Annex 98-12 - 10351 Byrne Ave Resos 99-049 and 99-078Please 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
a c--'.., ' is ""i
ISF�
CERTIFICATE OF COMPLETION
Doc#: 14735799
4/05/1999 8:10 AM
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 description of the boundaries of the change of organization is appended hereto.
The title of this proceeding is: Bryne Avenue 98-12 (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 March 15, 1999.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated: `Z C
Attachments: City Resolution
Legal Description
Map
f
Autumn H. Arias, Executive Director:
Santa Clara County Local Agency
Formation Commission
r
RESOLUTION NO. 99-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 98-12", APPROXIMATELY 0.378
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN
FERNANDO AVENUE AND ALCAZAR AVENUE; CHRIST (APN 357-12-028)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.378 acre on the south side of
Lomita Avenue (APN 357-12-028) has been filed by property owners Charles and
Pamela Christ; and
WHEREAS, on February 16, 1999, the City Council adopted Resolution No. 99-
049 initiating proceedings for annexation of the area designated 'Byrne Avenue 98-12";
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:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated 'Byrne Avenue 98-12", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 99-078 Page 2
a. That said territory is uninhabited and comprises approximately 0.378
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.
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 May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
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.
in. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
Resolution No. 99-078 Page 3
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 15" day of March, 1999, by the following vote:
Vote Members of the Cit Council
AYES: Burnett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
3
( its (A
Cttpertil10
March 23, 1999
Lois Sklar
Deputy Clerk of the Board/LAFCO Clerk
Santa Clara County Local Agency Fon-nation Commission
County Administration Building
70 West Hedding St., 10`h Floor
San Jose, CA 95110
REORGANIZATION - `BYRNE AVENUE 98-12"
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Resolution. 99-078 was adopted on March 15, 1999, for annexation of property to the
City of Cupertino.
I have enclosed the following:
• Statement of Boundary Change (2 copies)
• Certified copies of the resolutions (6 copies)
• Warrants:
• $225 for final filing fees
• $300 for you to forward to the State Board of Equalization for annexation fees
• Map of limiting addresses (2 copies)
• Alphabetical list of streets within the affected area.
• Surveyor's statement
The Assessor's statement has been forwarded directly to you by Sue Stone in the
Assessor's office.
This territory will be taxed with others already in the City.
Sinpr�ly,
Roberta Wolfe
Deputy City Clerk
Printed on Recycled Paper
County of Santa Clara
Environmental Resources Agency
Building Inspection/Land Development Engineering and Surveying
County Government Centex, East Wing
70 West Hedding Street, 7th Floor
San Jose, California 951 10
Bldg. Inspec. (408) 299-2351 Land Devel. 299-2871 FAX 279-8537
February 3, 1999
Kim Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
RECEIVES I
FEB 4 1999
BY:
The attached revised description and map dated January 29, 1999 of territory
proposed for annexation to the City of Cupertino entitled BYRNE AVENUE 98-12 is
in accordance with Government Code Section 56826. The boundaries of said territory
are definite and certain. The proposal is in compliance with the Local Agency
Formation Commission's road annexation policies.
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Nancy Lee
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall Jr., S. Joseph Simitian
County Executive: Richard Wittenberg 6)
EXHIBIT A
BYRNE AVENUE 98-12
All of that certain property situate in Santa Clara County, California described as follows:
BEGINNING at the Northwesterly corner of Lot 3, said point also lying on the Westerly line
of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139,
Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa Clara
County records: thence proceeding along said Westerly line of Byrne Avenue North 118.82
feet to the City Limits of Cupertino as defined by the Annexation titled "San Fernando Ave.
84-1"; thence along said Annexation line East 50.00 feet to a point on the Easterly boundary of
Byrne Avenue; thence leaving said Annexation line and proceeding along the Easterly
boundary of Byrne Avenue South 178.82 feet; thence leaving said Easterly line and proceeding
West 170.00 feet to the Southwesterly corner of the above mentioned Lot 3; thence along the
Westerly line of said lot North 60.00 feet to the Northeasterly corner of said lot; thence along
the Northerly line of said lot East 120.00 feet to the point of BEGINNING.
Containing 0.371 acre more or less and consisting of all of Lot 3 as shown on the above
mentioned Map.
APN 357-12-028
Rev. 1-29-99
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EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
EN TI TLED I _
BYRNE AVE. 98-12 1
40001,P
O _
0-00
-,I 1000* LIMITS OF ANNEXA110
/"SAN FERNANDO AVE.
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SCALE: 1 " =50'
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CALF
PROPOSED ANNEXATION -
0.371 AC (161,41 SQ. FT.)
APN 357-12-028
P�A � EAST
50.0(0000,.0000
C-) LOT 1
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LOT 2
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CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
SEPTEMBER 2, 1998
REVISED
1-29-99
RESOLUTION NO. 99-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 98-12", PROPERTY LOCATED ON THE WEST
SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND
ALCAZAR AVENUE; APPROXIMATELY 0.378 ACRE, CHRIST
(APN 357-12-028)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byrne Avenue 98-12" from property owners, Charles
T. Christ and Pamela Sue Christ; and
WHEREAS, the property, 0.378+ acre on the west side of Byrne Avenue between
San Fernando Avenue and Alcazar Avenue (APN 357-12-028) 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 May 16, 1983, to
City of Cupertino Pre R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Byrne Avenue 98-12" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of March 15, 1999.
Resolution No. 99-049
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16`x' day of February, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Wally Dean
City Cleric Mayor, City of Cupertino
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:
BYRNE AVE. 98-12
Situs Address: 10351 Byrne Avenue
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.378 acres on the west (n/s/e/w)
side of Byrne Avenue (Street/Avenue)
between San Fernando Ave. (Street/Avenue)
and Alcazar Avenue (Street/Avenue)
and (if applicable) annexation
detachment
of the same to/from
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the territory(ies) included
in the proposal, marked Exhibit 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 Byrne Avenue.
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions: N/A
8. The person(s) signing this petition has/have signed as (check one):
X owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) X do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of
Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows:
Signatures
of Petitioners
(Please print
name below)
q
Date: c7/gyp J
I4�d .
Date:/tea-/qf/
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
v35-7
CA
Phone: (1 ),20
/1030 -7? `f,1'iut,-- -+V
Assessor's
Parcel No.* or
Gc�,��rti��cr�e OA 960111
Phone:
Election
Precinct No.**
* For proposals involving uninhabited territory or for landowner -initiated proposals.
* * For proposals involving inhabited territory or for resident -voter initiated proposals.
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted with any petition to the
City for a change of organization (annexation or detachment) or reorganization (multiple
annexations and/or detachments) made pursuant to the Cortese -Knox Local Government
Reorganization Act of 1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: BYRNE AVE. 98-12
Annexation
to CITY OF CUPERTINO
(City or Spec. District)
Detachment from SANTA CLARA COUNTY LIGATING
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 May 16, 1983
( 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 0.378
2. Number of inhabitants 2
3. Number of registered voters 2
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Residential use.
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):
R1-7.5
b. Does the applicant intend to propose a change in this zoning if and when the territory is
annexed to the City? YES NO 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.
Construction of new single family residence 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 armexation/detaclunent/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/detaclunent/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.
See
Petition
Charles T. Christ 10351 Byrne Avenue (408)253-8654
Pamela Sue Christ Cupertino, CA 95014
*See next page
Suppl. Appl. -4-
Parcel No.
357-12-028
Value of Land
$144,264
"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.
BERT VISKOVICII 10300 TORRE AVENUE
(Print ry1ne oAersptto c�omp)eting this CUPERTINO, CA 95014
W )� 1 c7� 0� Zr -C
(Signa ) I (Da
NOT It is a general LAFCO filing requirement that a copy of this application be filed with
each chool 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:
a �
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
** * ** OLD REPUBLIC TITLE COMPANY
'f * 12228 SARATOGA-SUNNYVALE ROAD • SARATOGA, CA • 95070 . (408) 725-8500 Fax: (408) 252-0369
PRELIMINARY REPORT
Issued for the sole use of: Our Order No. 471270 -SR
REFERRAL REALTY Reference
1601 S. DEANZA BLVD., #101
CUPERTINO, California 95014
When Replying Please Contact:
Attention: BARBARA GWOZDZ
Sandy Rose
Buyer: Barbara Gwozdz
Property Address: 10351 Byrne Avenue, Cupertino, California
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit
A attached. Copies of the Policy forms should be read. They are available from the office which issued
this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of July loth 1998 at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of 6 Pages
3157-A (Rev. 1 /1 /95
OLD REPUBLIC TITLE COMPANY
ORDER NO. 471270 -SR
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage - 1990, Owner's Policy; AND an ALTA Loan Policy - 1970 (Rev.
1992) with ALTA Endorsement Form 1 Coverage, OR, an ALTA Loan Policy - 1992 with ALTA
Endorsement Form 1 Coverage. A specific request should be made if another form or
additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
CHARLES T. CHRIST and PAMELA S. CHRIST, as Trustees of The Charles T. Christ and Pamela
S. Christ 1997 Family Trust UTD 12/10/97
Page 2 of 6 Pages
ORT 3157-A1 (Rev 1-1-9
OLD REPUBLIC TITLE COMPANY
ORDER NO. 471270 -SR
The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated area,
State of California, and is described as follows:
Lot 3, "Tract No. 139 Stevens Creek Subdivision Map No. 1 in Section 14, TP,
7S., R. 2 W., M.D.B., Santa Clara County, California", filed May 17, 1940 in the
County of Santa Clara, in Vol. 4of Maps, page 43.
357-12-028
63079
TJP/SO/at
A 357-12-28
6-22-95
Page 3 of 6 Pages
r) PT :I I r,7
. GI L\', nt• Cupon inn
NI:CAT I VE DECI.ARAT I ON -
May 21 , 1984
As provided by the linvirornueuLal Assessment Procedure, adopted by the City
Council of th. City of Cupertino on Mnrch 27, 1973, as amended, the following
descrl6ed project was gra ioted a T,egativc Declar.ition by the City Council of
OIL! City of Cupertino ou Mav21, 1984.
11ro ect Descript inn and 1.ocaLion
Application 4 -EA -84 Applicant: City of Cupertino (Old Munta Vista area)
Location: Generally bounded by Granada Avenue to the
north, Imperial Avenue to the east,
McClellan Road to the south and by the
westerly boundary of the Blackberry
Farm Golf Course to the west.
Discretionary Action Request_: Prezone and rezone
approximately 97 acres within the Old Monta Vista
area to R1-8 (Residential Single-family), h1-7.5
(Residential Single-family), 1' (Planned Development
with a Residential 4.4-12 dwelling units per gross
acre), P.(Planned Development with a Residential
4,4-7.7 dwelling; units per gross acrd), P (Planned
Development with Light Industrial and Residential),
P (Planned Development with Ag:riculLure/ReereaLional),
and BQ (Public Building) zoning districts.
Findings of Decis_ionmaking Body
The City granted ranted a Negativ6� edli dot since+tit
„
with Lhe General Plan .,and has no Ksigni.fit' nC �(n. pn�ten[
s
�i'MI I.
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L7 yy� g{w��s!j•i yJPUAy� 2ti'
i'.9'C.t yS?+ _"rtR".^"ct-r PV IITAe$�f�i to .l$I�f'•'
Plan'n-ing A)irect
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,consistent
This is to certify that the above Negative Declaration was riled
in the office of the City Clerk of the City of Cupertino on May
22, 1984.
eputy City Clerk
Inirial. Stucy..._. .
City of Cupertino
Environmental As-sessment Procedures
E. A. File 'Humber(s)
4-1:1\-84
Aop!icaticn F; i e i`lu=ber(s) 1-7.-34
Dale Pcbru:;r�i 27, 1984
The CalioL l.a E7v:Dcrmencal [tlla!1tj Ac:: OC 19%Q, as amer:Ced, requi=?s pu'o1_c
agencies to evaluate puolic and prirace projects to detz=ine their peterr'a
impact on the environment.
1 TCIiS Worksheet is intended to provide guidance for both you, the applicant, a^.Q
City officials in assessing a proposed project to determine Whether it may or
may not have a impact on the environment.
If , Eased upon the info—ati en provided' belcu, the City maks aBete_:,._nat'_on tzar
your project may have a significant impact on the en•r_=o=ent, you.Wil! be r=_quired
to prepare an Environmental IlnDaCt Report as provided by State lam and the City
of Cuperzino's Envirormental Assessment reauiremaents. �-
Detail ed information regarding the 'erty:Lo=ental assessment procedure is avail-
able from the Director of Plamning and Development.
Part I
l Irerl � alien fie �,e* ccmalefie,-J, by the Appliccnt
Project Type (Pre)Zcni.g TentaCive Nap �I 0 then C
Use Pewit �—Variance F --I
0. a MCIiLa 1s[3 A rcm:i galiernlly uuunuec Dy ran..ea venue to the nor[n, taper#a_
Locaticn Avenue to Che east, McClellan Road Lo the st.th and by the Westerly boundary oc
the Ltlr,ccuerry i:1L111 U011: I,oUCSC eo CIIe Wes[.
Applicant City of: Cupertino
Address a" AppLicrnt 10300 'rorrc Avemle, Cupert: ine, CA 95014 Phone
(408) 252-4-505
Gznera� Desc__pc_c,, o_' project Pre�elie incl re -one tfie above areas to venin;;
diStr C 5 COnSiSt?'.lC 'd{Cil tile GenThe 'C s{Ce Cnntnins a�PrnslmaC=1'J
Q7 icrc
Description
of
Project
(caned.)
i
I
(
I
Soeci`ic Detsils of the Pro�ec_
1. SZ CC Site —',,I /A
3, ne^sic7 of Development
(a) - ras=Qezt=ai
(1) Nt�ber of un_cs per grass acra
(?) Residential Unit Scaedu_? e:
Ur._t type it
Un t tpp e #2
Unit type 93
Unit type 04
Unit tape d3
ac.-ner–
Re_^.ta' sh{p
No. of I Sizet=�
Bedrocros Sa.Et•
I a:acTota?
Sales Pr -^e Nu. ;-er
• I�
i
I
(
I
I
I
I I
I I
1U^� T
(3) Pe--centage in area of buLldi:g =—,rerage
Percentage in area of recreational open space
(4) Par'.t•'ng required Par'.cin3 proposed
(b) I= coerc_al, ar i^.scicucicnal:
(1) Build_ag square fcotage
Percentage cf bu,'i d'_ng cc,ierage cf site
(3) Esti--,a,._ o= mu:_W.I-- number of employe_s per shift
(4) Par!c'_zg requ'_:ed ParIC -:g r-cnas2d
Cues=ions Related to Potential I�aact oC Preiect
A. Social/Cultural Impacts:
(1) Will the prcpcsed prosect result in the d_s-
placement of people?
(_) W'1l the prcjec- aL te- the employment base
Of the ccm:aun-t-7?
(3) Wi11 the project alc_r the housing needs
a=the c.,^� un'
(4) Does the propcsed project affect a h:istcr_c31
or arc haelasit=.
B. Physical Impacts:
(1) Will the projec: result in a change of a natural
body of Gate=, vegscat_Je cover, or land form?
(Z) Wil 1 the project result is a charge i_z a sce.^.'_c
view or vista, f ---m e_c.; st=.g resi--d encial area
or publ=c lands or roads?
(3) Wi1-I the project change the development pate —,
scale or cnaiaczar of general aipa of project?
(4) Wil—the construction and/or operation of the
project result is sign-I.-ficant amaunt of solid
Caste, litter, dust, ash, smoke, fuses or
odors in the vicinity?
(3)Wig? the project result in a charge in stre—
or ground �:ater quality or quar.ti ;r or alta_a-
ti on of e=:is c=ng d=a-mage pat= -==z?
(6) Will the project substantially change ee-s :Lng
noise or vibration leve?s Ln the vicinit7?
(i) Is the project site on filled land or on
slope of 107. or v=aster?
(3) Does the project involve the use or disposal
of potent'_a' i,r hazardous materials sur -"I as
t�::.ic subscancas, flar-:able or e_:plosive7
(�) Is the project a phase of an e= T: or
_�t�re 1ur5e^ pr-zject or series of projects?
-3-
Yes Mavbe No
K
K
X ('Not= 1)
(pcge 4)
X
v
j X
X
X
x
X
Description of Ghe Environmental Sectinz
Provide the following inforr,acicn on a separate attachment:
(1) .Describe the p'rojec't site as it e ists before. the proiec'
including inf==,ac,on on topography, so -4-1 stability, plants
and animals, and any cultural, h=s CC r =c i or scH:11C aSPect5 .
Describe any e::isting struccuras on the site, and the use of
structuras. A plot plan may, be requ_red for the descr;pt_cr.
(_; Desc-_oe the s :_ou^.c=-•3 P=oper�_es, _ c?ddi :g { ,_`o_...a-_cn cr .
plants and an;mals and any Cult.ral, histcriCal or sC_.,-z
aspec_Z. Indicaca the type of lend use (resident_al, comner-
C;al, et C.) , �'itans=�I of land use (ane—fami.17, apo"=e:C
houses, shops, department stores, ecc.), and scale of devel-
opment (he4ght, frcntage, sec -back, rear yard, ecc.).
CE- :CAT10N I hereby certif7 that the scatemeats fu^_saed
".wove and in the attached �=hibits present the data and { ;_e
r-
Macion required for this irLt_a1 evad_uat_on to the best of ry
ability, and that the facts, statements, and i-mf0t—mation pre—
sented aro true and ==z e_t to the best of
rm,r I=C' ledge and
belDate
ie=.
(Signatura)
Par
(1) The nr.nject site is comprised of e::isting urban deve]niiment including n
acre gv1C coarse ant! picnic ground rucruation complex. The entire arec
Has general Historic value. A Cow structures = have greater Historir..i
vntue ns separate entjCLos. The rcrr.cntinn complex is Incoteu in L11c
100 -yeti: event Clood plan Cnr Stevans Creek.
(2) The praject area is bordered by the Old Mcntn Vista Crnnmerciat District
to the north, by the West Valley Industrinl Pnrk to the en -St and by
single-Cnmily residential neighbor.hnods to the south and west.
Fart I
Informarion to be completed by City Of Mziais
n. Pr_mar-7 General Plan Considerations:
{ems u" -r0
(1)
Is the project in violation or the City of
Cupert=no's adopted Genera' Plan?
1
(2)
Will the pr ject burden public ut'_?i__es and
se: -:ices?
(a) Fire and pclica
(b) Par'.ts and recreation system
;{
(c) Schools
x
(d) Water 57Ste^1
X
(e) Se•.:er syste=
X
(f) Storm system
X
(g) Sold vast=
x
(3)
Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County Local Agenc7 Format_on Cc=a--ss-om?
X
B. So cia.1/ Cultural Impacts:
(i)
WL -11 the proposed project result in the dis-
placement of people?
X
(2)
Will the project alter the e7p107„ent base
of the comvumitj?
(3)
W411 the project alter the housLig needs
of the co=unity?
:{
(4)
Does the proposed project aides= a histori-
c� or a_=hae1og{caL s_te?
:{
(`)
Wiii the proposed project e iminata a..
e Jting rac_aacional use at the project s't_-
'{
(6)
Does the proposed prosect decrease public
access co any public body of sate_ or r__rea-
C_onal are:?
{
(7)
W4-1 the proposed proiecc a'_ter the location,
dist-ibution, densit7 or 9':'c Ch rate CE the
humnan population of an area?
.(8)
WT?1
the project result in:
(a)
T'ne disturbance of a natural 0-6 man-:Wade
Feature in the prciecz area _h_ch is unique?
(b)
The obstruct'icn of a .seen'-c vista open tz
the public?'
C. Physical
I^caccs:
(1)
Wiil
the proposed project result in the e:cpcsure
of people
or property to geologic hazards such
as ea_chcuakas,
landslides, mucs'--ices, groc::c
"
failure
or s r haza_a?
(Z)
Will! l
t:-ie proposed pr^ jazz resulc i_^ .
(a)
Unstable earth ccncicicns or changes Li
geologic subszr'uctures?
(b)
ID�-ruptions, displacements, cnmpaczicn or
overcovering of -the sc4l?
(c)
Change iz topography or gourd sziracs
ra-Liaf features^
(d)
The destrict=on, covering or :rindif_ca-
tion o= any unique gec?ogic or physical
f eature?
(e)
Any i*icrease in v nd or Eater erosion of
sail, either an or o=f the site?
(3)
Will the proposed prajecz result in:
(a)
Substar.c_ai air emissions or deterioration
of arbienc air quality?
(b)
T"ne creation of objectionable odors?
(c)
All czzation of air movement, moisture
or temperature, or any change in climate,
e=ther locally or regicnalll?
(4)
r,,;{tl the proposed projec: result in:
(a)
Changs is abscrpciou races, drainage
patters or the rate and amcunt of sur:ace
-ute- runot-.
A-lterac_ens to the course or Elan of
flood vjacers1
(c)
Discharge into sur-ace vacers, or
iz any alceracion of sur:ace Vater quaiicY,
includ;n; but not limited to temperature,
diseolved ax-ygen or turbidity?
,Yes Maybe Tia
X
X
X
X
n
X
X
X
X
X
•(8)
W;?1
the project result in:
.j
(a)
The disturbance af.a natural or man-made
X
feature in the project area which is unique?
X
(b)
The obstrucc'_on of a .scent= vista open to
the public'
C. Phvs_caI
Loacts:
(1)
Will
the proposed project result in t e e.:pcsure
cr people
or -13-:cperry to geologic ha=arcs such
as ea__
:
Yes Mavb e Lac
(d)
A-Iteracion of the direction or race of flow
of ground water?
;t
(e)
Change in the quantity of ground waters,
e=Cher through direct additions Or wic"-
drawals, or - through interes?cion of an
acui_`er by cuts or e cavacian?
'
(f)
Substantial reduction is Che aL.our.t of
water c the='.:ise available for public water
suaal{ es?
v
(g)
L.-:)Gsur=_ o f people or proper :-' to wacer-
ra'_aced ha=arils such as flooding or tidal
•r
the proposed project result in:
(a)
Change in the diversity Of species; or nt^ber
of any species of plants (including t=ees,
shrubs, grass, craps, and aauat=c plants?
(b)
Reduccian of the numbers of any unique,
rare or endangered species of
(c)
Introduction of ne,.r species of plants into
an area, or in a barrier to the normal
replenishment of e:cist{nZ species?
(d)
Raduction in acreage of any agricultural
X
crap?
(e.)
Change i_*j the diversity of facies, or
r� -t T 1-S b; -
rumbers of any species of anima-_ :s,
land an=vial s including repel es, fish and
V
'=act)
shellfish, benchic Organi-mss or "ti
^
(f)
Reduction'of the numbers Of any unique,
rare or endangered species.cf animals?
X
(a)
Incraduction of new species of an'_mals
into an area, or result i= a barrier to
the migration or movement of an'als?
.�
(h)
Decerioracion to e:c_scing f4sh or w'idli-'e
:t
habitat?
(6) Will
the proposed projec_ resul=
(a)
Increase in e::ist'n3 Heise levels?
(b)cpasure
of people co severe noise leP
(7) Does the proposed project signs=!cantly affect.
the potential use e:ctractian or canserxation e[
a scarce natural resource such as agr'culcural
Land, a mineral deposit, or woodland?
(8) Will the proposed project involve the use,
storage, or disposal of ha=ardous materials?
(9) Will the proposed praject result in:
(a) Use of subsCancial amounts of fuel orf
energy?
(o)' Suostantlzl increase in demand upon e:__sc_nz
sources ar energy, aL.requite the development
of ner- sauress of energy?
(.0} Will the croFcsed pr' le_t re -s"
(�) �i2^.erat�an of substant1a11 additzonal. vehi-11 a7
movement?
Yes Na•rbe No
x
x
(b) E�sects on existingpa-'.tl.*tg fat'? i __es, er
demand for new parkLng? X
(c) Substantial impact upon existing transporta
tion systems?
(d) P1te-aticns to. present patterns of c{resla-
cion�or mave-7enc of people and/or goods? X
(e) A1tzraticns to waterborne, ra' l or a4 -
Y
tra=fi C?
(f) Inc.ease in traffic hazards to motor vehi:zes,
bicyclists or pedestrians?
(11) handatory Findings of Signifi c.:!nce:
(a) Dees ttie project halre the pccenci>l Co deo=ode
the qualiCy of the envi=nmenc, substancial?y
rec'uce the haoitac- of a fish or ,;ildl4yo
species, cause a fish or vi—1 dlife population
to drop below Sal:,suscaining levels, threaten
to eliminate a p t an f or animal community,
reduce the number or restrict the ranze� of a
rare or endangered plant or animal.or eliai.^.ate
important examples of the major periods of
Cz�lifar iia history or prep=stsrl?
(p) Does the preject have the pctenCial to
ac::{ ave shore -ca=-, cc the disadvantage of
long -tem, environmental goals? (a shor_-
ta_- impact an the environment is one which
occurs in a ralacivelj brief, definitive
peL_od a c-, me _1e lana-_erm imp ac t3 •���
endure into the fucura•)
x
X
(c) Does the project have impacts c:h=ch are
i-ndividually limited, but cumulatively con-
siderable? (A project may impact on t::o or
Mare separate resources '.here the impact on
eac:l rescu.:-re 4-s rel at'vely s -al" , bu*t 'Mea
r -'-Ie effect aL tae roca— of t.`tcse 'pacts
cm the e^.V;,aCl^e^t is s_='.:--_s••�•
(d) Does the p-siecc have e^•r=_orae^tom. er=ects
which w4 ll cause subsea^.tial adverse
e=-�eccs on human be'_.-igs, el --her d=rectl_y or
i -•directly?
Discussion of En•�_rorzae^.tel E: aluaclon
Dete-i1nat_cn:
_ Yes Faybe . ;'IO
(Not_: Use additional sheets if necassa�.)
On the basis of this icitial eve? uat_on, the E.-tvi-onmental Rev -i2,,; .C_;==L4 ttee finds:
1 That the proposed project COULD NOT have a significant ef-fect an the eitvi.cn-
ment, and there ore reco=ends the GRAN=C OF A N7.GAT17E DEC�RATZON.
I That,althcugh the proposed project could have a significant a=feet an the
environment, there wi?1 not be a significant e-ffect in this case because
of the mrogation measures desc_ibed an an attached sheet have been added
to the project. It is recommended that A NEG"" -17E DECLURA_lON BE
Ii :pat the proposed project HA:l h:ve a s'_g z'_fiCsRt effect on the envi.cnmeac,
and an Ei7?ROritiE.ITAL Il�Tr1CT RE"20,R is required.
Data
�T � t�:.n, E :virormental Review Ca>.�itt=_e
Far /7 ^ ��_•