b the exlsra duals "I Old"esereW tlwad or*norbe d a defect.ten« eKurbrree raaMrp from a vbkdkm or~viol don mfecdrp one fend has been receded in Rua pubic records at Dam of Policy 2. Fiighlo a amines mnrI o I rwkw of do enrreI tfwsaf hes lose^.-scorded n err public neoor- a Dam d Pasc%bur not exdudrm tram coverage any tor— n which hr Wcurnd prior b Dar al Porky Mich would be Dirndirp on err epee of a purchaser for vaue without knowladge_ 3. Delecfa.Rent.errarruanrncea,adveres chinos Model OEMs: (a) cveoard sneered.assumed or agreed to by err trued cle'rrae: (b) not bloom to due Camprr%not recorded in the pubic record*at Deft of Poligt bur known b On owed ela'nan and not disclosed in wilting to the Campry by am'roe0 da'rwrt prior to one doom an neued claknan became an insured under the pasty: (c) rea king in no loss or drupe to aua'rured elo'nam: (d) atia*rng o rimed adm@qurn b Dora of Policy:a (s) nsa ka in bee or dueege whirl would not Nave been aumaned it the ho red da'nrl hod pad om for emcee or'werew imurod try This poky 4. AM arm. which Nees our Of the bmw*cbm veeanp n the nmred the same or N lereg Sued by the pasty. by reason of am oporatan of Iedend beniwupi y. stem remokwi y, or a AN credit ' right Imm, Vat a based an: (i) the trarrbon aeetln g to emsom or wOrW in osd by din policy being dsennod a fraudulent oorrvayres a fraudWerm trm nmer; or (i) dw trawrlon aaabrg the es an or inleem vaned by this policy being daennnsd a prsarereW boom except whom the pnlerwbW trader ferias from the tekrs: la) to brnsly record the wn.hrm of tnmw*e or (b) of such r000rAedon to 'ripant nonce to a purchaser for vane or a A+dgnrrl or ban aedaor. The abode polka Fawn am be 1*arrd is afford enter Standard Coverage OF Eslrrde'Coverage. in addition to err else Eacluslone horn Coverage.to E:osptlorr from Coverage in a Samford Coverage policy will Moo Innchlds the Wad I Gemara EmspYanK EXCEPTIONS FROM COVERAGE The poi"does r r insure&point low or darnage(ad da Company who not pay costa,atbnrys fees Or experws)Mach ores by reason of 1, Taw a weeaena is which we not shown w exwWV keno by the reads of cry to M adhorq aM Wfea taxes a ess*wmrea m raw property or by the public rem . Proosedng*by a public agency which may realt in taxes or esesarma,or noboss of such proceedings.ohodw or not arwm by the record*of such apsrncy or by the public ram . 2. Ann aaa,dgfs,nareea a clam whin ore not shown by the public ram bur Mien card be aaxrrta'red by an'nspsctbn a err lard aW cooking ingnry of persons in poaeees. auarsol. 3. Fmoermri*,see a awvbranoes,a cams dried.Mach an not si mm by Vr public mood*. 4. Dacn nper WM ooI1N' inboundary Ines.Shortage in area,ecroea w a aas, any odw era*will Survey ichh a cone*Svey would discloes,ad which are not Slows by do public scab. 5. (a)thnpmWnlmd minng awrnr;(b)neeervasow or e:ppbons in peens or m Acts sudwiarg the fesuance tfhersof:(c)wow rigles,canro or tfbe to waw,whoaner or not to matnrs s:ceptsd uder(a).(b)or(c)are shown by Vie pubic records. AYEacAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(e-147) EXCLUSIONS In addion to tlr axoapiorr n ScMdYa B.you are not knurad apsirW kw,costa.ationey's tees end expwws res oing horn: 1. GovwTrrrntai poboe poww, wd the existence or violation of any law or government rpuWbn. Thts nckdse bukl ng and Thing ordievion and also irm and regtistlons oonowTWV: • Mod ur • IwW division • inproranwb on the Wnd sommmierasl protection This exclusion dace not apply to the vbMtbro or the onforownwnt of these mwww whbh appear in the pubic scads at Paley Deft This eecMalon does not fruit the zoning coverage dsecrbe. in is 12 and 13 of Covered Title Risks. 2. The right to tab the loW by mrdermWq it.u leas: • a A r of ro erdeing t r right oppows In the pub is recaW on the PoW.y Daes • Vw Ykng' NVF p prior to the Paley Doe arid is boding on you d you bou g! the Iard widnaA knawsg of the Wurq 3.TWO ygekr • that are awed.ailorr.d,or agreed to by you • that r•bWM to you,but not to uak an the Policy Deft-user they a0 s in the pubic woods • Ow wow in no low to you • #W§Mafbdyo Moaflwlhe PoW.yDYe-thado"rot WMV*WborwWwweiw Mnoawr mhwnBdCovered Td%R4ks a. Fg I to pity value for you Me. 5. lock of a right • to wry lend oubNe the arcs peaicMy doocrbed and referred to n mom 3 of Sclydder A.or • n Waets,aasys.or waMnveys Met touch your Wd The exclusion doer not low the eccrs twverega In rem 5 of Covered Tile Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you ws not wmxvd agMrt bore, costs, attorneys' feet old expenses re AUV kohl: 1. Sonmww chimp an krow kl your herd by region at, A Fmewnwft not aflowi In the pubic records B. Bourdwy dipuase not shown in the pubic records C. nprovwlrwa awned by your neighbor placed on you Wd 2. If. n addition to a tangle Wily residence.your imaging structure corunete of one or more Addtiorrl Dwelling Units, hem 12 of Covered Title Risks does not name you against tor, cam, attorneys' fees, red exponw 1esulnrng from: A. The brad removwl at wry Additional Dwelling UrK or. B. The lorad conversion of any Ad4borW Doffing Unit back to As 00 um, d said AddibrW DwoftW Una wsa aitlrr constructed or converted to use r a dwMnp uni In v/watlon of wry low or gaw*xrwt raplsYo^. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALSmOfW" LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 19N EXCLUSIONS FROM COVERAGE The IF fom' g mstbre we axpsasty aided from the tbooage Of Nis patsy and that Ca r4wity will not pay lose or damage.coats.atbneys'fees or expenses;which rub by reason of: or nsprbrr)restricting, t rru . (a) Any law.ordinance or goraronat reguistion fincardnot Y b ing but not building and io^rg taws.ordinances. raPiadrn9.teoi+nfingm wbmde om+9amXdN.rryoyrnWdtn.land:(i11M cfrarari/tYntanrionrlocasandryrrupnoven,end now or twice"arsasd on lib Wd:(n)a aapara on in ownership r a clamps n da diva mmm or rem a dr Wd m cry Psrcet a w inch the land in r was a pot or(hr)arMilim- m"it mb ton,orthee afseta"vioWionaMwa Mare,murtrmw or gm m mntW MWAM .sxrxpt to"mM- 'Mat s nolitis a lie rdamrwnt ftsnad r a nloliee a a ddect Yen or rtambrarca rwamintp Mom a vbWbn or~violation allecYrg Ma Wd hue been nocrded in sea public Horde r Dab Of PONCY P Arty 9banaar�poll Paco rot awciuded M(a1 above,except b it"OM M Mat a,,aloe a sea exruaw dnreof r•rdtice a,delect,Ile,,or (b) A arnnanbnlwe,,rrtg Mmm a viddon a aged vlaiason afactltg to Ind has been recorded in dr pbfo,,ords at Dab Of PCYcY AbutnalsxClUdiNngfrOirn 2. covvonp teldrg whidt hse amend pbr b mm a Pcifty w ich waYO dndng on Ma rWala as oPraaaar�-Aus wm knowledge_ 3. Dslaces.lira,rwnbranow.auMree aabrr m Oem natbn: (a) whagm r notrded in aw pubfc,,= et Deb of PofcX but crowd.sufhred,aersned a agreed tU by the rteuxed dament (b) not bnoamn to Me Coff,;Wj tt rot,,ran'' n db public ncrdm r mte a Polio%der blown b de%erect dakyw"and not dscbesd in writing to the Crmpany by N•iMaed aannarnt prfr b Yte dab iM rnanaed cbirart became an rarad rndr that Pohk.Y; (c) ,,rlsng n m lose m dawMtps to"' ckm,arrt: (d) fnach.g Or reeled subsequent to Dses d Policy:or (a) rwuAang n iom r denwpa which woubd not have been sustained i the insured dormant had paid value for the reured mat~Or hie estate or raw"rered by this PofcY d. UnentocesbMMy of hie Yen of the insured mortgage because of bil the inaity m lairs of the insured at Dab of PolK.*,l or the inaGMN or failure of any subsequent twin wr a tfe r,debte I ,to C .4*with appbc ble dong buwwu laws of the state in which the lad is"ttwled. 5, lm*i wty m rwoorcembiaY d tha Nan of the waxed mrlgage,or claim Berea,whidu anon or of the tnroaclir+evidenced by the insured mortgage and is blamed upon usry or any oonerrer e,,dM pascoon Of truManlydinq low. 6. Any dam.VA and ruse out Of the"reaction vestng in the inrxed the estate of interest nsred W go policy of lea Vwwmmw creating lea interest of the we Irnder, by remmm of the ePrWm Of Isderst braougcy, stale wmkrcy or Sand"'SAM ' rghh laws. EXCEPTIONS FROM COVERAGE This policy doss not rare aprrwt low or damage laid We Company vne not Pay costs.&tkwrwYs'fees Of exPenws)which crime W mason of t TixM r wesw w—which are not of o es exam"here by the records of any taxing authority that levies taxes Of sstessmrm real Pr on r Property or oY de pibhic,Wm - wA,etfwen m na drown by tM,,cords of such Proosedn9s by a pbsc ogeny,h 6ch mmy writ n taxes ter asseem nta,m notices a such WoeesdNpe. agency or by the pbk records, a or tend which MY 2. Any%CM rWAIaarets r ks dstrr whidn r not shown by"pubb recr utds b which tail des aaertaired by am inWsrb^ be asserted by panac^a in possession Mreat. 3. Fagan,".Yre Of e nrmbrnn.'w,or cleric threw,which are no(shown by the Pubic records. a. Olooepantdw,oonr- inboundry lines,afdrtape in nee,emro ta.m and other facts wtrdn a correct sum"arid disclose,and which are not sl own by Ve public raoode. 5. (a)UnPOWatd nnir ring:(b)reservations ofexceptlons inplarMs Or inActs suMriattp the iesuaiwce d,rea:(c)war ngl+ta.maims on 7tle to web«.Whader or not the matters excePbd i dr(a).(b)or(c)am shown by the pblic records. Reorder Form No. 125N(Rev. 2193) AMUWAN LAND TITLE ASSOCIATION LOAM POLICY (10-17-92) WT H ALTA ENDORSEMENT - FORM 1 COVERAGE find AMERICAM LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1417-92) WITH ALTA ENDORSEMENT - FOAM 1 COVERAGE EXCUMON8 FROM COVERAGE Tile bil masers as rpreMahY secluded Mom the coverage Of thi VdY,Y and 90 Campary WE not pry bad or danra9a,coat ateor sys'Ise$or n I sddd mrlse by naaaon of I. (0) Any law,or6nann or gowrwwtal regulation(avkudi g but rid YnYts0 b buitfrtg and a x*V lows,ardrrrcaa,or rsguw")reso cuN. rw9u�n9.pip or rettp b M the ooapncX us,Or sryoymerd of the Weed:(1)the c armcfeL Amwsbrr or bcalln+of ry Mnprovenwn how or IwsaI areclad on the Ytnd:(o s seprallon n ownsrsdp a a dwps n the drnsmakm or air d fie lend or any parcel 01 which the Yrnd s or was;a part or(M amMarwMY protalom or the ahbd Of any vbttion of tlheaa laws,ordr- or povwlet«dw ems,axcep b dins artht fhal a note,d ds ardoroenrd fuwdot a a robin d a , , Yen or arounbrara rewflitp Mara a vholafon cr~violation albcYp fts land from been rmcordsd n the ptife racadd r Dar oh Policy (b) Any povwraewaal price prow not emol ded by(s)abovm.oxomo b the adsrd t W A naka d de farces ftwddor a rofos of a dalmd.lien or encurnbrrwa reerirp Man a doMrbn«sped vblaW ahbar g Yr hod has been raoaded In Ile public reoads at Oat Of PO4.Y 2 MOM of eldtwd I n ulemnodes of Ow eaeclaafhimadlirabeenrmom nowpublic nborde at DardPciia%lord not excluding from oowape any flip Mdoll hee o=wr d prior to Dsn d Policy which wadi be' ' I on the rtyde d a prdtdar br vaMs wihotd biowladge. 3. Dialects.low wrawbranow adwrw rI I a ales m ass (q ores"em8sped assured or aped to by du Ysurd dsnsrd (� not bewn b on Compared not naoadad in the public records r Des of Poklt but known b tM iNU chalrrnara and not diacbee 'in writing to thm Ccrnpary by the assumed olairnara prior lo"deft the nerd clsmart beoerrr see irwxad under"lis picY• IW raMrdfrtg in no tea or drlrp to w nwrW a$nantt (d) ellacldrq orO abnMprd to Dat Of Pcicy(Mxoap b the"IN dW dos potty irwrra trs priority d the fen of the hued magspa over and starry fen for aevhoss,labor or ma W or b ow axtra Mwraru is albrded W ON as b neMerrwda br$beat irprovenwaa under oawruclbn or oeephetd at ass of Policy):or (N rss11 in bee or ' mil id would not he"bssru sustained a the inured ceanart had pad valve for ae iMA morgege 4. lMwaacembifq Of to Yon of the insured mortgage because of the aubttty or failure of the issued at Deli of Poker or the insbYity or failure of any subsequent owner of the idabtdrre,to conply with sppieable doing Wwaa laws of fha slat in which the land s smum ed. 5. Imeliday or urwMorosabeay of dr Yen of on inured muMgage.or claim thermof,w6Nd wssa our of de transaction evidenced by the insured nw%pge rd la bond upon usury or any consumer credit proecoon or ndh in lending Ides. 8. Any staMory Yon br services,labor of rrIatsriala(or the cairn or priority of any stabubry Yen for eervroes,labor or,wWA over the lien of the Trued mortgapN We n9 horn see inprovsrnent a work rW Ad b the land which u o"n cled for and 001 -We ad subsequent to at of Pot" and is not frwca'in olds or in pert by proceeds of this idsbednr secured by the inured mortgeps which of Dot of PokY dw insured has dvanoW a is ab$gasad b s ivarce. 7. Mry clan,wfnich wlaae out of the transaction crewing the stares of the mortgages inured by On poky,by reason of the operation of federal b nice pky. stet Irrdwncy, or airflow crsd m' rights laws, dirt s bend on: () ore oarracoon crew ng the inteew d "m inured mortgages bang deemed a hrduYra oonveyrca or hwududed trretr; a (a) the subadirrim of the insured of do insured mortgagee n a reert of the appicabdn of the doctrine of equitable stbordinsoon: or (r) ,a vvneacyon orssrrhg the aaemw of the hued mortgages being deemed a prehrsnw Mauler except whom the palarso breeder resuhs from am tailurs: (a) to timely r*W the irstrunwa Of oweimr: or (b) of such rmoordaMon to npert nibs to p rcha r for vskrs or a$idgmerd Or Yen creditor. The above policy brave wry be iasd to afford alter Standard Coverage or Eatanded Cowage. In addOon so the abovm Exclusions from Coverr9a,the EueeapYate Iran Cowmp In a gtwhderd Coverago policy will arm Ytdtr 1 9n bfowrp Ownwal EtmspYaha: EXCEPTIONS FROM COVERAGE The poky does not Yrum apsem bee or carnage(arid the Carparry will not pry ousts.atbmneys'hums or stpnsma)which arise by resson of t. Taxm a endow nwa whddh we nor shown ee sridhp tier by the norm d aM taxrtg any t1W teviea tray or OeeaMemheta on real property or by the putik records. Procedyge by s p ti c egeney whrdh may rnurt in slaw Or asaaeemetoi,or naicse of such proceedings,wMder or not show,by the records of such agency or by do prbk mom . 2. Any twat,right$.iwreet or dAmna which we not shown by i e pudic remade but wladh maid be secmrmied by an Yspadion Of the land or by melung inquiry of persar n psaaaab^themd. 3. Emewnords.tier or we unerwmm.a csin dweot,vA and sum not show,by Mho puOk reoords. 4. OYaeparcise,oar lRat In boundary lira,shortage in area,empoacht enb,or wry o"m fact w ads a corrw survey would decbae,and which are nd showrh by tM pdk noorda. 5. (&)I.lrpatrtmd miitg Calms;(b)reesrvWxxw or exceptions in parent or n Ass s udioriang the issuance dwaol:(c)walsr right,cleiro a title to wow.wh red en or not the nrnehtara axcsptd under(a).(b)or(c)sum sown by the pubk records. • • GO UN p (•I -(- 0 General Plan Conformance and T.4 C Contiguity/ Annexation Statement planting Office This form must be completed by the Applicant, the County Planning Office,and the involved city before certain applications can be accepted for processing. Contiguity/ Annexation General Plan Conformance ubdiv �I Proposals for Subdivision.Use permit,or ZoneCbange Applicants proposing Architectural and Site Ap- Ll on property within a city s urban service area and Subdiv Building Permit, Building Site Approval, Sision,Use Permit,or Zane Change onprop- under county jurisdiction must conform to the General erLy within a city's urban service area and under Plan designation of that city. County jurisdiction must first file this form initiat- ing annexation if they are contiguous to the city. Contiguity for the purpose of annexation means property is either directly adjacent to city bound- ary,across the street from boundary,or wi feet from the boundary along a public road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . STEP 1: TO BE COMPLETED BY APPLICANT Applicant Information Property Description C,'1N�i -SbN� C � � o7/D ndIMAK P;1- Gu 7efP,L Svru Addr/ess APN fir Siu SPeu Addrtss C.� ��l� zip Cin ..me Existing Use ZrlrpMrte N Proposed Use (in detail) Dateg�-- Anniic^.nt iiSnfure C�o81 99�j� b f( Z• Cununueti on m•rrse STEP)JO BE COMPLETED BY COVY STAFF General Plan Conformance Contiguity/Annexation ❑ Subdivision ❑ Architectural and Site Approval ❑ Use Permit Building Permit (additions excepted) ❑ Zone Change ❑ Building Site Approval (additions excepted) ❑ Subdivision ❑ Use Permit Involved City �U ;�-,,t;,� ❑ Zone Change County Comments Regarding Proposal l / '1'u.tiG.�/ � '2.''% "A n G`�rJ. E/i4 oya�J =.. By: 1 � r Title Te]# — %'� Date . . . . . . . . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STEP 3: TO BE COMPLETED BY CITY PLANNING DEPARTMENT General Plan Conformance Contiguity/Annexation ❑ Conforms ❑ Project is minor and application may be filed with County. (application may be filed) ❑ Does not Conform Project does not qualify for annexation due to location (application may not be filed) ❑ with respect to city boundary. Application may be filed With County. Project is major and qualifies for annexation prior to I t� development. Application may not befiled/with County. City Comments ,qn�ce ail l 1 A�Y�I�� �Jt �In v� Ira+ DY /;7p 6aMlY M 13SUe fhe hu//W1,W PP-m/Y :0- r Woi W a//r;oouired , 2 &0S if/h��r �;�,,a l l i�saec ah is co�rrnl , fLiP u rfiHa / S tO NO nD /' red sa XVf 7<G7& uhhP Gfibh rray be comp/e}ec lanyl � ' d Bv: r LL/ — Title Tel# G Q Ili + e G S/O k Cct rm zvt 41ctu "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO DUNBAR DRIVE 96-09 SEPTEMBER 1996 All that certain real properties situate in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 165 and portion of Dunbar Drive as shown upon that certain Map entitled, "Tract No. 783 Garden Gate Village Addition", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31, 32 and 33more particularly described as follows: Beginning at the southwest corner of Lot 165, thence form said Point of Beginning running along the southerly line of the said Lot, EAST 85.00 feet to the southeast corner of said Lot; Thence NORTH 110.00 feet to the northeast corner of said Lot 165, and its intersection of the southerly line of Dunbar Drive, 60 feet wide, Thence EAST 86.82 feet to its intersection of the westerly line of the Original Incorporation of October 1995 of said City; Thence along the said westerly line of the Original Incorporation, N 00 04' 00" E 60.00 feet to its intersecton of the northerly line of Dunbar Drive, Thence along the said line West 171.75 feet; Thence turning South 170.00 feet to the point if beginning. Containing: 19,657 square feet, more or less. 0.451 acres, more or less. APN : 326-33-36 N � N GREENLEAF DR. SITE of o i DUNBAR 0 DR. o o/ S 171.75 OM FARG0 85.00 DR. 0oob 0o t _ DUNBARDR 0 fSCALE: 1"=100' HANFORD R.85.00 EAST 86.82 Iz o o j I ORIGINAL z I x�o o I INCORPORATION Q " o o OCT, 1955 ° 30 -0 I U) 00 1 85.00' I I APN 326-33-36 VICINITY MAP P.O.B. LOT 165 NOT TO SCALE TOTAL 19,657 SO. FT. 0.451 ACRES • LEGEND Q�pfESSil I g .,, �y�� EXHIBIT B ooeh-H BOUNDARY LINE OF s °� PROPOSED ANNEXATION PROPOSED ANNEXATION BOUNDARY LINE OF °C 25538 TO THE CITY OF CUPERTINO EXISTING ANNEXATION' ENTITLED DUNBAR DR. 96-09 --- -------- EXISTING CITY LIMITS rp civic a�Q OF `E�Q DATE: SEPTEMBER 1996 SCALE: 1"=100' 1� t2/s//q3 BY: J.C. I REVISED: JAMES C. CHEN, C.E., S.E. P. .BOX 20302 AN JOSE CA 95160 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO DUNBAR DRIVE 96-09 SEPTEMBER1996 All that certain real properties situate in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 165 and portion of Dunbar Drive as shown upon that certain Map entitled, "Tract No. 783 Garden Gate Village Addition", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31, 32 and 33more particularly described as follows: Beginning at the southwest corner of Lot 165, thence form said Point of Beginning running along the southerly line of the said Lot, EAST 85.00 feet to the southeast corner of said Lot, Thence NORTH 110.00 feet to the northeast corner of said Lot 165, and its intersection of the southerly line of Dunbar Drive, 60 feet wide; Thence EAST 86.82 feet to its intersection of the westerly line of the Original Incorporation of October 1995 of said City; Thence along the said westerly line of the Original Incorporation, N 0'04' 00" E 60.00 feet to its intersecton of the northerly line of Dunbar Drive; Thence along the said line West 171.75 feet, Thence turning South 170.00 feet to the point if beginning. Containing: 19,657 square feet, more or less. 0.451 acres, more or less. APN : 326-33-36 N N ,h a iII o 3 GRE ENOL EAF op SITE i UNBAQ DR.R o a ' FARG 85.00 6.7 ' DR. 171.75oamT—DUNBA—RD . o f HANFORDSCALE: 1 =too' °0 DR. 85.00 AST 86.82Iz 0 1 ORIGINAL o OIOo TN -0 30 =)O O 1 OCT, 1955M Nj �85.00' 1 I APN 326-33-36 VICINITY MAP P.O.B. LOT 165 NOT TO SCALE TOTAL 19,657 SQ. FT. 0.451 ACRES • LEGEND Qa0f ESSIO yq BOUNDARY LINE OF emleh-H,�'o 0% EXHIBIT B '��" e+ PROPOSED ANNEXATION e '° PROPOSED ANNEXATION BOUNDARY LINE OF zssss TO THE CITY OF CUPER71NO EXISTING ANNEXATION ENTITLED DUNBAR DR. 96-09 EXISTING CITY LIMITS crvw OF uv\k DATE: SEPTEMBER 1 996 SCALE: 1"=100' BY: J.C. REVISED: JAMES C. CHEN, C.E., S.E. P.O. P CHUNG-SONG CHEN 16-3784/1220 155 JIAN-PYNG CHEN 5100055301 ' 11595 OAK SPRING CT. /� 9 ` CUPERTINO, CA 95014 DATE !O, f b o� yy C�un E/y cv f Sr9NT�B C1�R/l I $ 13(r— ONL- DOLLARS ��U vGCs�N�C�1ree -area S'tr-£JF�Le 8� a Gri- General Bank ANT 7-9 Baum x oe�wnaw..curenmo.uew�. — � 1: 12 20 3 784 11:0 i 5 5aaI 5 LOOO 5 5 30 ill• mill OESS0001S ­ I5t0:11hIUE0221 :1 clNOvfm �uEe IEaaua�VV G M,3GW c $ O V 7 �i.l.Ol.iEd 31Va VL096 VO 'ONLLUgdno 9s 'L J 'G '10 ONINdS NVO 9691L H N3HO 11SNAd-NVIr 1S fj 9 T OZL1fl9a-9t N3H0 °JNOS 9Nf1H0 6