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E-826 Conditional Certificate of Compliance, Lands of Starbright Partners, APN 342-19-001, 342-20-003 and 342-20-004RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 23289691 1111111 REGINA ALCOMENDRAS SANTA CLARA COUN TY RE CORD ER Recorded at the request of City Pages: 11 Fees * No Fees Taxes .. Copies. AMT PAID ROE fl 025 4/28/2016 10 :24 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CONDITIONAL CERTIFICATE OF COMPLIANCE LANDS OF STARBRIGHT PARTNERS APNS: 342-19-001, 342-20-003, and 342-20-004 ~Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 6103 of the Government Code. This is to certify that the Conditional Certificate of Compliance dated March 23, 2016 for LANDS OF STARBRIGHT PARTNERS APNS: 342-19-001, 342-20-003, and 342-20-004 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: April 20 , 2016 Lauren Sapudar Senior Office Assistant CUPERTINO RECORDING REQUESTED BY: CITY OF CUPERTINO RETURN TO: City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 City Hall I 0300 Ton-e Avenue Cupert in o, CA 95014-3255 PH: (408) 777-3354 FX: (408) 777 -3333 PUBLIC WORKS DEPARTMENT March 23, 2016 NO FEE IN ACCORDANCE WITH GOVT. CODE 6103 CONDITIONAL CERTIFICATE OF COMPLIANCE LANDS OF STARBRIGHT PARTNERS , L.P., A.P .N.s 342 -19-001, 342-20-003 and 342 -20-004, for two (2) parcels described as follows: Parcel One: Sections 359, 360, 361, 362, 363, 364, as shown on "Map of Inspiration Heights, Monte Vista", filed April 11, 1917 in Book 'P' of Maps, Page 14, Santa Clara County Records, and more particularly described in Exhibit 'A' and shown on Exhibit 'B'. (See Exhibits A and B) Parcel Two: All of Lots 4 and 5 and those portions of Sections 1, 2, 3 and 68 of "Map of Ninth Addition, Monte Vista", filed on April 11, 1917 in Book 'P' of Maps, Page 16, Santa Clara County Records, and those portions of Sections 365, 366, 367, 368, 369, 375, 376, 377, 378, 379, 380, 381 of "Inspiration Heights, Monte Vista" filed April 11, 1917 in Book 'P' of Maps, page 14, Santa Clara County Records, and more particularly describe in Exhibit 'C' and shown on Exhibit 'D'. (See Exhibits C and D) Notice is hereby given pursuant to Section 66499.35 of the Government Code of the State of California that the real property described in Exhibit A, attached hereto and made a part hereof, is not in violation of the provisions of Division 2 of Title 7 of the Government March 23, 2016 Page 2 Code, cited as the Subdivision Map Act, and all local ordinances enacted pursuant thereof, with the exception of the violations listed below. This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. Further, that as a result of this Certificate of Compliance, the sale, lease, or financing of the separate parcel as described herein, shall not constitute a violation of said Division 2 of Title 7 or local ordinances. Development of this property will require issuance of a permit or permits and other grant or grants of approval. However, the parcel, as described herein, is inconsistent with and in violation of the City of Cupertino General Plan Policies including, but not limited to Appendix F, Slope Density and the City of Cupertino Zoning Code including but not limited to Chapter 19.40 Hillside Residential (RHS} Zone found at 19.40 et seq. standards for hillside residential development. CERTIFICATE OF COMPLIANCE NO . l 0 iCo ~ c I Date ~, 1 ·z_.. /~ CITY OF CUPERTINO ~- Timm Borden Director of Public Works LEGAL DESCRIPTION EXHIBIT 'A ' All that certain real property situate in the City of Cupertino, County of Santa Clara , State of California, being all of Parcel One as described in the Grant Deed from Murray John Ellis and Virginia Ann Ellis , Husband and wife to Starbright partners, L.P., recorded on May 30 , 2003 as Document No. 17074583 of Official Records , Santa Clara County records , being all of Sections 359 , 360, 361, 362 , 363, and 364 as shown on the map entitled "MAP OF INSPIRATION HEIGHTS, MONTA VISTA, SHOWING SECTIONS NO 291 TO 381 INCLUSIVE ", filed on April 11 , 1917 in Book "P " of Maps at Page 14 , said Santa Clara County records, more particularly described as follows : BEGINNING at the northwesterly corner of said Section 364 , sa id point being on the centerline of El Cerrito Road (40.00 feet wide); thence along the general northerly line of said Section 364 , 363 , 362, 360 and 359 the following five (5) courses: 1) North 79 ° 11 ' 07" East , 140 .38 feet , 2) South 62 ° 08' 56 " East, 263.68 feet , 3) South 81 ° 38' 55 " East , 177.03 feet , 4) South 20 ° 41 ' 55 " East , 41 .29 feet and 5) South 67° 52 ' 55 " East , 297.42 feet ; thence leaving the centerline of Paloma Road, South 22 ° 00 ' 00 " East , 25.00 feet to a poing on the right of way line for said Paloma Road ; thence leaving said right of way line , along the general easterly line of said Section 359 , South 21 ° 00 ' 00 " West , 172.63 feet to the most southerly corner of said Section 359 , said point being on the centerline of Balboa Road ; thence leaving said general easterly line , along the general southerly line of said Section 359 , 360, 361, 363 , and 364 the following five (5) courses : 1) North 78 ° 06 ' 21 " West , 130.28 feet , 2) North 50 ° 34 ' 21 " West , 215.29 feet, 3) South 81 ° 53 ' 39 " West , 113. 82 feet , 4) North 63 ° 06' 21" West, 118.78 feet and 5) South 89 ° 53 ' 39 " West , 270 .53 feet to the southwesterly corner of said Section 364; thence leaving said general southerly line , along the westerly line of said Sect ion 364 , North 00 ° 11 ' 53" West , 256 . 75 feet to the POINT OF BEGINNING. Containing an area of 4.213 acres , more or less . Legal description prepared by Cross Land Surveying , Inc . in February 2016 and is based upon a field survey . END OF DESCRIPTION APN : 342-20 -00 3 Kristina D. Comerer, PLS 6766 Date Feb. 2-lo, tviL? ~ <O It) ~ ~ :: !It) !!> --b 0 z w- POINT OF BEGINNING 376 342-20-003 ST ARBRJGHT P AFrrNERS, LP. -c DOC. NO. 1707 4583 PARCEL ONE AREA=4213 AC.+/- 364 362 MAP OF JNSPlRATJON HEJGHTS . . MONTA VBTA "p" MAPS 14 I 342-19-0031 VlRAY PROPEFTflES LL c DOC. NO. 22024557 377 378 379 & B 354 LEGEND I O FD. IRON PIPE I PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 'B' LANDS OF STARBRIGHT PARTNERS, L.P. I SCALE: 1" = 100' s20·41 '55"E I ~ 12 41.29 353 ~ ~ B.:>·s ~~~ 352 ~ ~ <'9;> .__. • <ff< s22·oo·oo"E· 25.00 359 1 6 2 0 SET IRON PIPE WITH PLUG & TACK 3 "LS 6766" I -+---BOUNDARY LINE 380 381 ~D ~~ -z,1u.11"- LEGAL DESCRIPTION EXHIBIT t~ All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California , being all of Parcel Two as described in the Grant Deed from Murray John Ellis and Virginia Ann Ellis, Husband and wife to Starbright Partners, L.P., recorded on May 30, 2003 as Document No . 17074583 of Official Records, Santa Clara County records, being all of Sections 4 and 5 and those portions of Sections 1, 2, 3 and 68 as shown on the map entitled "MAP OF 9 TH ADDITION MONTA VISTA", filed on April 11, 1917 in Book "P" of Maps at Page 16, Santa Clara County records, and those portions of Sections 365, 366, 367, 368, 369, 375, 376, 377, 378, 379, 380, and 381 as shown on the map entitled "MAP OF INSPIRATION HEIGHTS, MONTA VISTA, SHOWING SECTIONS NO 291 TO 381 INCLUSIVE", filed on April 11, 1917 in Book "P" of Maps at Page 14, said Santa Clara County records, more particularly described as follows: BEGINNING at a point on the northwesterly line of Stevens Canyon Road (formerly San Jose Road) as shown on said map entitled "MAP OF 9TH ADDITION MONTA VISTA", filed on April 11, 1917 in Book "P" of Maps at Page 16, said Santa Clara County records, distant thereon South 41° 52' 17" West, 49.30 feet from the most southerly corner of said Section 5; thence leaving said northwesterly line, along the general southerly line of said Parcel Two the following eight (8) courses: 1) North 61° 38' 40" West, 243 .50 feet, 2) North 78° 51' 40" West, 205 .20 feet, 3) North 27° 44' 40" West, 45 .60 feet, 4) North 65° 53' 40" West, 318.10 feet, 5) North 78° 42' 40" West, 225.80 feet, 6) North 74° 12' 40" West, 239.10 feet, 7) North 20° 1 O' 40" West, 62 .00 feet and 8) North 65° 23' 39" West, 626 .84 feet to the southwesterly corner of said Section 369; thence leaving said general southerly line, along the westerly line of said Section 369 , North 00° 23' 19" West, 266.21 feet to the northwesterly corner of said Parcel Two; thence leaving said westerly line, along the northerly line of said Parcel Two, North 89° 33' 36" East, 223.15 feet to a point on the centerline of El Cerrito Road (40.00 feet wide), as said road is shown on said map entitled "MAP OF INSPIRATION HEIGHTS, MONTA VISTA, SHOWING SECTIONS NO 291 TO 381 INCLUSIVE", filed on April 11, 1917 in Book "P" of Maps at Page 14, said Santa Clara County records; thence leaving said northerly line, along the general northeasterly line of said Sections 369, 368, 367, 366 and 365 the following nine (9) courses: 1) South 37° 45' 26" East, 97 .88 feet, 2) South 51° 01' 29" East, 71.02 feet, 3) South 12° 46' 37" East, 97 .50 feet, 4) South 18° 52' 36" East, 44.51 feet, 5) South 42° 23' 36" East, 47 .01 feet, 6) South 72° 17' 58" East, 67.62 feet, 7) South 79° 39' 48" East, 95 .51 feet, 8) South 87° 57' 04" East, 95.04 feet and 9) North 79° 11' 07" East, 38.02 feet to the northeast corner of said Section 365; thence leaving said general northeasterly line, along the easterly line of said Section 365, South 00° 11' 53" East, 256. 75 feet to the southeast corner of said Section 365, said point being on the centerline of Balboa Road (40 .00 feet wide); thence leaving said easterly line, along the general northerly line of said Sections 376, 377, 378, 379, 380 and 381 the following five (5) courses: 1) North 89° 53' 39" East, 270 .53 feet, 2) South 63° 06' 21" East, 118 .78 feet, 3) North 81° 53' 39" Page 1of2 East, 113.82 feet, 4) South 50 ° 34' 21" East, 215 .29 feet and 5) South 78° 06' 21" East, 30.68 feet to the northeast corner of said Section 381 ; thence leaving said general northerly line , along the easterly line of said Section 381 , South 00 ° 06' 21 " East, 20.45 feet to a point on the southerly line of Balboa Road; thence leaving said easterly line, along the northerly line of said Sections 1, 2 , 3, 4 and 5, being the southerly line of Balboa Road, the following five (5) courses: 1) South 78 ° 06 ' 21 " East , 175.50 feet, 2) South 57° 03' 21" East , 102 .50 feet , 3) South 80 ° 41 ' 21" East, 80.00 feet , 4) North 66 ° 33' 39" East , 189 .00 feet and 5) North 63 ° 04 ' 39 " East, 31.47 feet to the beginning of a tangent curve to the right, having a radius of 15 .00 feet; thence continuing along the northeasterly line of said Section 5, along said curve, through a central angle of 154 ° 57' 00", for an arc length of 40.57 feet; thence along the southeasterly line of said Section 5, the following two courses: 1) South 38 ° 01 ' 39" West, 110.91 feet and 2) South 41 ° 52 ' 17" West, 100 .00 feet to the southerly corner of said Section 5; thence continuing along the southeasterly line of said Section 68 , South 41 ° 52' 17" West, 49 .30 feet to the POINT OF BEGINNING . Containing an area of 6. 768 acres , more or less. Legal description prepared by Cross Land Surveying , Inc. in February 2016 and is based upon a field survey. END OF DESCRIPTION APN: 342-19-001 and 342-20-004 Kristina D. Comerer, PLS 6766 Date Feb. ~ U,1'6 Page2of2 35J I 356 362 .... "' "' Bs-.S: .. ~ ._ 'J~O" .... t:1 If . 'J78 :t: ~ I ·7o ~ ~ t:1 I N 2l944'40" W 45.60 ~ Cl) 342-19-003 YJRAY PROPEHTJES LL c DOC. NO. 22024557 379 I 380 I 381 CROSS LAND SURV£YING, INC. 2210 ~T. PLEASANT, ROAD-1• I SAN JOS£, CA 95148 \ ar-(408) 274-7994 F I PROJECT NO.: 15-80 342-20-002 GUPTA, TRUSTEE DOC. NO. JEJ759027 PARCEL ONE R/S 773 M. 7 & B 12 PLAT TO ACCOMPANY LEGAL DESCRIPTION £XHIBIT 'D' LANDS OF STARBRIGHT PARTNERS, L.P. SCAL£: 1" = 100' I 342-18-038 SHEET 1 OF' 2 ~ GUPTA ~ DOC. NO. 17184034 LINE TABLE . BEARING S00"06'21 "E S80"41'21"E N63"04'39"E Jo LEGEND O FD. IRON PIPE 0 SET IRON PIPE WITH PLUG 8c TACK nLS 6766n ---BOUNDARY LINE R=15.00 ~=154•57'00" L=40.57 N 7s·s1 '4o" w 2os.20 69 I 68 -£ -<"I ~ tO <"I ~ : 0) -~ lot) ~ 0 0 z 342-21-007 369 LEGEND / O FD. IRON PIPE / 0 SET .IRON PIPE WITH PLUG 8c TACK "LS 6766" / ---.BOUNDARY LINE 368 367 w- 370 I 371 I 372 CROSS LAND SURV£YING, INC. 11:!1L2210 M~. PLEASANT :ROAD .-..-SAN JOSC, CA 95148 ' -·· (408) 274-7994 PROJECT NO.: 15-80 LINE TABLE NO. BEARING DISTANCE 337 551 ·01 '29"E 71 .02 512·45'37"E 97.50 s1a·52'36"E 44.51 s42·23'36"E 47.01 S7217'58"E 67.62 579·39• 48"E 95.51 S87"57'04"E 95.04 N7911'07"E 38.02 / , , Jf ,__, 7 40 M. ':0 / 342-31-001 o/1 GUPTA TRUSTEE , DOC. NO. 14929781 ·~ 342-20-004 PLAT TO ACCOMPANY L£GAL D£SCRIPTION £XHIBIT 'D' LANDS OF STARBRIGHT Al PARTN£RS, L.P. SCAL£: 1" = 100' SH££T 2 OF 2 L&.1- ~ ...... ::Jtt ~~ ..-. ~~ 358 Cl) ST ARBRJGHr PAFT!NERS, LP. <O IO DOC. NO. 1707 4583 ~ 342-20-003 366 PARCEL TWO AREA=6.768 AC.+/- ...... ST ARBRJGHT P AFT!NERS, LP. ~ DOC. NO. 1707 4583 365 ~ PARCEL ONE !fl --364 363 N a9•53•39" E 270.53 --~~-{"r~~~~-------------~ 373 374 377 I 378 .~ z..IU..1 lb CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Set n ±rl cl t!LY[i\ On ltp n 1 f 21 1\)! lo before me, --~W~<J\~\~\1~.Q,~\\~~\ Q~J~h -t~V~------' Notary Public, (Here insert name and title of the officer) personally appeared ______ l _l_m_m_'°£'_V_rU __ ll'\ ____________ _ who proved to me on the basis of satisfactory evidence to be the ~(s) whose ~s) @are subscribed to the within instrument and acknowledged to me that !@she/they executed the same i~/her/their authorized ~Hvf ies ), and that by ~/her/the~ s) on the instrument th~ s ), or the entity upon behalf of ~~ ~ s) acted, executed tlie mstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • COLLEEN LETTIRE Commission II 2078124 ~ Notary Public • California I z Santa Clara County J. • , •• Jl !0 T'Ui txW'!' euJ t6·,2t1 &I (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or de sc ription of attached document co ntinued) Number of Pages 52_ Document Date 3-) L) \I \o (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ___________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknow ledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a documen t is to be recorded outside of California. Jn such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as th e verbiage does not req uire the notary to do something that is illegal for a notary in California (i.e . certifYing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and Co unty information must be the State and County where the docwnent signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be th e same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization . • Indicate the correct singular or plural fonns by crossing off incorrect forms (i .e. he/she/they, is /are) or circling the correc t fonns. Failure to correctly indicate this information may lead to rejection of document recording. • The not31)' seal impression must be clear and photographically reproducible . Impression must not cover text or lin es . If seal impression smudges , re-seal if a sufficient area permits , otherwise complete a different acknowledgment form . • Signature of the notary public mu st match the signature on file with the office of the county clerk. •:• Additional information is not req uired but could help to ensure thi s acknowledgment is no t misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date . ·:· Indicate the capacity claimed by the signe r. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach thi s document to the signed document C 2004-20 15 Prol.ink Sig ning Service , Inc -All Ri ght s Re se rved Ww\'1.ThePro l.ink .rn m -Na tio nwide No tarr Serv ice