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HomeMy WebLinkAboutOrange Avenue 87-02 Annexation ANNEXATION ORANGE AVENUE 87-02 1987 1 • Q Q 4 0 LOMITA AVE. W iC7 ' — — — — 4- Ac. ALMADEN-- AVE. w OLIVE AVE. APO znrf or- GI�Pf'i��It4a II Ati1G-tom AVe-, M-02� . C 3EOkGE ..cUKM-L7-MI. e—or DEPARTMENT OF TRANSPOr2TA T ION .� �-- �•... BOX 7310 SAN FRANCISCO, CA 94120 (415) 923-4444 I1f OVC1't2he2' 9' 1987. t Ms Dorothy Cornelius City Clerk, City of Cupertino PO Box 580 Cupertino, CA 95015 We need the annexation documents to complete the processing of the annexation. Annexation City Ord./Res. No. Orange Ave 87-02 7193 Please forward the following described documents pertaining to the above annexation to our office. Map of annexation. . . . . . . . . . . . . . . . 2 copies Description of annexation , . . . . . . . . . . . 2 copies City Ordinance/Resolution. , . . . , . . , . . . 2 copies LAFCO Resolution . . . . . . . . . . . . . . . . one copy Sincerely yours, BURCH C. BACHTOLD District Director B "- - 0 --.. y 41V K- -- ROGER TOM Assistant Local Streets & Roads En;,ine er Local Agency Formation Commiallor County uovernment Center East Wing 70 West He^Oma Stree, San Jose. California 9"10 County ®f Santa Cara ¢`' _ 299-4321 Area Cotle 408 California sy r . f4- r��T :Nip rn- ` r ACC' OO p 7, lam.{t Tl C7 CERTIFICATE OF COMPLETION c �® 41ot 5 c7 -c I , Sally C . Logothetti , the Assistant Executive Officer of the Santa Clara County Local Agency Formation Commission , issue this Certificate of Completion pursuant to Sections 57200 and 57201 of the Government Code. I hereby certify that I have examined the resolution for a change in organization attached hereto and have found this docu- ment to be in compliance with Section r.6826 of the Government Code authorizing cities within the County of Santa Clara to assume author- ity 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 an annexation A map and description of the boundaries of the change of organization is appended hereto. The title of this proceeding is: ORANGE AVE. 87-02 (uninhabited) . The change of organization was ordered subject to the following terms and conditions : None. 1 The date of adoption of the City resolution ordering the change of organization/ xKoEXp:xKkxxxkKx is June 1, 1987 Dated June 25, 1987 Assist nt Exeendtive 0 ficer Santa Clara County Local Agency Formation Commission Att : City Resolution \ Map Legal Description (17Rh An Equal-Opportunity Employer CITY Cupertino DATE OF FILING 6-25-87 Ordinance or Resolution: Uninhabited - Orange Avenue 87-02 acres Or square 1. Area involved in the annexation? o , ;z 4 es) 2. A. Assessed value (exclusive of all exemptions except the homeowner's and busi- ness inventory exemptions) of annexed area on the county assessment roll as of March 1, 1.987 (see item 4 below) . As" I, Z / o B. If estimated how was the estimate derived? 3. A. Assessed value of state-assessed properties (if known). B. Is this estimate included in item 2A above? Yes No C. If not known, are there any significant state- assensed properties located in the annexed area? Yes . No D. If yes, please list the utilities and describe briefly their properties: 4. We would prefer to receive assessed values as of March 1, 1987 rather than March 1, 1986. Values as of 1986 are acceptable,' but some estimate of the assessed value changes between the 1986 and 1987• lien dates is needed if there has been any significant activity in the annexed area between these two dates. If 1986 data is submitted, plea:: indicate so by correcting the year in item 2A and provide an estimate of value changes here. RETURN TO: Signed ��IV --Jr.1 l cJ Research and Statistics Division 11 State Board of Equalization Title P.O. Box 942879 Sacramento, CA 94279-0001 Date 7- �� Department of Land Use and Development Office of Use County Surveyor County Government Center,East Wing 70 West Redding Street County of Santa Clara San Jose,California 96110 -2871 (aoe)ass-ae7� California April 16, 1987 Dorothy Ccrnelius, City Clerk City of Cupertino P. O. Box 580 Cupertino, CA 95015 The attacb�d map and description of terrjt�ory proposed to be annev�d to the City of Cupertino entitled ORANGE AVENUE 887-02 is in accordance with Government code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Commission's road annexation policies. JAMES F. SIRR County Surveyor b Z�j&Deputy -- Attachment cc: LAFCO Executive Officer (w/attachment) Lavenia Millar, Engineering Dept. ® An Equal Opportunity Employer ORANGE AVENUE 87-02 (CONRAD/VASSALLO) All t;,.z certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southwest corner of Section 96 as shown on that certain map entitled "MAP OF SUBDIVISION "A" MONTA VISTA", which map was filed for record in the office of the Recorder of Santa Clara County on April 11, 1917 in Book P of Maps, Page 20; said corner being along the boundary of that certain annexation to the City of Cupertino entitled "ALM.ADEN 80-13"; Thence NORTH, 118.30 feet along said annexation "ALMADEN 80-13" to the northwest corner of said Section 96; Thence EAST, 105. 15 feet to the no .cheast corner of said Section 96; Thence SOUTH, 118.30 feet along the easterly boundary of said Section 96 and its southerly prolongation; a portion of said southerly prolongation being along said "ALMADEN 80-13". Thence WEST, 105.15 feet along said annexation boundary to the Point of Beginning. Containing: 0.29 Acres more or less. APN: 357-15-14 ti AI Q \ Q 2 � Q yjGAL� • 1`'%100' ��. ALr-iAne� vuvE, •LOMITA AVE. CD FA I V-�All-lf 0 ' O I ALMADEN AVE. W�sT OLIVE AVE. r.►'t`t c>� �V�P��T Igo ,�4:2�A06--ice AVe-, 131-02�0 Santa Clara County Local Agency Formation Commission Ph. : (408) 299-4321 County Government Center - 10th Floor , East Wing 70 West Hedding Street San Jose, CA 95110 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petition(s) the Local Agency Formation Commission of Santa Clara, County for approval of a proposed change of organization or reorganization, and stipulate(s) as follows : 1. This kroposal is made pursuant to Part 3 , Division 3 , Title 5 of the California Government Code (commencing with Section G6000, Cortese-Knox Local Government Reorganization Act of 1985) . 2. The proposed change of organization or reorganization is designated as : ORANGE AVE. 87-02 and consists of : _ consolidation of special districts formation of new special district incorporation X annexation to THE CITY OF CUPERTINO _ detachment from (name City/District) of 0.29 (number of) acres :4-+ *-he W (n/s/e/w) side of ORANGE AVE. (Street/Avenue) between LOMITA AVE. (Street/Avenue) and __LMADEN Ave .. (Street/Avenue): and (if applicable) _ annexation _ detachment of the same to/from (name City(ies)/District(s) ) 3 . A metes and bounds description of the exterior boundaries of the terri- tory( ies) included in the proposal , marked Exhibit A. and a map of said territory(ies) , marked Exhibit B. are attached to this petition and by this reference incorporated herein. 4 . The territory to be organized/reorganized is: — inhabited. ( "inhabited" = 12 or more registered voters) �.. uninhabited. S . This proposal X is consistent with the Sphere of Influence of the — is not affected city and/or district(s) . 6. The reasons(s) for the proposed ANNEXATION (annexation, detach- ment , reorganization, etc. ) is/are: TO OBTAIN CITY SERVICES. 7 . It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: N/A 8 . The person(s) signing this petition has/have signed as (check one) : X owner(s) of land within the affected territory- - registered voter(s) within the affected territory. 9 . The undersigned proponent(s) X do own 100% of the territory pro- do not posed for change of organiza- tion or reorganization. the d In the Prposed o lto be juae petition districttsl 'str°t(s) isiare ° �--'' LApCo• ation of dery it said dls ,sions are re- of the foral �ct(s) under osal. Prot/ 10 formed is/are. NIA inc in the PtoP is In If an lncot aPpr'. ntmenoration t of f cotdance ll• quested anaget City Treasurer ings be taWen vet ment ccode and City ae that Pr the Go City Clerk . oner(s) tectil n (S60QC et seq etitl of Se follows: Whth the sPrf,XsS gnatute(s) asC13IRF pEcee�three ecn herewith of not ex Electlnt Assessor s °—t px Nol_==" parcel es ��o . Signa Cloners Address N._--�" of peti tint StreetState Z1 15-U�� `please be r Cit nam nature • � '�° '' `� A�� — si "ho �e- O Ei �'� �• r�� .Z�� pho el 3/3 _.-- r _,.. � __--- _✓ landowner_ hone; t_--- or tot — bleed territory for tesier dent``t� uninha or involving territory is in ablted For P to o ProYosals involving h initlaroPosals orals - ** _ initiated PtoP Rev, 1/1/86 Santa Clara County LAFCO Ph. : (408) 299-4321 - Sec 'y County Government Center - 10th Fl . , E. Wing (408) 299-4716 - Exec . 70 West Hedding Street, San Jose, CA 95110 Officer SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted, in original and 5 copies , with any petition or resolution of application to LAFCO for a change of organization (annexation or detachment) or reorgani- zation (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sec. 56000 et seq. ) PROPOSAL DESIGNATION: ORANGE AVE. 87-02 Annexation ) )to&&R THE CITY OF CUPERTINO (City or Spec .District) ENVIRONMENTAL STATUS OF PROPOSAL X THE CITY OF CUPERTINO as Lead Agency for environmental review (Name of City/District) of the project, has already PREZONED DUNE 4, 1984 (prezoned? other approval action?) the territory on , and in compliance with CEQA, has : (date) determined that the annexation is categorically exempt from pro- visions of CEQA pursuant to Cal .Adm.Code Sec. (cite class exemption section) . X 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. LAFCO is to be Lead Agency for the environmental review of the pro- ject and the completed Environmental Information Form required by LAFCO environmental assessment staff is attached to this applica- tion. (Environmental staff phone: (408) 299-2521. ) Proposal is categorically exempt from provisions of CEQA pursuant to Cal . Adm. Code Secs. because CHARACTERISTICS OF THE AREA 1. . Number of acres 0.29± AC 2 . Number of inhabitants 2- -� 3 . Number of registered voters -a 4 . Number of dwelling units / 5 . a . What is the present use of the area (be brief , but specific) : SINGLE FAMILY RESIDENCE b. Indicate the parcel numbers of those parcels, if any, which are under contract with the County under provisions of the Williamson Act . C . What steps, if any, have been taken or are proposed to be taken to release the above parcel (s) from the contract? FILING DEADLINE: 5 : 00 p.m. or, the first Wednesday of the month, for LAFCO hearing on the second Wednesday of the following month. a 6. a . For city annexations, what is the prezoning that has been appli,3d by the city to the affected area (Note: Frezoning is a LAFCO fil- ing 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 � If YES, indicate the new zoning which will be sought. 7. For city or district annexations, describe the development being pro- posed for the territory. if any, and when this development is ex- pected to begin. N/A 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 LAFCO' s approving the boundary change as proposed: 9 . Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES NO 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 . ) r . 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 justifiej . SERVICES 10. Is the +.erritory proposed for annexation/gemcae aty u 'tsa-t Pt 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 aal,i�a�y acwcL ayaLc111 011u utaEJUShc Vicins f YGJ 1VV X If YES, what arrangements will be made to provide sewage disposal? 12 . Will the extension of sewerage and/or water services or the construc- tion 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. Sunn] . Anpl . - 2 13 . List all cities, special districts, ( including school districts) and County Service Areas located within the area of this proposal . (Ex- clude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importa- tion. ) (Refer to County Tax Rate Code Book for this information) : CUP :R TNO ELEMENTARY SCHOUT, DISTRICT MID PANINSULA OPEN SPACE DISTRICT FREMONT UNION HIGH SCHOOL DISTRICT CUPERTINO SANITARY DISTRICT FOOTHILL COMMUNITY COLLEGE DISTRICT For changes in organization of Districts, list all cities within 3 miles of the subject territory: 14 . For city annexations , list those cc•ncurrent or future detachments from Special Districts which are proposed for this territory. LANDOWNERS AND REGISTERED VOTERS 15 . Please provide the information requested below: a . Owners of land* within the proposed annexation/dft&%)4xw=XxW=x 7R & 4�R� 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 in names, addresses, etc. ) Assessor ' s parcel number , assessed land (not improvements) valuation, and, if 100% property-owner consent has been obtained, certification by City/ District Clerk, must be added prior to filing. Hearing not re- quired if 100% property owner consent is obtained. Assessed Signature Street Address/ Parcel Value of Date (Print name below) City/State/Zip Tel .No. No. Lard JO ANN VASSALLO 10241 ORANGE AVE. 973-8624 357-15-14 $54,660 ( If additional space required, continue list on separate sheet & attach. ) * "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll ; where such person is no longer the owner, then any person entitled to he shown as owner of lan9 on the next Assessment Roll ; where land is subject to a recorded written agree- ment of sale, any person shown therein as purchaser, and any public agency owning land . " Government Code Section 56048 . CERTIFICATE OF CITY/M)MT1M CLERK (Required for 100% Consent Proposal I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this applica- tion and that the -2— (number) signatures above represent all of the owners of property included in this proposal . I FURTHER CERTIFY that, pursuant to Government Code Section 56839, the City/District waives the requirement for written notice and gives consent for the Commission to make determinations on this proposal without.-Tfotice or hem/g. Date:_ City/Ib$ Iiwt Clerk (Seal ) City is of Suppl . Appl . -3 ` b. Owners of land within the proposed annexation/detachment/reor- ganization who do not consent to this proposal should be listed by name, address, parcel number and assessed land valuation below. Signatures and dates not required . Hearing will be held for less-than-100$-consent applications. Assessed Street Address Parcel Value of Name City/State/Zip No. Land N/A ( If additional space required, continue list on separate sheet & attach. ) c . FOR NOT-100%-CONSENT PROPOSALS, list all registered voters resid- ing in the territory proposed for annexation/detachment/reorgani- zation if different from the landowners shown in 15a . and 15b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip N/A ( If additional space required,, continue list on separate sheet and attach) 16 . Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Executive Officer ' 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 (1 ) _ (2) (3 ) 17 . 1 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. TRAVTCF. WHTTTFN 10430 SO- DFF, ANZA RLYD_ (Print name of person complet- C It PERTINO- CA 95014 ing this application) (Address) (Signature) (Date NOTE: It is a general LAFCO filing requirement that a copy of this appli- cation 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 applicant ' 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 . - 4 ��' •o►.o.:•o••o••o.�.o-•o :�o e '�� � �; _,!c'•'.o..., 'a o':o�.'�..:_. . `?►.� �..o. a.:� �..o ®. e r�. - ��♦' Its' at1'1 `AQ� ��' 1•� • . tiU•i. ♦ ♦ ♦' e�i i• ati' f•1v Z • 4 p, ♦ r • p!S. c'r. � e� I�t ♦i�� v�J� ' � 1�+• • ' a71�1 4�41 rt4 11,�1 ' R �♦ ♦ dfb, I�s Reba ! • {pp`` `{�C . EE 1AQr ♦QAJ; �A(� A ♦ p. l t a�4! 1�♦ 1.1 Ot4• 1,•YI ai�""� ♦��� ♦� SAl� ��♦' p`i` 1tV kv ♦ 4f�4 ♦ b ♦ !, ial. , ♦1�'' ,Yip .�i` r�•v Itt� `� a♦ ' 1 4 .. C J t'•'3� t `a,.�.�o •:�;a:.o.:� .a.-c.:.a.;�. �� - � ;:e.:a..o. .e..c..e�..o �'. • OWNER'S POLICY J.P.-LOAN C.17,.n..t—d ru.Auod..- S..nd-d C-14V Poll- F—7973 i�`�i� .'-�.�-fir: S.+!-3 f= Jam- Gam_? C/�.�j.+�.i r'-•.`.Es_�- �i.-t+_,` -mot_5 J9�.C�v.._�-`.�.•.``..����;_v_�...�..•�.�....�'..5�_t..._`. ..�r�... __-_ _ POLICY OF TITLE INSURANCE ISSUED BY t } t t TENVALn T' TITEE ' GUARANTY COMPANY } ' r { r 1 + ? i } SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE { GUARANTY COMPANY, a Texas corporation, herein called the Company, insures the insured, as of Date of Policy { + i shorn in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, } attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said } insured by reason of: 1. Title to the estate or interesi described in Schedule A being vested other°than as stated therein; 1 } { 2. .Any defect in or lien or encum`,rance on such title; + t ,) } 3. Unmarketabilitv of such title;or } } 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if } the land, in fact, abuts upon one or more such streets or highways; I 1 and in addition, as to an insured lender only: } { 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, { { or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon ! } y a. usury, or � t { b. any consumer credit protection or truth in lending law; } 11� } j 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule } B in the order of its priority;or t } 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. i 1 J) Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. } I ) STEWART rrITI.E } II GUARANTY COMP.N 1 l Chairman of the Board -41 x } Countersigned g✓-'ki 0 9, o t — \ President } � y i Authorized Countersignature Pane 1 of r PolicyCNJP 1501 0 9 6 7 0 6 .,VZZV serial Na. 151 C.I --;.L.—T,1.auo<r.:ron 5:.n0.. Co....p.iol�cv Form 19 77 SCHEDULE A GF or Order No,: 112481 ChEr 9 e: $755.00 Effective Date: SEPTEMBER 8, 1986 @ 8:00 A.M. Poi cy No.: CNJP 1501-096706 Amount S 175,000.00 Loan No.: 1. Name of Insured JO ANN VASSALLO AND KARL D. CONRAD, AND RADOVAN VASO ADZICH AM HELEN ADZICH, TRUSTEES OF THE ADZICH FAMILY REVOCABLE LIVING TRUST DATED MAY 19, 1980, OR SUCCESSOR 1N TRUST, AND THE KLEIN LIVING TRUST DATEJ JUNE 1980 494-649-8134 BERNARD KLEIN AID PAULA PESSAH KLEIN TRUSTEES Or THE KLEIN LIVING TRUST �. The estate or interest in the land described herein and which is covered by this Poiicy is: A FEE. 3. The estate or interest referred to herein is at Date of Policy vested in: JO ANN VASSALLO, A SINGLE WOMAN AND KARL D. CONRAD, A SINGLE MAN AS TENANTS IN COMMON 4. The land referred to in this Policy is situated in the State of CALIFORNIA County of SANTA CLARA , and is described as follows: SECTION 96 AS LAID DOWN, DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION "A" MONTA VISTA", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1921 IN BOOK "P" OF MAPS, PAGE 20. EXCEPT THE INTEREST IN THE EASTERLY 4 FEET OF SAID LAND, AS CONVEYED TO THE COUNTY OF SANTA CLARA FOR USE AS A PUBLIC ROAD AND HIGHWAY BY DEED RECORDED FEBRUARY 24, 1954 IN BOOK 2£20 PAGE 585 OF OFFICIAL RECCtiDS AND AS ACCEPTED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA RECORDED JANUARY 1.2, 1978 IN BOOK D402, PAGE 710 OF f1F-FICIAL RECORDS. APN: 357-15-014 COMMONLY KNOWN AS: 10241 ORANGE AVE., CUPERTINO, CA. PAGE 2 s'r j Ns*:k tz rr r g�r L i-. 15i2 aEV 480 Standard Coverage Policy Form 1973 OWNER'S POLICY-J.R. -LOAN - t 973 Policy No.: CNJP 1501-096706 SCHEDULES This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, e-.r or all of which arise by reason of the ,following: PART 1 1.Taxes or assessments which are not shown as existing liens by the recc ds 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 )f such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests cr clain'.s 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. 6. (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. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7.Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected or, the land, or prohibiting 3 separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordir—nce or governmen'al regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters 1a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claiman ; (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 been a purchaser or encumbrancer for value without knowledge. 513Re, 10.73 Page 3 S+TENVA1-1T TITLE i25M 5.851 GUARANTY C04PANY California Land Title Association Standard Coverage Policy Form 1973 OWNER'S POLICY J. P. - LOAN - i973 Policy No.: CNJP 1501-096706 SCHEDULE B PART 11 1. GENERAL AND SPECIAL COUNTY TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 1986 - 1987, A LIEN NOT YET DUE OF, PAYABLE. 2. 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. 3. AN EASEMENT AFFECTING A PORTION OF SAID LAND, THE EXACT LOCATION THEREOF C.NNICT BE ASCERTAINED OF RECORD, FOR THE PURPOSES IN FAVOR OF :PACIFIC GAS AND ELECTRIC COMPANY PURPOSE :A SINGLE LINE OF POLES AND WIRES RECORDED :SEPTEMBER 27, 1922 IN BOOK 559, PAGE 5�2 OF DEEDS 4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $150,000.00 TRUSTOR :JO ANN VASSALLO A SINGLE WOMAN AND KARL D. CONRAD, A SINGLE MAN AS TENANTS IN COMMON TRUSTEE :STEWART TITLE OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY :RADOVAN VASO ADZICH AND HELEN ADZICH, TRUSTEES OF THE ADZICH FAMILY REVOCABLE LIVID TRUST DATED MAY 19, 1980, OR SUCCESSOR IN TRUST, AS TO AN UNDIVIDED ONE-HALF INTEREST AND THE KLEIN LIVING TRUST DATED JUNE 1980 094-649-8134 BERNARD KLEIN AND PAULA PESSAH KLEIN TRUSTEES OF THE KLEIN LIVING TRUST, AS TO AN UNDIVIDED ONE-HALF INTEREST DATED :SEPTEMBER 3, 1986 RECORDED :SEPTEMBER 8, 1986 UNDER SERIAL NO. 8933526 OF OFFICIAL RECORDS INFORMATION CONCERNING THE ABOVE MENTIONED LOAN MAY BE OBTAINED FROM :HELEN ADZICH ADDRESS :C/O SCENIC REALTY 20863 STEVENS CREEK BLVD. 051, CUPERTINO, CA 95014 1 514 REV. 10-73 Page 4 QS T E NVA w T T I T L E (25M5.85) GUARA14TT COMPANY IcOFFI E OF COUNTY ASSE55^R - SANTA CLARA COUNTY, CALIFORNIA I o UBDIVISION o4TA VISTA —,z 5: '-ORANGE --AVENUE 10 ez ­1 50Boaz I.e ss -Fo)i;oo 3.i i 100' 50 ° iM L Lg _L .5.5 16 Lo _!S/ A? 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File Number(s) 4-EA-84 Application File Number(s? 1-Z-84 Date February, 27, .L984 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects tr- determine their potential impact on the environment. This worksheet is intended to provide guidance for both you, the applicant, and City officials in assessing a proposed project to determine whether it may or may not have a significant impact on the environment. If , based upon the information prorided- below, the City makes a determinat_on that your project may have a significant impact on the environment, you will be rer{uired to prepare an Environmental Impact Report as provided by State law and the City of Cupertino 's Environmental Assessment requirements. Detailed information regarding the environmental assessment procedure is ava i1- able from the Director of Planning and Development. Part I Information to be completed by the Applicant Project Type (Pre)Zoning Lx] Tentative Map 1 Other Use Permit 11-7 Variance 01(t Monta Vista Area generally x�nn< ec �y rana< a t�venue to flip net T "'Imperial Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of the Blackberry karm oCourse to tlie Tres Applicant City of Cupertino Address of Applicant 10300 'Torre Avenue, Ckipertino, CA 95014 Phone (408) 252-4505 Generai Description of Project I'rezone and rezone the above areas to zoning districts consistent with the General Plan. The pro1el_t site contains approximately 97 acres. Rev.7/8/80 -1- Description of Project (cont°d.) Specific Details of the Project 1. Size of Site N/A 3. Intensity of Development (a) If residential: (1) Number of units per gross acre (2) Residential Unit Schedule : Owner- No. of Size Estimated Total Rental ship Bedrooms Sq. ft. Sales Price Number Unit type #1 Unit type #2 Unit type #3 Unit type Ito Unit type #5 TU TAL (3) Percentage in area of building coverage Percentage in area of recreational open space (4) Farking required Parking proposed (b) If commercial, industrial, or institutional: (1) Building square footage (2) Percentage of building coverage of site (3) Estimate of maximum number of employees per shift (4) Parking required Parking proposed -2- Ouestions Related to Potential Impact of Proiect A. Social/Cultural Impacts: Yes Havbe No (1) Will the proposed project result in the dis- placement of people? X (2) Will the project alter the employment base of the community? X . (3) Will the project alter the housing needs of the community? X (4) Does the proposed project affect a historical or archaelogidal site? X (Note 1) B. Physical Impacts: (Page 4) (1) ' Will the project result in a change of a natural body of water, vegetative cover, or land form? X . (2) Will the project result in a change in a scenic view or vista from existing residential area or public lands or roads? X (3) Will the project change the development pattern, scale or character of general area of project? X 0) Will the construction and/or operation of the project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? X (5) Will the project result in a change in stream or ground water quality or quantity or altera- tion of existing drainage patterns? X (6) Will thn project substantially change existing noise or vibration levels in the vicinity? X (7) Is the ^ .ji 2ct site on filled land or on slope c ; 102 or greater? X (8) Does the project involve the use or disposal of potentially hazardous materials such as toxic substances, flammable or explosive? X (9) Is the project a phase of an existing or future larger project or series of projects? X -3- Description of the Environmental Setting Provide the following information on a separate attachment: (1) Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural , historical or scenic aspects. Describe any existing structures on the site, and the use of structures. A plot plan may be required for the description. 12) Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential , comme :- cial, etc. ) , intensity of lard use (one-family, apartment houses, shops, department stores, etc. ) , and scale of devel- opment (height, frontage, set-back, rear yard, etc.) . CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my _ ability, and that the facts, statements, and information pre- sented are true and correct to the best of my knowledge and belief. Da t eMAR-"t 2 [f�4 �.-�---e� (Signature) O) Tile project site is comprised oC eXI.-Lilig ►ac•ban clevelopmet►L incluclinrt :► acre io1E course and {►ionic ground recreot ion comillex . •I'he entire area has general historic value. A few str.uc•tctres may have greater Olstorical The rer .a rct 1o1l complex is located in Lbe vak.ue as separate entities. 100-year event flood plan for Stevens Crealc. (2) The project ,area is bordered by the told P'c�nta Vista c;i�rnnrrcial I ist•ric•t to the north, by the West Valley industrial Park Lc, tine easr and by single-family residential neighbonconds to the sn►ith and west . -4- Part 11 Information to be completed by City Officials. A. Primary General Plan Considerations: Yes Mavbe' No- (1) Is the project in violation of the City of Cupertino's adopted General Plan' �{ (2) Will the project burden public utilities and services? (a) Fire and police services X (b) Parks and recreation system X (c) Schools X (d) Water system X (e) Sewer system X (f) Storm system X (g) Solid waste X (3) Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa Clara County Local Agency Formation Commission? X B. Social/Cultural Impacts: (1) Will the proposed project result in the dis- placement of people? (2) Will the project alter the employment base of the community? X (3) Will the project alter the housing needs of the community? X (4) Does the proposed project affect a histori- cal or archaelogical site? X (5) Will the proposed project eliminate an existing recreational use at the project site? X (6) Does the proposed project decrease public access to any public body of water or recrea- tional area? X (i) Will the proposed project alter the location, distribution, density or growth rate of the human population of an area? (8) Will the project result in: Yes Mavbe No (a) The disturbance of a natural or man-made feature in the project area which is unique? X (b) The obstruction of a .scenic vista open to the public? X C. Physical Impacts: (1) Will the proposed project result in the exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? (2) Will the proposed project result in: (a) Unstable earth conditions or changes in geologic substructures? X (b) Disruptions, displacements, compaction or overcovering of the soil? X (c) Change in topography _r ground surface relief features? X ,(d) The destruction, covering or modifica- tion of any unique geologic or physical feature? X (e) Any increase in wind or water erosion of soil, either on or off the site? _ X . (3) Will the proposed project result in: (a) Substantial air emissions or deterioration of ambient air quality? _ (b) The creation of objectionable odors? X (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X (4) Will the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X (b) Alterations to the course or flow of flood waters? X (c) Discharge into surface waters, or in anv alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X Yes Mavbe No (d) Alteration of the direction or rate of flow of ground' water.? X (e) Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavation? X (f) Substantial reduction in the amount of water otherwise available for. public water supplies'? X (g) Exposure of people or property to water- related hazards such as flooding or tidal wave. X (S) Will the proposed project result in: (a) Change in the diversity of species, or number of any species of plants (including trees, shrubs , grass, crops, and aquatic. plants? X (b) Reduction of the numbers of any unique, rare or endangered species of plants? X (c) Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X (d) Reduction in acreage of any agricultural crop? X (e) Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X (f) Reduction•of the numbers of any unique, rare or endangered species of animals? X (g) Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ X (h) _Deterioration to existing fish or wildlife habitat? (6) Will the proposed project result in: (a) Increase in existing noise levels? _ X (b) Exposure of people to severe noise levels? X (7) Does the proposed project significantly affect the potential use extraction or conservation of a scarce natural resource such as agricultural land, a mineral deposit, or woodland? _ X _ zes LMavbe NO (8) will the proposed project involve the use, storage, or disposal of hazardous materials? (9) Will the proposed project result in : (a) Use of substantial amounts of fuel or energy? X (b) Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X (10) lill the proposed pro teat result in: (a) Generation of substantial additional vehicular movement? X .(b) Effects on existing parking facilities, or demand for new parking? X (c) Substantial impact upon existing transporta- tion systems? X (d) Alterations to present patterns of circula- tion or movement of people and/or goods? �( (e) Alterations to waterborne, rail or air traffic? X (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X (11) Mandatory Ffndings of Significance: (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X (b) Doe^ the project have the potential to achieve short-term, to the disadvantage of long-te•:m, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts wi11 endure into the future.) X Yes Mavbe Flo (c) Does the project have impacts jb ich are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) x (d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or Indirectly? 1 Discussion of Environmental Evaluation (Nate: Use additional .sheets if necessary. ) Determination: On the basis of this initial evaluation, the Environmental Review Committee finds: That the proposed project COULD NOT have a significant effect on the environ- tient, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION. n That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described on an attached sheet have been added to the project. It is recoma:ended that A NEGATIVE DECLARATION BE PREPARED. F-1 That the proposed project MAY have a significant effect on the environment, and an ENVIRC'1MENTAL IMPACT REPORT is required. Date 7-7 h man, Environmental Review Committee CILV t,f Cnl,rt t ino NI.'(:A'I'I VI; DFIC .ARA I I1M. /1v ltrov itic•c) by i he linv i roo u•rtl:t 1 A::cr~s:mert! 1'rorrclttrr, ;Idol,l r•tl by t l,c C 1 I V Conned of tl,c• cII.y of f;ulurt [no r,o M;trt•l, 27, !'171, ar. amrncletl , Llie followtni; tirsrr flied pro jec•t w.ts grant ed a Nvj,:,l ivt• Ilex Ior:,l ion by I I,e CI Ly Counci I of Lhe CiLy of Cttl,erl his t,ti M;tY 21 , 191i4. I'l'o jet_L DC';t_r ills hio ;17ttl Loral. Jos) Aleltlic.atioo 4-17.A-84 Ai,l,lIcmil : (;it }• 1-1 Ctilu,rLirto (01t1 h1otlLa ViSL;, arc:,) I•ocat ioil Crnc•ra I I v 1001"Idecl l,y Gr:o,aclo Avvime to (lie north, im1,c•rfaf Avenue to file east , Mrl:l c i s ilo Road if) the goof !t rtrttl by t l,c wrtiit.•r Iy ho,r„clal'y of Il,e illac.kherry Pit t•m Co I f Course to Ole west . I)lsa_rt l it,ttnrY At:l inn Itt_tictc!;L : I'rt•7-oov mid rrzont- o1'I,roximotely 97 acres within ( lie Old Mottta Vista rtre;t to RI-?t 01-1tlettt I.-If SIt's,le-(ntttf10 , V I -7.5 (Res I(lei)Vi:tl Siny;le-fan)llV) . V (!'inonrcl Develoi,tuent will, a RL•Sit1c•ol I:tl 4 ./1-12 tiwel l Jill, unils ltrt• gross, acre) , I' (!'Inontc) 1►tvrlol,nuot will, a Resideol- Ir, 1 4 .4-7. 7 dwell ior. ::nits, l,er y;ro :r. ;trt•,•) , 1' (I'Ir,nnotl Ie'velol,mool will, I.iytl,t Ioti,cslrlal :u,tl Rrsicf(•111 In1 ) , V (I'lmiltetf ih.vc•lol,ntt•ttf Willi Ayirlroltnrt /i(errtattonal ) , and i111 (1'1110ir 111)11(1111/;) >,nninl-, dIstrlrl'.. -i?inciings of Des: I'sionmakini_,_Body Tliv CILy Cmmcil y,r;o,Lrcl ;t Negot Ivc 11erl:tr:t1 lot, :;sort llic l,rojort is con: [sieol wlLl, the Genera( 111an ;tntl ImS no siy;oif Ic•;ttt( environm -tif.al Itnl,:tc•(s. I:lnx•s 11 . SI-,k 1'lannfni' 1)J rc•c tor This is to certify that the above Negative Declaration teas riled In the office of the City Clerk of the City of Cupertino on May 22, 1984. eputy City Clerk