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Annex 99-10 - Byrne Ave Resos 00-045 and 00-079Rc X ,-4-Q Please 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 I Doc# 15215417 4/17/2000 9:45 AM This document has &"%!, A C1.As-tA C'OUlv-.' RECORDER CERTIFICATE OF COMPLETION I, Neelima Palacherla, 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 Resolution No. 00-079 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: Byrne Avenue 99-10 (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 6, 2000. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated:/10 Attachments: City Resolution Legal Description Map - --I a //, " 0 1., J, 01'. � Neelkna P acherla, xecutive Director: Santa Clara County Local Agency Formation Commission RESOLUTION NO. 00-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "BYRNE AVENUE 99-10", APPROXIMATELY 0.234 ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND ALCAZAR AVENUE; HOLT (APN 357-12-029) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.234 acre on the east side of Imperial Avenue (APN 357-12-029) has been filed by property owners Warren and E. Yvonne Holt; and WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00- 045 initiating proceedings for annexation of the area designated 'Byrne Avenue 99-10"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and 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 99-10", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 0.234 acre. Resolution No. 00-079 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. 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 Pre R1-7.5 zone. e. Annexation_ to the City of Cupertino will affect no changes in special districts. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. 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. 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. Resolution No. 00-079 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 6`h day of March, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/Kimberly Smith City Clerk 3 APPROVED: /s/John Statton Mayor, City of Cupertino EXHIBIT A BYRNE AVENUE 99-10 All of that real property situate in Santa Clara County, California described as follows: BEGINNING at the Northeasterly corner of Lot 4, 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 East 50.00 feet along an Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne Avenue 98-12", 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 60.00 feet; thence leaving said Easterly line and proceeding West 50.00 feet to the Northeasterly corner of the Annexation to the City of Cupertino titled Byrne Ave. 89-02; thence along the Northerly line of said Annexation West 120.00 feet to the Southwesterly corner of the above mentioned Lot 4; thence along the Westerly line of said Lot North 60.00 feet to the Northwesterly corner of said Lot; thence along the Northerly line of said Lot and along the above mentioned Annexation Line East 120.00 feet to the point of BEGINNING. Containing 0.234 acre more or less and consisting of all of Lot 4 and a portion of Byrne Avenue as shown on the above-mentioned Map. Gwoz/gwoz-exha.doc Revised 1-24-00 QRof Essio�,a E NFe l v �y LU No. 20597 m �, CIVIL of ra�.�Foi EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED — BYRNE AVE. 99-10 / P / / �oO LIMITS OF ANNEXATION 1.00 I "SAN FERNANDO AVE. 84-1" �j c > -- V / CITY LIMITS OF 000 / CUPERTINO 0)LOT 1 � I SCALE: 1 " = 60' APN 357-12-029 PROPOSED ANNEXATION 0.234 AC (10,200 SQ. FT.) M I LIMITS OF ANNEXATION Lal "BYRNE AVE. 98-12" I . M LOT 2 I Q I O `t ��Of ESS/0 I E. W h��� �\�s I F- POB U I LOT 3 Z I No. 2059 m a 9 �, FAST 170L.00 120.00 50.o0- 9lF CJViI ��� /I -m �F CAUF� 00/ LOT 4 / o 0 C5 z 501©.� �� 0 0 //� o IWEST 170.00 I A venue LIMITS OF ANNEXATION "BYR E AVE. 89-02" .� CUPERTINO CITY LIMITS PROPOSED ANNEXATION LIMITS SEPTEMBER 22, 1999 -24- RESOLUTION NO. 00-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED `BYRNE AVENUE 99-10", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND ALCAZAR AVENUE; APPROXIMATELY 0.234 ACRE, HOLT (APN 357-12-029 WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byrne Avenue 99-10" from property owners, Warren G. Holt and E. Yvonne Holt; and WHEREAS, the property, 0.234+ acres on the west side of Byrne Avenue between San Fernando Avenue and Alcazar Avenue (APN 357-12-029) 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 -RI -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 99-10" and detachment from the Santa Clara County Lighting Service District at their regular meeting of March 6, 2000. Resolution No. 00-045 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7t' day of February, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Statton City Clerk 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. 99-10 Situs Address: 10363 Byrne Avenue and consists of: X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 0.234 acres on the west (n/s/e/w) side of Byrne Avenue (Street/Avenue) between San Fernando 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 6. 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: 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) CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip (Sign here) Date: Gt -rrr Q SE°//1L11 Phone: (Signere) Date: �iLC r�ivr ���� Phone: Assessor's Election Parcel No.* or Precinct No.** * For proposals involving uninhabited territory or for landowner -initiated proposals. * * For proposals involving inhabited territory or for resident -voter initiated proposals 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: BYRNE AVE. 99-10 Annexation to CITY OF CUPERTINO (City or Spec. District) Detaclu-nent 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 Seo. because Suppl. Appl. -1- CHARACTERISTICS OF THE AREA 1. Number of acres 0.234 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): 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. Service/improvement: Cost: $ /yr. for yrs. $ /yr. for _yrs. 13. List all cities, special districts, (including school districts) and County Service Areas located within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importation.) (Refer to County Tax Rate Code Book for this information): Cupertino Elementary School District Fremont Union High School District Foothill Community College District Cupertino Sanitary District Mid -Peninsula Open Space District County Lighting Service Assessment LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexation/detachment/reorganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses, with date, below. (Signatures not required if proposal is initiated by property -owner petition: put "see petition" below and type or print names, addresses, etc.) Assessor's parcel number, assessed land (not improvements) valuation, and if 100% property -owner consent has been obtained, certification by City Clerk must be added prior to consideration. Hearing not required if 100% property owner consent is obtained. Date (Print name below City/State/Zip Tel. No. Parcel No. Value of Land See Petition Warren G. Holt 10363 Byrne Avenue (408) 252-2225 357-12-029 $15,608 E. Yvonne Holt 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 Name City/State/Zip Mr. & Mrs. Warren G. Holt 10363 Byrne Avenue 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. BERTVISKOVICH 10300 TORRE AVENUE PriPeAame.of peom)leting this CUPERTINO, CA 95014 16 Zr (T i — (Date) NOTE: It is a genekl LAFCO filing requirement that a copy of this application be filed with each school district shown on question # 13 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to submit this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met. Suppl. Appl. -5- CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal) I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this application and that the (number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Sectio 39, the City will make determinations on this proposal without notice or hearing. Date: /0 7— Z — � City Clerk (Seal) City of Cupertino a. Owners of land within the proposed annexation/detachment/reorganization who do not consent to this proposal should be listed by name, address, parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less than 100% consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) b. FOR NOT -100% CONSENT PROPOSALS, list all registered voters residing in the territory proposed for annexation/detachment/reorganization if different from the landowners shown in 14a. and 14b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach.) Suppl. Appl. -6 10/21/1999 16:12 40844.5'4'86 BARBARA G PAGE 02 *� OLD REPUBLIC TITLE COMPANY 12228 SARATOGA-SUNNYVALE ROAD SARATOGA, CA 95070 (408) 725-8500 Fax; (408) 252.0369 l4 PRELIMINARY REPORT Issued for die sole use of: * Our Order No. 492250 --SR REFERRAL REALTY 1601 S- DF AIJLA BZ,VD _ #101 Reference CUPE'RTINO, California95014 Attention; BARRARA GWOZDZ When Replying Please Contact: Buyer: PETER GWOZDZ and RARBA z, Sandy Rose GWOZDZ Property Address; 10363 Byrne Avenue, Cupertino, CA [Unincorporated area of Santa Clara Courit_v1 In response; to the above referenced, application for a policy of title insurance, .OLD REPUBLIC TITLE COMPANY hereby reports that it isprepared 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 thefei,ri hereinafter set forth, insuring Zgainst loss which maybe 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 or said policy forms. ' The printed Exceptions and Exclusions from the coverage of said Policy or Policies, are set forth 'in Exhibit A and 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 yyou with notice of matters which are riot. 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 representationas 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 rio liability is assumed hereby. If it is desired: that liability be assumed prior to the issuance of a policy of•titl.e insurance, a Binder or Commitment ;Should be requested. Dated as of Auqu2 1�,th 1999 ae I;30 A,M. OLD REPUBLIC TITLE COMPANY 1. For Exceptions Shown or Referred to, See Attached `i Page of s Mages i� ORT 3157-A (RPU';1/1/95) 1b/1'1/'lyyJ: 1b:11 4bb44b4!6b BARBARA G HAVE b3 y. OLD REPURLX-3 TITLE C0MPANy ORDER NO. 4.92250 -SP The form of policy of title insurance contemplated by this report is: A liomeow;.er,s Policy of Title Insurance 1992) wd,th ALTA Endorsement 1998) ; AND an ALTA Loan I'o.l:ic-y - 1970 (Rev. nt Fozm 1 CoCverage, OR, an ALTA Loaf, Polic�r - 1yy? with ALTA Endorsement Form 1 Coverage, A specific request should be made it' another form or addition '1 coverage is desired. The estate cjrinterest in the land hereinafter described or referred to covered by thi; Report is: CZ r'FE , Title to said esttatE or interest at the date hereof is vested in; WARREN G. 'HOLT and YVONN). HOLT, TRUSTEE OF THE HOLT FAMILY LIVING TRUST AGREEMENT DATED MAY 6, 19,93, OR THE SUCCESSOR TRUSTEE TIIER.EOF ;'age 2 of 5 . pages 3157-A1 (Rev 1-1 f5 10/21/1999 16:12 At 4084464786 BARBARA G PAGE 04 OLID RRFPUBL.1G TITLE COMPANy ORDER NO. 492250'•SR. The land referred to in'this Report is situated in the Count)/ of Santa ted area, Clara in the�nincOrpora State of California, and is described as follows: - LOT 4, ass deli:ieated upon that certain Map entitled "Tract No, 139 Stevena' Creek Subd,i.vision Map D7o, 1 in Sec. 14 Tp, 7 S.R. 2 W M gCount, Calif & M San'C� Clara ,., e .for record in the Office of th(; Recorder of the County GAF Santa Clara, Star -e of California, in Book 4 of Maps, at Page 43 357-'12-023 53079 PH/OS/BF A 3S? -12-29 NI '4 k9. •: Page 3 of 5 Pages 3157 10/21/1999 16:12 4084464786 BARBARA G PAGE 05 OLD REPUBLIC TITLE COMPANY ORDER NO. 4922.50 --SR At the date hereof exceptions to coverage in addition to the Exceptions and ExCIUSIOnS in said policy forrn would be as follows: 1. Taxes and assessments, general and special, for the fiscal year' 1999-2000 a lien, but not yet due or payable. 2. Building set-ba.c)c line as shown on the filed Map. ,Affects 25 feet from Byrne ,Avenue 3. Covenants, Conditions and Restrictions which do not contain express provisions for forfeiture or .reversion of title in the event of violation, but omitting any coveliaiits or restrictions if any, based upon race, color, religion, Sex, handicap, familial, status, or national. origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped peroons, as provided in an instrument Recorded June 8th, 1940 in Book 989 of Official Records, page. 1.55 Modification thereof, but omitting any covenants' or restr.ict:i.on.G -;:f any, based upon race, cola, religion, sex, handicap, familial stature, or national oxi,gin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United Star -2e Code or (b) relates to handicap but doers not discriminate against handicapped persons. Recorded April 18th, 1944 in Book 1198 of Official Records, Page 276 Said Covenants, Conditions and Restrictions provide that a violation'rhereof shall not defeat or render invalid the lien of any Mortgagt, or Deed of Trust made in good faith and for value. 4. Terms and conditions contained in the Holt Family Living Trust Agreement dated May 6, 1993 as disclosed by Memorandum of Trust Agreement, recorded July 25th, 1994 in Book N533 of Official Records, Page 1178. NOTE: The requirement that either: a. a Certification of Trust be furnished in a.ccczdance with Probate, Code Section 18100,5; or b. a complete copy of the trust instrument(e), together with a statement that the trust has not been revoked or c;herwj,se terminated, .be furnished for this company's review. The cocnpariy resczves the right [o maks additional exceptions and/or requirements upon review of either of the above, Page---.4—of 5 page, ORT 3157- 10/21/1999 16:12 4084464786 BARBARA G PAGE 06 OLD P-E.PU13LIC TITLE COMPANY ORDER NO. 4,92250-Si2 ----- ------ - Informational Notes 1. Taxes, general and Special, for the Liscal year j.998 S. 19.99 -as follows: Asse'ssor's parcel No. ; 357-12-02-9 Code No. 63079 1st Installment $185.74, Marked Paid 2nd Installment $185,74, Marked Paid The above installments include; a property tax exemption of $7,000.00 2. The last_ recorded instruments) conveying record title to the premises is/are: A deed executed by Departmerit- of Veterans Affairs to Warren George Holt and Edith Yvonne Bolt, husband and wife, a*s joint tenants; recorded August, 19til, 1940 in Book 1835 of Official Records, page E A deed executed by Warren George Molt et ux to warren G. Holt and Yvonne Holt, husband and wife, as community property, recorded July 25th, 19*94 in Book N533 of Official Records, Page 1176 A deed executed by Warren G. .Holt et ux to WARREN G. 13OLT and YVO..MTE HOLT, TRUSTEE OF T142 HOLT FAMILY LIVING TRUST AGREEMENT DATED MAY 6, 1993, OR THE SUCCESSOR. TRUSTEE THEREOF, recorded July 25th, 1994 in 800k N533 of Official Records, page 1177 The last conveyance affecting said land recorded within the last two yeais, prior to the date of this, Report are; NONE. 3. °Tte mailing address of the vestee as shown in the records is: 10353 Eyrn_ Aven'Lir, Cupertino, Ca. 95014 Page 5 of 5 pages 3157-E.