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CC Resolution No. 3656.03 , . s ' ~ RESOLU'TION N0. 3F,~ A RESO'LUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IA4PRO~TEMENTS DE ANZA CAI`~PUS OFF-STRE~"T PI~F.KING A;~ID TRAFFIC FACILITIES ~ ASSESSP~E~1T DISTRTC'r RESOLVED, by the City Council of the City of Cupertino, California, that 1. In its opinion the public interest and convenience require and it is the intention of said Council to order th~ acqu3sitions and improvements as herei~after described. 2. Any streets and highwa,ys referred to her~in are more pa,rticularly shov~n in the records in the office of the Cot~nty Recorder of the County of Santa Clara, and shall be shown up~n the plans herein refer~ed to and ta be filed with the City Clerit of said City. 3. All of sai3 work and improvements are to be con- ~ • stru~ted ~,t the places ~.nd in the par~~.cula,x~ ~.ocations, of the forms, size~, dimensions and m~,terials, and at the lines, grades and elevati.ons as shown and del3.neated upon the plansy prof'ile~ and specii'icatians to be m~,de therefor, ~as hereinaftex provideci. ~4. Notice is hereby given of the fact that in ma~ny cases said Vrork and improvements ~cill brin~ the f.inished work to a grade different from that formerly existin~ and that to said extent said grades az•e hereby changed and that said work v~rill be done to said changed gradese 5. Said acquisitions and impr.ovements are more particu - larly described as foJ.lows: Parking Lots The improving of portions of the De Anza Car~pus of. the Faotnill Community Colle~e Dis~rict; as offstreet parking lo~:s by grading and the construction thereon of pavement, c;urbs, gutters, storm drainage facilities, planting and landscaping fr~.cilities complete with automatic sprinkler irr.i~ation systems, and light3.n~ facili- ties, and including the relocation of the existing building on a portion of the proposed parking lot site to ad~acent property ti . ~I ~ .and the construction of a four.dation s~ructure~on said ad,jacent~ property to accommodate,said relocated building. Traffic.Improvements The construction of modified vehicular entrances to t;he De Anza Campus as necessary to acc~mmodate flow oi vehicular traf£ic for public purposes. ' Auxili~ry ~ The ~.cquisition of all lands and easem~nts ~.nd the construction of all work auxiliary to any of the above and necessary to complete the same. 6. Sa,id Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upan said plans, pro~iles and specifications. A.11 such gra.des and elevations are to be in feet and decimals thereof with refexence to the datum piane of the City of Cupertino. 7. The descriptions of the acqu~sitions ~,nd improvements and the termini of the work contained in this Resolution are general in nature. A1.7 ~tems of work do not necessarily extend fo~ the full ~ength of the descrip~ion thereof. The plans.and profiles of the work and tl~i~ maps ar.c~ descript3ons, as contained in the Engineer°s report, sha11 be cor~trolling as to the correct and detailed descrigtion thereof. 8. Said contemplated acquisitions and improvements, in the cpinion of said Council, ~,re of~more ichan local or ordinary public benefit, and tre co~ts and expenses thereof are made chargea~le upon an assessment district, the exterior boundaries of which di.strict are the cor~iposite and consolidated Prea of the De Anza Colle~e Camp~s of t;he Foothill. Comznunity Co.llege Distric t at Stelling Road, McClella,n Rcad and Stevens Creek Bouleva.rd, more particularly silotiti~n on a zn~.p thereof o:^. file in the office of tne City Clerk, to which re~erence is he~eby made for further particulars. Said map 3.ndicates by a boundary line the extent of the territory included in tne prc~osed district and shall - govern for all details as to Lhe extent oz" the assessment district. 9. Said Council further declares that all public streets anci highways within sa.id a,~sessm~nt district in use in the per- formance of a public function ~.s such shall be omitted from t~e assessment hereafter to be m~..de to cover ~he ~t~sts and expenses of said acquisitions and im~rovements. ~ ~10. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to 2 ~a d ~ ~ r exceed seven percent (7°~) }~er annum, wi11 be issued hereunder in the manner provided by Chapter ~+05, camm~ncing with Sect3.on 5~+68, of Part 5 of Division or' the Streets and Highways Code, the Impxovement Act of Zgll. Z'he bonds shall. be issued in a single sex°ies9 payable on the sncond day of June, 1975. 11. Except as he~~ein otherwise provided f.or the issuance ~ of bonds, al~ of sai~ improvements shall be done pursuant to t;he provisions of the Municip~,l Improvement Act of 1913. 12. Reference is hereby mad~ to proceedings had pursuant to llivision of the Streets anc~ Highways Code on fil~ ~n the office of the City Clerk. 13. Said proposed acquisitions and improvement;s are hereby referred to t;he Et~gineer of Work, being a competent person employed by said City for that purpose; and said EnginPer is hereby directed to make and f ile with the City Cler.k of said City a repart in wz•iting, presenting the followin~: a) Plans and specific~,tions of th.e proposed improve- ments ~o be made pursuant to this Resolution oF Intention; b) Engineer's st~.tement of the itemized and total~ estimated casts and exp~nses of s~,id acquisitions and imprcv~mentU and of the incidental expenses in connection therewith; c) Diagram showing the assessmeni; district above referred to, and also the boundaries a.nd dimensions of the respec- tive subdivisions of land ~itnin sa~d dist.rict as the s~.me existe;d at the time of the p~.ssage of i;his Resolution of Intention, each of which subdivisions sha,ll be given a ceparate numb~r upon s~.id diagram; ' d~ A proposed a~ssessment of the tota~ amount of the costs and expenses of the proposed acquisitions and improvements upon the sev~ral subdi.visions of land in sa3.d distric~ in propor- tion to the estimated benefits ta be received by su~r subdivisxons, respectively, fxom said acquisitions and improvEments, and of the expenses incidental ~hereto; e) Maps and descriptions of the lands and easements to be acquired, When any portion~or percenta~e ot' the cost and expenses of the acquisitions and improvements is to be paid from s~urcFs other than assessments; the amount of such portion or pexcenta.ge shall first be c~educted from the total estimated cost and expenses 3 of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respec- tive numbers as assigned pursuant to subdivision (c) of this Section. 14. If any excess shall be realized from the assessment, it shall be applied as a credit upon the assessment and any supplemental assessment. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of May , 1974, by the following vote: AYES: Councilmen - Frolich, Jackson, Meyers, Nellis, Sparks NOES: Councilmen - None ABSENT: Councilmen - None i APPROVED: yor ATTEST:' Tylerk 4