HomeMy WebLinkAboutLimon Byrne Ave 01-08 Annexation APN 357-15-074 ANNEXATION-LIMON BYRNE AVE. 1 of 2
01-08 '150 RESOLUTION 02-035 2002
C�__lJRl1sED COPY: 77u1s doemmxet has
Please record wfthouf fee(Gov't.Code Sec. 6103) not barn compared with the original.
and send back to LAFCO Clerk,COB, 10*Floor SANTA CLUA COUNTY CLM-FX=R0ER
/99l2t@2 i 1:
LOCAL AGEMY F�3d�MTM CO11VD MON D 5 2588
SAWA CLACLAMCG!!N!Y � 04 AM
www.santackmlafto.ca.gov
County Goveananerd Cerrter,llth Ftsor,!mot 1Alirt9
ENB0 ..ED COnv
70 Vest Hedding Street,Saar,lose.CA 99110
(408)Z"127 FAX 295-1613
Neeilma Palacha ft Executive Officer LRS
CERTIFICATE OF COA+IPLLMON
1,Neelima Palacherla,F.xecuti ve Officer of the Santa Clara County T.oca1 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.02-035 for a reorganization attached
hereto and have found this document to be in compliance with government Code Section 56757
authority c.-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 option completed is a RZORGANIZATION which includes annexation
to the City and detachment(s)from the following:
Santa Clara County Lighting.Service]District
A map and description of the boundaries of the change of organization is appended hereto.
The title of this proceeding is:Byrne Avenue 01-08 (Uninhabited)
The 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 reorgan+ry..ation is 3/4/2002.
I declare under the penalty o't perjury in the State of California that the foregoing is true and
correct,
Dated:_
eelima Palacherla,Executive Officer
LAFCO of Santa Clara County
AKachwnh CRY 1�esaluga Jr EWdbks A(Legal Desaripdon)and B(MW)
Commissloners:Blom Atvallaft.Donald F.Gage,Suzanne Jackson.Linda LeZotte,Susan vddund Man
Commission Secretary: (40%2W5080
i
RESOLUTION NO.02-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERM UTIONS AND APPROVING THE REORGANIZATION
OF TERRITORY DESIGNATED"BYRNE AVENUE 01-03"9 PROPERTY
LOCATED ON THE EAST SIDE OF BYRNE AVENUE BETWEEN ALCAZAR
AVENUE AND SAN FERNANDO AVENUE.;APPROXVdATELY 0.183 ACRE,
LIKON(APN 357 3 4)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Suft Clara consisting of 0.153± acre on the east side of
Byrne Avenue (APN 357-15-074)has been filed by property owners Tmmthy and Lilia
Lannon;and
VAMMEAS, on February 4 2002, the City Council adopted Resoled No. 02-
025 initiating 1proceedhW for annexation of the am designated"Byrn Avenue 01-0r;
and
VIHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation;and
WMEREAS, 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 unino territory which is within
the urban service area of the city of the apnexation if initiated by resohrtion of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation;and
11VEMEAS, Goverment Code Section 56537 provides that if a petition for.
annexation is signed by all owners of land within the affeewd territory the City Council
may approve or disapprove the annexation without public hearing;and
WMEAS,evidence was preseweel to the City Council;
NOW, THEREFORE, BE IT RESOLVED by die City Council of the City of
Cupertino as follows:
1. That it is the conducting autii ty pursuant to Section 56757 of the Government
Code for the annexation of property designated "Byrne Avenue 01-0r, more
particularly described ill Exhibit"A";
f
2. That the following findings are made by the City Council of the City of Cam:
a. 71 said territory is uninhabited and comprises approximately 0.183
acre.
. Resolution No.02-035 Page 2
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
C. The City Council has completed an initial study and has found that the
annotation of said territory has no sigi&cant impact on the ernrironment,
and previously approved the granting of a Negative Declaration.
d. The City Comc7 on May 21, 1984, enacts an ordinance prezoning
the subject territory to City of Cupertino Pre R1-7.5 zone.
e. Annexation to the City of Cupertino will aft no changes in special
districts.
L That the tenftozy is within the city urban service area as adopted by the
Local, ►gency ForantionCommission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed-
annexation to be do to and ran, and in compliance with do
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
i. That dw proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. That the proposed anmexation does not split line of went 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 almexed is contiguous to existing City limits under
of the Government Code.
3. That said MWXMOB is hereby Ordered without election pursuant to Section 56837
ct seq.of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
2
Resolution No.02-035 Page 3
BE IT FURTHER RESOLVED that upon completion of these won
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regWar meeting of the City Council of the City
of Cupertino this 4th day of March 2002,by the following vote:
Vote Members of ate S&Council
AYES: Lowenthal,Chang,.dames,Kwok,Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ICimberI Smith /s/Richard Lowenthal
City Clerk Mayor,City of Cupertino
IN13TRUMENT 18ATRUEAND CORRECT COPY
OF THE ORIGINAL ON IFIV IN THIS OFFICE.
ATTEST 2 Ma--
CITY CLERIC OF THE CITY O CUPERTINO
BY
CITY CLERIC
3
EXHIBIT W
EYRNE AVE. 01-08
-----------------------------------------------------------------
All that certain rear property situated in the County of Santa
Clara, State of California, being all of Parcel i as shown upon
that certain .Record of Survey filed in Book 154 of daps at page
29, Santa Clara County Records, described as follows:
Beginning at the Northwesterly corner of that certain
annexation to the City of Cupertino, California, entitled "Byrne
Ave. 99-19", on the Westerly line of Byrne Avenue; thence along
the line --ommon to said annexation and that certain annexation
to said City entitled 'Byrne Ave. 99-101, S8905914592 50.01' feet;
thence continue along the common line of said annexations,
N0-121059E 5.81 feet to the Southwesterly corner of said Parcel 1
and the true point of beginning of the herein parcel of land.
Thence from said true point of beginning along the Westerly
line of said Parcel 1, also being the Easterly line Byrne Avenue
and also being the Easterly line of said "Byrne Ave. 99-10"
annexation and also the Easterly line of the"Byrne Ave. 98-12"
annexation, N0.12105"E 98.83 feet to the Northwesterly corner of
said Parcel 1; thence along the Northerly line thereof,
S8905915509 80.44 feet to the Northeasterly corner thereof;
thence along the easterly line thereof, S06121058W 98.93 feet to
the Southeasterly corner on the Northe:ry line of Alcaaar Avenue;
thence along the Southerly line of. said- Parcel 1, also being a
Northerly line of the hereinabaove referred to "Byrne Ave 99-09"
annexation, N89°59'45"W 80.44 feet to the true point of
beginning.
Containing 0.183 acres, more or less.
eE
APN:357-15-074
Date: Nov. 29, 2001 �4��° !�v � HAX�,�v y?J�
Flo, C13318
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i ;Po 8� 7/-Ue ginn n5.. __._.. _._.. 4ir'9e 0l cXiSf'i onnexaWs J
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;A%maden
Fewr,e►ndo
iote� PROP05ED A R k EXATO N TO
THE C I`TY O iF APE-RTIAl 0. A-
McGct4 aan JEN T/TLED:
L ® CATION MAP 13YRNE AVE* olmoa
No-r To SCALE SCALE: 1''= 40' NOV. 30s 2001
60E-4WTA REV.t(2-W) STATE OF CAUFORM
STATEMENT OF BOUNDARY CHANGE BOARD OF EewAUZATION
AJease may to the Board GrEquababog Tex Area Semaces Sew 450 N Sheet WC59, M.
P.O So 942879 oa�6 Sawww wMa,942794M BEE File Ya.
County. S2nta Clara CounivA 93 : o.183i Fee:S $300.00 Res.03rd.No.: t 5
Cwoxb g AutJ=W. Cupertino LAFC*.Res.:
579.7213132
Short Form Designation: me Avenue 0148 a Date
1.7ype of 01 Anon to district 08 Can of TRA's 10 Padevetopmerd
ac&w. X (P Annexation to cdy 07 Detachment from District 11 Name drange
(biteckone '6W City IncoMoraflon 08 DissoArtion of district 12 Reorawdzellon
05 ConsolidaBon of o act 09 Fomration-0istrid 13 SdwW d'sbkt
DISOM NAKg DMMCT MOM
2 FWadpal Csty/Dtstrl§ce Santa Clara County Lighting Service District
affectedby
aeon
3 Affected — humbled Nwnb fofAreas_
tufty: —XI Urrxrnaoan� Undeveloped
fie effe stJ X tttti0 be taxed for ads&@ bonded�or co*adatu cbligations as set forth by the term and
4. te►iitorr condrions e5 stated in the resolution.
Will nothe laced far exis"bonded.iadebteSUress or contr cW obfgatiom
5�. 6tecBo Andutlan mpbo "thb action vs held ondaft
X Tha action is exempt from election.
EwA�dwe tree
tha fDt7 cfg x Assessor s of affected temlwy
ftctmsraq d Resotft;ortof atdha County auditoesbtlerTRAassigmwat
} M at g.trine of x Cw fx2ft of Completion WOO only) X (oonsofidafral carinttes arty)
7. Cw
dory X Map of limittnq addresses(2 copies) X Vrctrrity maps(2 Copies)
Chaves X A%)habebcal 119 of d streets within fire affected area to mctude beginnM and ench"street numbers
ow. EWma ted poputattan ts:
8. Requfrex; According to section SW2 of the Government Code,coples of these documents must be Cited with the
county auditor and county assessor.
Board of Equsftatbn wfb admzdedge moW of filing to:
Emmawel Abello ti3Zt3E t1SE qNt Y
T LAFCO Clerk chk 8:
AGENCY
_ Santa Clara LAFCQ
70 W.Hedding St:,Fast V , 10th Floor
Cr" zmccoa
San Jose CA 95110
408 299 5088, " 409 298-8460
Emt�anuel.Abellf� 6as.CO.wl.C&US
sx; narea� cum
LA OFFtCQt
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City Nall
10300 Torre Avenue
Cupertino,CA 95014-3255
Telephone: (408)Tn-3223
FAX: (408)M-3366
CUPEkTINO
oFFacE of THE crlx c1.>rR1c
May 15,2002
TO ALL INTERESTED AGENCIES:
REORGANIZATION: "BYRNE AVENUE 01-08 — 10354 BYRNE AVENUE
The Certificate of Completions for "Byrne Avenue 01-08" was recorded on May 9,
2002. 1 am enclosing a copy of Resolution 02-035, as well as a :.opy of the
Certificate of Completion.
Sincerely,
Grace Johnson
Deputy City Clerk.
encls.
Printed on Recycled Paw
_:r.
60E4WTA REV.1(2-GD) STATE of CAUFORNIA
STATEMENT OF BOUNDARY CHANGE BOARD OF EOUAL17ATION
tip 0MONLY
Please mast to the Sowd of Emwhzapon. Tax Area Services Sedla+,dW N Street.MiC:69.
ft0 Box 942879,Sacramento,California 94279-0069 B.O.E.File No.:
Santa Clara I cmMc 43 1 AcmFjii W.$ 300 ResJOfd.NO.:
02-035
Con Citj of Cu ertino LAFCo.Res.:
Short Form B me Avenue 01-08 Effectin Date: 1 3 4 02
1. T"M of 01 Annexation to district 09 CawdWagon of 7Ws 1 10 Redevelopment
scoop. i X 02 Anrmxatian to ft X 0720gSntftomdlsftkA I 19 Name channe
Ibbeckone i---- 04 City ftworporation08'LSsaoi a+otdisttid 12 RwmanWftn
05 ConsaGdationof cKsWat 09'Fbgvwt W Distt ct 1 13 School district e
otetRICT RA E o>sTIOCT aA
a pdbalpal Santa Clara Count Li htin Sernic _
a1 Dist:rict�� ---
adhn: -- -----
AftftWInhabited Devalo ed NuntW of Armw One
t: X Uninhabited UndrAk- _d
4i TM slPicesd YBq be taxed for eriistittg bonded IndaW asset forth by the fe ns and
g conditions as stated in the resolution
VWII not be taxed for ` bprW"kk%pbtWkww or contractual o
d Et�CBonr An election authorizing this action was heldf
dW
B This action is exempt from efec0on.
A Endosad are X ►-ees B MgXsland Lug2pSM docuaents
we ftuowfng g Legal des n S /►ssesser l twrnlre s of affected tentto
/bema nqufrod % Resolution of oondudi autho County auditors e> r of TRdI assignor s
at si a dnra of Ced;m"of Completion(LAFCO only) (consclidated counties only)
T. city g Wo of firnift addresses co es $ V ma oa
bormdarse R AI habetisral list of all sizeets within the aft&Ad area to bmkide kWinning and ending street nuftwe
Changes Esflmai�l poArrlatlorr fit:
Ow.
8. Rognirad: According to section 5002 of tha Government Coate."pias of these dommwnta must be filed with the
county auditor and county assessor.
Board ofEquaftVion vA71 acknowledge recelpf of ffift to:
NAM
�M
Ruth Marston �` -
T� ditt 9:
Deputy Clerk of the Board
AGENCY
Santa Clara County LAFCO
siREET
70 W. He0din-a Street 10th
CRY San
CQO$
San Jose 95110
TELET410NE NO FUND.
40$�� t 6 0 DUMAD tb
ruth.Marston@bosco.santa-clara.ca.Us
MGMTOM OF AGENCY QFMN �DJ►r T@
� 84.44
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P 19 4' RO M 29
a 0. 163* Ac-
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AN 5S7-15- 74
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°4' �'�t �� 8g•5 A5^w AL CAZAP AVE
. �o3sa
C 7 y me 99--0 9
I. EGEA1
i 1�0 d 7"tie /dint v 7e55inn;,,y .
.. —.. —. Lire off exisr'Oy unnexa; ;oo
Pr psea[
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Sarin dear' w nanclo
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poe res PROP0 5 ED A X R EXXnO W TO
E C I TY O F COPE-R T IN 0, CA.
mcctetton 4eiV T/74El0:
L o cA► 'T1oK MAP 13 YRNEAVE* OImoS
No-r TO SCALE SCALE. I"= 40� NOV- 30, 2001
City Ball
10300 Tome Avenue
Cupertino,CA 95014-3202
1TY® Telephone:(408)777-3223
CUPEDTINO FAX: (408)777-3366
OFFICE OF THE CITY CLERK
February 5,2062
TO: ALL INTERESTED PARTIES
REORGANIZA71ON: `BYRNE AVENUE 01-08"
I am enclosing a copy of Resolution 02-025,which describes the boundaries of the
subject reorganization and sets March 4,2002,as the date for consideration of annexing
the area described as"Byrne Avenue 01-08"to the City of Cupertino. The resolution was
adopted on February 4,2002.
Council meets at 6:45 p.m.,City gall Council Chamber, 10300 Torn.Avenue,Cupertino,
California. All interested parties may attend and be heard.
Sincerely,
Grace Johnson
Deputy City Clerk
PnnWf<vi Recycled Facer
. %.Aju y of Santa Clara ®1
m
Environmental Resources Agency i rr
Building Inspection/Land Development Engineering and Stirveying
County Govemmmc.-ni Center,East Wing
70 Wept Hedding Street. 71h Floor
San Jose,California 951 10 `yTq GO.P
Bldg.Inspec.(408)299-2351 Land Devel. 299-2871 FAX 279-853 7
January 11,2002
Kim Smith, City Clerk
City of,Cupertino
10300 'Torre Avewue
Cupertino,CA 95614-3255
The attached description and map dated November 29, 2001 of territory
proposed for annexation to the City of Cupertino entitled BYRNE AVENUE 0148 is
m accordance with Government Code Section 56757(b) (2). The boundaries of said
territory are definite and certain. The proposal is in compliance with the Local
Agency Formation Commission's road annexation policies.
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Director (w/attachment)
Board of Supervisors: Donald F Gage, Blanca:Mvarado. James'r.Beall_it.. Liz Kniss
County Executive: Richard Wittenberg .Q„
• J '
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Q4pf ESSIo
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No. C13316 '° {
5$evens Creek- 51v1
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San der ns9►ndo
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PRoPrj5ED AXAExA-noN TO
me c e-((cani ZEN T/TILE&
L ® CA, -rroN MAP
BYRNEAVE9 OlwoS
NOT To SCALE SCALE: 1''= 40 MOV. 30, 2001
;
EXHIBIT "Ae
EYRNE AVE . 01-08
-----------------------------------------------------------------
All that certain real property situated in the County of Santa
Clara, State of California, being all of Parcel 1 as shown upon
that certain .Record of Survey filed in Book 154 of Maps at page
29, Santa Clara County Records, described as follows:
Beginning at the Northwesterly corner of that certain
annexation to the City of Cupertino, California, entitled "Byrne
Ave. 99-09", on the Westerly line of Byrne Avenue; thence along
the line common to said annexation and that certain annexation
to said City entitled "Byrne Ave. 99-10", 589059145"E 50.00 feet;
thence continue along the common line of said annexations,
N0012105"8 5.81 feet to the Southwesterly corner of said Parcel 1
and the true point of beginning of the herein parcel of land.
Thence from said true point of beginning along the Westerly
line of said Parcel 1, also being the Masterly line Byrne Avenue
and also being the Easterly line of said "Byrne Ave. 99-10"
annexation and also :he Easterly line of the"Byrne Ave. 98-12"
annexation, N0012'05"E 118.83 feet to the Northwesterly corner of
said Parcel 1; thence along the Northerly line thereof,
S89059155"E 80.44 feet to the Northeasterly corner thereof;
thence along the easterly line thereof, S00121050W 98.83 feet to
the Southeasterly corner on the Northerly line of Alcazar Avenue;
thence along the Southerly line of said- Parcel 1, also being a
Northerly line of the hereinabaove referred to "Byrne Ave 99-09"
annexation, N89059145"W 80.44 feet to the true point of
beginning.
Containing 0.183 acres, more or less.
APN:35?-i5-074 `1 ESSION41
Date: Nov. 29, 2001 ��`` Qp i' HA*ft
q,�
ti Q i
w No. C13318
�r4f� (,If CAffi
RESOLUTION NO. 02-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF(jjPj:R7jNO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED"BYRNE AVENUE 01-08",PROPERTY LOCATED ON THE
EAST SIDE OF BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND SAN
FERNANDO AVENUE;APPROXM A.TELY 0.183 ACRE,LIMON
(APN 357-15-074)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated"Byrne Avenue 01-08"from property owners,Timothy
and Lilia Limon,and
WHEREAS,the property,0.183±acre on the east side of Byrne Avenue between
Alcazar Avenue and San Fernando Avenue (APN 357-15-074) 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 R1-7.5 zone;and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation;and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "W') to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies;and
WHEREAS,the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid;and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City;and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is sipQd by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing;
• Resolution No.02-025
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated"Byrne Avenue 01-O9"and detachment from the Santa Clara County
Lighting Service District at their regular meeting of March 4,2001
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of February 2002,by the following vote:
Vote Members of the Ci Council
AYES: Lowenthal,Chang,James,Kwok,Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Is/Kimberly Smith /s/Richard Lowenthal
City Clerk Mayor,City of Cupertino
City of Cupertino (408)777-3249
10300 Torre Avenue
Cupertino,CA 95014
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the City Council of the City of Cupertino for approval of a
proposed change of organization or reorganizations,and stipulate(s)as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California
Government Code (commencing with Section 56000, Cortese-Knox Local Government
Reorganization Act of 1985).
2. The proposed change of organization is designated as:
BYRNE AVE.01 -08
Situs Address: 10354 erne Avenue
and consists of
X annexation to CITY OF CUPERTINO
detachment from (name City/District)
of 0.183 acres on the east(nts/elw)
side of Byrne Avenue (StreettAvenue)
between Afar Avenue (Street/Avenue)
and San Fernando 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 bmindaries 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 petition and by this reference incorporated herein.
4. Territory to be organizedireorganized is: inhabited.
("inhabited"= 12 or more registered voters) X uninhabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s).
e
Cupertino: Annexation Petition,page 2
6. The reason(s)for the proposed annexation (annexation,detachment,
reorganization,etc.)is/are
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terns and conditions:
g. The person(s)signing this petition has/have signed as(check one):
X owner(s)of land within the affected territory.
registered voter(s)within the affected territory.
9. The undersigned proponent(s) X do own 100%of the territory
do not proposed for change of
organization or
reorganization.
Wherefore,petitioner(s)request(s)that proceedings be taken in accordance with the provisions of
Section 56000 et seq.of the Government^-_;;c and herewith affix signature(s)as follows:
CHIEF PETTTtGNERS
(not to exceed three)
Signatures
of Petitioners
(Please Street Address Assessor's Election
name below) City/StatelZip Parcel No.* or Precinct No.**
TAWOM h i % 0A CAS 9�O'4
(Sign here)
Date: — Phone:
Uc�� �v►;t ev _ 10%4 292A Ate '35'1-AS-O14
"I-Ili A. 1ArtoW) ta0.�5�1�t
(Sign here)
Date: _IS11,04101 Phone: M- AAct%
* 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 Torre Avenue
Cupertino,CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE Of ,1 >GANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be col O.aed in full and submitted with any petition to the
City for a change of organization(annexation or detachment)or reorganization(multiple
annexations and/or detachments)made pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985(Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: BYRNE AVENUE 01 -48
Annexation
to CITY OF CUPERTMO
(City or Spec.District)
ENVIROP94ENTAL STATUS OF PROPOSAL
XX CITY OF CUPERTflVO,as Lead Agency for environmental review of the project,
(Name of City)District)
has already propped the territory on AU►21,1984
(prezoned?other approval action?) (date)
and in compliance with CEQA,has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec. (cite class exemption section.)
XX completed an Initial Study and Negative Declaration for the annexation,a copy of which
is attached/to this application.
completed a Final EIR for the annexation,a copy of which is attached to this application.
— City of Cupertino City Council is to be Lead Agency for the environruental review of the
project and the completed Environmental Information Form required by Planning staff is
attached to this application. (Planning staff phone: (408)777-3309).
Proposal is c;ategoricaty exempt form provisions::of CEQA pursuant to Cal. Adm.Code
Sec. because
Suppl.Appl.4-
CHARACTERISTICS OF TIME AREA
1. Number of acres 0.183
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 Residenee
b. Indicate the parcel numbers of those parcels,if any,which ate under contract under
provisions of the Vordliamson Act: N/A
c. What steps,if any,have been taken or are proposed to be taken to release the above
parcel(s)from the contract? N/A
6. a. For city annexations what is the prezoning that has been applici by the city to the
affected area(Note: Prezoning is a filing requirement for city annexations):Pre RI-7.5
b. Does the applicant intend to propose a change in this zoning if and when the territory is
annexed to the City? YES_NO X
If yes,indicate the new zoning which will be sought'%
7. For City or district annexations,describe the development being proposed for the territory,if
any , and when this development is expected to begin. New Single Family Dwelling°
Development to begin upon annexation.
8. Dc. the boundaries of the subject territory conform to lines of assessment and ownership?
YES X NO
If NO,please explain the reason for non-conformity and provide justification for approving
the boundary change as proposed:
}
Suppl.Appl.-2-
9. Do the boundaries of any proposed city annexation create an island,corridor or strip of
unincorporated territory? YES NO X
If YES,answer the following questions:
a. Number of acres in the island,corridor or strip? (If more than one island
is being created,indicate the acreage of each island.)
b. Number of inhabitants?
c. Assessed value?
d. Land use and zoning in island,corridor or strip?
e. Describe present and proposed sewer and water services in island:
f Does the proponent request waiver of restriction against creation of an island?
YES NO
If YES,explain why creation of an island is justified?
SERVICES
10. Is the territory proposed for amexataonidetachment/reorganization in the City or District's
u urban service area: YES X NO
1. If new development is proposed on the site,will this new developrnemt be permitted without
community sewage discharging into an existing sanitary sewer system and disposal plant?
YES NO X
If YES,what will be made to provide sewage disposal?
t
Suppl.Appl.-3-
12. Will the extension of sewerage and/or water services or the construction of any public
improvements to the affected territory be financed by the formation of a special assessment
district? YES NO X
If YES,describe service(s)or improvement(s)and the average cost per residentllandowner
of the district.
Service/unprovement:
4
Cost: $ /yr.for,yrs. $ /yr.for_yrs.
13. List all cities,special districts,(including.school districts)and County Service Areas located
within the area of this proposal. (Exclude Santa Clara County Water District,San Francisco
Bay Area Air Pollution Control District,County Library Zone,and Water Importation.)
(Refer to County Tax Rise Code Book for this information):
' Cupertino Elewe art►Schou!District Cu nerdino Eanitaaw llistri�et
Fremont 1Tnion M schoo lfistrict I id-P'eninsal Open,Space District
i Foothill ContmunttCollee D►istfct /Central hire It a�ttinn
Santa Clara Conntg MAft Service
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the inffommdon requested below;
a. Owners of land' within the proposed amexation/d'emcbat eWteorgani ion who consent
to this proposal should show their consent by signing and printing or typing their names
and addresses,with date,below.(Sines not required if°proposal:is initiated by
property-owner petition:put"see petition"below and type or print names,addresses,
etc.)Assessor's parcel number,assessed land(not improvements)valuation,and if 1004/o
property-owner consent has been obtained,certificatic fl 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
Timothy A.Limon 10354 Byrne Avenue (409)545-4191 357-15-074$308,537
Lilis H.Limon. Cupertino,CA 9SO14
k
*See next page
Suppl.Appl. -4-
* "Owner of land means any person shown as the owner of land on the last Equalized
Assessment Roll;where such person is no longer the owner,then any person entitled to
be shown as owner of land on the next Assessment Roll;where land is subject to a
recorded written agreement of sale,any person shown therein as purchaser,and any
public agency owning land." Government Code Section 56048.
15. Print or type the name and address of officers or persons,not to exceed three in number,
who are to receive copies of the Director of Community Development's Report and
mailed Notice of Hearing(in addition to the Clerk/Administrator of each affected city
or district):
Street Address
Name City/State/Zip
(1) Timothy A.Limon 10354 Byrne Avenue
Lilia H.Limon Cupertino,CA 95014
(2) Kastrop Group,Inc. 1101 Main Street
Attn: Tom G.Pantaziss Redwood City,CA 94063
16. I hereby certify that all LAFCO filing requirements will be met and that the statements made
in this application are to the best of my knowledge accurate.
RALPH A.QUALLS,JR. 10300 TORRE AVENUE
(Print name of person completing this CUPERTINO,CA 95014
ap lication)
% "a -- 12401, 01
(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 been met.
Suppl. Appl. -5-
CERTIFICATE OF CITY CLERIC(Required for 100%Consent Proposal)
I CERTIFY that I have checked the number of owners of property located within the
annexation/detachment/reorganization proposed by this application and that the _2._(number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
CERTIFY that, pursuant to Government Code Section 56839,the City will make determinations
on this proposal without notice or hearing.
Date: 121 o f m
City Clerk e��
(Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detachment/reorgamzation who do not
consent to this proposal should be fisted by name,address,parcel number and assessed
land valuation below. Signatures and dates are not required. Hearing will be held for less
than 100%consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required,continue list on separate sheet and attach.)
b. FOR NOT-1000/o 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
r.
Cltr tot Cisperl file►
NM ATIVK DECLARATIOW
M sy 21 , 1984
As provided by .Lha*EnvirontlK•lltal. Assessment proctdur%', adopted by the City
a:ouncl 1 elf till. City ot, t up`•rt Lnu on Wirch 27. 1973. as at-nded, tilt• fol towing
described project was granted a vianativo Declaration by the•c:ity Council of
ti,d City of Cupertino on @lay 2t. 1984.
IIsro ect ne serlpt lean and Location
Appt ieaitlun 4-EA-84 Applicant: City of Cupertino (Old Manta Vistas area)
Location: Generally bounded by Cranada Avenue to the
north. Imperial Ave►tue to tale east.
McClellan Road to the south and"by the
wom.erly boundary of the Blackberry
Form Colf Course to the west.
Diseretiunna Action Me-quest: Preaone and reanne,►
approximately— 97 acres within the Old Monta Vista
area to R1-8 (Residential Single-Ealmily). 0-7.5
(Residential Single-family), P (Planned Development
with a Re-sidential 4.4-12 dwelling units per gross I
acre)•, P .(Planned Development with a Residential
4.4-:.7 dwelling units per gross acre), P (Planned
De:velopmen't with 1.iRitt industrial and Residential).
P (Planned Development witit Agriculture/Recreational),
and .BQ (Public Building) zoning districts.
Findlntps of DecisionmakingB dy' .
The City Council granted a tKegattt y s `is oazsiistent
with the General Plan
V AL
111
W;Z5
ihi
In ` i. .QCE �• •;yf s .`a '
It this image appears cut-off
or is not as legible as this s �•.'+.`•w Z `k, g�31
overlay,it's due to the poor ' ' r. i'►. • r L }
quality of the original document
ThL3 is to certify that the above Negative Declaration was filed
in the office or the City Cleric or the City or Cupertino on may
22, 1984.
platy atty clerk
Initial.5tudy. �.. - . ..
City of Cupertino
SIvircnmentai Assessment Process
C. A. Fi?a Number(s) &-Fk--HA
App?icacion Fie Nubez(sl
Data Fan rur.ry 27, 1984
T'ae CAI JIG rala envir nmehca' Qual.t9 AP-= of 1970, as azend.-I, requires publi:
agencies to evaluate pubUc and private prs j eces to deto. e their paten---
impact on the env3.r-oumence '
This weeeshees is intended to provide guidance for both you,, the applicant, =d
city officials in assessing a p=posed project to daoe---7-4= Whether it M67 or
way not have a sign3f iraat !mPact en the environment,
U.ixased upon the isuot*rises prW-ded7 below,' the CLt7 =alrms a dete. - -...en that
YOU-- psojecr may have a;significant impact ran the a :onzent, you.vL1 be-
to
prepare an Envirea neatal Imart Re0art as provided by State e asp and the C-t t7
of Cuperzino's €nvi-oTwwUta Assessment reqmircmests. .
Detailed Information regazdIng the •enw rmumenta? assessment proeedura is "a{s•-
able from the Director of FUMSIUS =d D4ve opm=t.
A �icant
rn Inroation to be co t feted by the pp
Pro jecc Type (PrericninsCE Tentative Map Other M
Use Per:aLt L par-lance
0 u Mout,o VUca j;,a generaiiy ounuec ay ranadi ve"�" nue co Ehe ncrtcn'2mperLa:
Locatiaia Avenue to t1Ae east, McC1Q1,1an igd to flee sc .th and by the we tecly bound. o
• the alacitnerny Farm IC ui vcurse to Use west.
Applicant City of Cupertino Address Of a` AppUcaat 10300 Torre ftventsO, cupert`ino, CA 9150 14Phone
General Debtripcicn of project P;e o_se and, re ^the -a4ave areas to z ning
districts consistent with tile, Gcncral Pj, Tito o f #re contains appcnxLVI0cesy
g7 acreR
Destripcion of Project: (can=°d.) -- - '
Scecific Decal—is of the Proiec_
1. Size of Sice N/A
?. rztensir.r of Development
(1) Number of un=ts per gross acre
(2) Residentia Un{c Schedule:
duner- No. of S{•a Es mated i To tall
RencaL ship Bedrooms `Sq.f z. 5alles Prima I Number
Uric type Q9
U=:L-t type 02 I I I a I o
Unit type 03 I I I I
Unit type 04 I I I
Unit type OS I
• LU L I
(3) Percentage is area of 1 {'ding coverage
Percentage in area of recreational open space
(4) Pa:-_!.mg require Pa:s:ng Oroposed
(b) if cammeresz, =:.duse:ial, or i:scicueiona:
(1) Buildin& square fcccags
(2) Percentage of bu�?.ding cavezage of sae -- --- -
(3) Es ci=ca of ma='mum number of eaployees per shift
(4} P:.::s=ng required Pars=ag pr-posad
Quas.ions Rel®tad to Pocantidl. Iaoaet a P;ciec:
A. Social/Cultural Ympacts: Yes M._vbe . He
(1) Jr?,l_ the proposed project result in the dis-
placement, of -pea-plat R
('_) Will the project altar the e=ploynenc base
of the cam==7?
(3) Wa 11t the pro j e-:: a-car the housing needs
of the t=scvIn ty? ..._.__�
(4) Does the proposed proj•ecc affect a h1sc-richll
or archaelogIta site? X (Note 1)
(?cite 4)
H. Physical Impacts:
(1) will the project result is a change of a natural
body of water, vegetative cover, or land foams? _.`..y. X
(2.) Will the project result is a change ig a sonic
view or vista free► er:st ng residenciaL area
or pnubl?'c lands or roads?, ..._.�.
(3) Will, the project change the development patta=,
Scala or character of general area of project?
(4) WiL the cons=4ctiou andlor operacioa of the
project resu i c in s#ULficaat ==mnc of so?id
waste, 'Utter, dust, ash, snake, fumes or .
odors is the vicinity? X
(3) WIIII the project result in a change in
or ground cater qualit7 or qu=tit7 or a-te_a-
cion of e=sting drainage Pact==? X
(6) Gill the project subsr_=LiAl 7 change e: :Zing
no is a or vi b ra cir ri 1 eve?s is the viciai t7?
(7) Is t:je pro j Pac Slta on fiL- ed land or on .
:tope of 10% or
(3) Does the project involve t". use Or disposal
of potential!y hazardous macho-A s such as
comic substances, flasubla or e=Plos_•J-e?
(s) is the p.o jets a plisse of an e-+st:an or
?scare Larger project or series of projects?
Descriacion of the itavironmental Setting -
Prov_de the following iafor=tian on a separate Attachment:
(1) Describe .the p raj e_. site as it emits before the projecr,
:nclud_4nZ information on topography. sail stability, plants
and animals, and any c-jJtaral, hs s co r call or static aspects.
'Describe any existing sczuctures on the s_ts, and the use o:
structures. A plot plan May be re3v-4_ed for the description.
(s) Describe the sur run cing.p~'?ert=es, including infa:..at.aa cn
plants and an!mals and any c•11 tural, hstot-_ea.: or scenic
aspects. Indicate the Me of land use (residential-, commeo-
ciali , etc.) , scans_^, of land use (one-f=Mily, apa>_1ert
houses, shops, department stores, etc.', and scale of devel-
opment (height, frrntage, sac-bads, rear yard, ecc.).
CMT-nCATTON: I hereby csrz .fy t'hat. the scatemeats fu='shed
wove and in the attach e
attached t=hibits prseut the data and infor-
mac?on required for this initial ',va?uation to the best of my
ab{?11 ty, and that the faers, stateaw:nts, and iaformar ,on pre-
seaited are tree and earrecs CO the est of my knowledge a d
belief• f
DateN1A
s._..-..."-- (Sigsvture)
F'ar �i tT�/ � GtjPE�,V e
(I) The project site is comprised of eprecreation urban
complex�.r The entire including
area
acre roll course and picnic ground
lue. A taw strucrures � have greater h:stocic:l
lizs general historic va
valise as separate entities- The rcc•rer+tinn cample.�c is Incased Ln Clio
d plan enc Stevens Crack.
1Q®-year_ evr+it floo
(2) Tile project area is bordered by thn Old Malta Vista ommercial dihyrict
to the north, by the Went Valley I
einhborlsnhds to the south and West.
single-Family residential n
Fart !I
Information to 6e complefed 6y City Offaci�l�.
A. Prina--7 General Plan Consideiatiaas: Yes :_'�.�e _ No
(1) Is the project in violation of the Cir, of
Cupertino`s adopted General- P-1--m? Y
(2) Will the project burden pubic ut:li;_as and
se-:ices?
(a) Fire and police sez--rices
(b) Parks and -recreation system
(c) Schools
• (d) Water spscam
(a) Sever system X
(£) Stogy systam x
(S) Solid waste x
(3) Ls the project side outside of the Urban Sir-
vica Area of the C1t7 as defined by Santa
Clara County Loca: Ag=cy Fa=at;Ltt Co=misvizu? X
B. Social/Cultura►? I=pacbs:
(1) Will the proposed p.-ject result is the disd
plat=ent o a people? x
(2) Will 'the prajpet a?tae the emplcyment base
of the czm=u:it7? x '
(3) Will l the project altar the housing needs
Of th a cz=un'#W x
(4) Does the proposed pr.°% act z:.'act a hisbori-
csl or arzhaelogiczl site? x '
(£) Will the proposed project a '.:inata an
ex ..stiag rec.saeional use at case ,project sits? x
(6) Does the proposed project decrease public
access co ani public body of water or racras-
t;anal area? X
(7) Will the proposed pry jec: alter the locaticr.
distribution, density or grc%:rh rate of the
human population of• ah'area? Y
• •(g) Will the project result ins Yes Ma,be
•_"—,a—
The
(a) disturbance of i natural or man-made -
6 eacurQ in the project area which is utmi que? ..
(b) the obstruction Of a .scenic v;sca open to
the public?
C. Phy sical lmpac cs:
M. Will the proposed project result in the ecFesure
of pepple or proper, to geologic ha.ards sije_h
as earthquakes, landslides, mudsl±des, g--c d
failure or si=!?a ' ha ds?
(2) Will r-%e propose-i project result iz: .
(a) Unstable earth condition or changes 3a
geologic substrmccares?
(b) Disruptions, displacements, compaction or
avercovezing of -t.'xa sail? X
(e) Change n 'tapography or g.ound surface
re'i features?
._.�_ x
(d) The destr-scr_eoa, cove_-ing or modiflca-
• cion of any t aique geologic or physics:
f eature?
(e) Any increase In wind or water erasion of
soil, either oar or off the site? -
(3) U411 the proposed project result in: ,
(a) Sabstant:al air emissions or deterioration .
of ambient air quality? x
(b) The creation of objectionable odors? - x
(c) Alteration of ado Movement, =isture
or cemperatu a, or any clange in clImate,
either locally or regio=117? Y
(4) W rii the proposed project result in:
(3) Changes in absorption races, drainage
patcerms or the rate and mount of surface
Water xunaff?
X
(b) Alterations to the course or flow of
flood Waters? Y
(c) Di,scharas ingGo surface •lacers, or
is any alteration of surface water quali'tp,
includiffn but not limited ea 'temperature,•
aiaeolved ea-Igen or turaidiq? X .
• .. .... .._. - ..ter,.,_..:.-.--.--
�(8) Will the p;ajact result iac Yes Mgibe _;la
(a) The d;s turbs=* o f.a natural a r isan-made- .. _•
feature is ,the project area which is. unique? '
(b) The Obstruction of a .scenic vista. apes to
the public?'
C. P:wsical L^pac is z
(1) Wi2.l the proposed projec, resin. in the e--pasura
ar people or-properr7 to geologic hasa:ds su :z
as di thq.uakes, landslides, zudslides. S--. d
fa:Ulu a or s4--Il'*' ha--ar s? A
(2) Will the proposed project result iss
(a) Unstable earth canditlons or changes in
geologic subst ucsures? x
(b) Disruptions, displacements,, compaction or
overcaver'=g of -the still
e) Change In topography or o c=d space
relief features? ,
(d) 7ha destruction, c*ve-iuZ or wd'{ficas
tion of any unique ge clogie or physical
feature? x
(a) Any increase in wind or water use sion of
sail-, ether an or oV the sate? x .
(3) Will the proposed project result in: .
(a) Substancla? a!-- emissions or d,etae-oration .
of azbiant air quality? x
(b) The crept:on of objectionable odors? x
(c) Al tarn tion of air movement, moisture
or tesperatuie, or any change in u:33mate,
either locally or regionally? X
(�) Will-I the proposed project resUt is
(a) Chinges in absorption rates, d}..a=.•saga
pstterzs ar the rate and amuaunt of surer ca
water runasf R
(o) Alta a dons to the caurse a r flew Of
flood water$? ....-_
(c) Di.scharae into surface, waters, or
is an? alteration of surface Water quallt7,
including but not Limited to 'tesaperatumre, .
dissolved o:7gan or 'turbiditf?- . •{
• Yes Faroe 2io
• (d) Al.tera.cicn of the'direc-t on or race of flow
Of ground water? -
`(e) Change in the gvancit7. of ground wavers,
either through direct additions or wi.ch-
drawals, or- through intercepcion of as
aqu;_er by cucs or excavation?
M Saabs:.a cia~ redaction in the amount of
water o ther-w se available for public rater
supplies?
(g) E.:posu a o:: people or propestv. to water-
re'aced hz== ds such as Beading or ti-da-I
wave. x
(S) Will the proposed project result in:
(a) Change in the diversity of species; or aUMber
of any species of plants (including trees,
shrubs, grrss, crops, and aquatic plants?
X_,_
(b) Reduction of the numbers of any unique,
rase or endangered species of plaacs? x
(c) Introduce ion of ne*a species of plants into
an area, or in a barrier cc the nc=Lsl
replaeishzent of ex{sting species? x
(d) Reduction in acreage of any agricultural
crop? x
(a) Change in the diversity of species, or '
numbers of ash species of animals (birds,
land ariiza-'s mending rap iles, fish and
she2lfish, bencaic cvgaaisos or iasecd..)?
(fi Riiductjan'of the numbers of any unique,
rare or endangered species.of- animals? X
(g) Int:oduettan of new species of--nnimal
into an area, or result is a barrier to
the migration or movement of animals?
(h) Deterioration cc e=4istiol fish or wi d?i.Pe
habitat? X
(6) WI", the proposed project result in:
(a) Inc7ea9e in WdStiag uoi.se level??
(b) Exposure of people to severe noise le-tels? t i
(7) Does the proposed project significantly af.ec:
the patencia.l use ex►traction of conservation of
a scarce natural rasa rce•suer as agricultural
I rnA . a mineral- deooffiic, or woodland?
Yes M. a No
(8) will che••proposed project involve the use, , .
storage, or disposal of hazardous materials?
(a) Will the proposed. pro jeet tesulc is:
(a) Use o. subsianciaL accounts of fuel or
ened5y7 x .
�x
(b)' Substantial increase in demand upon er. ::Lsb{-zg
sAurcas of energy, or.reeu!.a the development
of new sources of enema? X
(10) W-; the croprsed F:.._eut result in.,
(a) Generation of substantial- additional- vehic.•?ar
wve=eac? Y
(b) EFfects as e: sting pa,rldng facilities, or
demand for nev parking? g
• (c) Substantial impact capon e-..istiag tr=sperta-
tion sys to=? X
(d) Ate.atians to presezit patterns of ef.rcula•-
tion or movement of people and/or goads? X
(a) Alterations to `atesboxam, rail or air %
traffic? E
(f) Increase in traffic ha ards to motor vehicles,
bicpelists or pedestrians? x
(].l) Mandatory Findings of Significance:
(a) Does che project have the potential to deg_a.da
the qua'4 cy of the environment, substaacaal?y
reduce the habitar of a fish or ail dl f e
speaes, cause a fish or a3rdlife population
to drop below self-suscalzIn.g levels, chreacen
to eliaz4nate a plant or animal cosmmxnic7,
reduce the nugber or restrict tl-e rangrof a
rare or endange_ed plant or animal ,or alit- :ate
important e.�amples of the major per•_ods of
California h?.stor7 or prebris.orq? X
(b) Does the project have the potential to
ac-hieve short-ccra, to the disadvantage of
long-term, env roamencal. goals? (a short-
carm impact on the enviroament is one which
occurs in a relatively brief, de:imicive
period of tize, while long-tee i.=pacts vi'l
andure into the future.) Y
r
(c) Does the project have impacts which
individually limited, but c7.Mulatively cPan .
sidersble? CA project 's_aay impact on r--o or
aor.a separate resources w--nere the impac= an
each resourde is relatively sma_, but where
the eifec_'of the toc:.? of these iapacts
cn the ervf.==ent is
(d) Goes the project have e»vi_o=esta?. el°e;:ts
'Which W.j., cause subs t==:al advers a
effects an human begs, either d=xsct-17 or
'=-diract-1 p? 1
Discussion oi' EhV4 rorsaehsal El laat=.ou
(Rota: Use addieianal sheers if nacassax7.)
Dete rZinaeion
On the basis as f the s la-Itiall evaluation, the Env:rosmaenta,l U- _".C.-Fatctee finds:
'that'the proposed project COULD NOT have a siV fieant affe=_ an the env -*U-
meat, and therefore rasoa=dnds the GRANT33117 OF A HEGATM DEC.&U470H.
M Thato although the proposed praj s:t could have a significant e:+ecc an t.. .
env3..oa aeac, there.will aaa be a s•+i 4fic=t affect in this case because
of the mitigation a liras descebed an an at:.coed sheet have been added
to the pro jac:. Zc is re�rmezded char A NEC�.J°CM DF.=JL&n N BE PRE?
r�"i That the Proposed, pro .act have ,t sign:gi=ac of fast on the envl.:acasaent,
an& an �ttl"�lI FfAL $�"t!C"a OR? i9 requ :ed.
Dace
�,,,,.� i.•' � ..-----_ �=;,sa, E.•wltozsmontal Ae^Mesa Coc�:.t-ae
For
• • N
•
WORTH MIMERICM
mu Our No.: 56901-51990258-PRT
"nm Lirnon
10354 Byrne Ave.
Cupertino CA 95014
t
Property Address:
10364 Byme-Avenue
Cupertino,California
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North America Title Company,Inc.
HEREBY REPORTS THAT IS PREPARED TO ISSUER CAUSE TO BE.ISSUED,AS OF THE DATE HEREOF.A
POLICY OR POLICIES OF TITLE INSURANCE, DESCRi£s,NG THE LAND AND THE ESTATE OR INTEREST
HEREINAFTER SET FORTH,INSURING AGAINST.LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY
DEFECT,LIEN, OR ENCUMBRANCE NOT SHowN OR REFERRED TO AS AN Exciv tw BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATtONS OF SAID'POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE
SET FORTH ON.THE AnACHED CBvER,COPIES OF THE POLICY FORMS SHOULD 9E READ.THEY ARE
AVAILABLE FROM THE OFFtCE'ma4 ISS3J0'wtS OEPORT.
PLEASE READ THE VXCEPTJONS7. SHOVWN OR "REFERRED TO IBELOW AND THE EXCEPTIONS AND
EXCLUMONS SET FORTW IN EXHIE A OF*""'REPORT REPORT CAREFULLY. THE EXCEPTIONS ARE MEANT TO
PROVIDE YOU WITH NOT1b,'!P', MATTERtii WMICN ARE NOT COVERED UNDER THE TEAMS OF THE TITLE
INSURANCE POLICY AND SHOULD 89 CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING TF IE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS
ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE O*SUANCE OF A
POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dated as of November 9,2001 Pam Thompson/prt
at 07:30 am Tine Officer/Examiner
4265 Hopyard Road,Suite 1,Pleasanton,CA 94588
Phone No.:(925)399-3000 Fax No.:(925)399-3028
The form of policy of title insurance contemplated by this report is:
Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is-.
A fee
T109 to said estate or Interest at the date hereof is vested In:
Timothy&Limon and cilia H.Limon,husband and wife as Joint Tenants
Page 2
Order No.: 56901-51990258-PRT
Description:
The land referred to herein is situated in the State of California,County of Santa Clara,
Unincorporated Area,and is described as follows:
ALL OF PARCEL ONE,AS SHOWN UPON THAT CERTAIN MAP ENTITLED-RECORD OF SURVEY IN
SECTIONS 122 AND 123 SUBDIVISION-A--MONTA VISTA-WHICH WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA.STATE OF CALIFORNIA.
ON NOVEMBER 14. 19621N BOOK 154 OF OFFICIAL RECORDS,PAGE 29.
ASSESSOR'S PARCEL NUMBER. 357-15-074
Page 3
Order No.: 56901-51990258-PRT
At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions
contained In said policy form would be as follows:
1. General and Special Properly Taxes,and any assessments collected with taxes,including utility
assessments,for the fiscal year 2001 2002.
Total Amount: $4,533.68
First Installment $2,2666.84 Due
Second Installment: $2,266.84 payable
Land: $265,774.00
Improvements: $113,901.00
Exemption: $7,000.00
Code Area: 63-079
Parcel Number. 357-15-074
2. The Lien of Supplerrientai.Taxes,if any,assessed pursuant to the provisions of Chapter 3.5
(commencing with'lion 75)of the Revenue and Taxation Code of the State of California.
3. A Deed of Trust to secume an indebtedness in the amount shown below and any other obligations
secured thereby.
Amount $292,000.00
Dated: January 11,1996
Trustor: Timothy A.Limon and LHIa H.Liman
Trustee: Service C Cat Fed
Benefi .- � Corporation,a California corporation
�IarY' California Federal Bank a federal savings bank Y
Recorded: January 23,1996
Instrument No.: 13169272
Loan No: 0311653691
4. A Deed of Tmst to secure an indebtedness in the amount shown below and any other obligations
secured thereby.
Amount $293,000.00
Dated: October 1, 1998
Trustor: Timothy A.Limon and LOW H.Limon,husband and wife
as Joint Tenants
Trustee: Frederick Wark
Beneficiary: NationsBanc Mortgage Corporation
Recorded: October 14, 1998
Instrument No.: 14443058
Loan No: 27091917
Beneficiary Mailing Address: 2 North Lake Avenue,Suite 300,Pasadena,CA 91101
t
Page 4
Order No.: 56901-51990258-PRT
INFORMATIONAL NOTES:
A. There is forted on said land a single family dwelling known as 10354 Syme Avenue,Cupertino,
California.
S. There are no conveyances affecting said land recorded within twenty-four(24)months of the date of
Oft report.
C. This charge for a policy of title insurance,if issued through this title order,will be based on the short
terra rate.
Page 5
Order No.: 56901-51990258-PRT
e00D FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 (-AB512-) IS EFFECTIVE ON JANUARY 1, 1990. UNDER A951Z NORTH
AMERICAN TITLE COMPANY, INC. (-NORTH AMERICAN TITLE COMPANY. INC.-) MAY ONLY MAKE FUNDS
AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES:
• SAME DAY AVAILABILITY-DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS
ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY('NORTH AMERICAN TITLE COMPANY, INC-)IN
CASH OR BY ELECTRONIC TRANSFER(WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM
CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
• NEXT DAY AVAILABILISY-IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY!, INC.BY
CASHIER'S CHECKS.CERTIFIED CHECKS.OR TELLER'S CHECKS.DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A`TELLER'S CHECK°IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G.. A SAVINGS AND LOAN
FUNDING WITH A CHECK AGAINST A FDIC INSURED SANK.
' 24 DAY AVAILABILITY(REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE,DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TOO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS
REQUIRES A'HOLD"ON SOME CHECKS OF 25 DAYS OR LONGER IN SOME INSTANCES: PERSONAL
CHECKS, DRAFTS. PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM
MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO
SUCH HOLDS. (FOR FURTHER DETAILS,CONSULT CHAPTER 598.STATUTES OF Is".)
NOTE THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF
INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES:
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1. 198S. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR
} CHARGES,. AN EXTRA $20.00 RECORDING FEE. UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS:. ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. tN LOAD OF SAID REPORT. SIGNED'BY"THE,
TRANSFEREE.THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT"A RESIDENT OF CAUFORIlM
TITLE BUMS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED.THE SELLERISORROWER MUST FURNISH
TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 109% OR ITS EQUIVALENT. WITH:THE
INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 604S OF THE INTERNAL REVENUE SERVICE
NOTICE OF A WITHHOLDING REQUIREMENT
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT(CAUFORNIA REVENUE AND TAXATIOWCiODE SECTIONS.IBM)ON
SALES OFREAL PROPERTY. IN ACCORDANCE WrM SECTION 186M OF THE REVENUE AND TAXA*k*CODE.A BUYER MAY BE
REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 113 PERCENT OF THE SALES PRICE.IN THE CASE OF A DISPOSITION OF
CALIFORNIA REAL PROPERTY INTERESTBY EITHER
A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CAUFORNIA OR WHEN THE
DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE
SELLER OR
A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE'OF BUSINESS IN CALIFORNIA,OR
FOR FAILURE TO WITHHOLD.THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF
10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS($500).
HOWEVER,NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE,NO
BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF:
THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS(3100,000).OR
THE SELLER EXECUTES A WRITTEN CERTIFICATE.UNDER PENALTY OF PERJURY,CERTIFYING THAT THE SELLER IS A
RESIDENT OF CAUFORNIA,OR IF A CORPORATION,HAS A PERMANENT PLACE OF BUSINESS IN CAUFORNIA OR
THE SELLER WHO IS AN INDIVIDUAL,EXECUTES A WRITTEN CERTIFICATE,UNDER PENALTY OF PERJURY,THAT THE
CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(AS DEFINED IN SECTION
1034 OF THE INTERNAL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING
THE WITHHOLDINGS REQUIREMENT:
THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO
GRANT REDUCED WITHHOLDING AND WAIVERS FROM,WITHHOLDING ON A CASE-BY-CASE BASIS, IN THE EVENT THE BUYER
REQUIRES WITHHOLDING OF THE 31I3 PERCENT OF'SALES PRICE FROM THE SELLERS PROCEEDS,THE BUYER IS REQUIRED
TO FILE A COPY OF FORM FTS597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE W17HHOLomd AMOUNT DUE NO LATER
THAN THE 20M DAY OF THE MONTH FOUAWING THE,MONTH IN WHICH THE WITHHOLDING OCCURRED,UNLESS THE SELLER
HAS REQUESTED A WAIVER IF THESELLE IAt9AE¢UES'#Icf3:A WAIVER THE FRANCHISE TAX:BOARD WITHIN 45 DAYS.WILL
EITHER AUTHORIZE A REDUCED AMOUNT.613 46 AMOUNT. DENY THE REQUEST,AT WHICH TIME THSAMOUNT WITHHELD
ALONG WITH COPY A OF FORM FTS 6"MII,St ICE; TO TO THE FRANCHISE TAX BOARD,AT THE FOLLOWING ADDRESS:
FRANCHISE TAX BOARD wrMHOLDING AT"'$04ROE UNIT.P.O.SOX 651,SACRAMENTO.CAUFORNIA 95812-0851 (916)845-
4900.
Page 6
Order No.: 56901-51990258-PRT
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NATCO NOTES:
DON7 DELAY YOUR CLOSE OF ESCROM IF ANY OF THE FOLLOWING ITEMS AFFECT
YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS
POSSIBL
1. Ongoing Construction
be Title Company will require,as a:Toinimum,the following prior to insuring:
Valid Notice of Completion verified by inspection and expiration of 60
days from recordation of said notice or,
B. Approved indemnifies from Borrower/Seiler, approved financial
statement not over one year old and a waiver of lien rights from the
general contractor.
1. The Title Ccmpar y may also require proof of payment of
subcontractors, indemnity and financiaf statement from the general
contractor, a copy the contract and the with-holding of a sum of,
money, to cover the contract until the mechanics lien period has
,expired, with which to pay filed mechanics liens, or other assurances
to bo determined on a case by case basis.
It. Bankruptcy
The Title Company will require,as a minimum,the following prior to insuring:
A. The bankruptcy case be closed or,
S. An order from the bankruptcy court verifying the transaction, with a
demand placid into escrow by the trustee
9. Escrow may not dose until 15 days have elapsed from the order and
the file has been checked to verify than there are no objections to said
order.
Ill. Abstracts of Judgment,dens,Tax Liens
The Title Company will require,as a minimum,the following prior to insuring:
A. Proof that the buyer/seller is not the same party as on the recorded
liens.
1. This is accomplished by the buyer/seller/borrower completely filling out
and signing a statement of information.
S. The items are to paid off in escrow,
C. The items are to be subordinated to the new transaction.
IV. Community property
California is a community property state.
A. A quitclaim from one spouse to another must specifically quitclaim any
community property interest.
®. An interlocutory decree of divorce specifically granting the property to
one spouse is sucieett If a fanai deoree is issued aid recorded in the
county:
DID YOU ISNOW�
Any of the following situations could cause a substantial delay In close of escrow. The earlier we
are made aware of potential problems, the earlier the issues can be dealt with to ensure a smooth
and timely close of your transaction.
Are your principals toying to accompfish a tax deferred exchange? If so, have they
chosen an intermediary and who is it?
Will any of the principals be using a Power of Attorney?
Are any of the vested owners deceased or in anyway incapacitated?
Do all of the principals who.will be:signing have a current photo I.D. or Driver's License?
Have any of the principals recently tiled for bankruptcy?
Are the sellers of this 4transaction residents of California?
Has there been Achange in marital status of any of the vested owners or will we be
adding anyone to t tfe, i.e. co-signers, additidnOf insured, etc.?
Is the property c n61 vested.in a trust or will•the,new buyer/borrower vest in a trust?
Are any of the trustees of the toast deceased&incapacitated?
Will this transactiont involve a.short sale?
1!I/ill there be a new,entity fbiined, i e. partnership, corporation?
Will all of the principals be available to sign or will we be Federal Expressing documents
to another statelbotantry? If so, where?
If you have any other info-rMation-which may be useful to us..please contact your escrow officer
as soon as possible. Our;'goal is to make your transaction as easy and trouble-free as possible.
We appreciate your business and hope.that you find North American Title Company your
company of choice for all,of your title and escrow needs.
Private Policy Notice
(as of July 1, 2001)
We at the North American Title family of companies take your privacy very seriously. We do
not share your private information with anyone except as necessary to complete your real
property, title insurance and escrow transaction.
OUR PRIVACY POLICIES AND PRACTICES
1. Information we collect and sources from which we collect it: We collect
nonpublic personal information about you from the following sources:
• Information we receive from you on applications or other forms.
• Information about your transactions with us, our affiliates or others.
Information from non-affiliated third parties relating to your transaction.
"Nonpublic personal information" is nonpublic information about you that we obtain in
connection with providing a product or service to you.
2. What information we disclose and to whom we disclose it: We do not disclose
any nonpublic personal information about you to either our affiliates or non-affiliates
without your express consent, except as permitted or required by law. We mays disclose
the nonpublic personal information we collect, as described above, to persons or
companies that perform services on our behalf regarding your transaction.' "Our
affiliates" are companies with which we share common ownership and which offer rear
property,title insurance, or escrow services.
3. Our security procedures: We restrict access to your nonpublic personal
information and only allow disclosures to persons and companies as permitted or
required by law to assist in providing products or services to you. We maintain physical,
electronic, and procedural safeguards to protecAt your non f-ablic personal information.
4. Your right to access your personal information: You have the right to review your
personal information that we record about you. If you wish to review that information,
please contact your local North American Title office and give us a reasonable time to
make that information available to you. If you believe any information is incorrect, notify
us, and if we agree, we will correct it. If we disagree, we will advise you in writing why
we disagree.
5. Customer acknowledgment: Your receipt of a copy of the preliminary report,
commitment, your policy of insurance, or escrow documents accompanied by this
Notice will constitute your acknowledgment of receipt of this Privacy Notice.
'North Nnerican Title may also share your information with an insurance institution,credit reporting agency,
insurance regulatory authority, law enforcement,other governmental authority,actuary,or other research
organization for purposes of detecting or preventing fraud,crimes,or misrepresentations in connection with ar,
insurance or real estate transaction, resolving claims or service disputes, investigating suspected illegal or
unlawful activities,or for conducting actuarial or research studies.
EXHIBIT A(Rev.10117MB)
CALIFORNIA LAND WME ASSOCIATION STANDARD COVERAGE POLICY-ism
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not 0:>r loss or damage.costs,attorneys'fees or
expenses which arise by reason of
1. (a) Any law,ordinance or governmental regulation(inetuolng but not funited t:,building or zoning laws, ordinances. or regulations)
restricting, regulaffM prohibiting or relating (t)the occupancy, use.or enjoyment of the land; M the character, dimensions or
location of any Improvement now or hereafter erected on the land;(11)a separation In ownership L,change In the dimensions or
are of the land or any parcel of which the hind is or was a part;or(iv)environ>entai piotecion,or the effect of any violation of
these law%ordinances or governmental regulations.except to the extent that a notice of the enforcement thereof or a notice of a
dated,gen,or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records
at Date of Policy.
(b) Any omwMental police power not excluded by(a)above,exMV to the extent that a notice of the exercise thereof or notice of a
defect,Gen or enrwmbranoe resulting from a violation or alleged violation affecting the land has been recorded In the public reeds
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public re=frds at Date of Policy,but not exctuding
from coverage any taking which has occurred prior to Date of Pour which would be binding on he rights of a purchaser for value without
knowledge.
3. Detects.liens,encumbrances,adverse calms or other matters:
(a) whether or not recorded In the public records at Data of Policy,but created,suffered,assumed or agreed to by the insured claimant
(b) not known to the Company,not rec and ad In the public records at Date of Policy,but known to the insured claimant and not disused
In writing to the Cody by the insured claimant prig to the date the Insured clabnant became an Insured under this policy;
(c) resulting in no toss or damage to the Insured claimant
(d) attaching or created scrfequent to Date of Policy;or
;ej resulting in lass or damage which would not have been sustained If the Insured claimant had paid value for the insured mortgage or
for the estate or interest insu red by this policy.
4. Unenforceability of the Ban of he Insured mortgage because of fhe inability or failure of the insured at Date of Policy.or the inability or.taltvd
of any subseqient owner of the indebtedness,to comply with the applicable doh business taws of the sta-3 in which the land is situated.
S. Irnralift or unenforceabildy of the Gen of the Insured mortgage,or claim thereof, which arises out of the transaction evidenced by the
Insured mortgage;and is based upon usury or any consumer act protection or truth in tending law.
6. Any claim,which arises out of the transaction vesting In the insured the este to d Interest insured by this policy or the transaction creating the
Interest of the insured lender by reason of the operation of federal banknupxy.state Insolvency or similar creditors'rights taw.
EXCEPTIONS FROM COVERAGE-,OCHEDLLE B.PART I
This policy does not Insure against loss or damage(and the Ckwnpany will.rot pay costs,aKwneys'fees or expenses)which arise by reason cf.
1. Taxes or assessments which arcs not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by public records.
Proceedings by a public egengf which may result in taxes or assessments,or notices of such proceedings;whether or not shown by the
records of such agency or by the Public iaccrds.
2. Any fads,rights,interest or claims which are not shown by the public records but which could be ascertained by an Inspection of the land
which may be asserted by persons In possession thereof.
3. Easements,Dens or encumbrances.or calms thereof which are not shown by the public records.
4. Discrepancies,conflicts In boundary lines,shortage in area,encroachments,or ashy other facts which a correct surrey would disclose,and
which are not shown by the public records.
5. (a)Unpatented mining claims;(b)reservations or exceptions In patents or in Ads authorizing the issuance thereof,(c)water rghts,claims or
title to.water.atiether or not the matters excepted under(a),(b),or(c)are shown by the public records.
CLTA HOMEOWNEWS POLICY OF TM E INSURANCE(6098)
ALTA HOMEOW ERE POLICY OF TITLE INSURANCE(10117/98)
EXCLUSIONS
In addition to the Exceptions In Schedule El,You are not Insured.agatrtstloss,costs,attorneys'fees.and expenses resulting from;
1. Governmental police,power,and the existence or, V10I ttM of any law or government regulation. This Includes ordinances, laws and
regulations concerning:
(a) building
(b) zoning
(c) Land use
(d) Improvements on Lasted
(e) Land division
(O environmental protec5on
• This Exclusion does not apply to violations or the enforcement of these matters It notice of the violation or enforcement appears in the Public Records at
the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24.
2. The failure of Your existing structwes,or any part of them,to be constructed in accordance with applicable building comes. This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the r�'^-ilcy Data.
3. The right to take the Land by condemning it,unless:
(a) a notice of exercising the right appears In the Public Regards at the Policy Date;or
(b) the taking happened before the Policy Data and is binding on You If You bought the Land without Knowing of the taking.
4. Risks:
(a) that are created,allowed,or agreed to by You,whether or not they appear in the Public Records;
(b) that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date;
(c) that result In no toss to You;or
(d) that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25.
4. Failure to pay value'or Your Title.
5. Lack of a right
(a) to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A;and
(b) in streets,alleys,or waterways that touch the Land.
T. Water rights,or claims to water,or title on.In,or under the land,whether or not the matters are disclosed by public records.
This Exclusion does not limit the coverage described In Covered Risk 11 or 18.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6/1187)
EXCLUSIONS
In addition to the Exceptions in Schedule B.you are not Insured against loss,costs,attorneys'fees,and expenses resulting from:
1. Governments)police power,and the existence or violation of any law or government regulation.This Includes building and zoNng ord'utances
and also laws and regulations concerning.
• Land use
• improvements on the land
• land division
• enw,ronmental protections
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does
not limit the zoning coverage described in items 12 and 13 of Covered Tiffs Risks.
2. The right to take the land by condemning it,unless:
• a notice of exercising the right appears in the public records an the Policy Date
• the taking happened prior the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title risks:
• a notice of exercising the right appears in the public records on the Policy Date
• that are created,allowed,or agreed to by you
• that are known to you,but not to us,on the Policy Data-unless they appeared in the public records.
• tat re•all in no loss to you
• that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 3 of Covered Title Risks.
4. Failure to pay value for your title.
5. Lack of a right
• to any land outside the area specifically described and referred to in Item 3 of Schedule A.or
in streets,alleys,or waterways that touch your lam
This exclusion does not limit the access coverage in item$of Covered.Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10117132)WITH ALTA ENDORSEMENT FORM 1 COVERAGE
AND AMERICAN LAND TITLE ASSOCIATION!,EASE.I OLD LOAN POLICY(10117/922)WI'TH ALTA ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded fr.rm the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason a.
9. (a) Any law,ordinance or governmental regulation(Inclur.nng but not limited to building and zoning laws.ordinances,or regulations)
restricting,regulating,pr hWIng or relating to p)the o,�upancy,use.or enjoyment of the land: (H)the character,dimensions or
location of any improvement now or hereafter erected on the land;(di)a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land Is or was a part;or(w)environmental protection,or the effect of any violation of
these laws.ordinances or governmental regulations,except to the extent that a notice of'he enforcement thereof or a notice of a
detect,Hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Data of Policy.
(b) Any governmental police power not excluded by(a)above.except to the extent that a notice of the exercise thereof or a notice of a
defect.lien or encumbrance resdting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any tatting which has occurred prier,to the Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3 Defer.Hens,encumbrances,adverse claims,or other matters:
(a) created.suffered,assumed or agreed to by the Insured claimant;
(b) not known to the company.not recorded in the public records at Date of Policy.but known to the insured claimant and not disclosed
In writing to the Company by the insured claimant prior to the date the Insured daimard became an Insured under this policy:
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory Hen for services,labor or material or the extent insurance is afforded herein as to assessments for
street Unprovements under construction or completed at sate of PoUcy)or
(e) ruing in los or damage which would.not have been sustained if the insured claimant had paid value for the insurer!mortgage.
4. Unenforaeability of the Hen of the mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any
subsequent owner of the indebtedness,to compiv with the apprrcable'doing business'laws of the state in whi&..the land Is situated
51 invalidity or unenfomeabillty of the lien of the Insured mortgage,or claim thereof.which arises out of the transaction evidenced by the insured
mortgage and Is based upon usury or amyconsumer credit protect or truth Intending law.
6 Any statutory Herr for services.tabor or matedats(or the claim of priority of any statutory Hen for services.labor or materials over the Hen of the
insured mostgage)arising from an Impawament or work related to the lard which is contracted for and commenced•subsequent.to Date of
Policy and Is not financed In whole or in part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of PaHcy the
insured has advanced or is obligated to advance:
T. Any claim,which arises out of the trarrsa ell orr creating.the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy,state insolvency,or sunilar creditors'rights laws.that is based on:
(t} the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or
(H) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(lit) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer,or
(b) of such recordation to Impart notice to a purchaser for value or a judgment or Hen creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which aise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any'.axing authority that Ironies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the
records of such agency or by the public rewda.
2. any fads,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
by making inquiry of persons icy possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which am not shown`ty the public records.
4. Discrepancies.conflicts In boundary fines.shortage in area,enaaachments,at any other facts which a correct survey would dlsdose,and
which are not shown by the public records.
S. (a) Unpatented mining daims;(b)reservations or excaptions,4n patents or in Acts authorizing the issuance thereof;(c)water rights,claims or
title to water, whether or not the matters excepted under, (a), (b) or (c) are shown by the public records.
• AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10117192)AND
• . AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10f17192)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the overage of this policy and the company will not pay toss or damage.costs,
attomeys'fees or expenses which arise by reason of-
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances.or regulation),msbfcting,regulating,prohibiting or relating to p)the occupancy.use or enjoyment
of the land,(ii)the character,dimensions or location of any Improvement now or hereafter erect on the Nand.
(ill)a separation in ownership or a change In the dimensions or arse of the land or any parcel of which the land
is or was a part,or(tv)environmental protection,or the effect of any violation of these laws, ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exerdse
thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded In the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy,
but not excluding from coverage any taking which has occurred prior the Date of Policy which would be binding on the
rights of a purthaserfor value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) created.suffered.assumed or agreed to by the Insured claimant
(b) not known to the Company,not recorded In the public records at Data of Policy.but not known to the Insured
claimant and not disclosed in writing to the Company by the Insured claimant prior to the data of the insured
dainiahtbecame an'Insured under this poW,
(c) resultin j)+In no-low°or damage to the insured claimant;
(d) aftachhV, or dating subsequent to date of policy,or
04) resultIng1n foss a dammage which would nod have been sustained if the insured claimant had paid value for the
estate or 1#Iar 5t'instbW by this policy.
4. Any claim,which apses out of the transaction vesting in the Insured the estate or interest Insured by this policy,by mason
of the operation of federal bankruptcy,state Insolvency or similar ar2diors'rights law that is based am
0) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or
fraudulent transfer.or
#I) the transaction creating the estate or interest insured by this policy being deemed a pmterential transfer except
where the preferential'transfer results from the failure:
(a) to Gmety record the instrument ortransfer.or
(b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage,the options from Coverage in a Standard Coverage W.-_j will also include the following General
Instructions:
EXCLUSIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'fees or expenses)which arise
by reason of: r
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Prcoeedingr,by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not
shown by the records of such agency or by the public records.
2 Any facts,rights.Interests orr claims which aye not shower by the public records but vAdch could be ascertained by an
Inspection of the land or by making inquiry of persons in possession thereof.
3. Easements.liens or encumbrances,or dalms thereof,which are not shown by the public records.
4. Discrepancies,conflicts In boundary lines.shortage In area,encroachments,of any other facts which a correct survey
wetlld.dis�e,and whicth are not sklown by the public recartfs.
5. (a).Unpateotsd mining claims;(b)reservations or exceptions in patents or In Acts authorizing the issuance thereof.(c)
water rights,claims or title to water.whether or not the matters excepted under(air.(b)or(c)are shown by the public
records.
P 17 3 PA cE 0101
• 13169272
�-> WHEN RECORDED MAIL TO: EF7
�CALIFORNIA FEDERAL BANK,A FEDERAL SAVINGS BANK �IOOf�d��tl�ItlY�
P.O. 'BOX 54090 IW�d1 M1011M IN COMPWi it
CITY OF INDUSTRY, CA 91596-7090 1
LORETTA JACKSON EN ��� M
iR PCOR A DAM Rl t
e4_4Apk3 S i i19YR100idd
tSpee Above This�For til�lMm Datal
LOAN ID: 0311653591
DEED OF TRU4/1"",
THIS DEED OF TRUST("Security Instrument')is made on JANUARY 11 ,
19 96 .The trustor is
TIMOTHY A. LIMON LILIA H. LIMON
("Borrower").The trustee is
CAL FED SERVICE CORPORATION, A CALIFORNIA CORPORATION ("Trustee'.The beneficiary is
CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK ,which is organized and existing
under the taws of THE UNITED STATES ,and whose address is
5700 WILSHIRE BOULEVARD, LOS ANGELES, ,'ALIFORNIA :9036 ("lender'.
Borrower owes Lender the principal sum of
TWO HUNDRED NINETY-TWO THOUSAND AND NO/100
Daum (U.S. S 292,000.00 ). This debt is evidenced by Borrower's note
dated the same date as this Security Instrument("Note"),which provides for monthly payment ,with the full debt,if not
paid earlier,due and payable on FEBRUARY 01, 2026 .This Security Instrument secures to
Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
D modifications of the Note; (b) the payment of all other sums,with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security instrument and the Note.For this purpose,Bon ower irrevocably grants and conveys to Trustee, in trust,with
power of sale,the roilowing described property locatt;d it! SANTA CLARA County,Cworuia:
ALL OF PARCEL ONE, AS SHOWN UPON THAT CERTAIN MAP ENTITLED
"RECORD OF SURVEY IN SECTIONS 122 AM 123 SUBDIVISION
"A"-MONTA VISTA" (AS MORE CLEARLY SHOWN ON THE ATTACHED
LEGAL DESCRIPTION MARKED EXHIBIT "A" AND MADE A PART HEREOF.
e
which has the address of 10354 BYRNE AVENUE CUPERTINO
(Street] [City)
California 95014 ("Property Address");
ltip Codel
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additiens shall also be
covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower
warrants and will defend gunerally'the title to the Property against all claims and demands,subject to any encumbrances
of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants<xith
limited variations by,jurisdiction to constitute a uniform security instrument covering real property.
CALIFORNIA-Single Family- Fannie b r Gage I of 6 pages)
ALS CA019/4t Z•<9
CD 5670D C9-,Q•{Apltl�I�T YA�OC/►CIA
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APN 357-15-074 ANNEXATION-LIMON BYRNE AVE. 2 of 2
01-08 150 RESOLUTION 02-03:5) 2002
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. hlgbW hfddw at do Haze snapiaee and aadar ile taa.a dntmftd fa the aodce of a e is aae oe Dore and to
any oQdee 3leastee d 'l=AND aaq WA of A or mW pu vd of tie" ly Ir/l ac t
at die d e and Once of mg nte. mww or ita 8evee owl 1 1 m tie ileopez�U NW IMtL
Tr umee don ddhw to dw p wdmw 1ve'a fted tie phoeftmubodou comma ae wareaaic,
cgwtmd or The ndob iu tie Tea OWb#Ad dog he peon Mwb eddemoe at tie,ft&at die aadmnm b
aziade tiet thL Troia siatl ap*do pnocab of tiro pie to tie Madws otter. (s) to all eqmmum et do me%
kmbmuft hrs ad MwW t4 r aid&#nwW bw (b) t• A mo s bQ► tilt Smu ft
6c)aapraocear��e wpezrpanrbW*adftWt*k-
Rswoffmm Upwe psi of A som scam t Secu ft ant,Lcadcr shall request Ttwm to
reomey tine ftopetq ud sbA szzrraader tbb S T,i� end aII soft eve debt scued by ft.Sscu ty
Ind to T ltm Ilufte shalt fecomy the t3.:f-w fi %-:Aaut war-t* amyl wkhm cienge to Me person or
per�zS hty ent�d ttf d.Sala peep a pera0ca ih8L �=1�.�q raza�rdetian�
' 23.8 Le>tder,°at its optv�,�fin. . erne to °sae appoant� trzzatae t�aay'l�ee
besxn�er by as az�nznnent aameted asd aedped fry ���dee aid r�rderl in the oil of tiro Iteaordex
of ft conay is viii &the y h;beft&JULbOMMM clash NU�,j dze one of the MWOdIM&W19rmpa m
Borrower,ftbwk and page vkm f Seez t Iultrtmasnt is roc%�.r:and the nun and Adrese of the�u�oe os
tezzfce: VrOhow convep= of the Property, the.,weetwor trove &,,- i mod to A the tom, poseess ad
to`tYrnfee he em and by a bly tsar.Thin pry for aWbOon of trustees A Surma to tie
<- aaeia>cion of all other praOnb far absftftm
?,!i tarNotht'a. Bozrmrser requesu that cans of the notices of defuh and a&be sent to Barravds
asddreas whiff as tits Pirapertg�Addcacs.
2qrs%ftww4WGwfdtow Bee. Leader aaay coUca a fee not to cuced the medmum anma pounitted by hzvr
farfuaiiahisgthe° ;af as d-bySection2Mof`ftCMCA&ofOr3iforais
2L llUtarr%tiffs • ff we arm+sre eiulera are cmcftd by and',n rdod vrith
this Sbm ter InA meA ft wimuft sod ageeenta ts of each such rides slR be inaorpoeated fift end slap amend
aad zpkxu mt the cove=om and ag memeso of this$ecox tq laur imeat as N the ride (s)w=a put of this Sean*
to anent.(tom sPp1k"botes)1
Mp tsbl;Rate l8ides Ganda aiam Rider 1-4 Pau*Rider
Graduated Payment Rider PtsnuW U&Dement Rider Biweeldy Yaycaan Rider
Hasom Rider Rye Impmmmm Rider second Itame Rider
VA hider a�(8)'�sl�►l
BY SIGNING BELOW, Bosun wz acapa,snid agrees to ft terns$ and covenants conwined is tt Seazmby
Instrument and in any dder(is)exeeumed by> er ayad recorded vviHs it.
�lnaeazzs:
G
TIl►1 HY A. /LIMON
.;
ULIA H. LIMON
oil (SaoaiMW f�L.i ►
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Ai$G1?D8/ift�S MIfA!ts. a.Ms, ,*w
' t�llli �Ro' 03116a3593
. lAli: 4?i47N
IRA's
ALL OF PARCEL ONE, AS 8mom twON TAT C£RAI mAP ITLam, "RECORD
OF SURVEY IN SECTIONS 122 AND IL23 SUBDIVISION RAN-MMA VISTAG 'WHICH
MS FILED FOR RECORD IN THE' OFFICE OF THE RECORDER OF TIM CITY
OF SAl.1iT`A CLARA, STATE OF CALIFORNIA, ON NOVEMBR 14, 1962 IN BOOR
1S4 OF OFFICIAL RECORDS, PAGE 29.
ASSESSOR'S PARCEL ER: 3S7-1S-074 ._
e
OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY. CALIFORNIA
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