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Annex 98-03 - 10352 N. Stelling Rd. Resos 98-143 and 98-190Please record without fee (Govt. Code Sec. 6103) COUNTY OF SANTA CLARA CALIFORNIA LOCAL AGENCY FORMATION COMMISSION County Government Center, East Wing 70 West Hedding Street, 10th Floor San Jose, California 95110 (408)299-4321 CERTIFICATE OF COMPLETION Doc#: 14318483 8/04/1998 12:18 PM I, Autumn H. Arias, Executive Director of the Santa Clara County Local Agency Formation Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200 and 57201. I hereby certify that I have examined the Resolution for a reorganization attached hereto and have found this document to be in compliance with Government Code Section 56826 authorizing cities within the County of Santa Clara to assume authority over certain changes in government organization. The name of the City is: Cupertino. The entire City is located in Santa Clara County. The change of organization completed is a REORGANIZATION which includes annexation to the City of Cupertino and detachment from the Santa Clara County Lighting Service District. A map and descr�pt;on of the boundaries ofthe charge Dilorganizauon is apperded hereto. The title of this proceeding is: N. Stelling Avenue 98-03 (uninhabited). The change of organization was ordered subject to the following terms and conditions: NONE. The date of adoption of the City Resolution ordering the reorganization is July 20, 1998. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated: �� -'�'-2 Autumn H. Arias, Executive Director: Santa Clara County Local Agency Formation Commission Attachments: City Resolution Legal Description Map RESOLUTION NO. 98-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "N. STELLING ROAD 98-03"9 APPROXIMATELY 0.754 ACRE LOCATED ON THE EAST SIDE OF N. STELLING ROAD BETWEEN GARDEN GATE DRIVE AND HAZELBROOK DRIVE; KOVALIK ET AL. (APN 326-30-091) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.754 acre on the east side of N. Stelling Road (APN 326-30-091) has been filed by property owners Scott Carl Kovalik, Marshall David Kovalik, Mary Anne Loban, Carol Anne Payne, Mark Stuart Loban, Joseph P. Kovalik, Jennifer A. Kovalik, Nancy Stubbs, Mary Kovalik, Joseph W. Kovalik, Carl S. Kovalik, and John A. Loban; and WHEREAS, on June 15, 1998, the City Council adopted Resolution No. 98-143 initiating proceedings for annexation of the area designated "N. Stelling Road 98-03; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "N. Stelling Road 98-03", more particularly described in Exhibit "A"; Resolution No. 98-190 Page 2 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.754 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 April 20, 1988, enacted an ordinance prezoning the subject territory to City of Cupertino Pre BQ zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 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. 2 Resolution No. 98-190 Page 3 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. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of July, 1998, by the following vote: Vote Members of the City Council AYES: Burnett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Michael Chang City Clerk Mayor, City of Cupertino 3 E X H I B I T "A" PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "N. STELLING RD. 98-03" All that certain real property situated in the County of Santa Clara, State of California, being a portion of Lot 101 of Tract No. 783, GARDEN GATE VILLAGE ADDITION, filed in Book 30 of Maps at Pages 30-33, Santa Clara County Records, and a portion of North Stelling Road (formerly Stelling Road), described as follows: Beginning at the southeasterly corner of Lot 151 on the Westerly line of North Stelling Road, 60 feet wide, as said corn er is shown upon map of Tract No. 682, filed in Book 26 of Maps at pages24 and 25, Santa Clara County Records; Thence along said westerly line of North Stelling Road, North 190.61 feet; Thence leaving said line East 60.00 feet to the easterly line of said Road to a point distant south 150.00 feet from the westerly common corner for Lots 100 and 101 of the above referred to Tract No. 783; Thence continue East 125.00 feet; Thence South 171.24 feet; Thence West 125.00 feet to the easterly line of North Stelling Road; Thence along said line South 19.37 feet to an angle point on the Original City Limits Line of the City of Cupertino; Thence along said City Limits Line West 60.00 feet to the point of beginning. Containing 0.754 of an acre, more or less. Date: January 23, 1998 APN: 326-30-091 � �rEss •' U" No. C133�13 Exp: 3 V OF CALOfl L ZG END 9oandary lime or Ortyina/ Ci �y Lirni f.5 o. - Cu) erl`"%no Boundary 11r0e a� l'ro�aosed Ann�xa�`Ivn PSB %'oinf O, - bey;i���'ny �erT fer/i�2 g` RAZ,EL BROOk DSP. o h tai, f� No. 013310 =s Mr Exp: 3 31 a��• Q ,, p " �r�gin�l Cii� Limits POB --, TRACT 6015 C. y o{ CLLP&t- 6 O 1280 Fre e way CF re en l7 lea z 4azel- -i brooK Lu G(arclen- Chr� 5fiense�� date Awes z 5 fie en s Cre e K- til v VICINITY 6 CMAt) NOT TO SCALE 30 30 IV Ell I]:� GO .Q q we s+_ Lot 100 "Lot t01 a � GA,PDEN GATE D.P. EXH!b1 T`615 to PROP05ED ANNEXATION TO THE CITY OF CU PE RTI NO ENTITLED: 5ILLIMO RD. 98-031) APR: 326- 30 -OSI 5CALI=:1'1 6a' TAkOARV Z3,/998 Fast 1£35.00 12 5, 0 V N/esf � South 19-37 a � GA,PDEN GATE D.P. EXH!b1 T`615 to PROP05ED ANNEXATION TO THE CITY OF CU PE RTI NO ENTITLED: 5ILLIMO RD. 98-031) APR: 326- 30 -OSI 5CALI=:1'1 6a' TAkOARV Z3,/998 RESOLUTION NO. 98-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "N. STELLING ROAD 98-03", PROPERTY LOCATED ON THE EAST SIDE OF N. STELLING ROAD BETWEEN GARDEN GATE DRIVE AND HAZELBROOK DRIVE; APPROXIMATELY 0.754 ACRE, KOVALIK ET AL. (APN 326-30-091) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "N. Stelling Road 98-03" from property owners, Scott Carl Kovalik, Marshall David Kovalik, Mary Anne Loban, Carol Anne Payne, Mark Stuart Loban, Joseph P. Kovalik, Jennifer A. Kovalik, Nancy Stubbs, Mary Kovalik, Joseph W. Kovalik, Carl S. Kovalik, and John A. Loban; and WHEREAS, the property, 0.754+ acres on the ease side of N. Stelling Road between Garden Gate Drive and Hazelbrook Drive(APN 326-30-091) 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 April 20, 1998, to City of Cupertino Pre BQ zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and 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; Resolution No. 98-143 Page 2 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 "N. Stelling Road 98-03" and detachment from the Santa Clara County Lighting Service District at their regular meeting of July 20, 1998. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15t' day of June, 1998, by the following vote: Vote Members of the Cily Council AYES: Burnett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ Michael Chang Mayor, City of Cupertino 2 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3249 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: N. STELLING RD. 98-03 Situs Address: 10352 N. Stelling Road and consists of. X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 0.754 acres on the east (n/s/e/w) side of N. Stelling Rd. (Street/Avenue) between Garden Gate Dr. (Street/Avenue) and Hazelbrook Dr. (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 reorganization (annexation, detachment, reorganization, etc.) is/are: Annex parcel and a portion of N. Stelling Road. 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 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 reorganize tion. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance witli the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: Signatures of Petitioners (Please print CHIEF PETITIONERS (not to exceed three) Street Address name below) C' /State/Zip S7S 7-A RR y. L Al, O ,!Ve ©rr CAA4- Arc VAI, iE 7A'ksrAaE OejAeD4 C,4 , 5 ys 6 3 Date: -/Phone: (Sjo) r�773 Assessor's Parcel No.* or Dare: Phone- Date: Phone: ( ) Election Precinct No.** * For proposals involving uninhabited te1'17itorV or for landowner -initiated proposals. ** For proposals involving inhabited territory or for resident -voter initiated proposals. X' X/ 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 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 reorganizatiol 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 dame below) City/State/Zip Assessor's Parcel No.* or kZ4/ ?=2 G Date: ��� >� Phone: (3�) 6 �� - P709 C'a�u� �hh� �c�. he C-F►wsf�� Date: J X0 C/'� Phone: Vo�- �1SZ ��jQvs�EG_� sTT �oa� X06 c�fi��w�rT£a2 �✓� Date: SN So 175?e Phone: (6q) �9/ -_ 83 , ofo i�iliy� C C. l�3GSf5� Election Precinct No.** * For proposals involving uninhabited territory or for landowner -initiated proposals. ** For proposals involving inhabited territory or for resident -voter initiated proposals. Cupertino: Annexation Petition -2- T 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 owners) 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 reorpzanizat.ion . 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: Signatures of Petitioners (Please print name below) CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip Date Phone: Vog) 122-- 63 18 zs 9 !�i st- wes t Date: �b, (o , 1 qg $ Phone: (W-.5) SX7 - 15/i d Assessor's Election Parcel No.* or Precinct No.** * For proposals involving uninhabited territory or for landowner -initiated proposals. * * For proposals involving inhabited territory or :for resident -voter initiated proposals. 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 The person(s) signing this petition has/have signed as (check one): X owners) 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 aux signature(s) as follows: Signatures of Petitioners (Please print name below) CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip 114 -,4R eo vA 1.1; /Y'l�'SA u Lre Se C4. 9�� Date: Phone: (yob) �6F- y fe 3 Assessor's Election Parcel No. * or Precinct No. * * ,. OJEp/Y &y.T'e•S/)-/v Of& V. �S nDat�)e: ,/ Phone: (el.,� 4:12 ( v,eC 'f/1/,0/Res Z167/ f,J ,v 3 -as C- CS CARO s. Date: Phone: * For proposals involving uninhabited territory or for landowner -initiated proposals. ** For proposals involving inhabited territory or for resident -voter initiated proposals. 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 owners) 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 Goverimaent Code and herewith affix signature(s) as follows: Signatures of Petitioners (Please print CHIEF PETITIONERS (not to exceed three) Street Address Assessor's Ci /St to/Zi Parcel No.* or 3l097r/�"LE uraoo G,r1N� :" Bel ulyclywuy', I,UR-- &ate Phone: (3.10) ljo - o7,yg Election Precinct No.** 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 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3354 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: N. STELLING RD. 98-03 Annexation to CITY OF CUPERTINO (City or Spec. District) Detacluuent from SANTA CLARA COUNTY LIGHTING ASSESSMENT DISTRICT ENVIRONMENTAL STATUS OF PROPOSAL XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project, (Name of City/District) has already Prezoned the territory on April 20, 1998 ( 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- CHARACTERISTICS OF THE AREA 1. Number of acres 0.754 2. Number of inhabitants 0 3. Number of registered voters 0 4. Number of dwelling units 0 5. a. What is the present use of the area (be brief, but specific): Retail 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 -B 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. Convert existing building to a day care center as soon as possible. 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? 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 X If YES, describe service (s) or improvement(s) and the average cost per resident/landowner of the district. Service/improvement: Cost: $ /yr. for _yrs /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 Fremont Union High School District Foothill Community College District Cupertino Sanitary District Mid -Peninsula Open Space District County Lighting Service Assessment 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 Petition Kovalik et. al. See petition signature pages. 326-30-091 $38,718 *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): Name (1) (2) (3) Street Address City/State/Zip 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. 10300 TORRE AVENUE this CUPERTINO, CA 95014 f (D te) NOT It is a general LAFCO filing requirement that a copy of this application be filed with each s hool 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: Z-4�r'- 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 CITY OF CUPERTINO 10300 Torre Avenue Department of Community Development Cupertino, Ca 9501 4 408-777-3308 PROJECT DESCRIPTION: Project Title D a- C0..r2 Project Location 1 0 . S73e///';I Project Description— o n ri � Environme al Setting —o--p(u— �I c��Y1Jl M Staff Use Only EA File No. Case File No. Attachments CoPER%7 PJ- ly S Cat Q) Qua.a�- �blbux_), PROJECT DESCRIPTION: 1 .3F 63ztl S.?- 3663 s� f >t�SamP Site Area (ac.) Building Coverage /Z °'o Exist. BuildinQ_s.£ Proposed Bldg. s.f. Zone Cao pi-_ G.P. Designation Q -es- La, .) Assessor's Parcel No. �rapJc BQ �s•..5 l-5 If Residentia'Y, Units/Gross Acre Total# Rental/Own Bdrms Total s.L Price Unit Type rr Unit Type #2 Unit Type #3 Unit Type u4 n Unit Type #5 Applicable Special Area Plans: (Check) 0 Monta Vista Design Guidelines F--� S. De Anza Conceptual 0 N. De Anza Conceptual F-7 S. Sara -Sunny Conceptual 7_7 Stevens Crk Blvd. Conceptual F__� Stevens Creek Blvd. SW & L'scape 3 6163 V-1yj If Non -Residential, Building Area s. r. FAR_/7'vlax. Employees/Shift Parking Required /J� Parking Provided i Project Site is Within Cupertino UrbanTService ;area YESX NO INITIAL STUDY SOURCE LIST A) GENERAL PLAN SOURCES D) OUTSIDE AGENCIES rt 1) Cupertino General Plan, Land Use Element 23) County Planning Department 2) Cupertino General Plan, Public Safety Element 24) Adjacent City's Planning Department 3) Cupertino General Plan, Housing Element 25) County Departmental of Environmental I Iealth 4) Cupertino General Plan, Transportation Element 26) Midpeninsula Regional Open Space District 5) Cupertino General Plan, Environmental Resources 27) County Parks and Recreation Department 6) Cupertino General Plan, Appendix A- Hillside Development 28) Cupertino Sanitary District 7) Cupertino General Plan, Land Use Map 29) Fremont Union I ligh School District 8) Noise Element Amendment 30) Cupertino High School 9) City Ridgeline Policy 31) Pacific Gas and Electric 10) Cupertino General Plan Constraint Maps 32) Central Fire District 33) County Sheriff 34) CALTRANS B) CUPERTINO SOURCE DOCUMENTS 35) County Transportation Agency 11) Tree Preservation ordinance 778 36) Santa Clara Vallev Water District 12) City Aerial Photography Maps 13) "Cupertino Chronicle' (California History Center, 1976) 14) Geological Report (site specific) E) OUTSIDE AGENCI' DOCUMENTS 15) Parking Ordinances 1277 37) BAAQMD Survey of Contaminant Excesses 16) Zoning Map 38) FEMA Flood daps/SCVWD Flood Maps 17) Zoning Code/Specific Plan Documents 39) USDA, "Soils of Santa Clara County" 18) City Noise Ordinance 40) County Hazardous Waste Management Plan 41) County Heritage Resources Inventory C) CITY AGENCIES 42) Santa Clara Vallev Water District Fuel 19) Cupertino Community Development Dept. Leak Site 20) Cupertino Public Works Dept. 43) CalEPA Hazardous Waste and Substances 21 C P ks & Recreation De artment Site List ) upe tno ar p 22) Cupertino Water Utility F) OTHER SOURCES 44) Project Plan Set/ Application Materials 45) Field Reconnaissance 46) Experience with Project of similar s scope/characteristics 47) ABAG Projections Series INSTRUCTIONS 1) Complete all information requested on 4) When explaining any yes response, label the Initial Study Cover page. LEAVE your answer clearly (Example "N - 3 BLANK SPACES ONLY WHEN A Historical") Please try to respond concisely, SPECIFIC ITEM IS NOT and place as many explanatory responses as APPLICABLE. possible on each page. 2) Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A throu,h O. You are encouraged to cite other relevant sources, if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. 3) I f you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitivation if needed. 5) Upon completing the checklist, sign and date the Preparer's Affidavit. 6) Please attach the following materials before submitting the Initial Study to the C ity. - Project Plan Set of Legislative Document (1) copy - Location map with site clearly marked (when applicable) INIPACT YES Not Significant Significant Cumulative WILL THE PROJECT... SOURCE Significant (Mitigation (No NO Proposed) llylitization Proposed) \) LAND USE GENERAL PLAN 1) Require a chanum from the land use© ❑ ❑ ❑ F-1 1,7,8 designation for the subject site in the General Plan'? 2) Require a change of zoning?El I FX F-10 El 16.18 3) Require a change of an adopted 11 specific plan or other adopted policy El El 0 El ❑ 17, 18 statement" 4) Result in substantial change in the ® El ❑ El El % I land use of the site or that of ldjoining properties? 5) Disrupt or divide the physical ❑ F-1El ❑ configuration of an established %• 11-12.41 neighborhood? B) GEOLOGIC/SEISMIC HAZARD 1) Be located in area which has ® El F-1 El F-1'- ologic hazard?d. potential for major geologic 1 q 2) Be located on or adjacent to a ® known earthquake fault. 14 3) Be located in a Geologic Study ® El 1:1 1:1 D Zone? 2 4) Be located in an area of soil instability (subsidence, landslide, tLi El El F shrinkiswell, soil creep or severe 2.5.10 erosions)? 5) Cause substantial erosion or ® El ❑ ❑ satuation of a watercourse. -' 10 6) Cause substantial disruption. El El ❑ Ellisplacement- compaction or 2.14.39 overcovering of soil either on-site or off- site 7) Cause substantial change in topography or in a ground surface feature? 10,39 8) Involve construction of a building, road or septic system on a slope of 104'0 ® El D El 6. 12,39F or greater? C) RESOURCES/ PARKS 1) Increase the existing removal rate, or ® ❑ ❑ ❑ ❑ 3,10 result in the removal of a natural resource for commercial purposes (including items such as rock, sand, gravel. trees, minerals or top -soil)? 2) Result in the substantial depletion of n El F-1 D any non-renewable natural resource" 3) Convert prime agricultural land ® u F-1 1-1 F-1 El 5•39 (Class I or 11 soils) to nun -agricultural use or impair the agricultural productivity of nearby prime agricultural land El 1:1 ❑ 1:1•i) Involve lands currently protected `•''-3 under the Williamson Act or any Open Space easement:' WILL THE PROJECT... NO Not Sign 5) Substantially affect any existing rqi agricultural uses'? IJ 6) Be located on. within or near a Fj public or private recreation facility, park, r �� wildlife preserve, public trail either in Nlitigation existence already or planned for future 19, 20, 40 implementation'? ❑ D) SEWAGEAVATER QUALITY ❑ 1) Result in a septic field being ❑ constructed on soil with severe drainfield ❑ performance limitations? 7,23 2) Result in a septic field being ❑ located within 50 feet of a drainage Swale ❑ or within 100 feet of any well, water course or water body'? 3) Result in extension of a sewer main line with capacity to serve new development'? 4)Substantially degrade surface or groundwater quality, or the public water supply, including but not limited to typical stormwater polluntants (e.g. sediment from construction, hydrocarbons and metals from vehicle use, nutrients and pesticides from landscaping maintenance, metals and acidity from mining operations)? 5)Be located in an area of water supply concern (such as low fire flows)? 6)Change in the quality of ground a waters through infiltration of reclaimed water or storm water runoff that has contacted pollutants from urban, industrial or agricultural activities? 7)Require a NPDES permit for construction [Does it disturb five (5) Lnsi acres or more?]? E) DRAINAGE/ FLOODING 1) Interfere substantially with ground water recharge? 2) Substantially change the direction, rate or flow or quantity of ground - waters, or wetlands either through direct additions or withdrawals, or excavations? 3)Change the absorption rates, drainage patterns or the rate/amount of surface runoff or wetland? 4) Involve a natural drainage channel or streambed or water course such as to alter the locations, course or flow of its waters? 5) Be located in a floodway or floodplain area'? F) FLORA AND FAUNA 1) Significantly affect fish, wildlife, reptiles or plant life by changing the diversity or numbers ofexisting species. or by introducing new species, or by restricting migration or movement? 2) Substantially reduce the habitat arca for fish. animals or plants! tAj ❑ Significant Significant Cumulative SOURCE licant (Mitigation (No ❑ 36.39,42 ❑ Proposed) Nlitigation ❑ 19, 20, 40 ❑ ❑ Proposed) ❑ 20,36,37 ❑ ❑ ❑ ❑ 7,23 ❑ ❑ ❑ ❑ 5, 10, 12, 21,36 ❑ ❑ ❑ ❑ 6, 9 ❑ ❑ ❑ ❑ 36.39,42 ❑ ❑ ❑ ❑ 19, 20, 40 ❑ ❑ ❑ ❑ 20,36,37 ❑ ❑ ❑ ❑ 22 ❑ ❑ ❑ ❑ 42 El El El0 ❑ ❑ ❑ ❑ `0.36 ❑ ❑ ❑ ❑ 20.36,42 ❑ ❑ ❑ ❑ 20.36 ❑ ❑ ❑ ❑ -6.422 ❑ ❑ ❑ ❑ 3.i ❑ ❑ ❑ ❑ ■ WILL THE PROJECT... YES SOURCE Not Significant Significant Cumulative Si_eniticant (Mitigation (No NO Proposed) Mitigation Proposed) 3) Change the existing habitat food ❑ El El I U source or nesting place for a rare or endangered species or plant or animal? 4) Involve cutting, removal of specimen scale trees, whether indigenous ® El❑ ❑ El 11.12.41 to the site or introduced? G) TRANSPORTATION 1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street E]❑ ❑ ❑ 70'' system? 2) Cause any public or private street }70 intersection to function below Level or © El ❑ ❑ ❑ Service D? 3) Increase traffic hazards to pedestrians, bicyclists and vehicles? ❑ ❑ F-1 F-170•' d) Adversely affect access to commercial establishments, public buildings, schools, parks or other F\—/l❑ r-1❑ ❑ 1' 10 pedestrian oriented activity areas? 5) Cause a reduction in public ® F-1 E-1 F-1❑ - � transportation service at or near the project site? 6) Increase demand upon existing F\—/l F-1 �1 F'I L El 15,16 parking facilities, or engender demand for new parking space? 'n Inhibit use of alternative modes of El❑ ❑ ❑ o' 19''d''o transportation to private automobile Z usage? H) HOUSING I) Reduce the supply of affordable in the community, or result in the � ❑ ❑ El 1:1housing '' 16 displacement of persons from their present home'? 3.16 2) Increase the cost of housing in the ® ❑ ❑ ❑ ❑ area, or substantially change the variety of housing types found in the community? 3) Create a substantial demand for new ❑ ❑ ❑ u ❑ 3, 16.47 housing? I) HEALTH AND SAFETY ❑ ❑ ❑ 32.40,42,43 t) Involve the application, use. disposal or manufacture of potentially hazardous materials'? ❑ ❑ ❑ F-132.43 2) Involve risk of explosion or other forms of uncontrolled release of hazardous substances? FT ❑ ❑ ❑ 33,42,43 3) Involve the removal or continued 411-1 ❑ use of anv existing, or installation of any new underground chemical or fuel storage tank'? ® ❑ ❑ ❑1:17 32 4) Be located in an area of seasonal lire danger'? 5) Employ technology which could ❑ ❑ ❑ ❑ 40,43 adversely affect public safety in the event of a breakdown? WILL THE PROJECT... NO Not Significant Significant (Mitigation Proposed) Significant Cumulative (No Mitigation Proposed) SOURCE 6) Provide breeding grounds for® ❑ El❑ Elmosquitos or other disease vectors. .I) AIR QUALITY 1) Create objectionable odors? F-1 F 411.4' '_) Violate any ambient air quat" standards, contribute substantially to antonli F7 ❑ ❑ ❑ existing or projected air quality violation, or expose sensitive receptors to substantial concentrations of pollutants'? K) NOISE I) Increase substantialiv the ambient ❑ ❑ 8,18 noise environment of the project vicinity during construction of the project'? 2) Result in sustained increase in ambient noise levels in the project ❑ ❑ 8.18 vicinity followin_e construction of the project 3) Result in sustained noise levels © ❑ ❑ F-1 El SAS beyond the thresholds of sound energy and duration limits contained in the Citv's Noise Ordinance? L) .AESTHETICS 1) Beat variance with applicable design guidelines? El 1:1F El17 2) Create an aesthetically offensiveEl 1:1 ❑ ❑ I'I site open to public view? 3) Visually intrude upon an area of ❑ ❑ ❑ ❑ 9 natural scenic qualities'? a) Obstruct view of a scenic ridgeline ® El 9 visible from the valley floor? 5) Obstruct views of the city's adjacent ❑ E ❑ hillsides from residential areas or public 10. _I. _ F. ql lands? 6) Adversely affect the architectural ❑ El F1 11character of an establish neighborhood or 1 17 19 business district'? 7) Produce Aare from artificial ® lighting sources upon adjacent properties 1.16 or public roadways? M) ENERGY I ) Involve the use of unusually large quantities of fossil fuels or non- tLl renewable energy sources° 2) Remove vegetation providing® El ❑ ❑ 1:1summer 11.19 shade or wind -breaks to an existing or proposed building? 3) Significandv reduce solar access to ❑ ❑ ❑ ❑ 11.19 an adjacent building, public recreation space or private yard'? N) HISTORICAL/' ARCHAEOLOGICAL I) Be located in an area of potential® ❑ F-1 ❑ ❑ IU, -h archaeological or paleontological resources? I7 WILL THE PROJECT... ❑ Not Sianificant Signitican Cumulative SOURCE ❑ 2) Induce substantial growth. or alter Significant (Mitigation (No the human population of an area? ❑ 3) Cause substantial impact upon, or NO increase the need for: Proposed) litigation ❑ b) Police Services? ❑ c) Public Schools'? 33 d) Parks/Recreation Facilities'? Proposed) e) Maintenance of Public Facilities? ❑ 2) Affect adversely a property of historic F ❑ El F-1❑ 1. 1 1j.41 or cultural significance to the community. ❑ following categories: -�, 17. 19.'_1 except as part of a scientific study'? ❑ b) Natural Gas? fslr /® O) PUBLIC SERVICES AND ❑ UTILITIES ❑ 1) Produce solid waste in substantial 40 quantities'? ❑ 2) Induce substantial growth. or alter ❑ the location. distribution, or density of 1.46.47 the human population of an area? ❑ 3) Cause substantial impact upon, or ❑ increase the need for: 19.3' a) Fire Protection Services' ❑ b) Police Services? ❑ c) Public Schools'? 33 d) Parks/Recreation Facilities'? ❑ e) Maintenance of Public Facilities? ❑ f) Other Govemmental Services? 29.30 d) Cause substantial impact upon ❑ existing utilities or infrastructure in the ❑ following categories: -�, 17. 19.'_1 a) Electricity? ❑ b) Natural Gas? fslr /® c) Nater'? 19 20.21 d) Sewage treatment and disposal'? ❑ e) Storm water management'? ❑ 5) Generate demand for use of any 19 public facility which causes that facility ❑ m rerich or exceed its caoacity" ❑ ❑ ❑ ❑ ❑ 40 ❑ ❑ ❑ ❑ 1.46.47 ❑ ❑ ❑ ❑ 19.3' ❑ ❑ ❑ ❑ 33 ❑ ❑ ❑ ❑ 29.30 ❑ ❑ ❑ ❑ -�, 17. 19.'_1 ❑ ❑ ❑ ❑ 19 20.21 ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ 31 ❑ ❑ ❑ ❑ 31 ❑ ❑ ❑ ❑ 22 ❑ ❑ ❑ ❑ 20.23 ❑ ❑ ❑ ❑ 36.38 ❑ ❑ ❑ ❑ 1920.22.23.31 MANDATORY FINDINGS OF SIGNIFICANCE (To Be Completed by City Staff) WILL THE PROJECT... YES NO Have the potential to substantially degrade the quality of the environment, to substantially diminish the habitat of a fish or wildlife species: to cause a Fish u or wildlife population to drop below self -sustainable levels: to threaten or eliminate a plant or animal community; to reduce the number of or restrict the range of a rare or endangered plant or animal; to eliminate important examples of the major periods of California's history or prehistory? 2. Have the potential to achieve short term environmental goals to the C disadvantage of long term environmental goals?. 3. Have environmental impacts which are individually limited, but are C cumulatively considerable? ("Cumulatively considerable: means that the incremental effects of an individual project are substantive when viewed in conjunction with the effects of past projects, other current projects, and probable future projects) 4. Have environmental effects which will cause substantial adverse impacts C on human beings, either directly or indirectly? PREPARER'S AFFIDAVIT I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence 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 acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signature Print Preparer's Name S, C I o A/ ENVIRONMENTAL EVALUATION (To be Completed by City Staff) IMPACT AREAS: ❑ Land Use/General Plan ❑ Geologic/Seismic Hazard ❑ Resources/Parks ❑ Housing; Feb, 6. 1998 7:34PM UNITED INDEP, —GAP. DIV. PASADENA No, 6225 P. 2/10 jEscrow Branch' NCIAIL 701 Miller Street ­�INASan Jose, CA 95110 TITLE C O M P A N Y (408) 288-7800 Fax (408) 294-0851 F.crow Officer. GenelWfagi/eip PRELIMINARY REPORT ORDER NO. 00131458 -012 -GR Title & Administrative Services: 701 Miller Street, San Jose, CA 95110 (408) 288-7800 Fax (408) 286-6450 Ref. No: Lav Office Hopkins and Carley Property Address: 10 Almaden 8th Floor 10352 North Stelling Road San Jose, CA 95113 Cupertino, CA Attn.: Radall Toch/Susan Crane APN: 326-30-091 ARB: 326-30-91 In responsc to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the datc hercof, 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 swraincd by reason of any detect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant in the printed Schedulcs, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurscc, a Binder or Commitment should be rcyuested. The form of pnlicy of title insurance contemplated by this report is: CLTA Owncr's. ALTA Lcndcr'S Dated as of January 20, 1998 at 7:30 am - The m-"[ he .state or interest in the land hereinafter described or referred to covered by this Report is- ,� rf•:r. l'itic to said .statc or intcrest at the date hcrcof is vcstcd in: Lxb1bit B Attached Hereto and Made a Part Hereof The land referred to in this Report is situated in and State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pa^_e.�. RECEIVED TIME FEB. 6. 7:41PN PRINT TIME FEB. 9. 8:28AN P e b. b. I Y Y 6 '/: WM UNITED I NDR -GAP. R PASADENA No. 6225 P. 3/10 Exhibit B Mary Kovalik, as trustee of the J. Kovalik Family Trust dated October 3, 1979, as to an undivided 27% interest; Joseph W. Kovalik and Nancy R_ Kovalik, as trustees of the J. W. Kovalik Family Trust dated October 3, 1979, as to an undivided. 17.86% interest; Carl S. Kovalik as Trustee of the Joseph W. Kovalik and Nancy R. Kovalik 1987 Irrevocable Trust, as to an undivided 6.64% interest; Carl S. Kovalik, as trustee of the C. Kovalik Family Trust dated October 3, 1979, as to an undivided 21.179% interest; Marshall David Kovalik, as Trustee of the Marshall Kovalik 1991 Living Trust, as to an undivided 1.107% interest; Scott Carl Kovalik, as Trustee of the Scott Kovalik 1991 Living Trust, as to an undivided 1.107% interest; Nancy Susan Syth, as Trustee of the Syth 1991 Living Trust, as to an undivided L 107% interest; John A. Loban and Mary Anne Loban, trustees of the Loban Family Trust dated October 3, 1979, as to an undivided 7.36% interest; Joseph W. Kovalik, as Trustee of the John A. Ioban and Maryanne Loban 1987 Irrevocable Trust, as to an undivided 6.64% interest and Mary Anne Loban, Joseph W. Kovalik and Carl S_ Kovalik, trustees of the Loban-Kovalik Irrevocable Trust dated June 1. 1969, as to an undivided 10% interest RECEIVED TIME FEB. 6. 7:41PM PRINT TIME FEB. 9. 8:28RM Feb, b. 199d 7:34PIvi UNITED INDEP, —GAP, DIV, PASADENA I- TAXES for the fiscal year 1998-99, alien not yet due or payable. No, 6225 P. 4/10 Page No. 2 File No. 00131458 -012 -GR The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. Covenants, Conditions and Restrictions in a 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 and 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_ Recorded: September 8, 1950 in Book 2101, Page 637, Official Records. Said covenants, conditions and restrictions have been modified by an instrument, Recorded: November 22, 1950 in Book 2101, Page 146, Official Records. Reference to the records is hereby made for further particulars. 4_ Terms and conditions contained in that certain Trust Agreement disclosed by the deed to Mary Kovalik, as trustee of the J. Kovalik Family Trust dated October 3, 1979, as to an undivided 27% interest; Joseph W. Kovalik and Nancy R. Kovalik, as trustees of the J. W. Kovalik Family Trust dated October 3, 1979, as to an undivided 17.86% interest; Carl S. Kovalik as Trustee of the Joseph W. Kovalik and Nancy R. Kovalik 1987 Irrevocable Trust, as to an undivided 6.64% interest; Carl S. Kovalik, as trustee of the C. Kovalik Family Trust dated October 3, 1979, as to an undivided 21.179% interest; Marshall David Kovalik, as Trustee of the Marshall Kovalik 1991 Living Trust, as to an undivided 1.107% interest; -Scott Carl Kovalik, as Trustee of the Scott Kovalik 1991 Living Trust, as to an undivided 1.1"07% interest, -Nancy Susan Syth, as Trustee of the Syth 1991 Living Trust, as to an undivided 1.107% interest; John A_ Loban and Mary Anne Loban, trustees of the Loban Family Trust dated October 3, 1979, as to an undivided 7.36% interest, Joseph W. Kovalik, as Trustee of the John A. Loban and Maryanne Loban 1987 Irrevocable Trust, as to an undivided 6.64% interest and Mary Anne Loban, Joseph W. Kovalik and Carl S. Kovalik, trustees of the Loban-Kovalik Irrevocable Trust dated June 1, 1969, as to an undivided 10% interest and the requirement that a true copy of the trust agreement and any amendments or supplements thereto, be submitted for examination. 5_ Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 6. Any facts, rights, interests or claims which a correct survey would show. RECEIVED TIME FEB. 6, 7:41PN PRINT TIME FEB. 9. 8'.28RM r e b, b. 1 Y Y 8 'l: J4rM UN 1'1'l U 1NDEF, -1,Af, 01 V, fAJAftNA No, b22b P. 5/10 Page No. 3 File No. 00131458 -012 -GR NOTES: ' a. Date last insured: None Shown b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. C. if this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. TAXES for the fiscal year 1997-98, a lien. shown as follows: 1 st Installment $514.99 Paid 2nd Installment $514.99 Paid Assessor's Parcel No_ 326-30-091 Code Area 63-052 Land $38,718.00 IMP $28,646.00 PP NONE Exemp NONE f. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. RECEIVED TIME FEB. 6. 7:41PM PRINT TIME FEB. 6, 7:45PN 1 e o, b, 1 y y d I : JbS M UN 1'1'ED 1NDEP, —GAP, D1 V. PASADENA No, 6225 F. 6/10 Page No_ 4 File No_ 00131458 -012 -GR SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Portion of Lot 101, 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 Califomia, on September 6, 1950 in Book 30 of Maps, at pages 30, 31, 32 and 33, and more particularly described as follows: Beginning at an iron pipe on the Easterly line of Stelling Road distant thereon South 150.00 feet from the Westerly common corner for Lots 100 and 101, as said Road and Lots are shown upon the Map above referred to; running thence South along the said Easterly line of Stelling Road 171.24 feet to the Westerly common corner for Lots 101 and 102 of said "Tract No. 783"; running thence East along the dividing line between said Lots 101 and 102 for a distance of 125.00 feet to an iron pipe at the Northerly common corner for Lots 102 and 109 in said "Tract No. 783"; running thence North and parallel with the said Easterly line o f Stelling Road 171.24 feet to an iron pipe; running thence West and parallel with the said dividing line between Lots 100 and 101 for a distance of 125.00 feet to the point of beginning and being a portion of the lands shown upon that certain Map entitled, "Record of Survey of Lots 83 and 101 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 February 27, 1951 in Book 29 of maps, at page 48. Excepting from the above described parcel of land all water, water rights, interest or claims whether riparian, appropriated, prescriptive or otherwise appurtenant to said lands or otherwise, as reserved in the Deed from John F. Alves, et ux, to Calor Construction Co., dated August 10, 1950 and recorded August 11, 1950 in Book 2033 of Official Records, page 130. ARB No: 326-30-91 APN No: 326-30-091 RECEIVED TIME FEB. 6. 7:41PM PRINT TIME FEB. 6. 7*45PM Feb, b. IYYd '/:heM UN1`1'ED INDEP, -GAP, DIV, PASADENA D IN GREENIEAF DRIVE No, 6225 , P. 7/10 !. Q E i n „nevi 1--.n-_Y�� of s, I� 3 O I1� � •r�ij A•q m 1 �- 6 � F 6 (wW ° , „ • u 'o,., t DUN6AQ. .ern .ore r°. ^. r«,. ...., 0 VE a. ��� r I , to it A- ��, i /• % 1aa ' AM L I 1 v walp4 Mn' uu I r/1 so/If 1°'a fa/If 1'I ////. 1 I I/y i i fFARCO_ goldof DRI .'le'. fflar•• '4,ff -- ; .� 1 if I;� N 1 i IQ iQ IA1, i o/,i �6Q I a ' � 1 - --I--p-------- r, s r, , I- I� y N 1,j lo, I 1`' ch I� to a Ua 1� ` mg Ig ai I Ig$wL r c Zia IN GREENIEAF DRIVE No, 6225 , P. 7/10 !. Q E i n „nevi 1--.n-_Y�� of s, I� 3 O I1� � •r�ij A•q m 1 �- 6 � F 6 (wW ° , „ • u 'o,., t DUN6AQ. .ern .ore r°. ^. r«,. ...., 0 VE a. ��� r I , to it A- ��, i /• % 1aa ' AM L I 1 v walp4 Mn' uu I r/1 so/If 1°'a fa/If 1'I ////. 1 I I/y i i fFARCO_ goldof DRI .'le'. fflar•• '4,ff -- ; .� 1 if I;� N 1 i IQ iQ IA1, i o/,i �6Q I V �°-i_,lu•-J-!aq Irk! �" a 1 r, s I- I� y N 1,j lo, I 1`' ch I� to a Ua 1� t1 AN F00.D --.1,0 1-•>� --• I� till I� 1(p! 10 ai IQ' IN Ll ' 141 Ol u1 7 1c, 6 I 'n 7 I 1 L AIL T_!!Z gLIN Y ''I!ItWN rNa v a` ,onr DRIVE roul .e1N qr NN . w o rot/! /erlr .N GARDENGAT .f1 r /N ' e �IIt}}017 effl+ r ; S I 1111 ala 'E III Q i6 i 6 t _.T--- ..--•ate •-- w� � IO eMl If 1 ! :..���-.- �sJ 2 i I`m 3 f°yn -11, fwrr r 'fogy p i ELENDA �..r � Nt, DRIVE .w a f fu 14 it I� [' t',I w i u • m l I ^K I r wb 'err. rr.0 ref., rcrr/ 'Jour nr,r rer. ....a T tl 96 $GALL /-• /[O AlV E5 DRIVE ".., ;::: X0 Q TRACT N9 936 e RECEIVED TIME FEB. 6. 7:41PM N o PRINT TIME FEB. 6. 7.45PM Feb,- 6, 1998_ 1.35FM_ UNITED INDEP, -GAY, DIV, PASADENA No, 6225 �P, 8/10 n o K n ; �� 0 1 g 7' � �& i 4 filo Z3. De tA ran Rus Zao o p V. 700 /�� � _"b �` g �� J °+w •_ i sm` ` 7� �^s rs�ma "rl it qn= mDme Ss3, bT oco p Z o3 xo. <n sew s og� o IVED TIME FEB. 6. 7:41PN PRINT TIME . FEB. 6. 7"-44PM Feb, 6. 1998 7:36PM UNITED INDEP, —GAP, DIV, PASADENA No, 6225 F. 9/10 EXHIBIT "Alf LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (Vote- This f,xhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is anticipated. the escrow officer should be contacted to determine the applirulble exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT — FORM I COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or eocumbrattcc resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. ?. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. ;. Ucfects, licn<, encumbra,tccs, adverse claims or other matters: (a) created, sintered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, bur known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured tinder this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvemcnls under construction or completed at date of policy); or (c) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of The insured at date of policy, or the inability or failttrr of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the land is siwatcd. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured raortgagc and is based upon usury or any consumer credit protection or Guth -in -lending law. G. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in pan by proceeds of the indebtedness secured by the insured mortgage which at (late of policy the insured has advanced or is obligated to advance. 7 Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditor; rights laws that is based on (i) the transaction creating the interest of the insured mortgagee bcing deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination ol'tic interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of dtc insured mortgagee being deemed a preferential transfer accept where the preferential transftr results from the failure. (a) to timely record tite instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. RECEIVED TIME FEB. S. 7:41PM PRINT TIME FEB. 6. 7:44PM Feb, 6. 1998 7:36PM UNITED INDEP, —CAP, DIV, PASADENA No, 6225 P. 10/10 EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and -toning laws, ordinances, a er, dimensions or restricting. regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (U). the locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership ori ehangejn tate dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect bf my violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect_ lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in'the`p.ublierecords at date of policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding li•om coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledgc- Defects, liens, encumbrances. adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to ncc Company, not recorded in the public records at date of policy, but known to the'insured Claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subscquernt to date of policy; or (c) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy, 4. tinenforceability of the lien of die mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any ;ubscqucnt owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. i. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6 Any claim. which arises out of the transaction vesting in the Insured the estate or interest insured by this policy or the transaction creating The interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, EXCEPTIONS FROM COVERAGE l . Taxes assessments which are not shown as existing. liens by the records of any taxing authority that levies taxes or assessments on real or property is by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. ?. Any facts. rights, interests or claims which arc not shown by the public records but which could be asc&uined by an inspection of the land or which may be asserted by persons in possession thereof, 3. Fasemeuts, liens or encumbrances, or claims thereof, which arc not shown by the public records. 4 Discrepancies. conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose, and wliich arc not shown by the public records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records. RECEIVED TIME FEB. G. 7:41PN PRINT TIME FEB. G. 7:44PM