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Annex 99-07 - Imperial Ave Resos 99-168 and 99-2169q __ ) RESOLUTION NO. 99-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "IMPERIAL AVENUE 99-07", APPROXIMATELY 0.457 ACRE LOCATED ON THE EAST SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND ALCAZAR AVENUE; YEH (APN 357-19-049) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.457 acre on the east side of Imperial Avenue (APN 357-19-049) has been filed by property owner James J. Yeh and Doris Yeh; and WHEREAS, on June 21, 1999, the City Council adopted Resolution No. 99-168 initiating proceedings for annexation of the area designated "Imperial Avenue 99-07"; 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 "Imperial Avenue 99-07", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.457 acre. I Resolution No. 99-216 Page 2 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 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. 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. 1. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. 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. 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. 2 Resolution No. 99-216 Page 3 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 19th day of July, 1999, by the following vote: Vote Members of the City 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 EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO, CA. ENTITLED: IMPERIAL AVE. 99-07 All that certain real property situated in the County of Santa Clara, State of California, being all of Parcel One as shown upon that certain Record of Survey filed in Book 111 of Maps at Page 39, Santa Clara County Records and a portion of Imperial Avenue as shown upon said Record of Survey, described as follows: Beginning at the Northwesterly corner of said Parcel One on the Easterly line of Imperial Avenue, 60 feet wide; Thence along the Northerly line of said Parcel S89057130"E 135.00 feet to the Northeasterly corner thereof; Thence along the Easterly line of said Parcel, also being the Westerly line of that certain annexation of the City of Cupertino entitled "McClellan 1A", South 79.00 feet to the Southeasterly corner of said Parcel; Thence leaving said Westerly line of said annexation and along the Southerly line of said Parcel One, N89057'30"W 135.00 feet to the Southwesterly corner thereof on the East- erly line of Imperial Avenue; Thence continue N89057'30"W 60.00 feet to the Westerly line of Imperial Avenue; Thence along said Westerly line North 154.00 feet to the Southwesterly corner of that certain annexation of said City entitled "Imperial Avenue 98-08"; Thence leaving said line of Imperial Avenue and along the Southerly line of said annexation, S89°57'3011E 60.00 feet to the Easterly line of Imperial Avenue; Thence leaving said Southerly line of said annexation and along the Easterly line of said Imperial Avenue, South 75.00 feet to the point of beginning; Containing 0.457 of an acre, more or less. Date: April 20, 1999` APN: 35;-19-049' -* No. C13313 ` x Exp: 3-31-2001 y �l C11f1%_ ©Q6 OLIVE AvE. . M � W s Q 103S ,j 4 O3S4I 60 roper-lw . I Leh O O t r J.N4 fi N "' No. 013318 = 2 � Exp: p: 3-31-100( a±! z 0r CA`% m■ hik- .. l:xl5TIK6 ANREA'N "IMPERIAL ° 5-('3 OV O C o Qk.o� � 589°5730"�E 135.40 A PIS. 357 - 15-04.9 0 PARCEL 0 NE, R.O.S. I l t MAPS PAGE 39 ALCAZAR AVE v 5 ti'ti'�t^5 Creek Cily �! y LU 4c a LUla: 0I ( Je P-- 6 ITE Alccazar --i'Mcc(ellan ZmPERlgL VIC I N I T "-( MAP NOT TO SCALE •• • Line o�exisl-i ng clnneKai'i 4n Lirleo; propo5e44nnexaflon e)(H I B I T 13 PROp05ED ANNEXATION TO 7HE Cl T-( OF CUPERTINO E N—t'ITLED: M PE lZ la L AVE. 99-07 APRIL 20, 1999 SCALE: I"=5o� RESOLUTION NO. 99-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "IMPERIAL AVENUE 99-07", PROPERTY LOCATED ON THE EAST SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND ALCAZAR AVENUE; APPROXIMATELY 0.457 ACRE, YEH (APN 357-19-049) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Imperial Avenue 99-07" from property owners, James J. Yeh and Doris Yeh; and WHEREAS, the property, 0.457+ acre on the east side of Imperial Avenue between Olive Avenue and Alcazar Avenue (APNs 357-19-049) 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 "Imperial Avenue 99-07" and detachment from the Santa Clara County Lighting Service District at their regular meeting of July 19, 1999. Resolution No. 99-168 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2151 day of June, 1999, by the following vote: Vote Members of the CityCouncil AYES: Burnett, Chang, James, Statton, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk /s/ Wally Dean 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: IMPERIAL AVE. 99-07 Situs Address: 10354 Imperial Avenue and consists of: X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 0.457 acres on the east (n/s/e/w) side of Imperial Avenue (Street/Avenue) between Olive Avenue (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). Cupertino: Annexation Petition, page 2 The reason(s) for the proposed annexation (annexation, detachment, reorganization, etc.) is/are 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: The person(s) signing this petition has/have signed as (check one): X owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponent(s) X do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's name below) City/State/Zip Parcel No.* or (035-1 (Sign here) Date: — / — Phone: ( � I�py/►rS \� �i� (Sign here) ' Date: Phone: ( 357- IT - 0 ? 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 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: IMPERIAL AVE. 99-07 Annexation to CITY OF CUPERTINO (City or Spec. District) Detaclunent 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 May 16, 1983 ( prezoned? other approval action?) and in compliance with CEQA, has: (date) 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 0.457 2. Number of inhabitants 4 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): Single Family Dwelling. 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 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. S eivi ce/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 Cupertino Sanitary District Fremont Union High School District Mid -Peninsula Open Space District Foothill Community College District County Lighting Service Assessment LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed amlexation/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. Parcel No. Value of Land See Petition James J. Yeh 10354 Imperial Avenue (408)252-9779 357-19-049 $400,000 Doris Yeh Cupertino, CA 95014 *See next page Suppl. Appl. -4- "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll; where such person is no longer the owner, then any person entitled to be shown as owner of land on the next Assessment Roll; where land is subject to a recorded written agreement of sale, any person shown therein as purchaser, and any public agency owning land." Government Code Section 56048. 15. Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing (in addition to the Clerk/Administrator of each affected city or district): Street Address Naive City/State/Zip (1) ,lames Yeh 10410 Imperial Avenue Doris Yeh Cupertino, CA 95014 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. VISKOVICH 10300 TORRE AVENUE otpersgn completing this CUPERTINO, CA 95014 4--'- 2 - (Date) NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with each school district shown on question #13 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to submit this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met. Suppl. Appl. -5- CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal) I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this application and that the �2 (number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Sectio 56839, the City will make determinations on this proposal without notice or hearing. / ) Date: Z3 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 OCHICAGO TITLE COMPANY Date: 04-21-99 New Real Estate Jim Yeh 10410 Imperial Avenue Cupertino, California 95014 Order No.: 826677 - CS Property RE 10354 Imperial Avenue, Cupertino, California 95014 In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith our Preliminary Report for your review. Should you have any questions in connection with this or any other matter concerning the above referenced order, please do not hesitate to contact our office. Thank you for choosing Chicago Title Company. Title Department: CHICAGO TITLE 110 West Taylor Street San Jose, CA 95110 PHONE: (408) 292-4212 TITLE OFFICER PSPEL--09/16/97bk COMPANY Escrow Department: CHICAGO TITLE COMPANY 20100 Stevens Creek Blvd #190 Cupertino, California 95014 (408) 253-9050 fax: (408) 252-3792 Carol Steck ESCROW OFFICER OCHICAGO TITLE COMPANY PRELIMINARY REPORT Dated as of: March 25, 1999 Order No.: 826677 - CS Regarding: 10354 Imperial Avenue Cupertino, California at 7:30 AM CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth In the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE 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. The form of policy of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY 1990 Title Department: CHICAGO TITLE 110 West Taylor Street San Jose, California 95110 (408) 292-4212 TITLE OFFICER PFP--09/04/97bk COMPANY Escrow Department: CHICAGO TITLE COMPANY 20100 Stevens Creek Blvd #190 Cupertino, California 95014 (408) 253-9050 fax: (408) 252-3792 Carol Steck ESCROW OFFICER SCHEDULE A Order No: 826677 Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: James Jyh-Gang Yeh and Doris Tau -Wen Yeh, Husband and Wife, As Joint Tenants 3. The land referred to in this report is situated in the State of California, County of SANTA CLARA and is described as follows: SEE ATTACHED DESCRIPTION Order No: 826677 - 1 DESCRIPTION All that certain Real Property in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Beginning at a point in the Easterly line of that certain 4.945 acre tract of land conveyed by David M. Noonan, et ux, to Samuel E. Hawley, et ux, by Deed dated June 15, 1943, recorded June 18, 1943 in Book 1147 of Official Records, Page 270, Santa Clara County Records, distant thereon South 450.00 feet from the point of intersection of said line with the Southerly line of Olive Street, as said line of Olive Street was established by Deed to the County of Santa Clara_ dated September 16, 1939, recorded November 3, 1939 in Book 952 of Official Records, Page 471, Records of said County, running thence along said Easterly line of the 4.945 acre tract South 79 feet; thence leaving said line and running North 890 57' 30" West 195 feet; thence parallel with said East line of said 4.945 acre tract North 79 feet to a point which bears North 890 57' 30" West from the point of beginning; thence running parallel to said Southerly line of Olive Street South 890 57' 30" East 195 feet to the point of beginning, and being a portion of the property shown upon the "Record of Survey of a portion of the SW 1/4 of Section 14 T. 7 S., R. 2.W., M.D.B. & M.," as per Map thereof recorded September 4, 1959 in Book 111 of Maps, at Page 39, Santa Clara County Records. Excepting therefrom the Westerly 60 feet of Said Land, as granted to the County of Santa Clara,, recorded May 21, 1984 in Book 6512, Page 359, Official Records. SCHEDULE B Page 1 Order No: 826677 Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: a 1. Taxes for the fiscal year 1999-2000, a lien not yet due or payable. B 2. General and Special Taxes and Assessments, if any, for the fiscal year 19 98-99 Assessment No.: 357-19-049 Code No.: 63-076 First Installment: $2,447.84 Paid Second Installment: $2,447.84 Due and Payable Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None Shown c 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. D 4. A Deed of Trust -to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: Amount: Trustor: Trustee: Beneficiary: Recorded: Instrument No.: Return Address: Loan No.: s END OF SCHEDULE B September 5, 1997 $313,000.00 James Jyh-Gang Yeh and Doris Tau -Wen Yeh, Husband and Wife Golden West Savings Association Service Co., a California Corporation World Savings and Loan Association, a Federal Savings and Loan Association, Its Successors and/or Assiges September 10, 1997 of Official Records 13850103 P.O. Box 659548, San Antonio, TX 78285-9548 0002814473 F NOTE 1 : Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. c NOTE 2 : Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call -n-'V/.'j.­ SCHEDULE B Page 2 (continued) Order No: 826677 Your Ref: your escrow officer or title officer. s NOTE 3 : If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. -"=LJMtlL;-y/23/WJbK SCHEDULE B Page 3 (continued) Order No: 826677 Your Ref: r NOTE 4 : Our ALTA loan policy, when issued, may include the attachment of a CLTA 116 or CLTA 116.2 endorsement which reflects that there is located on said land a residential unit designated as 10354 Imperial Avenue, Cupertino, California. s NOTE 5 : Short Term Rate NOTE 6 : For Informational Purposes Only, the Supplemental Taxes for the fiscal year 1998-99 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. Assessors Parcel No.: 357-19-049-71 First Installment: $1,515.20 Paid Second Installment: $1,515.20 Paid SR/rcl •Order leo: 826677 - Your Ref: As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above -listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. KSS—09/07/98bk D <.A . 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(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 location 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 encumbrance resulting from a violation or alleged violation affecting the land has 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. 2. 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. 3. 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 the 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 subsequent to Date of Policy; or (e) 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 or interest insured by this policy. 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 failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. 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 — SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or 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. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lanu or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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 which are 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 matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12699 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 location 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 encumbrance resulting from a violation or alleged violation affecting the land has 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. 2. 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. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the 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 subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or 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. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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 which are 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 matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land. 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OFTITLE INSURANCE (5/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence orviolation of any law or government regulation.This includes ordinances, laws and regulations concerning: a. building c. Land use e. Land division b. zoning d. improvements on the Land f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value forYourTitle. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 location 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 encumbrance resulting from a violation or alleged violation affecting the land has 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. 2. 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. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the 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 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 lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) 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 failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. 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 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 an 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 part by proceeds of the indebtedness secured by the insured mortgage which at Date 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 creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or 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. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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 which are 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 matters excepted under (a), (b) or (c) are shown by the public records.