HomeMy WebLinkAboutFernando 88-07 Annexation ANNEXATION SAN FERNANDO 88-07
1988
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A.PN 357_ 15-45
PROPOSED AWQC:/,ATION
TO THE
GI -'Y OF GU ERTINO
_ ENTITLED
" BAN P-ERNA.NDO f-VE. SS - 07"
-.._0C 0 ER ��9 F3B T�
CITY Cupertino
DATE OF FILING 1-6-89
Ordinance or Resolution:
Uninhabited - San Fernando 88-07
scree r square
1. Area involved in the annexation? Q. ?L miles)
2. A. Assessed value (exclusive of all exemptions except the homeowner's and busi-
ness inventory exemptions) of annexed area on the county assessment roll as
of Harch=l, 1988 (see item below) .
B. If estimated how was the estimate derived?
4
3. A. Assessed value of state-assessed properties (if known).
B. Is this estimate included in item 2A above? N K
Yes No
C. If not known, are there any significant state-
assessed properties located in the annexed
area? Yes No
D. If yes, please list the utilities and describe briefly their properties:
4. We would prefer to receive assessed values as of March 1, 1988 rather than
March 1, 1987 Values as of 1987 are acceptable, but some estimate of the
assessed value changes between the 1987 and 1988 lien dates is headed if there
has been any significant activity in the annexed area between these two dates.
If 1987 data is submitted, please indicate so by correcting the year in item
2A and provide an estl t� of value changes here.
RETURN TO: Signed
Research and Statistics Division
State Board of Equalization Title
P.O. Box 942879 -efca�ft
Sacramento, CA 94279-0001 Date 7
D*." . cc e Sec. 6. ' , j
_County of Santa Clara
California
Local Agency FonnNlon C;ollm iviot+ ter'
County Government Center East w-6 —
70 West "Odain6 E•`treet i
San Joe# California 94l10 ® St'
290-432, Area Cooe 408 FEE
CERTIFICATE OF COMPLETION
I , Sally C . LogothettI , the Assistant Executive Officer of the Santa
Clara County Local Agency Formation Commission , issue this Certificate
of Completion pursuant to Sections 57200 and 57201 of the GovernmP:-t
Co3e .
I hereby certify that I have examined the resolution for a change in
organization /KKDT4=3330= attached hereto and have found this docu-
ment to be in compliance with Section 56626 of the Government Code
a.;t!- z)rizing cities within the County of Santa Clara to assume aut'—r-
ity over certain changes in government organization.
The name of the City is : Cucn_-rtino
The entire City is located in Santa Clara County .
The change of organization completed is an annexation
A map and description of the boundaries of the change of organization
1s appended hereto .
The title of this proceeding is : S (uninhabited ) .
The change of organization was ordered subject to the following terms
and conditions :
i:0;.2.
The date of adoption of the City resolution ordering the change of
organizer is Decerr.rer 19, 1988
Dated uanuary 5, 1929 �.
A silt at ExePeCtive Of,4icer
Santa Clara County
Local Agency Formation Commission
Att : City Resolution
Map
Legal Description
An Equal O®ponuntty Employer
County of Santa Clara
Department of Planning and De'velopnnent
Office of the•COUnty Surveyor
Cot nt"Governn lent Center.East Wing
70 licdc Ili i;Strt—t —
�2)n lo> (.U.26too11a 9.-,1 I() ,. is
1408)299 2871 r�� A,
November 1 , 1988
Dorothy Cornelius, City Clerk
City of Cupertino
P.O.Box 580
Cupertino, CA 95015
The attached map and description of territory proposed to be
annexed to the City of Cupertino entitled SAN FERNANDO AVE, 88-07 is in
accordance with Government Code Section 56826. The boundaries o-r said
territory are definite and certain. The proposal is in compliance with the
Commission's road annexation policies.
JAME S F. SIRR,
Manager/County Surveyor
by A
M. D. Marcott, DLputy
Attachment
cc: LAFCO Executive Officer (w/attachment)
Lavenia Millar, Public Works
t3uarlutSupervisors:Sn�.mnt•v "il4un.lut•Lofrrt•rtl'hont•tsl I t•�;<ut.Iltxll,Intlrnt I)i°nutt•:Atcht•nn,t
t;(:)unty F.xeC,utive:S�ill\ R Itco l
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"SAN FERNANDO AVE. 88-07"
(PASSANTINO)
All that certain real property situated in the County of Santa Clara,
State of California, more particularly described as follows:
Portion of Section 08 and a portion of San Fernando Avenue as shown
on that certain "Map of Subdivision "A" Monte Vista", which was filed
for record in the Office of the Recorder of said county on April 11,
1917 in Book P of Maps at Page 20, more particularly described as
follows:
Beginning at the southeast corner of said Section 108; -
Thence from said Point of Beginning East 330- 13 Feet along the nor,..._rly
sideline of San Fernando Avenue to a point along the westerly boundary
of that certain annexation to City of Cupertino entitled "San Fernando
81-04";
Thence South 40.00 feet along said annexation to a point on the southerly
sideline of San Fernandc Avenue;
Thence West 600.60 feet alcng said southerly sideline of San Fernando
Avenue to a point along the easterly sideline of Byrne Avenue, said
point also being along the easterly boundary of that certain annexation
to City of Cupertino entitled "San Fernando 84-01";
Thence North 40.00 feet along said annexation to a point on the northerly
sideline of San Fernando Avenue;
Thence East 250.30 feet along said northerly sideline of San Fernando
Avenue;
Thence North 148.42 feet;
Thence East 50. 15 feet;
Thence South 148.42 feet to the Point of Beginning.
containing: 0.72 acres more or less
A.P.N. 357-15-45
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A.P N. 357- 15-45
PROPC'�Jc D ANNEXATION
TO THE-
( 17Y OF GUPERTINO
ENT IT L E.D
" 5AN P-ERN4JDO AVE. 88 -07"
OCTOBER II9 8rd
Santa- Clara County Local Agency Formation Commission Ph. : (408) 299-4321
County Government Center - 10th Floor, East Wing
70 West Hedding Street
San Jose, CA 95110
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the Local Agency Formation Commission
of Santa Clara County for approval of a proposed change of organization or
reorganization, and stipulate(s) as follows :
1 . This 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 or reorganization is designated as:
"SAN FERNANDO AVE. 88-07"
and consists of :
consolidation of special districts
formation of new special district.
incorporation -
X annexation to THE CITY OF CUPERTI'40
detachment from (name City/District)
of 0.72 (number of) acres on the N (n/s/e/w)
side of SAN FERNANDO AVE. (Street/Avenue)
between BYRNE AVE. (Street/Avenue)
and ORANGE AVE. (Street/Avenue) ;
and (if applicable) _ annexation
detachment
of the same to/from
(name City( ies) /District(s) )
3 . A metes and bounds description of the exterior boundaries of the terri-
tory( ies) included in the proposal , marked Exhibit A. and a map of said
territory(ies) , marked Exhibit B, are attached to this petition and by
this reference incorporated herein.
4 . The territory to be organized/reorganized is: _ inhabited.
( "inhabited" = 12 or more registered voters) X uninhabited .
5 . This proposal X is consistent with the Sphere of Influence of the
is not affected city and/or district(s) .
6 . The reasons (s) for 'the proposed ANNEXATION (annexation, detach-
ment, reorganization, etc. ) is/are:
TO PROCURE CITY SERVICES
7 . It is desired that the proposed change of organization or reorganization
be made subject to the following germs and conditions:
N/A
8 . The person(s) signing this petition has/have signed as (check one) :
X owner (s ) of land within the affected territory.
— registered voter (s) within the affected territory.
9 . The undersigned proponent(s) X do own 100% of the territory p.o-
do not posed for change of organiza-
tion or reorganization.
1
op°sal t be
_�- d in the vtolp ed to
is ineVad i5/ate
,CO*. etits°n new distrisaid) dist.rlctt are re-
LA O�
formation 'and :t Wbicb 4r°Visions
the acts) too°sale
1p . It'; nci'Pa s Jare. A '�� in the
fotmed ' is i`-IUaed
Oration
ntment o,L' ordance
1 in acc d
ll 1uestea for aQF easUret be ti nment code
an
gana9et and city �r oce4:ding the G°Vgt
et
.� city
Cl � a that ptse4, °
city st�s) GO et
regUe o
et its°net off) Sectlonf ollows. 9
Wheretote'pF°vi sig�4 �tets� as lE T1�a�e)
th tb ftg1� Cie' e tht Electl�t
nerewitb a Wt to ores Precis«
pare
res ess 0 .
fPV it i net street t d er Zi
`glease bE i° Cit
e
name atute•
phone'
phone
e ter
1 ann
�
f_.-- or °r d ow .
phone' territory resident"v0
Znhabl red for
olving d territory of
als lnV inhablte
- rot p o °spro2os. volVin9
atpIs In
,n tl pro o a 4osals
initiated
l/l/86
Rev '
'Santa Clara County LAFCO Ph. : (408 ) 299-4321 - Sec 'y
county Government Center - 10th F1 . , E. Wing (408) 299-4716 - Exec.
70 West Hedding Street, San Jose, CA 95110 Officer
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted, in
original and 5 copies , with any petition or resolution of application to
LAFCO for a change of organization (annexation or detachment) or reorgani-
zation (multiple annexations and/or detachments) made pursuant to the
Cortese-Knox Local Government Reorganization Act of 1985 (Government Code
Sec. 56000 et seq . )
PROPOSAL DESIGNATION: SAN FERN Nno AVE_ 88-01
Annexation )
RetXk2hMe0& )to/4=em THE CITY OF CUPERTINO
Rexc4az k:bon) (City or Spec .District)
ENVIRONMENTAL STATUS OF PROPOSAL
X THE CITY OF CUPERTINO as Lead Agency for environmental review
(Name of City/District)
of the project, has already PREZONED
(prezoned? other approval action?)
the territory on .TUNE 4, 1984 and in compliance with CEQA, has:
(date)
determined that the annexation is categorically exempt from pro-
visions of CEQA pursuant to Cal .Adm.Code Sec.
(cite class exemption section) .
X completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
completed a Final EIR for the annexation, a copy of which is
attached to this application.
LAFCO is to be Lead Agency for the environmental review of the pro-
ject and the completed Environmental Information Form required by
LAFCO environmental assessment staff is attached to this applica-
tion. (Environmental staff phone: (408) 299-2521 . )
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal . Adm. Code Sec . because
CHARACTERISTICS OF THE AREA
1 . Number of acres 0.72 ± AC
2 . Number of inhabitants 1 _-
3 . Number of registered voters 99
4 . Number of dwelling units 1
5 . a . What is the present use of the area (be brief , but specific) :
!a l G_e w1 ctt'
b. Indicate the parcel numbers of those parcels, if any, which arn
under contract with the County under provisions of the Williamson
Act.
c. What steps, if any, have been taken or are proposed to be taken
to release the above parcel (s) from the contract?
FILING DEADLINE: 5 :00 p.m. on the first Wednesday of the month, for LAFCO
hearing on the second Wednesday of the following month.
b . •a . For ^ity annexations, what is the prezoning that has been applied
by the city to the affected area (Note : Prezoning is a LAFCO fil-
ing requirement for city annexations) :
R1 - 7.5
b. Does the applicant intend to propose a change in this zoning '_f
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 pro-
posed for the territory, if any, and when this development is ex-
pected to begin.
ADDITION - JANUARY 1989
8 . Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES X NO
If NO, please explain the reason for non-conformity and provide
justification for LAFCO' s approving the boundary change as proposed:
9 . Do the boundaries of any proposed city annexation create an island,
corridor or strip of unincorporated territory? YES NO x -
If YES, answer �.he 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. )
h . Number of inhabitants?
c . Assessed value?
d . Land use and zoning in island, corridor
or strip?
e . Describe present and proposed sewer and water services in island :
f . Does the proponent request waiver of restriction against
creation of an island? YES NO
If YES, explain why creation of an island is justified .
SERVICES
10. Is the territory proposed for annexation/&atsodamexHKAzexmxgamAnmti)gn in
the City or District ' s urban service area? YES x NO
11 . If new development is proposed on the site, will this new development
be permitted without community sewage discharging into an existing
sanitary sewer system and disposal plant? YES NO X
If YES, what arrangements will be made to provide sewage disposal?
12 . Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be financed
by the formation of a special assessment district? YES NO X
If YES, describe service(s) or improvement(s) and the average cost
per resident/landowner of the district.
Service/improvement :
Cost : $ /yr . for r_ yrs . $ /yr . for yrs .
SuDn1 . Anol . - 2
13 . List all cities, special districts, ( including school districts) and
'County Service Areas located within the area of this proposal . (Ex-
clude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water Importa-
tion. ) (Refer to County Tax Rate Code Book for this information) :
CUPERTINO ELEMENTARY SCHOOL DIST. CUPERTINO SANITARY DIST.
_ FREMONT HIGH SCHOOL DISTRICT MID PENINSULA OPEN SPACE DIST,
FOOTHILL COMMUNITY COLLEGE DIST. _
For changes in organization of Districts, list all cities within 3
miles of the subject territory:
14 . For city annexations, list those concurrent or future detachments
from Special Districts which are proposed for this territory.
LANDOWNERS AND REGISTERED VOTERS
15 . Please provide the information requested below:
a . Owners of land* within the proposed annexation/detachment/reor-
ganization who consent to this proposal should show their consent
by signing and printing or typing their names and addresses, with
date, below. (Signatures not required if proposal is initiated
by property-owner petition; put "see petition" below and type or
print in names, addresses, etc. ) Assessor ' s parcel number ,
assessed land (not improvements) valuation, and, if 100%
property-owner consent has been obtained, certification by City/
District Clerk, must be added prior to filing. Hearing not re-
quired if 100% property owner consent is obtained.
Assessed
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zip Te1 .No. No. Land
"SEE PETITION" 21901 SAN FERNANDO AVE, 357-15-045
CpERTINO. CA 95014
( If additional space required, continue list on separate sheet & attach. )
* "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll ; where such person is no longer the owner,
then any person entitled to be shown as owner of land on t1se next
Assessment Roll ; where land is subject to a recorded written agree-
ment of sale, any person shown therein as purchaser, and any public
agency owning land . " Government Code Section 56048 .
CERTIFICATE OF CITY/DMRR= CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located
within the annexation/detachment/reorganization proposed by this applica-
tion and that the -,/- (number) signatures above represent all of the
owners of property included in this proposal . I FURTHER CERTIFY that,
pursuant to Government Code Section 56839, the City/District waives the
requirement for written notice and gives consent for the Commission to
make determinations on this proposal without notice or hear'
Date:
City/ erk
(Seal )
City/R XM of CUPERTINO
Suppl . Appl . -3
a
p. owners of land within the proposed annexation/detachment/reor-
ganization who do not consent to this proposal should be listed
by name, address, parcel number and assessed land valuation
below. Signatures and dates not required . Hearing will be held
for less-than-100%-consent applications .
Assessed
Street Address Parcel Value cf
Name City/State/ZiR No . _ Land
( If additional spate required, continue list on separate sheet & attach. )
c . FOR NOT-100%-CONSENT PROPOSALS, list all registered voters resid-
ing in the territory proposed for annexation/detachment/reorgani-
zation if different from the landcwners shown in 15a . and 15b.
above .
Street Address Street Address _
Name CityiState/Zip Name _ City/State/Zip
( If additional space required , continue list on separate sheet and attach)
16 . Print or type the name and address of officers or persons , not to
exceed three in number, who are to receive copies of the Executive
Officer ' s Report and mailed Notice of Hearing (in addition to the
Clerk/Administrator of each affected city or district):
Street Address
Name City/State/Zip
( 1 )
(2)
( 3 )
17 . 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 .
TRAVICE WHITTEN 10300 TORRE AVE.
(Print name of person complet- CUPERTINO, CA 95014
ing this application) (Address)
J(Si tur 9Y (Date)
NOTE: It is a general LAFCO filing requirement that a copy of this appli-
cation be filed with each school district shown on question *13 of this
document if the proposal involves ultimate new residential development of
five acres or more. It is the applicant ' s respon.ibility to submit this
information to the appropriate school district(s) and the signature above
is considered verification that this filing requirement has been met.
Suppl . Appl . - 4
A I
r;itlC! Study
1-,ty of Cuperiino
=nvironmentai Assessment Procedures
Number( s)
z olicacion :1-12 Numbers )
('eo roar:' 21 t98u
�'e CaliFQr'lld �,.rircnr..e^Cal vZloi__ nc: of 1970, as amended r2quiras Pub1
-sncies to evaluate public and poi•%ace projects to decer=ine their potence-al
_ -.pact on the environ-meat.
-:.is worksheec is intended to provide guidance for both you, the applicant, and
officials in assessing a proposed project cc decay-ine whetter is may or
.a. not have a significant impact on t. environment.
_: , based upon the information provided below, the City makes a dete=— inaticn ', tat
':our project may have a significant impact on the environment, you will be required
_o prepare an Environmental Lmoact Report as provided b;r state law and the Cicy
Cupe_rtino 's -Environmental Assessmenc requirements.
retailed infor-at_on .regarding the -environnenr-al assessment procedure is aval?-
abie from the Director of Planning and Development.
�crti
Inmrmction to be completes by the Applicant
?-ojecc Type (Pre)Zcni-ng :{ Tencatiie laao Otter
Use Pe--'Ut l____r Variance
0 d `Io[ICa V1SC3 Area t;ecierali_r uotmuf_c oy Ccan ,ia ! Venlla, rn tl e nnrti, imperial
ocacicn Avenue to the east , P1cCtellan Road to the se ;li and by the westerly boundary of
the nLr,cxoer:y rarm t,31T Course co Cite ,aesc .
_olicant Cit,r of Cuuertinrl
10300 Torre Avenue , Cut.crtino, CA 95014 (408) 252-4505
,,:dress of Applicant, Phane
General. Description of Project Prezone and rezone the above areas to zoning
istricts consistent with tile General Plan . Tile t>ro1e _t site contains anproxlmately
0-, acres.
-t-
�es_ripcion of ?rojecc (cont 'd . ,
--n,. c Decai' s o the �- ec
Size of Si,._
L.n t ens i ty o-- Dever
Amen-
(a) Ii resident''-al:
(1) 'lumber of units per gross; acre
(2) Residential Unit Schedule :
U�zt�r- 'lo . of Size Estimated Total
R -tai ( ship ( Bedrooms I So . ft. ` Sales Price I Number
Unit type (31
Unit type 02
Unit type 03
Unit t!pe 04
Unit type 05
IL TAL
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parking proposed
;b) If coc_aercial, industrial, or institutional:
(1) Building square footage__
(2) Percentage of building coverage of site
(3) Estiaate of maximum number of employees per shift
(4) Parking required Parking proposed
�'�e�tiCRs 22�3Ce� t� ?ot�nt:3L !ZCIC= Ot ^ ?PCt
social/Cultural lnpacts Yes t!- ce t1a
(1) c:Lll t`:e p.oposna Proiec_ resin_ Ln he diS-
Placement of People? {
(2) ':Ui :he p- jec_ alte: the e-.nplc*anent bzse
of the c::=un'__ ?
(7 ) Fill the p- iec_ ,i te- the hous�ng needs
o_ the __,,r ,.' ?
(6) Does the L, ^pcsea prcje__ a-_ec_ a RLsLor.'_c:i
or ar=haelogic?_.ti site?
(Page 4}
?hysical impacts .
(1) Will the project result in a change of a natural
body of waver, vegetative cover, or lar
(2) '.Jill the project result in a change in a scenic
•:ieu or vista f:am existing residential area
or public lands or roads:
(3) Will the project change the development pattern,
scale or character of general area of project? X
(4) Will the const=uc=ion and/or operation of the
project result in significant amount or solid
waste, litter, dust , ash, smoke, fumes or
odors in the vicinity?
(5) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns? C
(6) will the project subs cani_ially change existing
noise or vibration levels in the vicinity? Y
(?) Is the project site on filled land or on
slope of 10'- or greater? X
(8) Does the prajecc involve the use or disposal
of potentially ha=ardous materials such as
toxic substances , flammable or e-rplosive? _ Y
(4) Is the project a phase of an e:cisting or
future larger project or series of projects? ;t
,eccniocion of c"e _n: - ^rental Sec ^a
-c :zde the Eo i to in in Ea a cicn cn a sa_ a r a a s
(?) DesC'_be Cne prc; ec_ 51te as +. e:._57-7, eE0e the prCle
includin¢ inE::=ation on CopograohY , soil s.abilit': , plants
and ani:^aIs , and any cultural , historical or scenic aspects .
CeSC'_Ce an e:Cis: tn2 5;7UC_•17_s on the sita, and the use OC
Sc_ re5 . A pioc pl.a[1 may be required Eor the desc-_pt�,On
( 2) Desc-__e :he su_ . _cr.c_ 15 _roper._as , _ncluc_. _ _r• or-st .cn cn
plants and anizais a^•a any c'11t•.1rat , Rust. r__aL Or scenic
asue:-Z Tndlca_e the t 're of land use (residential , c:.-mates-
ciai, etc. ) , int ens i of land use (one-farmil apartmenc
® houses , shops , de.art-;enc scenes , etc . ) , and scale of devel-
opment (ne' 2nt , frCnCage, set-back, rear yard , ecc. )
CZFTIFiC;TION 1 hereby certif,r that the statements fur-fished
a^ove and in the attached exhibit,- present the data and infor-
mation required for this ink t'_al evaluation to the best of my
ability , and that the facts , statements , and infor.acion pre-
senced are true and correct to the best of my knowledge and
beliei.
Da c ( S=I i
(Signature)
For G --i �`r C_vPff)V--rItia
The ptoject s[te is comp r1.Getl cal <r>: ItiC iiig i!rb iii tlrvr inl[n!rnC (nc: ludittst n
acre g!llE cnt�rse and picnic .grotn[c! recrrrtt: lon Cr.-I,Iex . 1'I!e entire nren
has genera[ historic value . A Iew str!ic•turCs m y have );renter hiSCe�ricn i
ns separate entit ics. 1'lte rerrc;tr- inn Co Ole"< is Ic�catcd In ll�e
100-year event flood Plot, tot Stevens Creek.
(2) The Project lcea is bordcrc(,i I)v t1w Old Nnntl visrn (:cwmwr'r: l;tl Uisvrict'
to the norti,, by the Went valley [n!lustrial I'nr;c to the east and Icy
single-Eamily residential neiglti,url'o IS to the smith and
art 1 i •
Irrcrmaticn to be completed by City Qrric als_
Primar General Plan Ccnside_at:ions : es "s Ge ;io
(lt is the pr^jeer in violation of _ne C'_t of
Cuper_ino ' s accpt=_d Generail Plan?
(�) �'111 _he project burden pu6Lic ut. '___ies and
ser-vices?
(a) Fir_ and poi ice se^-ices X
(b) ?arks and recreat'_cn s-stem
(c) Schools X
(d) water system _ X
(a) Sewer sy stem 't
(f) Storm system X
(g) Solid waste X
(3) Is the project side outside of the Urban Ser-
vice area of 'the City as defined by Santa
Clara Ciunt7 Local Agency Formation Coa=ission? ,r X
Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people? {
(2) Will the project alter the emplaynent base
of the co=tn4tv7
;3) c;ill the project alter the housing needs
of the co--muniti?
(4) Does the proposed project affect a histori-
cal or archaelogical site?
(5) Will the proposed project_ eliminate an
existing recreational use at the project site? :t
(b) Does the proposed project decrease public
access to any public body of water or recrea-
tional area? :(
(i) will the proposed project alter the location,
distribution , densit-, or grc.ith rate of the
human population of an area?
pr�3e=_ result in: ?s :!3."De
(a) r.e dis t..rbanc e O t a naL:rai Or M,3n-'made
:eacur_ i^ the project area -;hick is unique:
(b) ne acstr- _:-cn o ; a sa_.._c rota open
:ne puoli�.
_ . Phvsicat =.,.ac_s
(1 ) ";i11 _ne P-CieOt :esu;= in :ite ex--csure
Or peTpie -, . r e 'Oi C z-;C an'.ar o'S Suc''.
a5 _anc51_.'es , mudslides , ground
or Ste...l a_ 1J lzJz-.s
(_ w___ the p:-_pCsei , .oleo_ result in.
(a) Unstable ear-h cc-ndit ans or changes in
geologic subsc=uctures? X
(b) Disruptions , dispiacem. encs, compaction or
overcoverf ng of the soil? X
(c) C'nange in tcpograph-, or ground surface
relief features? X
(d) =ne destr':ct_on , covering or modifica-
t'_en of any ur.ique geologic or physical
feature? X
(e) Any increase in ind or pacer erosion of
soil, either on or off the site? X
(3) Will the proposed project result in:
(a) Substantial air emissicns or deterioration
of ambient. air quality?
(b) The creation oc objectionable odors? x
(c) Alteration of air movement, moisture
or temperature, or an change in climate ,
either locally or regiona.117?
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the rate and amou:_t of surface
water runoff7
(b) Alterations to the course or flow of
flood waters ? X
(c) Discharge into surface uaters , or
in an•: alterat'_cn of surface rater eualit.; ,
i Cludi �^, but not limited to temperature ,
diaeot•,,P� or:gen or turbidit•,•? `_� _ X
(d) Altarat-on o c:ie direct__n cr r z C e a flow
of ground water? X
(e1 C-ang�_ .n t':e quancity o -. :nd zce-
e-tner througn dire-- add__-cns c .
dr3.al , ct c'nrous interception of an
aqui-_r by c:.ts o, excavation .
Substanc_al uction _n c`:e amount of
.:ace_ ocher=ise aVa laUl? . .r public .aver
SUpp14 -Sl
(g) _. 7csure C f people or ?ropes_. _o .:ac-2r-
relaced hazaras such as fl-:!od4n7 or tidal
:rave.
(�) Will the proposed project result ir.:
(a) Chanze in the di':ersit.t of species, or number
of any species of plants (including trees,
shrubs , grass , crops, and aquatic plants? .�
(b) Reduction of the numbers of any unique,
rare or endangered species of plants? ;t
(c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species? ;t
(d) Reduction in acreage of any agricultural
crop? t
(e) Change in the d'_-rersit, of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shell-;-Ash , benthic organisms or insects)?
(f) Reduction 'of the numbers of any unique,
rare or endangered species of animals? X
(g) Incroducticn of new species of animals
into an area, or result in a barrier to
the m.igracion or movement of animals?
(h) Deterioration to e_-cist'_ng fish or wildlife
habitat? X
(6) Will the proposed project result in:
(a) Increase in existing noise levels?
(b) Exposure of people to severe noise levels? X
(7) Does the proposed project significantly affect
the potancial use extraction or conse^:acion of
a scarce natural resource such as agricultural
land, a Wineral deposit., or woodland?
_ ;t
pS `.!a r)e :in
�S) «L11 =ne pr ocSed project in,:oL':e _.ie 'lsa
storage , a disposal of hazardous mate. ials'
Fill the prcposa-d pro Jett result in :
(a) Us-i c suc3can:_al amount; of fuei or
ener;y :t
(b) Sucstsc_-a! _nc_ ease demand uonn e.._ t_c5
sour_es Gf ener 4 y , Gr _ e•qui:e the de:•ei3cmenc
of ^ew spurts of --ne—I
will the pr `Gcs?d L•_7 iL't r'erult _a :
(a) of substantial additional
mcvemen c?
.(b) effects on existing parking facilities , or
descend for new parking? :t
�c) Substant_a:. L^19aC_ uOOR e:ciscing c_aasporta-
ticn sv s cents?
(d) ?"aerations to present patterns of circula-
tion or movezienc of people and/or goods?
(e) kL:erati ons to wace=bor^e, rail or air
traffic? ,t
(f) increase in traffic hazards to motor vehicles,
bic7clists or pedestrians?
(ll) Mandatory Findings of Significance:
(a) Does the project have the potential to degrade
the aual.ity of the environment, substantiallJ
reduce the habitat of a fish or wildlife
species , cause a fish or •.rildlife population
to d:•oo below self-sustaining le:•eis, threaten
to eli.minace a plant or animal ro=unit7,
reduce the number or restrict the rant' of a
rare or endangered pLant or animal or eliminate
inportanc examples of the major periods of
california history or prehistory? :t
(b) Does the project have _the potential to
achieve short-tern, to the disadvantage of
long-term, environmental goals? (a short-
ter_•t Inoact on the environment is one which
ocours in a relative17 brief, definitive
period of time, while long-term iapact9 wi11
endure into the future. ) X
(c} Does r A=' _ ave imcac_a %t,_cn are
Lnd_ idua1.1 y i 's _ted . but _unu Lac : :eI y on-
sl:le-spLe
5�0 7 a 7 r __:Cur_._., -;neap ..:'p.1C_ on
c`CS _ imp,Ict3
on t;ie env_z r.=ent is signi__canc. i X
(d "ces ..he p-, ..; e^ _ n.i ,� _... .__ _n;^enc...!
+nis7 i_1 cause subsc
Cr. 'nunan or
_SC•+SS..�n 7L ^O` r � 'ai �n
(dote : Use additional sleets i_` necessary.;
=to^...ination:
Gn the basis of this initial e•.aluat on, the L:iviron...ental ReviP.tir Cot= tree finds :
That the proposed proles' COULD NOT ha-,e a signiricant ee_ __t en the en:i:on-
ment, and therefore reccr-rends the G?ru7Ti,IG OF A ticGnTlnE DECLARATION.
I That, although t!ie proposed project could ha',e a signi_icant effect on the
environment , there will not be a significant effec-t in this case because
of the mitigation measures described on an actac;ied sheet have been added
to the project. It is recommended that A NEGATIVE DECL•111 •lTION BE
�i That the proposed project IRAY have a significant effect on the environment,
and an El VIROCt'• EIIT31L I;-?ACT R<PORT is required.
Dace
�Ct �,:: an, En v i:on:.-ienrai Ca,=—IttPe
I,r Cut„ I I i!t
I V I•: 1)F('I_%I?A I I!IN.
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it„r1It I niltrr I;I I Avr•nnr Ln I lit, cast ,
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a I,I'C) , 1' (1,1 :111 .(I Ili.vrlu pill,•nP wi ! it :I iir;; idrIIL IHl
It .h-7 . 7 (lwt'l I illy•, units p(•r 1;r1, ;;; it n-) , P (Itl:tnrtrrl
Devi• I nllnit•tl I w i I It 1. i y•.ItI I Ildlist r I:I I ;In11 Rr:; i licit I:I I ) ,
i' (1'I :rtulctl I)t'vt•l r,l,nrrn l w i 1 11 \t,r• I I-it l l n rt /R(-r rt•H L l
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b_i-till Inl,S (I IF IIcI:i'Sinnm;11 int, 11 dY
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9
1 lilt,
P 1 HI111 1 It I, li i rt'C I r
This 13 to certiCy that the above Negative Declaration w13 filed
In the oC;ice of the City Clerk of the City of Cupertino on May
22, 198-1 .
Deputy City Clerk
PTR-3A 5/87
g
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed,the seller must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099,or its equivalent,
with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal
Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a
correct Taxpayer Identification Number.
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO
THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE
DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT
HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER
ARE SET FORTH BELOW:
First American Title Guaranty Company
10440 South DeAnza Boulevard
Cupertino, CA 95014
(408) 252-7000
PTR-2
APPLICANT: Los Gatos Properties ESCROW OFFICER : Pat Mount
202 University Avenue CONTACT AT : (408) 252-7000
Los Gatos, CA 95030
ESCROW ORDER NO. : 455832
Attn: Dawn Edwards-Pressenda TITLE ORDER NO. : 455832
TITLE OFFICER : Carolyn Caldwell
CUSTOMER REFERENCE : None Shown
PROPERTY ADDRESS : 21901 San Fernando Ave
Cupertino, CA 95014
COPIES TO: Coast to Coast Properties
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of
title insurance contemplated by this report is: A CALIFORNIA LAND TITLE ASSOCIATION STANDARD
COVERAGE POLICY - 1988, OWNERS'S POLICY, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR
ADDITIONAL COVERAGE IS GESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of
Title Insurance in the form specified above, describing the land and the estate or interest therein
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 Exception below or not excluded from coverage pursuant to
the printed Schedules, Conditions and Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached.
Copies of the Policy forms should be read. They are available from the office which issued this
report.
This report (and any supplements or amendments thereto) is issued solely for the purpose of fac111-
tating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
Title Operations Manager
First American Title
PTR•2
Order No. 455832
Page 2
Dated as of September 28, 1988 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
VERA G. PASSANTINO,
surviving joint tenant
The estate or interest in the land hereinafter described or referred to covered by
this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. TAXES for the fiscal year 1988-1989, a lien not yet due or payable
1st Installment: $217.56, unpaid
2nd Installment: $216.56, unpaid
Land : $12,789.00
Improvements : $19,428.00
Personal
Property : ;-0-
Exemption : $7,000.00
Assessors
Parcel No. : 357-15-045
Code Area : 63-079
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 com-
mencing with Section 75 of the California Revenue and Taxation Code
3. EASEMENT for the purposes stated herein and incidents thereto
Purpose : A single line of poles and wires
Granted to : Pacific Gas and Electric Co.
Recorded : September 27, 1922 in Book 559, Page 522 of Deeds
Affects : Along San Fernando Avenue, width not disclosed
First American Title
PTR-2
Order No. 455832
Page 3
4. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions, or
terms, but deleting restrictions, if any, based on race, color, religion or
national origin contained in the instrument recorded April 18, 1944 in Book
1198, Page 276, Official Records.
CONTAINS mortgagee protection clause.
5. A Deed of Trust to secure an indebtedni;ss in the amount shown below and any
other amounts and/or obligations secured thereby
Amount : $22,000.00
Dated : July 1, 1985
Trustor : Vera G. Passantino
Trustee : City of Cupertino
Beneficiary : City of Cupertino
Address : 10300 Torre Avenue, Cupertino, CA 95014
Loan No. : None Shown
Recorded : July 3, 1985 in Book J391, Page 1806, Official Records
SUBSTITUTION OF TRUSTEE under said Deed of Trust
New Trustee : Community Development Financial , a California corporation
Recorded : May 13, 1988 in Book K534, Page 343, Official Records.
First American Title
9TR-2
Order No. 455832
Page 4
NOTES:
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein
described property recorded within two years prior to the date hereof except
as follows:
NONE
First American Title
PTR-2
Order No. 455832
Page 5
LEGAL DESCRIPTION:
REAL property situated in the Unincorporated Area, County of Santa Clara, State
of California, described as follows:
Portion of Section 108, "Map of Subdivision "A" Monta Vista", filed on April 11,
1917 in Book P of Maps, at Page 20, Santa Clara County Records and more par-
ticularly described as follows:
Beginning at the point of intersection of the center line of San Fernando Avenue
(40 feet wide) with the East line of Section 108, according to the Map hereina-
bove referred to; thence West along said center line, 50.15 feet to a point that
is distant along said center line East 50 feet from the West line of said
Section 108, thence North and parallel with the East line of said Section 108,
168.42 feet to a point that is distant, South 160.82 feet from the center line
of Almaden Avenue; thence East and parallel with the center line of San
Fernando Avenue, 50.15 feet, to the East line of said Section 108; thence South
168.42 feet to the point of beginning.
Excepting therefrom so much thereof as lies within the bounds of San Fernando
Avenue, as said Avenue is described in the Deed from A. A. Zolezzi , et al , to
the County of Santa Clara, dated January 3, 1946, recorded March 15, 1947 in
Book 1464, Page 140, Official Records.
APN: 357-15-45
October 12, 1988
First American Title
IVC?TICE
THIS MAP MAY OR WY NOT BE A SURVEY OF Nh
LAND DEPICTED Hl:i. ; I IT 1S NOT TO BE REI:IE')
UPON FOP, %P'a' P.l.R 0-y._p ; CLiIE��TIP: i
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-0
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type)
1- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1573
SCHEDULE 8
This policy does not im,ure against loss or damage,nor against costs,attorneys'fast or expenses,any or s11 of which arise by reason of the following:
Part 1
1. Taxes or at onments which are not Shawn as existing liens by the records of any taxing authority that swiss taxes or assessments on real property or by the
public records.
Proceedings by a public agency whin may result in taxes or atsosamants.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 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 per-
son*in possession thereof.
3 Easements.bent or encumbrances,or Claims thereof,which are not shown by the public records.
4. Discreponcle ,Conflictsinboundarylines,ahortageinarea.encroachments,or any otherfacts which a CofiriliCt surveywould disclose,and which are not shown by the
public records.
b (a) Unpolented mining claims; (b1 ►esenretlong Of exceptions In patents or In Acts authorizing the W-iance thereof; (c) water rights.claims or title to water,
wAethe+CT not the matters excepted under 40.(b),or(cr)are shown by the public records
D. Any right.title,interest,estate or easement In land beyond the Imes of the area specifically described or referred to In Schedule A,or In abutting streets,roads,
avenues.alleys,lanes.ways or waterways.but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access too
physically open street or highway is Insured by this policy.
T. Any law.ordinsince orgov*mtnentalmgulationfincluding but not Ilintled to building andtoning ordinances)restricting of regulating orprohlbiting the occupancy,use
Of enjoyment of the land or regulating the character,dimensions or location al any Improvement now or hereafter erected on the land,or prohibiting a separation In
Ownership or a change in the dimensions or area of the tender any parcel of which the land is or was a pan,whether or not shown by the public records at Dale of Policy,
Of the offset of any violation of any Such law,ordinance or governmental regtt!:l.°on,whether or not shown by the public records at Date of Policy.
A Rights of eminent domain of governm®ntaf rights of police power unless notice'Of the exercise of such rights appears In the pubb.•recoroa
g. Defects.Uens.eneumbrancae,adverse claims,it other matters (a) whether or not shown by the public records at date of policy,but created,caused,suffered,
assumed or agreere to by the insured claimant (b) not shown by the public records and not otherwise e.cfuded from coverage but known to the insured claimant
either at Date of Policy or at theidete such claimant acquired an estate of intoresi insured by this policy or acquired the insoro�mortgage and not disclosed in wiling
by the insured claimant to the Company prior to the date Such Insured c4ima..1 became an Insured hereunder, (c) resulting in no We or damage to the insured
Claimant (d) attaching or created subsequent to Oslo of Pot cry;or (a) resulting in loss or damage which would not have been sustained if the insured claimant had
been a purchaser or encumbrancer for value without Mnowtodge.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORMS-1 970(AMENDED 10.17.70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. du-ylaw,ordinance orgorornmentalregutatibn(includingbutnotlimitedtobuitdinganptoningordinsncd=)restrictingorregulatingorprohlbitingtheoccupancy,use
or enjoyment of the land,or regulating the character,dimensions or location of any Improvement nr a or hereafter arected on the land,or prohibiting a aeparation in
ownership or a reduction in the dimensions of area of the land.or the*"act of any violation of any such law,ordrnanc-or governmental regulation.
IL Rights of eminent domain or governmental rights of police poor unless notice of the exercise of such rights apposes In 114 public records at Date of Policy.
3. Defects,liens,encumbrances.adverse claims,or other matters (a) created,suffered,assumed or agreed to by the Insured claimant; (b) not knc.wn to the Company
and not shown by the public records but known to the insured claimant tither at Date of Policy or a1 the dale such claimant acquired an estate or interest oy this policy
and not disclosed in writing by the Insured claimant to the Company prior to the data such insured Claimant became an insured hereunder, (c) ratuNrng in no loss or
damage to the insured claimant; (40 attecMng or created subsequent to Date of Policy;or (e) resulting In loss or damage•which would not have been sustained If
the insured claimant had paid value for the estate or interest Insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1 970(AMENDED 10.17-70)
WITH REGIONAL EXCEPTIONS
When the As..ohcan Land Tills Association policy Is used as a Standard Coverage Polley and not Stan Extended Coverage Policy the exclusions get forth in paragraph 2
above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 8
This policy does not Insure against loss or damage by reason of the manor+,shown in pan&one and two following:
Pan One:
I. Ta•es of aatestmentt which are not shown as existing lions by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Anyfaets,rights,interests.odstmewhi harenotshownbytMpublkreuardsbutwt.1chcouldbeascertainedbyanInspectionofsaidlandorbymakinginquiryofper-
son$in possession thereat.
A Easements,claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies,conflicts In bounoery Wes,shortage In area,encroachments.or any other facts which a correct survey would di$cloaa,and which are not shown by
public records.
& Unpatentod mining claims;reservations or exceptions in patients or In Acts authorizing the Issuance thereof,water rights,claims or title to water.
g. Any Bert or right to a ban,for services,tabor or motorist herotoforr,%r hereafter furnished,Imposed by law and not shown by the public records.
Form 4288-1 (Rev. 8/87) Page 1 of 3
1--
UST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type) (Copt'd.)
d. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE(AMENDED 10-17.70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
' 1. R"r>sa.ondinanceorgwemmentstregutation(bw*jdirgbutnoelimMedtobuildtnpandmonirtgadinances)restrictingorregulatingorprohibningtheoccupancy.use
cd enjoyment of the land,or regulating the character dimensions or location of any Improvement now or hereafter*ratted on the land,or prohibiting a separation in
ownership or a reduction In the dimensions or area of the land,or the off"of any violation of any such law,ordinance or governmental regulation.
2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears M Nis public records at Date of Policy.
* Defed&lions,encumbranc*s adversoclaimo,orothermatl*ro (s) created,suffered,assumed oragreedtobythetnsuredctalmont (b) oot known to the Company
and not shown by the public records but known to the insured claimant either at Data of Policy or at the date such claimant atrdirreed an estate or interest insured by
this policy or acquired the insured mortgage and not disclosed In writing by the Insured claimant to the Company prior to We date such insured claimant became an
insured hereunder, (c) result"In no loss ordsmage loth*insured claimant; (d) attaching or created&ubssqu*nito Date OfPoficyle■ceptto the extent insurance
Is afforded herein as loony statutory lien for labor or mst*rnal or to the extent Insurance Is afforded herein as to stuessmenta for alrest improvements under construc-
tion or completed sI Date of Policy).
A. UnenforcesbilityofthelionoftheinsuredmortgagebecauseolfallureofthetnsuredstDouotPolicyorofanysubsibluantowneroftheIndebtednesstocomplywith
applicable`doing business'laws of the state in which the land is situated
S. AMERICAN LAND TITLE ASSOCIATION LENDERS POLICY-1970(AMENDED 10-17.70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the oxelusions set forth in
paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULES
-Mb policy does not Unsure against loco or damage by reason of the mattent shown In ports one and two following:
Part One
1. Taxes or assessments which are not shown as existing liens by the,records of any Willing authority that levies taxes of assessments on real property or by the
public records.
9. Anyfactallights,tntnests,oretalmswhicharenotshownbylhepublicrecordsbutwhichcouldbeascertainedbyaninspectlonofsaidIs"orbymakingiriqulryolper-
sons In possession thereof.
3 Easements,claims of easement or encumbrances which are not shown by the public records.
L Dlsempancba conflicts In boundary fines,shortage In area,encroach mental or any other facts which a correct survey would df kme,and which are not shown by
sudilit records.
JL Unpstented mining palms;reservations or exceptions In patents or In Acts outhorlaing the Issuance thereat water rights,claims or title to water.
9 L Any her►or right to a lion,for servies&tabor or material th*retr''re or hereafter furnished,Imposed by law and not shown by the public records.
6. AMERICAN LAN®TITLE ASSOCIATION LOAN POLICY-1967
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE(6-87)
EXCLUSIONS FROM COVERAGE
Tha lotbarlr vaettera sic expressly excluded from the coverage of this policy and the Company will not pay We or damage,costo,of iomeys'fees or expenses which arise
fly mason at.
I. tor) Anytaw,ordinance o►govemmentetreguladion(induding but rapt Ife►ltsd to building andtoning Iowa.ordinances,or regufations)restricting,regulating.prohibit-
Ing or totaling 10 IN the occupancy,use,or enjoyment of the b red, (Ice the character,dimensions or location of any Improvement now or hereafter @•acted on
the land, (et} a separation in ownership or a change in the dime;-lions or area of the land or any parcel of which the land is or was apart or (iv) enviro?mental
protection,or the effect of any violation of these laws,ordinances or governmental regulations,except loth*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) Anygovernmental police power not excluded by Is) above.exiloa to the extent that a notice of the exercise thereof or a notice of a defect honor encumbrance
resulting from a violation otsttegod violation affecting the land has boon recorded in the public records at Date of Policy.
2. Rights ot*mi rent domain unless not"of the exercise thereof has been recorded In the public records at Date of Policy,but not excluding from coverage any taking
wF•th hex ooeulred prior 10 Date of Policy e,hieh would be toinding on the rights of a purchaser for value without knowledge.
$, Defect&Ilene,encumbrances,adverse claims or other matters:
(a) created,ouffered,assumed or agreed to by the Insured claimant
tb1 not known to the Company,not recorded In the public records at Date of Policy,but known to the insured clalmeni and not disclosed in writing loth*Company by
B»Insured claimant prior to the date the Insured claimant became an Insured under this Policy;
(cl resulting In no loss of damage to the insured claimant;
(d) aMtching or Created Subsequent 10 Data Of POfity(except to the extent that this policy Insures the prionky of the lien of the insured mortgage over any statutory
lien tar Service$,labor or material or the extent Insurance is afforded herein as to assessments for street Improvements under Construction or completed at date
of policy);or
,)e) resulting In loss or damege ,:h wu.. 3 not have been sustained If the Insured claimant had paid value for the Insured mortgage.
L Wnenforceablittyofthekenofthe insured mongagsbecoussof the lnabllltyor failure oftheinsuredolDateolP,Aley,ortheMabimti=!='=-!eclanysub"qu*ntowner
of the Indebtedness,to comply with applicable doing business laws of the slat*In which the land is situated
F,. lnvolidity of unenfomeablidy of the Tien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by tho insured mortgage and is based
upon usury or any consumer credit protection or truth in lending lac.
IL Any statutory li*n/or services,labor or materiols(or the claim of priority of any statutory lien for services,labor or mateflats aver Via hen of the insured mortgage)axis-
ing from an Improvement or work ralat*d to the land which is cool recled for and commenced subsequent to Dols of Policy and is not financed in whole or in port by pro
needs of the Indebtedneas secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FORM 6-1967(6.87)
WITH REGIONAL EXCEPTIONS
W%on the American Land Title Associt.tion policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6
above are used and the following exceptions to coverage appear in the policy.
Form 4288-2 (Rev. 8/87) Page 2 of 3
SCHEDULED
This pa1ky does not Insure against leas or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
1. Tries or assessments which are not shown as existing(lens by the records of any taxing authority that levies taxes or assessments on real property arty the
public records.
2. Anyfacts,rights,Interests.Or claims which are not shown bythe public records but which could be ascertained by an Inspection of said land or by making Inquiry of pe r-
sons In possession thereof.
S Easements.claims of easement or e+ncumbrsngs which are not shown by file pubk records.
4. DiscraPencies.conflicts in boundary lines.shortage In area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by
Vublic records.
& Unpalented mining calms:reservations or exceptions in patents or In Acts authorizing the issuance thereof:water rights.claims or tills to water.
fi Any fish or right to a den,for serviceo,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records.
S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 9-1987(6-67)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Companywid not pay loss or damage,costs.attorneys`lees or expenses which arise
by reason of:
1. (a) Any few,ordinance orgovernmental regulation(Including but not dmlledtobullding and zoning lows.ordinancea,orregulations)restricting,regulating.Prohibit-
Ing or r•_'sting to (p the occupancy,use,or enjoyment of the land; ;e4 the character,dimensions or location of any improvement now or hereafter erected on
Me land; (sip a separation in ownership Ora change in the dimermoons or area of the land or any parcel of which the land is or was a pan;of (is. environmental
protection,or the effect of any violation of these laws.ordinances or governmental regulatiomt except to the extent that a notice of the enforcernen'-thereof or a
notice of a defect ben 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 exercise thereof or a notice of a defect.lien or encumbrance
resulting from a violation or alleged violation affeging the land has been recorded in the public records at Date of Policy.
2. 14tits of eminent domain unless notice of the exercles thersof has been recorded In the public records at Data of Policy,but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
A 001e09,lien&inCumbrenCes.adverse Claims or other matters:
(a) Created.suffered,assumed or agreed to by the Insured claimant
Ib) not known to the Company,not recorded in the public records at Date of Policy,but known to the Insured claimant and not diaclosed in writing loth*Company b-
the Insured claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting In no less or damage to the Insured claimant
Id. attaching or rreated subsegueni to Date of Policy,or
4e) resulting in loss or damage which would not have been sustained If the Insured claimeni had paid value for the estate or Interest Insured by this policy.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY-1987
WITH ALTA ENDORSEMENT FORM 1, COVERAGE(6.87)
WITH REGIONAL EXCEPTIONS
When the American Land THIS Aosoelotion policy a used as a Standard Coverage Policy and not as on Extended Coverage Policy the exclusions set forth In paragraph
Move are used and the following exceptions to coverage appear In the policy.
SCHEDULE
This policy does not Insure against loss or damage(and the Company will not pay=Sto.attorneys'fees or expenses)which aria by reason of:
Pon One:
1. Taxes or assessments which are not shown as existing liens by the records of s,ny taxing authority that levies taxes or assessments on real property or by the
public records,
2. Anyfads.rights,Interests.ordalmswhicherenotshownbythepublicrecord*butwhichcouldbeaaeenelnedbyanInspectionofseldlandorbymakinglnpuiryofper-
"no In possession thereof.
S Easements,cisims of @&semen$or enctuvhbrances which are not shown by the public record&
4. Discrepancies.conflicts in boundary lines,shortage in stres,encroachment&or any other facts which a correct survey would disclose,and which are not shown by
public records.
IL Unpatented mining clelmo;reservations or exceptions Ir patents or In Ads authorizing the foauence thereof-,water rights,claims or title to water.
6. Any den,or right to a fen,for seMceg,labor or material theretofore or hereafter furnished Imposed by law and not shown by the public records
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979
EXCLUSIONS
In addition to the Exceptions in Schedule R you are not insured against ties.costs,attorneys'furs and expenses resulting from:
1. Governmental pofice power,and the existence or violation of any law or government regulation.This Includes building and zoning ordinances and Also laws
and regulations concerning:
• land use • lend division
• improvements on the Land • env6►:,nmenlal protection
This exclusion does not limit the toning coverage described in items 12 snit 19 of Covered title Rieke.
2. The fight to take the land by condemning it unless a notice of taking appears In tin public rs-Airda on the Pocky Date.
I Title Risks:
• that are crested,allowed,or agreed to by you
• that are knc-.n to you,but not to us,on the Policy Data.unless they appeared In the public records.
• that result in no loss to you
• that first affect your Isle after the Policy Date.this does not limit the labor and material den coverage in Item a of covered Title Risks
A. Failure to pay wise for your title
6 Lack of a right'.
• to any land outside the area epeclically described and referred to In hem 3 of Schedule A of
• in streets,allays.or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks Form 4'88-3 Rev. 8/8 7) P9.3 of 3
Cit4 ®f Captrti"o
10300 Torre Avenue P.O. Box 580
Cupertino.California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
October 25, 1988
County of Santa Clara
Planning Department
Attn: Don Halter
70 West Hedding Street
San Jose, CA 95110
ANNEXATION - "SAN FERNMNDO AVENM 88-07"
Enclosed are copies of the legal description and map for the proposed
annexation of the area designated "Ssan Fernando Avenue 88-0711. The
property oonststs of 0.72 acre and is uninhabited. It is within the
City's sphere of influence.
The property was prezoned on June 4, 1984.
Please review the enclosed and certify as to confior,-lance with 1 AFCO road
policy and that boundaries and definite and certain.
A check in the amount of $660.00 is enclosed to cover staff -Ume for the
certification.
S' y,
DOROM OOR9=S, CMC
MY CLERK