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CC Resolution No. 3351 • ~ Y , ~ wJr~,:x~~nn: g~25-72-35 ~ RESOLUTION N0. 3351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROC~EEDINGS UNDER DIVISION ~ OF THE STREETS AND HIGHWAYS CODE: CROSSROADS ASSESSMENT DISTRICT N0. 2 ~RESOLVED, by the City Council of the City of Cupertino; California, that WHEREAS, all of the owners of more than 60~ in area of the property sub~ject to assessment therefor have signed and filed with the City Clerk of this City a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess.the cbsts thereof upon the properties bene- ~ fited by said improvements, and waiving proceedings under Division ~ of the Streets and Highways Code, for the acquisitions and improvements in said City as more particularly hereinafter described; WHEREAS, the costs and expenses of said contein- plated acquisitions and improvements are to be charge- able upon an assessment district, the exterior bounda- ries of which:district are the coterminous exterior b oundaries of the composite and consolidated area shown on the map thereof on file in the~ office of ~the City Clerk,:to which reference is hereby made for further particulars; WHEREAS, the public.,interest and.convenience will be served by the taking of sai~d proceedings; WHEREAS,,...said acguisitions and improvements are , more particularly described.as.follows:.: . . , • . . . . . . ~Y A• ~ • • - t . I a) The acquisition of lands and easements along the west- erly side of Saratoga-Sunnyvale Road which are neces- sary to widen said Road f rom the northerly boundaryiof proposed Crossroads Assessment District described in. Resolution of Intention No. 3101-3, adopted by the City Council of the City~ of Cupertino on March 6, 1972, northerly about 1900 feet to a uniform half-street right of way width of 60. feet, and the improving thereof by grading, removal of trees, bushes and exist- ~ ing structures., and the construction therein of base ~ pavement, wear.ing surface, Portland.cement concrete curbs and gutters, storm drain pipes, inlets and appur- tenances, and~conversion of existing oyerhead electrical and telephone facilities to underground locations. ~b)~ The acquisition of lands and easements necessary for the opening of a new street, 60 feet wide, to be known as Bandley Drive, running from said northerly boundary of said Crossroads Assessment District northerly about 800 feet, and the improving thereof by grading, removing trees, bushes and existing structures,.and . the construction therein of base pavement, wearin~ surface, Portland cement concrete curbs~and gutters '(with sidewalks as required), sanitary sewer mains, wye branches, manholes, latera.ls and appurtenances, water mains, valves, hydrants, services and appurte- ~ nances,~storm drainage pipes., catch basins and . appurtenances, and street and ~traffic signs. ' c) The acquisition of lands and easements necessary for ~ _ the widening of Greenleaf. Drive from Beardon Drive to Sarato a-Sunnyvale Road to a uniform right of way width of ~0 feet, and of the easterly side of Beardon Drive f rom Greenleaf Drive northerly about 370 feet so that the full right of way width is 60 feet, and ~ the improving thereof by grading, removing trees, bushes and existing structures, and the construction ~ therein of base pavement, wearing surface, Portland cement concrete curbs and gutters (with sidewalks as ; required), sanitary sewer mains, wye branches, man- holes, laterals,and appu•rtenances, water mains, valtres, hydrants, services and appurtenances, storm drainage pipes, catch basins and appurtenances, ' street and traffic signs and signalization facilities ~ at the intersection of Greenleaf Drive and Saratoga- Sunnyvale' Road e d~) The acquisition of a11 lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. 2 3 35] NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED that all of the owners of more than 60% of the property subject to assessment for said proposed acquisitions and improvements have filed with the Clerk of this City a written petition for the acquisitions and construction of improvements pursuant to appro- priate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED, that said pro- ceedings for the acquisition and construction of said improvements shall be had pursuant to the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments thereof shall be issued pur- suant to the Improvement Bond Act of 1915. IT IS FURTHER FOUND, DETERMINED and ORDERED, that the pro- visions of Division 4 of the Streets and Highways Code be, and they are hereby dispensed with. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, this end day of nrtn'hPr 1972, by the following vote: AYES: Councilmen Irwin, Jackson, Meyers, Sparks, Frolich NOES: Councilmen None ABSENT: Councilmen None ATTEST: Cit:v Cle APPROVED: Mayor, City of Cupertino 91 . t , ~ + t ! ~ ~ ? ~ J : . • •1 ~ ~ WILSON, eTONES, MORTON ~C LY\TCI~I ATTORNEVS AN~ COUNSELLORS AT LAW 630 NORTN SAN MATEO DRIVE SAN MATEO. CALIFORNIA 94407