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CC Resolution No. 1381-23 ~ • - . WJML:RJH:gbb 4/17/07 15c RESOLUTION N0. ~38t_23 A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CIARA TO THE EXERCISE OF EXTRATERRI- TORIAL JURISDICTION TO MAi~E CHANGES AND MODIFICATIONS IN TF~ ACQUISITIONS AND IMPROVEMENTS HERETOFORE ORDERID MADE, AND TO PROVIDE THAT TI~ COSTS SHALL BE ASSESSED ACCORDING TO BIIVEFITS, AND BY REVISION OF TF~ BOUNDARIES OF THE ' ASSESSMENT DISTRICT TO BE ASSESSID , DE ANZA, ET AL., IMPROVEMENT PROJECT N0. 66-1 , RFSOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, the Board o£ Supervisors of the County of Santa Clara has heretofore granted consent to said City in these proceedings, by resolution adopted by said Board on January 3, 1967, (the pro~ect at that time being identified as Stevens Creek Boulevard--Stelling Road --McClellan Road Improvement Pro~ect); Wf~REAS, it is the intention of this Council that the following changes and modifications be made in the acquisitions and improvements ordered to be made, in the boundaries of the assessment district formed, and in the assessment filed pursuant to Resolution of Int=r.- tion No. 1381-3, adopted by this Council on January 3, 1967, to wit: , a) Addition of the acquisition of easements necessary to widen McClellan Road to a. uniform width of 60 feet in that portion o°. McClellan Road outside the City limits of the City of Cupertino which is westerly of a point about 1133 feet westerly of the cen- ' ter line of Stelling Road (being the portion of said Road which fronts the parcel of land designated as Assessment Parcel Number 5 on the revised boundary map hereinafter referred to) and the im- proving thereof by clearing and grubbing, gradi::~, subgrade prepa- ' ration, base pavement and wearing surface, asphalt feathering, con- crete curbs, gutters and sidewalks, tra~'fic bars, striping, storm drain pipe, catch basins, manholes and appurtenances, fire hydrants, electroliers and street signs. b) Addition of the acquisition of easements necessary to widen ' Stevens Creek Boulevard to a uniform width of 120 feet in that por- tion of said Boulevard which fronts the parcels of land designated as Assessment Parcel Nos. 39 and 40 on the revised boundary map hereinafter referred to, and the improvin~ thereof by clearing and grubbing, grading, subgrade preparation, base pavement and wearing surface, asphalt feathering, and berms, concrete curbs, gutters, sidewalks and islands, traffic bars, striping, storm drain pipe, . - - _ . _ _ ~ ~ ~aaT~h basins, manholes and appurtenances, water mains, valves, hy- ~;~•::*s, hose bibbs, meter connections and appurtenances, electro- traffic signals and signs. c) The acquisition of all lands and easements and the constr~c-- ~ion of all work auxiliary to any of the above and necessary to ~omplete the same. d) Revision of the boundaries of the assessment district tc b? zssessed, ~which revised boundaries are hereby described as shown ~n a revised map of the assessment district on file in the office of cne City Clerk, reference to such map being hereby made for partic- ulars, which map contains the name of the C ity and a distinctive 7~signat.ion in words or by number of the district shown thereon ~.n3 the word "Revised~" e) Revision of the assessment diagram to show the boundaries and dimensions of the respsctive subdivisions of land within the *,Erri.tor,y added to said assessment district by the revision of tne boundaries thereof as above provided, each of which subdivi- :.ions shall be given a separate number on said diagram. f) Increase in the estimate of costs a.nd expenses in the acnounts necessary to make said acquisitions and improvements; and lncrease in the total amount of the assessment, in the amount of s~,id increase in the estimate of costs and expenses, by apportion- xng and distributing said assessment as increased according to GenefY.ts~ t~H~'SEA.s, this Council proposes to cont.ribute towards the cosL ' ~t~ z^quisitions and improveraents of which said changes are a gar~ tne cost ai the center two ianes and center islands and exces~ a~- ,~i~ion _osts in Stevens Creek Boulevard, traffic signals at Stev~:~_. ' ~-~K Boulevard and StellinU Road; and one-half of the cost o° t.t~:'~'~~ ,,~ns15 at Mary Avenue and Sieven~ Creek Boulevard and to asses~ the !ai.;nce of ihe costs of said acquisitions ar!d improvements and the ~x- ;e~. ?s incidental thereto upon the district benefited thereby, the <x- --;sor boundaries of which are the cotPrminous exterior boundaries o.' composite and consolidated area shown on a revised map thereof on i'i]~ in the office of the City Clerk to which reference is hereby made _cr rurr,her particulars; WHEREAS; a portion of said acquisit~ons and improvements, spe- cificaily those descr~bed in subparagraph a} above, are within tnF ~_::i,,~orporate~3 territory of the County of Santa Clara, and a portior. oi the lands to be assessed to pay the costs and expenses thereof ~s -2- : ~ ~ . ~ unincorporated territory within said county; WF~REAS, the acquisitions and improvements oY which said changes are a part are of such a character that they xill directly and pecu- liarly affect property not only within the boundaries of the City of Cuper~ino but also the unincorporated territory within the County cf Santa Clara, and the purposes sought to be accomplished can best be accompli~hed by a single comprehensive scheme of work; 4IHEREAS, there has been filed with the Council a form of Reso- lution of Intention to Make Changes and Modifications to be used in th-~e proceedings; and :vHEREAS, +he public interest, convenience and necessity will be ser•~ed by the making of said additional acquisitions and improvements and the le•aying of said increase in assessments; NOW, TT~REFORE, IT IS ORDERED, as follows: l. That request be, and the same is hereby, made o£ the Bo,rd oi' Super~~isors of the County of Santa Clara, it being the legislati-r~ ;ody having jurisdiction over the unincorporated territory in which _ por~ion of said ~,d3itica~~ ~cqu~~it~ons and i~pro:~ements ~re ta b~• nad ~„id made and said increase in assessments are to be levied, to ;rant c~ this Cauncil its consent, expressed by resolution, to the orderin~ of said additional ac~iisitions and improvements, to the revisior cf ;ne bounaaries of the assessment district, and to the increase i.i as- sessment of the costs thereof by apportioning according to benefits, and *he assumption of ~urisdiction thereover for the purposes afore- 53:d. 2. That request be, and the same is hereby, made that consent be granted to open all such public streets as are required for tne installation of said additional improvements. Al1 work pertainin~ thereto shall be done under the direction and to the satisfaction of ' rhe Engineer of Work, the Director of Public Works of said City and the Director of Pub11c Works of said County, and in conformity wirt~ -3- _ ~ _ • • . good engineering practice. Said Engineer of Work shall require of ihe contractor that all of the provisions of the specifications are com- plied with by the contractor to the end that no greater amount of ditches are open at any time than is necessary, that they shall be adequately lighted and barricaded, and that they shall be promptly ' backfilled. 3. That request be, and the same is hereby, made that the form of Resolution of Intention to Make Changes and Modifications to be , adopted be approved. 4. That the City Clerk of this City is hereby directed to file with the County Clerk of the County of Santa Clara a certified copy of this resolution, together with a copy of said Resolution of Inten- tion to Make Changes and Modifications. ~t * ~t ~ ~ PASSED and ADOPTID by the City Council of the City of Cupertino, State of California, this 17th day of Aor;l , 1967, by the following votee AYESs Councilmen: Dempter, Johnson, Fitzgerald, Noel, ~ Stokes NOES~ Councilmen: None ABSENT: Councilmen None _ j - / ATTEST: / ~ C1t Clerk -4-