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HomeMy WebLinkAboutPerez, Byrne Ave 02-08 Annexation APN 357-11-005 ANNEXATION-PEREZ,BYRNE AVE. 02-08 150 RESOLUTION 03-064 2003 Wis docurnW has NLAFCO not been compared�UN C Ric-RECORDER Local Agency Fomtation Comnibdun of Santa Para County SAN'TA CLARA Doco- 16970347 52 AM 4/16/2003 CERTIFICATE OF COMPLETION a I,Neelima Palacherla, Executive Officer 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.03-64 for a reorganization attached hereto andhave found this docimient to be in compliance with government Code Section 56757 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(s)from the following: Santa Clara County Lighting Service Area A map and description of the boundaries of the change of organization is appended hereto. The title of this proceeding is: Byrne Avenue 02-08 (Uninhabited) '"he City has complied with all conditions imposed by the Commission for inclusion of the territory in the City s Urban Service Area The date of adoption of the City Resolution ordering the reorganization is 4/7/2003. I declare under the penalty of perjury in the State of California that the foregoing is true and correct. Dated: NeAima POacherla,Executive Officer LAFCO of Santa Clara County 7.Q West Hedding Street• I I th Floor.East wing•San lose.CA 95110•14081 299-5 1 27 • 14081 295-1613 Fax•www.santaclara.lako.ca.gov COMMISSIONERS:31anca Alvarado,Don Gage. Suzanne Sackson.Unda LeZotte.Susan Vcklund Wilson EXECUTIVE OFFICER:Neeli►na Palacherla RESOLUTION NO. 03-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITE'OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED"BYRNE AVENUE 02-081110 PROPERTY LOCATED %JN THE NEST SIDE OF BYRNE AVENUE BETWEEN GRANADA AVENUE AND HERMOSA AVENUE;APPROXIMATELY 0.41 ACRE,PEREZ (APN 357-11-005) r WHEREAS, a petition for the annexation of certain ; )ry 0 the City of Cupertino in the County of Santa Clara consisting of 0.41±acre on ate west -;,'.de of Byrne Avenue between Granada Avenue and Hermosa Avenue (APN 35 -11-C r. ) has been filed by property owners RicharA and Grace Perez;and W:IEREAS,on March 17,2003,the City Council adopted Resolutic;,a No. 03-053 s initiating proceedings for annexation of the area designated`Byrne Avenue 02-08';and WHEREAS, said territory is uninhabited and all owners of land included in ttie proposal consent to this annexation;,and WHEREAS, Section 56757 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 sighed 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 56757 of the Government Code for the annexation of property designated "Byrne Avenue 02-05", more particularly described in Exhibit$'A$; 2. That the following findings are made by the City Council of the City of z Cupertino: z • 4 Resolution No. 0:-s-064 Page 2 , a. That said territory is uninhabited and comprises approximately 0.41 acre. b. That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy of annexing when providing City services. 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. y d. The City Council on May 21, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino Pre RI-8 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. ,Y g. That the annexation is made subject to no tam and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to by.; definite and certain, and in compliance with the Con:--mssion's road annexation policies. The City shall reimburse the o,nty for act W costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does W 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 CTovernment Code. 3. Than said annexation is hereby ordered without electionn pursuant to Section 36937 et seq.of the Government Code. 2 Resolution No. 03-064 Page 3 4. That the Clerk of the City Council of the City of Cupertino is dr:ected to give notice of said annexation as presccnnlx d by law. BE ff FURTHER RESOLVED that upon c,mpletion 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 olrthe City of Cupertino this 7th day of April 2003,by the following vote: Vote Members of the gly Council a AYES: Chang,James,Kwok,Sandoval,Lowenthal NOES: None ABSENT: None- ABSTAIN: None ATTEST: APPROVED: z; /s/Kimberly Smith /s/Michael Chang j City Clerk Mayor,City of Cupertino TRW FS TO VgWr"Ii r TUC W1TRM INSTRUMENT IS A TRLIeAND CORRECT COPY OF THE ORI INAL IN THIS OFFICE. AT i ES7 .�"�--•�✓� CITY CLERK OF THE C CUPERTINO HY �^ CITY CLEI?K 1t 3 k k3 1 F p EXEITTBIT A ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVE.02-08 MARCH 2003 All that cat6m real property situated in the County of Santa Clara unincorporated area,State of Califami.%more particularly descn1W as follows: Being all of Lot 28,and a portion of the dedicated 10-foot strip,'Tract No. 150 entitled"Stevens Creek Subdivision' girded in Book 5 of Maps,Pages 4 and 5 in Samoa Clara County Records. Beginning at the ioaiELwesterly corner of the annexation to the City of Cupertino,entitled"Byrne Ave.82-QV%tad point,AUo lying on the easterly boundary of the won to the City of eta J 41yrne Ave-nut 0I-W,theme along the said aeon Byrne Ave.82-04 Soutk dlm 102.18:feet to the easterly prolongation of the northerly line of said Lot 28 and the mlft POINT—OF BJSGl1 MING of'4•s,description, 't ite ea �lotig Byrne Ave.82-04 South a distance 60.00 ' �: avittg the said ai ByrneAve.82-04 and along the easterly prolo ngation fi of the sort terly'- . 'si id.Log 28 aid airnrg the southerly line of said Lot 28: I most r ee f 31I 43 feet, re or less to the easterly boundary of the ammation to`�e' c 4wo- emm c etlittleEl"Blackberry Farm 9Y-D' I mce along'said b"" ercg►�91-0 and westerly line of said Lot 28 the fallowing MOM 2. N 15°04'00*a distance of 12.31 feet; 3. NW43'30"Ts a distance of 48.25&d to t1be nord ly line of said Lot 28; Thence atone said northerly line and the easterly prolongation thereof f` 4.1 Past a&U too of 309-.01fieO more or less to the easterly line of said 10-1oot strip and tP T,, mE,Ft?Il+I'I`0p'B +GtNhtIl�iG: Camaiinirg'18,726 sgaare feet(0.430facres) A.P.N.357►11-005 C ,AND �c 6/ ��a cap. �}qN° L6113�o���Q w �F can 3 i t. 5 i . 5 Eat Gt�+c eL, �• . 30 PRoR�o`a�D �eri�j�tA'teo�t Y� 15 r* LAIC-: 12-12�� S t.E R`t=tea t y LOMIIA By : wE*oef -,..4aNr , L56313 \4WfWMAP Grt LotArm fty _ � • �t�3tE�AT�0+� -3 t CA T &AAWAVA ME FA I F ®--ay `-05 Q'o � AA a _ o MAP ®c SvQ' t APO 357- 1 t_905 i Q 436ACS %`° dr Mop! �OtSTA eA&T 30_.9-3, t®` P--M--zo ..� z7 X 70 It W� a z.4 x 9 Exi•----�-- o � � ec' NQ L6713 �P SST to®.15 4� OF CA���� N x �. �3 .pit To A-W46K o t �-M of �ap�Tt*t� ----�---• - ►®� Tppe Qm1x1 of G%twin l-0041TA Syftol A-If City Hall 10300 Torre Avenue C uperdw,CA 95014-3202 TelVhone:(408)777-3223 C! 0Y FAX (408)777-3366 CUPIERvIr INN OFFICE OF THE CITY CLERK April 10,2003 Lois Sklar' I' Deputy Clerk of the BoardILAFCO Clerk Santa Claau Ccun y Local Agency Formation Commission County Achainistration Building 70 West Fielding St.,I&Floor San Jose,CA 95110 Re aceirgarimon-"lfiyn►te Avenue 02-08" ResoW.on.Q3 was adop*on April 7,2003,for annexation of property to the City of Cupertino, k Y hsve-enclpsed�e folli►wuig r • Statement of Bomdary wage(2 copies) • Certified copies of the resolutions(6 copies) • Vt�'aaoats: • $340 for final filing fees • $WQO forl.yr.,aoor4VarEl to the State Board of Equalization for annexation fees • M�c�lirmt�nga�esses(�>�opies). • Alphabetical lis$ofbtiettswitbin the affected area • SOrrroo:'s stateinent The Assessor's'statement has been forwarded to you directly by Sue Stone in the Assessor's office. This territory will be taxed with others already in the City. Sincerely, Grace JAnson Deputy Olypevk rN. Printed on R eCyded Paper cs City Had! 10300 Tome Avenue Cupertino,CA 95014-3255 Telephone:(408)777-3223 ffA.°l: (408)777-3366 CUPE- i - -- OFFICE OF THE CITY CLERK 3 April 17,2003 To all interested agencies: Re: Reorganintion for"Byrne Avenue 02-08"— 1009113yrne Avenue x The Certificate of Completion for"Byrne Avenue 02-W'was recorded on April 16, 2003. I M Vwk0SHIS,a copy of Resolutions 03-064, as well as a ropy of the Certitic Of Com-twos. _ Sit�erei r= Grace Johnson. A DeputyCity ChA Encl.: Resolution No`63-0,64 and Certificate of Completion A: s r <l i 5 P^W.an Racyc"Fd Vw eOE- Q6TA REV.1 CJ40 STATE OF CAtdFQMA WATEMENT OF BOUNDARY CHANGE BOARD OF EQUALIZATION em UMOLY pbM map to ft S,W o+6WARNOW.Tax Ama SeAdWSSedbo.450 N S Waft ' P.O.arc 942879.Sasramasfa.C8No6Ws 942794M B.O.E.Fite No.: . Santa Clara t#: 43 1 Apnow, .41 1 For.$ 300 ReSJOrd.No.: 0 -06 Cill Of Cu ertino I LAFCa Res.: SbW Fang atio€!: $ e Avenue 02-08 E f a Data: 41710 3 !. fypsof 01 Ammalim to die" 06 Contolidalkin od TRA's 10 Rm! i X 02 lOsetalre to ft $ df7t froert distrta2 11 Name channe (olWkons 88plunlutlon oft1ilttr6ct 12 Regrowdz0an 9S cumak atitm of digit 09- D 13 School MsM ShM COMMI NAW 03TWT HAMIE 2 Santa_Clara County Lighting Ligbtkg Service. �1 District sin: lnttabited� � Qa Flo !Nl NumberofArma3: one twdbwixA fft adtiotsd Wig be tared for adoft bw Wed*deb s cr ux&aCWW cbft8*m as.set forth by to Wm and >y' Xawymomas stet d In ttcl,moRitten. V;u not a taxed tegftocnmcr cectitraetual obCstatit hs. iL ti i q XAn Wsctko aut wb tng the acme wa hekf`an TmS atum is sm from emchDn: IL Enefssad are Fees % s and LWoilln g documents X LeO desert an X Assessor !numbs s)of affected terrlto ofof 9ftm Resolution of condutai CouW and es letter of TRA ssslgmmt Owdficate of Camphetlon#A'FCO only) (axwelidated cowdies only) T. OW X Ma of adtkesae�s m X Vic 2 c boundary X l list of ell Sheets*Wndie a'%cW area to kwk de hSOM and endim stcW Mbem Chang" Esil=tsd IatJonls: OW. t tzla •sa. Acaon tn0 to sectton 641163 of the Gov a nmetml gods,copiers of*no documw to must be tliedrrith the euiunty aarditoi and couerty assessor. t3 W ofEg a wflon wig edmawfedpa mwipt of Ming[o: Now Ruth Marston ' um C}ISi Deguty Clerk of the Board AGOW Santa Clara Countno swamarr 70 W. eddin treat 0th CRY VPC E San Jose 95110 T$t.EPrAi e FAXtO 2 t ruth.maratonAosco.santa-elara.ca.us 1TUlt@ OF AG£NGY AFFICEa CAN y E� �o Ado orb CNI-I told tAPR oll pv� m op � d gyp SURUIV D F Zs ,�► � T No Ls1aQ= �t�l o3 V�•Ad' L :ci40 '/�� QU eF Q ©Ct r r RESOLUTION NO.03-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED"BYRNE AVENUE 02-Or,PROPERTY LOCATED ON THE WEST STILE OF BYRNE AVENUE BETWEEN GRANADA AVENUE AND HERMOSA AVENUE;APPROXIMATELY 0.41 ACRE,PEREZ (APN 357-11-005) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated"Byrne Avenue 02-08"from property owners, Richard and Grace Perez;and WHEREAS, the property, 0.41+ acre on the went side of Byrne Avenue between m Granada Avenue and Hermosa Avenue (APN 357-11-005) 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 21, 1984, to City of Cupertino Pre R1-8 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 WCUs 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 '".837 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; R.; Resolution No. 03-053 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and vill consider annexation of the territory designated"Byrne Avenue 02-08"and detachment from the Santa Clara County Lighting Service District at their regular meeting of April 7,2003. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this I7th day of March 2003,by the following vote: Vote Members of the Citv Council AYES: Chang,James,Kwok,Sandoval,Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Michael Chang City Clerk Mayor,City of Cupertino t 2 EXHITBIT A ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVE. 02-08 MARCH-o3 All that certain real property situated in the County of Santa Clara unincorporated area,State of California,more particularly described as follows: Being all of Lot 28,and a portion of the dedicated 10-foot strip,Tract No. 150 entitled"Stevens Creels Subdivision"recorded in Book 5 of Maps,Pages 4 and 5 in Santa Clara County Records. Beginning at die northwesterly corner of the annexation to the City of Cupertino,entitled"Byrne Ave. 82-04",said point also lying on the easterly boundary of the annexation to the City of Cup;ttino,entitled"Byrne Avenue 01-05",thence along the said annexation Byrne Ave. 82-04 South a distance 102.18 feet to the easterly prolongation of the northerly line of said Lot 28 and the TRUE POINT OF BEGINNING of this description. Thence continuing along said annexation Byrne Ave. 82-U4 South a distance 60.00 feet; Thence leaving the said annexation Byrne Ave. 82-04 and along the easterly prolongation of the southerly line of said Lot 28 and along the southerly line of said Lot 28: 1. West a distance of 311.43 feet more or less to the easterly boundary of the annexation to the City of Cupertino entitled"Blackberry Farah 91-0"; Thence along said Blackberry Farm 91-0;.ad the westerly line of said Lot 28 the following courses: 2. N15°04'00"W a distance of 1`.51 feet; 3. N06°43'30E a distance of 48.25 feet to the northerly lime of said Lot 28; Thence along said northerly line and the easterly prolongation thereof 4. East a distance of 309.03 feet more or less to the easterly line of said 10-foot strip and. the TRUE POINT OF BEGINNING. Containing 18,726 square feet(0.430 acres) A.P.N. 357-11-005 Sty© LAND CH114, Lit`o 0vo N2 L6713 q�of cau�°�� IT 3a �RoYa�E� AMA CYAVION tb Sty e i tom, 1-sMttA Vf AtcatY asap G.r, b waTs ' / AMC-XA'rt o+.� VasT CAAMAMA z a- uj Z9 - + ' t ce+ cn �- EA�s Z 9�'a 3 x + MA vF. a P ,� � � � �4p!►t �i5?- 1 t- Doi ��o � ® �, � ��t8� � `tt�'�� 0 -�C o .43®acS _ -'� 27 31 qvE' Al a \, tee P� LC +' .'fir CALF 10,00 ND � � � • VJEST 14 0.15" Q1zo�Et�T''f fi`r1N�i'� Woo IRA- ?Otxf OF BEG04WACI L.v p PC-P-T't le AA- , City Ball 10300 Torre Avenue Cupertino,CA 95014-3202 Telephone:(408)777-3223 FAX: (408)777-3366 CUPEkINO OFFICE OF THE CITY CLERK March 19,2003 TO: ALL INTERESTED PARTIES ANNEXATION: "BXRNE AVENUE 02-08" I am enclosing a copy of Resolution 03-053,which describes the boundaries of the subject annexation and sets April 7,2003,as the date for consideration of annexing the area described as"Byrne Avenue 02-08"to the City of Cupertino. The resolution was adopted on March 17,2003. Council meets at 6:45 p.m.,City Hall Council Chamber, 1a300 Torre Avenue,Cupertino, Catifo*nia. All interested parties may attend and be heard. Sincerely, Grace Johnson Deputy City Clerk A PdnWonReavwbarP county of Santa Clara GoU r Environmental Resources Agency "ding tnspecilon/Land tgirtt�ring Development Er p and Surveying county Government Center,East wing d 70 west Hedding Street.71h Floor San Jose.California 95 i 1 O Bldg.InSpec.(408)299-5700 Land Devel.299.5730 FAX 279.8537 %vww.sccbuitding.org March 13, 2003 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino,CA 95014-3255 The attached revised map and description dated March 12,2003 of territory proposed for annexation to the City of Cupertino entitled MRNE AVENUE 02-013 is in accordance with Government Code Section 56757 (c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local! Agency Formation Corurossion's road annexation policies. Martin D. Marcott County Surveyor Attachment cc: LAFCO Executive Director (w/attachment) Nancy Lee Rich Perez Board of Supervisors:Donald F. Gage,Bianca Alvarado,Pete McHugh.James T.Beall.it,Uz Kniss County Executive:Mchar+d Wittenberg ,a,o EXEIITBIT A ANNEXATION TO THE CITY OF CUPERTINO BYRNE AVE.02-08 MARCH 2O03 All that m in rod property situated in the County of Sacra Clara unincorporated area,State of California,more particularly descried as follows: Being all of Lot 28,and a portion of the dedicated 10-foot strip,Tract No. 150 entitled"Stevens Creek Subdivision"recorded in Boole 5 of Maps,Pages 4 and 5 in Santa Clara County Records. Beginning at the northwesterly corner of the annexation to the City of Cupertino,entitled"Byrne Ave.82-04",said point also tying on the easterly boundary of the annexation to the City of Cupertino,entity`Byrne Avenue 01-05",thence along the said annexation Byrne Ave.92-04 South a distance 102.18 feet to the easterly prolongation of the northerly line of said Lot 28 and the TRUE POINT OF BEGINNING of this description. Ibmee continuing along said annexation Byrne Ave. 82-04 South a distance 60.00 feet; Them leaving the said annexation Byrne Ave.82-04 and along the easterly prolongation of the southerly line of said Lot 28 and along the southerly line of said Lot 28: 1. West a distance of 311.43 feet more or less to the easterly boundary of the annexation to the City of Cupertino entitled"Blackberry Farm 91-0"; Thence along said Blackberry Fame 91-0 and the westerly tine of said Lot 28 the following courses: 2. N15°04'00"W a distance of 12.51 feet; 3. N06°43'30"E a distance of 48.25 feet to the northerly line of said Lot 29; Thence along said northerly line and the easterly prolongation theref 4. East a distance of 309.03 feet more or less to the easterly line of said 10-foot strip and the TRUE POINT OF BEGINNING. Containing 18,326 square feet(0.430 acres) A.P.N. 357-11-005 S�Q iAN0 �W CJ/����e�o N2 L6713o��`�. OF CAS t. pF, pi x t { x } Tic CWT ®F CUFCR nmo Lot4trA ITA e : 1ce)4" vlwAir , L56713 ki VIW4W p4AV CiTY bmm da-y- 4 W ; - A N � t0A b Pv N N Z? °p t a MAP of SJOP. � ems. 1404 M N15TA EASE' Sot• TT 27 No 215 v 6/ 2-4 , o es� N°- L6713 4 oP cAUF°�� is C-AST le-'.f5 i Nx L ���• x Q � Tt AN9 v�ESr �4o�i5' IP1,e0 'Mue ?.9tg OF 9%) 9144 LoMiT► A-JE- G1� . county of Santa Clara coUNr�. Environmental Resources,Agency office of Devetoptnent Services county Government Center.Fast Wing 70 West Hedding Street. 7th Floor San Jose.California 95110 �9��•�C F'�� Bldg.Inspec.(4vS)299-S700 Land Devei.299.5730 FAX 279 M7 vwvw.sccbudding.org January 10,2002 Grace Johnson,Deputy City Clerk City of Cupertino 10300 Torre Avenue Cupertino,CA 95014-3255 The proposed annexation entitled DIME AVE, 0'-08 is not in accordance with Government Code Section 56757. The boundaries are not definite and certain in the following respects: EXHIIBI'1'A: • Please follow SAMPLE Description Requirements,especially "call out existing city boundaries as prunary calls." (Enclosed is a copy of a previously recorded annexation description that you may use as an example.) EXHIBIT B: • No corrections required. Please .-!i',w the date of revision on any subsequent description and return three(3)copies(signed and sealed) to me when you resubmit this a.trtexatfon proposal. If you have any questions,please call sae at(408)299-5739. Very truly yours, Ninny Millar Engineering T clutician III Enclosures cc: Nancy Lee Kenny Wong KW Engineering 516A Valley Way Milpitas CA 95035 Board of Supervisors:Donald F Gage.Blanca Alvarado,Pete McHugh,James T:Beall.Jr..Uz Kniss county Executive:Richard Wittenberg .mo City of C (409)777-3249 10300 Tone Avenue t Cupertino,CA 95014 PETITION for proceedings pursuant to the CORTESE-K VOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 3 The undersigned hereby petition(s) the City Council of the City of Cupertino for approval of a k proposed change oY organization or reorganizations,and stipulate(s)as follows: I. 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). £v 2. Ike proposed change of organizatiou is designated as:„ 4 . BYRNE AVENUE 02-09 Situs Address: 10091 Byrne Avenue :. and consists of annexation to CITY OF CUPERTINO detachment from (name City/District) of 0.41 acres on the west(n/s/e/w) { 3fi ' side of Byrne Avenue`(Street/Avenue) n bety rr Granada Avenue (StreeMvenue) and Hermosa 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 and a map of the said territory(ies),marked Exhibit B, are attached to this petmon'and by this reference incor-orated herein. 4. Territory to be orpnizeaVreorganized is; inhabited. a ("inhabited" lag at rtnore rted voters) uninhabited, } 5. This'praposal,_.,,,&,js consistent with the Spha v of Influence is not of the affected city and district(s). A Cupertino: Annexation Petition,page 2 6. The reason(s)for the proposed anneaadon (annexation,detachment, reorganization,etc.)istare 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: A.11A 8. The person(s)signing this petition hasihave signed as(check one): X "mer(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,petitioners)request(s)that proceedings be taken in accordance with the provisions of Section 56000 et seq.of the Gov#.T meat Code and herewith affix signature(s)as follows: CHIEF PEIMONERS (not to exceed three) Signatures of Petitioners (Please mint Street Address Assessor's Election name belovv) City tate%ip Parcel No.* or Precinct No.** &cA%q rat T ?crez, !®ors 14)jrAe Awe- WI-01-®od' ( 'gn here Date: I 151O'Z Phone: (y0q)W - XI1'7 ftA U ., ign here 4� Daze: 1 7S ®Z Phone:(W) 2S,� -�12_ For proposals involving uninhabited territory or for landowner-initiated proposals. For proposals involving inhabited territory or for resident-voter initiated proposals City of Cupertino (408)777-3354 10300 Tone Avenue Cupertino,CA 95014 SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplenienial application must be completed in fill and submitted with any petition to the City for a change,of organization(annexation or detachment)or reorganization(multiple annexations andlor detachments)made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985(Government Code Sec¢. 56000 et seq.) PROPOSAL I3ESIONATION: I# E AVIEIiT[JE 02-08 Annexation to IC1':t`Y OF CUPERg°Y11T0 (City or Spec.District) ENVIRONMENTAL STATUS OF PROPOSAL XX r CITY OF CUPERTINO,as Lead Agency for envimnmeatal review of the project, (Mama of Citymistrict) has akva Mezoned the territory on 1VIav21,1984 (p�zonael?other approval'a Lion (date) and iucornplianee with CtA, determined that the annexation is categorically exempt from provisions of CEQA pursuant to Cal.Aden. Code Sec. (cite class exemption section.) J completed l an Initial Study and Negative Declaration for the annexation,a copy of which is attached to this application. completed a Final E1R for the annexation,a copy of which is attached to this application. City of Cnpwtinq City Council1s,to be Lead Agency for the environmental review of the grtyect-bnd the completed Environmental Itnfomw ion Form required by Planning staff is ;Ut ched to Ws applicaalion. (Planning staff phone,. (408)777-3309). P assl is c tegctrWally exempt ms -00ndigns of C A pursuant to Cal.Adm.Code K Suppl.Apt.4- CHARACTERISTICS OF THE AREA 1. Number of acres 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 Residence b. indicate the parcel numbers of those parcels,if any,which are under contract under provisions of the Williamson Act. N/A G c. What steps,if any,have been taken or are proposed to be taken to release the above parcel(s)trom the contract? N/A 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):Pre -S b. Does the applicant intend to propose a change in this zor-ug if and when the territory is annexed to the City? YES�NO X If yes,indicate the new zoning which will be sought? t; 7. For City or district annexations,describe the development being proposed for the territory,if any,and when this development is expected to begin. Build a new Single Fg Dwelling. Development to begin upon annexation. S. 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 snip? e. Descr3ibe present and proposed sew..:and water services in island: f Does the,proponent request waiver of restriction against creation of an island? F YES NO N 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 z urban service aVa YES X NO ` 11. If new de 1 pit opn:t, pr4pos cl on the site;will this new development be permitted without commun4 sewag discharging into an existing sanitary sewer system and disposal plant? YES NO X If YES,what amagemerna :rill be made to provide sewage disposal? Suppl.Appl.-3 r. 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 act? 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. $ /W.for 13. List all cities,special districts,(including school di. and Courry 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): Catterti ng ElemiMUn..School Cupertino&a tarn Mddetet Fremont 1holon IIimbScheot istct Mid-P,etrinsata Ooed Saaee Disstrict F®othiH Community►Collars District Central lt+ re Frutee�ian Santa►Clara County L dWkie Sew LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land*within the proposed annexation/detachmennt/reorgmuzation 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 tjpe 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 Richard I Perez 10091 Byrne Avenue (408)252-2797 357-11-005 $835,300 Grace Perez Cupertino,CA 95014 x-> *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 retarded written agreement of sale,any person shown therein as purchaser,and any public agency owning land." Government Code Section 56049. 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 (1) Mr.&Mrs:Richard J.Perms 10495 Byrne Avenue Cupertino,CA 95014 f; 16. I hereby elm*that all LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate. RALPH A.QEALL&JIL 10300 TORRE A F (Print name of person completing this CtTPER'1'IloTO.CA 95014 application) Litt 12 , OZ (Signature) (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 be, met. r A S 1.Appl•-5- CERTIFICATE OF CITY CLERK(Required for 1 Ot3%Consent P sal I CERTIFY that I have checked the n:unber of owners of property located within the annexation/detachmenttrwrganization proposed by this application and that the a (number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTr` that, pursuant to Government Code Section 56839,the City will make determinations on this proposal without notice or hearing. Date: C�2n l r, .2&o z- City Clerk r (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 iea� 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 atta cti.) b. FORNOT-1OU%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 NWAT l Vlf DECLAIRAT I ON•* Key 21 , 1984 4%8 provided by .Lbeg Fawtrousaeutal.Aeowasmout Procedure, adopted by the City Councl 1 of ties- City ot. cupert into on March 27, 1971, as aw.aded, the following described project was granted a t akat ives Do4ilarration by tl:o•City Council of tha City of Cupertino on May 21, 191M. Pro ject M-scrLpt ian and I.tlr.Ation AppIWation 4-M-84 Applicant: City of Cupertino (Old Manta Vista area) Location: Generally bounded by Granada Avenue to the north, Imperial Avenue to the east, McClellan Road to the south rand'by the westerly boundary of the Blackberry Farm Golf Course to the west. Discretionary Action Request: Premone and remine apprasicmately 97 acres within the Old Kanto Vista area to RI-S (Residential Single-family), R1-7.5 (Residential Siugte-framily), P (Planned Development with a Residential 4.4-12 dwelling units per gross acre)*, P .(Planned Development with a Residential 4.4-7.7 dwelling units per gross acre). P (Planned Development with Unlit Industrial and Residential), P (Planned Development with Agriculture/Recreational), and_BQ (Public Building) zoning districts. Findinre of Dei1sionsnaking Sady . _• The City Council..granted.a'Negntiv a "in as�ctstent with the Ca;neral'plan ff this image appears cut-off :���" y or is not as legible as this overlay,Ws due to the poor . . • ` .r •.. `". ' . � • quality of the original document c' This W to certify that the above ReBstive Welaratimn was filed in the or'foior at the City Clerk of the City of Cupertino on May 22, 1984. p tit Cl y C14A .^fu?,?�S ' •+,,j xs•. Iniiied, City of Cupertino . wIronmental Asseses ent Procedures E. A. Fill a Number(s) 6-F11-8G Application Fi?a Nu=b er,(s) Dar._ Fehru..cv 27, 1984 The Californ-a Environmental q=—'it7 As= of 1970, as azended, requ.'..sas pubsi= agencies to evaluate public and private projects to dete-=dne taeir pa texa=-:a? impact on the environinenc. 1 This worksheec is intended to pzvqiAa guidance for both you, the applicant, a.d City officials is assessing a proposed project to detez=tne whether it.=7 or may not have a significant impact on the envi rov=Mt. If,Used vr:su the lafO=at{ou pz v''.de& bell ov, the C+ty makes a decsrji:-.sr sa t.'La. c your pso jecc m y have a s gai€iceane impact on the eav-C-rocment, you.vi'1 be requi`ad to prepare an Eav3rcmantal aaipar t Regort as provided by State law and the City of Cupertiao,s Environaea±�.a?. lissessmeat requirements. . DetaUad information regarding the •eavi mauta3 assessment procedure is ava - able from the Director of Plaaaiug and Deve2opmaat. Partl lnf;ormcation to be cor►�pleted by the AppU=nt Project Type (Pre)ZonL:g MX Tentative Map l ( Other. Use Psrmit�• Variance O u MoIua VsSCA XrOU Aenc:ra'"Y uounUee my ranaaa Evenue to the aorta, 2mperia:. t.ocation Avenue to the east, McClellan Road to the st .th and by the westerly boundary o • the Uaat bourse to Cue west. Applicant City of Cupertino Address of Applicant 10300 Torte Avenue, Cupertino, CA 95014 P.cne(40A) Z52 SO5 PP Genera' Deic ip ti.cn a! Pro jec; . rre"zone :anti rezone thl a •above areas to zoning - districts cons:sce+1r. with-theGencrzl plan. The nroic,:t site contains awaxLmately 47 acres. - Us:ript_on of Project (canc'd.) Specific Details of the Proiec: 1. ci:e of Site NIA ?. fuceosit•I of DeveIap Men t (s) I¢ res;dencia?: . (1) Number of units per gross acre (2) Residential On•?t Schedulao* . Ou"ner- Be. of S Estimated iota_ Renta l ship B edsooms Sq.fr.. Sa?es P=°P a Neer Un=c Cj•pe tt1 Uaic the 02 Un3.L type 03 Unit Me 04 Unit tppe 95 (3) Per'ceutage in area of bull d . S caverage Percentage in area of recreational open spacm (4) Park!=g raqu:red Parking proposed �. (b) if ca=erciz. iaaus=4al, or insticuciona': (1) Building square footage- (2) Percentage of building covera3e of site (3) Esti=acs of ma—..qua nL=bem of ewplc fees per sh f c (4) Parking required Par%:Lng przposad Questions Related to Potential Tzaact of P:oiec: A. Social/Cultural Impacts: Yes ltavba No (1) Y`PU-1 the proposed project ra=lc in the 'd:.s- placement, of-peoplar (3) W;?I the project alter the employment base Of. the cammunic71 Y (3) 0i 11 the project a'ter r-he housing ae=as of the c::a=unitg? x (4) Does the proposes project affect a histzrtca-I or archaelogleal sic&? Y (Notb 1) B. Physical Impacts: (Page 4) (1) Will the project result in, a change of a natmrall body of water, vegetative cover, or land fora? x . (I) Will the project result in a change in a scenic view or vista from wdsting residencia.L :area or Public lands or roads? m (3) wi?1 the project change the development pattern, scale or character of general- area of project? x (4) Will the construction and/or operation of the Project _result is ,signif:Lczmc ammmc of soli waste, litter, dust, ash, make, formes or odors in the v cia.:cy3 x (5) WIX the project result 9n a' change in stream or ground water qualitry or qu=c3cr or alta.a- t_on of =Ls t ing drainage patterns? x (6) Will the- project subscan i - p change ex—lstaag noise or •vib ratan 1 ere!s is the vicaai tr? x (7) Is the project site on fil?ed land or on slope of 10% or greater? �._ t. (3) Does the project involve the use or disposal , Of poeencially hazardous materia.Ls such as trxic substances, fla=able or explosive? X (9) Is the pro jecz a phase of at, a ,st;.zg or :•shwa larger project at series of projeccs? �. _ �K Oescriocion of rye I..Jvironmemcal Sectins •• _ Provide the following •infor=tion on a separate a.-tachmenc: Cl) Describe .the pcojeit site as it -e.-scs before the projec_, including Lnforzsacion an topography, sail srabilicy, plants and animals, and =7 cultural# h sco:icall or sc4nic aspects. Describe any e..cisting sc:nccures on the sits, and the use a structures. A plot plan_may be re$uared for the description. (?) Describe the sUT7C d ng.p"pe:-'as, ==•c'.sc�{z:g izfa:.._-� ......_cis cc Pla=ts and animals and =y c•-neural, historical cr scdzl: aspects. . Indicate the type of land use (res:.dencia3, ==mar- cla, e_c.) , incens==-/ of land use (one-fam-417 agar=ert houses, shops, departmeat stores, ecc.), and scale of devel- opment (height, f:aacage, set-back, gear yard, etc.). CAI-nCA;CION: I he_aby ce-zjfp that. the statements fu=.4 ed 'bove and in the attached eahibics present the data and {ar- macion required for this izdciat evaluaci aia " the best of mg ability, and that the•facts, sca':emeats, and iafor=C:LoM pre-- se ited a:--a true and correct to :.he best of my knowledge =d belief. Dace (Slz=cure) For t-r GCJ�E�-r d ro (I) The project site is comprised of ex lasting urban devel npment including a acre golf catirse and picnic ground serration complex. The entire are= Is-is general }sistoric valise. A Caw structures may have grenter his torieml value as separate entit•iea. The recrentinn complex is located In tl,Q" 100-year event flood plan Enc Stevons Creek. (2) The project area is bordered by the Old Konta Vista Commercial District to the north, by the Wert Valley industrial Park to the east and by single•-Enmity residential neighborhoods to the sourh and west. Fart I I In ®rmetiQn to be com' pleteAd by sty C?ffieia1�. A. Pr:L=a--7 General Plan Considsiat:ons: Yes :��•�be -. No (1) Ts the project is violation of the Clt, .1 of Cupertino's adopted Geme_al Plan! Y (2) W!211 the project burden public uti9{dies and services? (a) Fi-e and police suites X (b) Parks and -recreation sgsdem X (c) schools (d) Water system (e) Sewer system �..._ ....y:..,. (f) Ste= sys mm X (g) Solid wasta i x (3) Is the project side outside of the Urban Ser- vita Area of the City as degined by Santo Clara County Local kgemcy Formation, C®mmassioaT �y S. Social/Cultural lmp•:cds: (1) Wit! the proposed projec_ rasul t in the dis- placament of people? X .a (2) Will -'iha project altar the e:p1o7mmut base of the community? X (3) Will the pvc ac: altar the housing needs of the czcmun..ty? X- (4) Does the proposed project affect a histori- cal or arthadlogical s:•te? .� .... x t.) Will the proposed prc j eca el.',.minate as er. st,Ig recreational, use atthe 'projec: sita' { (6) Does the proposed project decrease public accezz ca an7 public body of water ov rec_aa- tIonal area? �x (7) W??5 the proposed project alter the location, distribution, density or grct-sth. rate of the human popu-"ati.dn of &tC area? x (g) Will the project result in: Yes Haibe ;to (a) The disturbance .o£ a nacAral or man—suede feacurc in the project area which is unique? (b) The obstruction o£ a .s,ten=c v'_sta open to the public? K C. Physica Impacts: (1) Will the proposed project result in the e--c-,:osure people or properry to geologic ha_ards such as earthquakes, landslides, mudslides, g rumd fa-'lura or slm{!Axr ha-ands? x (2) Will the proposed project. result in: (a) Unstable earth conditions or cages is geclog+c substruc mras? X (b) Di srup bons, displacements, compaction or overcoveriag o'f -the suit? � X (c) Change in topography or gvound s:irfaee relief features? X (d) The destruction, cave_ring or Modifica—tion of any unique geologic or physical feacurc,? X (ej Any increase is wind or eats: errosioa of soil, either on' or off the site? X (3) Ws?1 the proposed project result in: (a) Substantial air emissions or detera_oration of ambient air quality? R (b) T'ce creation of objectionable odors? _ (c) Alteration of air movement, moisture or cemperature, or any change in climate, either locally or regionally? X (4) Will 1 the proposed project result in: ' (a) Change; La absorption rases, dcainage pacterrs or the rate aid amcunC of surface gates runoff? X (b) A_' tsrations to the caur3e or flow of flood waters? x (c) Dtschargd in;o surface uacers, or :,z any ilceracioa of surface water quality, 9ncludinq but not limited to temperature,- diaeAlved ox7gen or C�urbidity? •(8) Will the prajact result iar Yes Maybe (a) The dis curbance of.d natural o r =n-made feature in the project area wh:Lch is. unique? ' (b) The obstrsct;on of a .scenic v?s_a. open to the public?' C. ph- V. st c3 Lpaccs: (l) W'P..l? the proposed project resin-. is the a rosu:e Of pepple or'prcperty to geologic hazards such as earchauakes, lands-'ides, mudslides, g_.-=d fa:?uoa Or 54-41i hazards? (2) Wi91 the proposed project result i:= (a) Unstable earth g=dicloas or changes 1st geo?ogf.c subsr-mccmres? x (b) Dis..upr_qons, displacesaents, . =zpaction or overcoveri:g of -che soil? g (c) Chazge in topography or ground surface re9+sf features? (d) The destruction, covering or modifica tion of any unique geologic or physica? �.. feature? A (a) Any increase in grind cr eater erosion of soil, eZther on or ofs the ate? R (3) Will the proposed project result in: (a) Substantial air emissions or deterioration of ambient oar quality? x (b) bie craac:on of objectionable odors? X (e) Alteration of air movement, moisture • or t emp eratu=e, or any change in climate, e t:er locally or regionally? X (�) W+?? the proposed project result in: (a) Czanges is absorption rates, dt2�--%age patceras or the rate and amount cf surface Later runnLf? X (b) Alterst.ons to the course or flew of flood waters? (c) Discharge iato surface esters, or in anv alteration of sue"ce water quality, including but not limited to temperature, . dissolved oxygen or 'turbidity? . - yes Marbe :70 ( ') All tera.c+on of the•direction or race of flow of ground water? - - - (e) Change in the quancicj of ground waters, either through 41secc additions or with- drawals, or- through interception of an aqui_ar by e•scs or eseavaeion? (r) Substantial reduction is the amount of water o ther.-ise ava-flable for public stater supplies? X (g) F--:aosue a of people or praperry to water- re l aced hazards such as flooding or tldal- wave. x (S) Will the proposed project result in: (a) Change in the diversity of species; at giber of any species of planes (includ-Ing tress, shrubs, grass, craps, and aquatic plaits? g (D) Reduction of the tiumbers of any :saique, rare or e-ndangered species of plants? x (c) Introduction of ttea species of plants into an area, or in a ba=icr to the no=aL repleni same:ac of esistiug species? x (d) Reduction is acreage of nay agricultsrpal edop3 X (e) Change in the diversity of species, or ' numbers of atiy species of a*+imalls (birds, land ani= s L-w uding reptiles, fish and she?-3-95 sh, bests:c organisms or insects)? (f) Reduction•of the numberz of any unique, rare or species.endangered ecies.of• = Lank? g (g) Introduction of new species of oul-al into an area, or result is a barrier to the mig:aciou or movement of animals? (h) De_ericraclon to e.dsc±ng fish or w+,,,I L-4 Fe . hobisat? _ (6) Will the proposed project result in: (a) Increase in a iscing noise Levels? (b) Ltposure of people to severe noise levels? •r (7) Does the proposed project significancy af!ec: the pocanciaL use es;ractiots or conservation of a scarce natural resource. such as a'gricul turn? 1,nei a mineral- d000sit, or woodland? Ye,s Mavbe (B) Will the-proposed pro j.ct-involve the use, . storage, or disposal of hazardous cacei als? (9) Wi:3 the proposed.projeec insult in: (a) Use of substantial amounts of fues. or energy? . (b)'• Substantia:. +•tc:easa in demand upon scis:cas of energy, or.raquirs the devielopmeat of net sources of enema? X x (?0) i11 the propc:se d F... euc result in: (a) C,a::erat:oa of substancial additdonat veh, a-. Movement? (b) Effects on es=sting pazk:!ag facilities, or demand for new parking? • (e) Substanclal impact upon e:r_,sting t ansporta- Clon systems? (d) Alta-.at tit preseit patta=s of circula- tion or movement of people and/or goods? x (e) Alterations to vate.bo=s, rail. or aid t of fie? g (f) Increase lu trar ac. ba- ds to motor vehicles, bic7cllats or Pedesttlans? q (3") Nandator7 Findings of S gWic=ca: (a) Does tSe project have the potential- to deg ads the quality of the a xi=iument, substancis3l7 reduce the habitat of a fish or wild"„'a species, cause a fish or wildlife population to drop below self-sastaia:ag levels, threaten to eliminate a plant or annual community, reduce the t=ber or restrict the range• of a rare or andangered plant or zn�a aI,or eliminate important examples of the major periods of C.-a fornia h store or preyctag? X ib) Does the project have the potential to achieve short-term, cs the disadvantage of long tarn, ex:vi4romental gsrals? (a short- ta= . act on the environment is one which . cc--urs in a relaciVO17 belef, def:Lnitive period of time, while long-tea izpac s wt-1 endure into th.4 future.) Y . • Yes Ka•�be . !io . • (c) Does the project have Impacts whirs are, individually limited, but euatulaeive-17 can-= . . siderable? (A project Tay impact on tsar or • more separate resources where the impact on each reso-.-tee is re-latively szal", but where the affect•of the total of chase imraets cn the e:w'moameac vs x (d) Goes t:se project have e-•vi o=entai es,ec_s wh?ch wt ,, cause substantiall adverse effects an humaa beags, eithe_ drrec�-1' or 4:disst:y ry? E Discussionssson of Eavira=oanta? Eva?uaeion (Rota: Use add+t:ona shears if necss=7.) Deter-Anacion; On the basis of th s • n-4t a-I evalluation, the Exr:..zzsmenral Review.Cay.-aittes finds: #_,_I That*r-ha proposed project COMM HOT have a significant effect on the eavirzz- W"t, and therefore recawma%ds the GRAN=G OF A NICAME OECLUMMLION. Thati although the proposed project could have a sigsLif cant Qf+act on the environment, thers will not he a significant effect its this ease because of the mitigac-lon measures desce-bed on an attached sheet have keen added Cc the 'project. It is reco=wzAad that A NECALM ffiECLARA=CN BE PRAM. r Th3t the proppased project HAY have a sigai¢icant effect on the eavizaamenc, `` • and ass - `roi he= w ORT is rsqu :ad. Date -f' h r►t/ 4.,, / YrJ r'an, Environmental—Review Co=ic_ae For 1 r w u 7 Pol€cy Number FTE AL 4C * * OWNER`S INFORIfiATION SHEET Your Tillie Insurance Policy is a legal contract between You and Us. It applies only to a one to-four family residence and only if each Insured named in Schedule A is a Natural Person.if the Land described in Schedule A of the Policy Is not an ed residential lot ore which{there is gated a one-to-four family residence,or if each insure a ed in Schedule A is not a Natural Person.contact Us immediately. The Policy insures You against actual loss resulting from CovFrA isk ese Covered Risks are listed beginning an page 2 of the Policy. The Polley is limited by, Provisions of Schedule A • Exceptions to Schedule 6 Our Duty To Defend Again ons n pa .: nfuslotis on"pn • Condition$ a'es" 5 an You should keep the Policy even if Yd1e fii ct[g"to4he if You want to a s ;ragraph 3 under Conditions an.pdge 4. You da got owe milt dre-pferei s for the Policy. This sheet4s not Your ins be Policy.It is only a brief outline of some of the important Policy featuios.''fhe Policy e*afns in detail Your rights and-obligations and Our rights and obligations. Since the Policy—,and not-this skeet—is the legal document YOU SHOULD MW THE POLICY VERY CAREFULLY. If You have any questions about Your Policy,contact the issuing office. TABLE'OF CONTENTS PAGE PACE OWNER'S COVERAGE STATEMENT 2" CONDITIONS 4,5 and 6 COVERED RISKS 2 and 3 1. Definitions 4 OUR DUTY TO DEFEND AGAINST"LEGAL ACTIONS 3 2. Continuation of Coverage 4 SCHEDULE A INSERT 3. flow to Make a Claim 4 Policy Number,Premium,Date[and timel and Amount 4. Our Choices When VW team of a Claim 4 Deductible Amounts and Maximurn Donor limits of Liability S. Handling a Claim or Legal Action 5 Street Address of the Lind 6. Limitation of Our Liability 5 1. Nam of Insured ' 7. Transfer of Your Rights to Us 6 2. interest in Larui Covered & Entire Contract 6 & Oesc otiomof the Land g. Increased Policy Amount 6 Y SCHEDULE 8—EXCEPTIONS INSERT 10. Severability 6 EXCLUSIONS 3 t1. Arbitration 6 ''Iw F�i�iisa! :ns`t g»o>n tag w6thbt Ptdid -A and®and the Condidons oarrr Farm 1106-CLTA"MeOwmes PQftV of Tice Insurance isrraMl ftge 1 i owrtees coverage Stawment This Policy Insures You against actual loss,including any costs,aRomeys fees and expenses provided under this Policy,resulting from the Covered Risks set forth below,if the Land is an improved residential lot on which there is located a one-to-tour family residence and each insured named in Schedule A is a Natural Person_ Your insurance is effective on the Policy Date. This Policy covers Your actual lass from any risk described under Covered Risks if the event creating the risk exists on the Policy Date, or, to the extent etp►essly stag,after the Policy Date. Your insurance Is limited by all the following: The Policy Amount shown in Schedule A For Covered Risk 14,15.16 and 18,Your Deductible Amount and Our Maximum Dollar limit of Liability shown in Sdtt,.'-de A Exceptions In Schedule B Our Duty to Defend Agairist Legal Actions Exclusions on page 3 Conditions on pages 4,5 and 6 Covered Risks The Coverer!Risks are: a. You are unable to obtain a building permit; t. Someone else owns an interest in Your Title. b. You are forced to correct or remove the violation;or 2 Someone else has rights affecting Your Title arising out of leases, C. someone else has a legal right to, and does, refuse to contracts,or options. perform a contract to purchase the land,lease it or make a 3. Someone else claims to have sights affecting Your Title arising Mortgage ban on r out of forgery or impersonation. 4. Someone else has an easement on the Land. The amount of Y".insurance for this Covered Risk is subject to & Someone else has a right to limit Your use of the Land. Your Deducible Amount and Our Maximum Dollar Limit of liability 6. Your We is defective. shown in Schedule A 7. Any of Covered Riau I through 6 occurring after the Policy Date. & Someone else has a lien on Your Title,including a 15. You are forced to remove or remedy Your existing structures, or a Mortgage. any part of them-other than boundary walls or fences-because b. judgment,state or federal tax lien,or special assessment any poftn was built without obtaining a building permit from c. charge by a honum nnter's or oondominium association;or the proper government office. The amount of Your insurance d. Rem occurring before or after the Policy Date,for labor and for this Covered Risk is subject to Your Deductible Amount material furnished before the policy Date. and Our Maximum Dollar Limit of!Liability shown in Schedule A 9. Someone else has an encumbrance on Your Title. 16. You are forced to remove or remedy Your existing strucures, or 10. Someone else claims to have rights affecting Your Title arising any part of them,because they violate an existing zoning law or out of fraud,duress,ineompLAeney or inc:?,—city- zoning regulation.if You are required to remedy any portion a. 11. You do not have both actual vehicular and pedestrian access to Your existing structures, the amount of Your insurance for this and from the Land,based upon a legal right Covered Risk is subject to Your Deductible Amount and Our 12. You are forced to correct or remove an existing violation of any Maximum Dollar Limit of Liability shown in Schedule A covenant,condition or restriction affecting the land,even if the 17. You cannot use the land because use as a single-family covenant,condition or restriction is excepted in Schedule B. residence violates an existing zoning law or zoning regulation. 13. Your Title is lost or taken because of a violation of any covenant, 18. You are forced to remove Your existing structures because they condition or restriction,which occurred before You acquired encroach onio Your neighbor's Land. If the encroaching YOux Title,even If the covenant,condition or restriction Is structures are boundary walls or fences, the amount of Your excepted In Schedule B. insurance for this Covered Risk is subject to Your Deductible 14. Because of an existing violation of a subdivision taw or Amount and Our Maximum Dollar Limit of Liabifity shown in regulation affecting the Lac&. Schedule A (Continued on Insert Front) ® i Page 2 (Conned her,bmide Front Cover) Covered Flicks 19. Someone else has a legal right to,and does,refuse to perform is based upon race.color.religion,sex,handicap,familial a contract to purchase the Land,lease it or malts a Mortgage status,or national origin. loan on it because Your neighbor's existing structures 24. A twang authority assesses supplemental real estate taxes not encroach onto the Land. previously assessed against the Land for any period before 20. You are forced to remove Your existing structures because they the Policy Date because of construction or a change of encroach onto an easement or over a building set-back be, ownership or use that occurred before the Policy Date. even if the easement or building ed bacc line is excepted in 25. Your neighbor builds any structures after the Policy Date— Shcedufe B. other than boundary walls or fences—which encroach onto the 21. Your existing structures are damaged because of the exercise Land. of a right to maintain or use any easement affecting the Land, 26. Your We is unmarketable, which allows someone else to even 0 the easement is excepted In Schedule B. refuse to perform a contract to purchase the Land,lease it or 22. Your existing improvements(or a replacement or modification malts a Mortgage loan on it. made to them after the Policy Date),including lawns. 27. A document upon which Your Tine is based is invalid because shrubbery or trees,are damaged because of the future it was not proedy signed, seated,admowledged,delivered or exercise of a right to use the surface of the Land fior the recorded. extraction or development of minerals,water or any other 28. The residew-0 with the address shown in Schedule A is not substance,even 9 those rights are excepted or reserved from located on the Land at the Policy Date. the description of the Land or excepted in Schedule 8. 29. The map, g any, attached to this Policy does not show the 23. Someone else tries to enforce a discriminatory oovenant correct location of the Land according to the Public Records. condition or restriction that they claim affects Your Title which Our Duty To Defend Against Legal Actions We will defend Your Titie in any legal action only as to Heat part of the a Covered Risk or which is excepted or excluded from coverage in action which is based on a Covered Risk and which is not excepted this Policy. or excluded from coverage In tht Policy. We will pay the casts, attorneys! fees; and expenses We incur in that defense. We can end Our duty to defend Your Title hinder paragraph 4 of the Conditions. We will not pay for any part of the legal action which is not based on Exclusions In addition to the Exceptions in Schedule 13,You are not insured 3. The right to take the Land by condemning it unless: against loss,crests,attorneys fem and expenses resulting fret: a. a notice of exercising the right appears in the Public Records at the Policy Gate;or Governmental police power,and the existence or violation of any b. the taihfng happened before the Policy Date and is binding law or government regulation.This includes ordinances,laws and on You if You bought the Land without Knowing of the regulations concerning: Ong• a. building 4. Risks: b zoning a. that are created, allowed, or agreed to by You,whether or a Land use not they appear in the Public Records; d. improvements on the land b. that are Known to You at the Policy Date, but not to Us, e. land division unless they appear in the Public Records at the Policy Date: f environmental protection a that result in no loss to You;or This Exclusion does not apply to violations or the enforcement of d. that first occur after the Policy Date•this does not limit the these matters If notice of the natation or enforcement appears in coverage described In Covered Risk 7,8.d;c,2r,84 or 25. the Public Records at the Policy Date. 5. Failure to pay value for Your Title. This Exclusion does not limit the coverage described In Covered 6. Ladc of aright Risk 14,15,16,17 or 24. a. to any Land outside the area specifically described and 2. The failure of Your existing structures,or any part of them,to be referred to in paragraph 3 of Schedule A and constructed in accordance with applicable building codes.This b. in streets,aiteYs,or waterways that touch the land. Exclusion does not apply taviafations of building codes if notice This Exclusion does not limit the coverage described in Covered of the violation appears In the Public Records at the Policy Date. Risk 11 or 1& (Ciurlfnrred on In red Back) ORNT Form 1108-CLTA Homeowners Policy of Title Insurance(W2M) Page 3 f xr (Continued from insert Front) Conditions 1. Defrnr7ltrrta: 3. How To Make A Claim a. Easement- the right of someone else to use the Land for a a. Prompt Notice Of Your Claim speeWpurpose. (1) As soon as You Know of anything that might be b. Known-things about which You have actual knowledge.The covered by this Policy,You must notify Us promptly in words"KnW and "Knowing" have the same meaning as writing. Known. (2) Send Your notice to Old Re public National Tine G Land-the Land or condominium unit described in paragraph Insurance Company, 400 Second Avenue South, 3 of Schedule A and any improvements on the Land which Minneapolis, Minnesota 55401 (612)3y1-m i are real property. Attention: Claims Department Please include the d. Mortgage-a mortgage,deed of trust, trust deed or other Policy number shown in Schedule A,and the county security instrument and state where the land is located.Please enclose a e. Natural Person-a human being,not a commercial or legal copy of Your policy,if available. organization or entity. Natural Person includes a trustee of a (3) If You do not give Us prompt notice,Your coverage Tnrst even if the trustee Is not a human being. will be reduced or ended,but only to the extent Your f. Policy Date-the date and time shown in Schedule A If the failure affects Our ability to resolve the daim or insured named in Schedule A first acquires the interest defend You. shown in Schedule A by an instrument recorded in the b. Proof Of Your Loss Public Records later than the date and time shown in (1) We may require You to give Us a vmzten statement Schedule A, the Policy Date is the date and time the signed by You describing Your toss which includes: instrumend is recorded. (a) the basis of Your claim; g- Pu6lie Reccr0-records that She constructive notice of (b) the Covered Risks which resulted in Your toss; matters affecting Your rigs,according to the state statutes (c) the dollar amount of Your toss;and where the Land is located. (d) the method You used to eompvute the amount of h. Trfte-the ownership of Your interest in the Land,as shown Your toss. In Schedule A (2) We may require You to make available to Us records, I. Trust-a.raving trust established by a human being for estate checks, letters, contracts, insurance policies and planning• other papers which relate to Your daim. We may J. IRrP1OndUs-Old Republic National Titie Insurance make copies of these papers. company. (3) We may require You to answer questions about Your IL You/Your the insured named In Schedule A and also those daim under oath. identified In paragraph 2.b.of these Conditions. (4) If You fail or refuse to give Us a statement of loss, answer Our questions under oath, or make avadable 2. Continuation of Coverage: to Us the papers We request,Your coverage will be a. This Policy insures You forever, even after You no longer reduced or ended, but only to the extent Your failure } have Your Title.You cannot assign this Policy to anyone or refusal affects Our ability to resolve the daim or else. defend You. b. This Policy also insures: (1) anyone who Inherits Your Title because of Your death; 4. Our Choices When We Leam Of A Claim (2) Your spouse who receives Your Tulle because of a. After We receive Your notice,or otherwise team,of a claim dissolution of Your marriage; that is covered by this Policy,Our dhoioes include one or (3) the trustee or successor trustee of a Trust to whom more of Me following: You transfer Your T.tte after the Policy Date;or (1) pay the claim. (4) the benefrularies of Your Tnist upon Your death. (2) Negotiate a settlement a VVD may assert against the insureds Identified in paragraph (3) Bring or defend a legal action related to the daim 2.b. any rlgtgs and defenses that VW have against any (4) Pay You the amount required by this Policy. previous insured under this Policy. (Conttmred on Inside Back Cover) ORNT Form 1108-CLTA Homeowner's Policy of Title Insurance(62"8) Page 4 EY- Y „h Conditions (Paragraph 4 CoMnued) (5) End the coverage of this Policy for the claim by will psy no more than the least at paying You Your actual loss resulting from the (1) Your actual loss; Covered Risk, and those costs.attorneys'fees and (2) Out ti drmnn DollartTasut of then tauoe expenses tncuired up to that time which tole we far the paffic"fret Risk,for ct as coveied obligated to pay. only under Covered Risk-114,15.16 or 18; (6) End the co-trage described in Covered Risk 14,15. or, 16 or 18 by paying You the amount of Your (3) the Policy Amount then in force; Insurance then in faros for the particular Covered and any cam,attorneys'fees and expenses Which We are risk,and those costs,attomeys•fees and expenses obligated to pay under this Poley. incurred up to that time which 9Me am obligated to b. (1) if Via remove the cause of the Nairn with pay. reasonable agerhw after receiving notice of it,an ;'. (7) End ali coverage of this Poky by paying You the Our obligations,for,the claim er4 including SW Policy Amount then in force, and ati those costs, obligation for loss You had wbft,ft wft attorneys`fees and expenses i nc uried up to that removing the c cruse of the dal n. time which We are obligated to pay. (2) Regardless of ab.M above,If Yau.cannot use Me w` (8) Take other appropriate action Land because of a dairy+ covered'tw this Pdw- b When We die the options in paragraphs 4.a.(5),(6)or (a)- You may rent a reasonaw aaivat it M. all Our obligations for the daim:end,includingOur �resi�itarosan+dlfllovu�.tepayY0 obligation to defend, or continue to defpnit any..legal ` forifleactuat'mnt YOU pay UFM'th9 eirrwtot action. (1)'Tthec cruse of the dalm i seen'l(Amd;or, c; .Even if M do not lturdc that the PaGc r savers the ciairr); (2) W epay Yorr the amount feQutre4 by fps We maY dwose one or more of"'ft bptions"above.By Flow if Your claim Ls erect only doing so,We do not give up any rights wider Covered Rista i4,151or1.8, �thatpaymeaistheamou t.ofWur 5. Handling A"Gain;Or Legal Ammon insurancethen ial'braefcutiepaftdar K a You must cooperate yr th ids in handling any claim or legal Covered(mac: action and give:Us all relevant information. (b) We voill pay,reasonable costs.You pay to b. if You fail or refuse to cooperate with Us. Your caurerege, relocate wVpemonai priopedy Yorthave go Will be reduced or ended, but only to the extent Your rigtit to remove ftam" tand:.indudiing failure or refusal effects Our abflity-tareSolvethpd2imor trans rWno G.Wpet propert)rforup, defend Yau. to tviiertty=lure (2S) mitesfrortithe land.er�d. c. Vft`are required to ►east You m>Zy forltteseelt%meM repair 6014,iry awe,to licit.persoctal, 4k oasts,,attomeyu tees and aWames that Vdte approve in properil► tkecaiuse of the,refikWon. `Thi3 advance. amount V*wti1 pay You under.ihls paragraph d We have the right to choose the aftoney when tt bring is Mvftdto the value of the personal property or defend a legal action on Your behalf.We can appeal My before You relocate tt. decision to the highest level.We do not have to pay Your C. All payments Wb matte under this Policy reduce the Policy damn until the legal action is finally decided. Amount except for costs,attomeW fees and expenses. e_ Whether or not We agree there is coverage. We can All payments we make for claims which are covered bring or defend a legal action,or take other appropriate under Covered fVsk 14.. 15. 16 or 18 also reduce Our ` action under Oils Policy. By doing so,We do not give up Maximum '[lollat Limit of Liability for the particuar any rights. Covered Risk, except for casts, attorneys' fees and expenses 6. Limitation.Of Our LiaiyiLity tt If 1f4b issue, or izave issued, a Potrcy to tha cwnar crfa , a After subtracting Your Deductible Aw4urd if it appges-Wig Mortgage on Yaur Title and M have not given You any 4 !'�o �Goirer.) i Page 5 En I CoWatted rrbm histde Bach Cover) (Paeagraph 6 Continued) Condltlons coverage against the Mortgage,then: guaranties,bords or other policies of insurance)to recover (1) title have the right to pay any amount due You all or part of Yo1s loss, then We have all of those rights under this Policy to the owner of the Mortgage to even if those contracts proves that those obligated have reduce the amount of the Mortgage, and any all of Your rights wlider this Polity. amount paid shag be treated as a payment to You under this Policy,including under paragraph 4.a.of a Entire Contract these Conditions; This Policy,with any endorsements.is the entire contract between You (2) Any amount paid to the owner of the Mortgage shall and Us.To determine the meaning of any pan of this Policy.You must be subtracted from the Policy Amount of this Policy; read the entire Polity.Any changes to this Polity must be agreed to in and writing by Us. Any claim You make against Us must be made under (3) If Your claim is covered only under Covered Risk this Policy and is subject to its terms. 14, 15, 16 or 18,any amount paid to the owner of the Mortgage shag also be subtracted from Our 9. Increased Policy Amount Maximum Dollar limit of Liability for the partiadar The Policy Amount will increase by ten percent(10%)of the Polity Covered Fisk. Amount shown in Schedma A each year for the firsi Ave years e. if You do anything to affect any right of recovery You may following the Policy Date shown in Schedule A,up to one hundred fitly have against someone else, tllfe can subtract from Our percent (150%) of the Pokj Amount shown in Schedule A The ltabHity the amount by which You reduced the value of that increase each year will happen on the anniversary,of the Polity Date right shown in Schedule A 7. Transfer Of Your Rights To Us 10. Severati ft a. V%ken We settle Your damn,We have all the rights You If any pan of this P&HcV,is held to be legally unenforceable,both You have against any person or property relzMed to the claim. and We can still enforce the rest of this Polley. You must transfer these rights to Ua when We ask,and You must not do anything to affect these rights.You must 11. Arbitration let Us use Your name in enforcing these rights. a. If permitted in the state where the Land is located You or b. Ule Will not be liable to You d We do not pursue these We may demand arbitration. rights or if We do not recover any amount that might be b. The arbitration shall be birhding on both You and Us.The recoverable. arbitration shall decide any matter in dispute between You Q M will pay any money We collect from enforcing these and Us. rights in the following order. c. The arbitration award may be entered as a judgff*At in the (1) to Us for the costs,attomeys' fees and expenses proper court We paid to artforce these rights; d. The arbitration shalt be under the Title Insurance (2) to `'ou for Your loss that You have not already Arbitration Rules of the American Arbitration Association. ,.ofec ted. You may choose current Rules or Rules in existence on (3) to Us for any money We paid out under this Polity Policy Date. on account of Your dim;and e. The law used in the arbitration is the law of the place (4) to You whatever is let where the Land is located. d. if You have fights tinder contracts(such as indemnities, f. You can get a copy of the Rules from Us. Issued through the omens at. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South,Minneapolis,Minnesota W401 OLD REPUBLIC TITLE COMPANY Isf2)3if.11rf 1900 THEACAMEOA SAIV JOSE, CA 95126 ,- (406)296-4600 By �� �� PreSidont Autheltaedstgnafory � . a Attest Secretary } ORNT Form 1106-CLTA Homeowner's Policy of Title Insurame(6/22/98) Page 6 SCHEDULE A Order No. : 520503 Policy No.: FTE 166499 Premium:$ 2,788.50 PCHLVAmount:$ 950,000.00 Policy Date[and Time]: June 15th, 2001 at 8:00 a.m. Deduclibte Amounts and iMwdmum Dollar Limits of Liability For Covered Risk 14,15, 16 and 1S: Your Deductible Amount Our Maldmum Dollar omit of Liability Covered Risk 14: 1.009'. of Polley Amount S1*0000 or $2,60 oo (whichamMs less) Coveted Risk 15: 1.00% of Policy Amount $25,000.00 or { MM-00 (whichever Is less) Covered Rit,k 16: 1.00% of Polley Amount $25,000.00 or M $55�w (whichever is tens) Covered Risk 18. 1.00% of Policy Amount �,000.00 or t$2,500.00 (whichever Is less) Strut Address of the Land: 10091 BYRNE AVMM, Cupertino, CA [unincorporated area of Santa Clara County] 1. Name of Insured: RICHARD J. PEREZ and GRACE PEREZ, husband and wife, as Joint Tenants 2. Your interest in the Land covered by this Polley Is: a FEE. 3. The Land referred to In this Policy Is described as: SEE MMIBIT 'A' ATTACH BHT Fotm 1106 -CLTA Homeowner's Polley of We hAmiance 0=18) Sale A -ALTA Homeowner's Policy of T)Us insurance(10-17-98) S Order No. : 520503 Poi.icy No. FTE 166499 The land referred to in this polity is described as: Page 1 of Exhibit A The land referred to is situated in the State of California, Coun:v of Santa Clara, in the unincorporated area, and is described as follows: LOT 28, as delineated upon that certain Map entitled "TRACT NO. ISO STEVENS CREEK SUBDIVISION MAP NO. 211, filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 12th, 1940 in Book 5 of Maps, at Page 4 AND S. 357-11-005 63079 CM/Cl/BF A357-11-05 NI dr 7/8/2001 Page 2 of 4 Pages Policy Continuation Page SCHEDULE B Order NO. : 520503 Policy No. FTB .166499 Page 1 of Schedule B Exceptions In addition io the Exclusions,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Taxes and assessments, general and special, for the fiscal year 2001-2002 a lien, but not yet due or payable. 2. Right and easements granted by G.J. Byrne and Annie Byre--, his wife, to S.F. Leib, by deed 3Mted January 27, 1894 and recorded January 29, 1894 in Book 166 of Deeds, page 410, reference to the record thereof is hereby made for further particulars. 3. Building set-back line as shown on the filed Map. Affects 25 feet from Byrne Avenue 4. Covenants, Conditions and Restrictions, which do not contain express provisions for forfeiture or reversion of title in the event of violation, but deleting restrictions, if any, based on race, color, religion or national origin, as provided in an instrument Recorded November 6th, 1940 in Book 1009 of Ofgicial Records, Page 349 Said. Covenants, Conditions and Restrictions provide that a violation thereof shall not defeat or render invalid the lien of any Mortgage or Deed of Trust caade in good faith and for value. NOTES: "If this document contains any restriction based on race, color, religion, flex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful / restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Page 3 of 4 Pages ORM Form 1106 CLTA Homeowner's Policy of Title hourenee(6408) Schedule A ALTA Homeowner's Policy of Title Insunwee(10117/98) Order No. : 520503 Policy No. FTE 166499 Page 2 0£ Schedule B 5. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $650,000.00 Trustor/Borrower . Richard J. Perez and Grace Perez, husband and wife, as Joint Tenants Trustee . old Republic National Title Insurance Company Beneficiary/Lender : ZndyNac Bank F.S.B., a Federally Chartered Savings Bank Dated . June 11th, 2001 Recorded June 15th, 2001 in Official Records under Recorder's Serial Number 15726492 Loan No 1116603 Page_4 of 4 Pages PoJIgV ConNnuaflan Page s.