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CC Resolution No. 3871.16 ~ w ~ , ~ . ' ~ WJA!B,:NJR:pn 10/27/76 . , ~ . RESOLUTION N0. 3871~.16 ~ ~ A~tESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CONFIRMING AMENDED ASSESSMENT . VALLCO PARK ASSESSMENT DISTRICT N0. 19.74-1, - ~ . ASSESSMENT NO. 41. ~ = . ~ . ~ RESOLVED., by the City Council of the City of.Cupertino, Santa Clara.County, California, that~ , ~ WHEREAS,:said Council did on the.lst day of~November, 1976, adopt its resolution ordering George S. Nolte and Associates to make and file wi~th said Council an aa~ended. assessment~ of all ~par- cels-of~property the former assessment on which, under Resolution . of Intention No. 3871.2, adopted by said Council on March 17, 1975, are designated upon the original assessment and diagram and confirmed by said Council on July 7, 1975, and recorded in the . office of the.County Surveyor of said County, as Diagram and . Assess~nt No. 41;: ` . , . WHEREAS, George S. Nolte and Associates did~, on the lst day of November, 1976, pursuant.to resolution ordering same, file with the City Clerk. an.amended assessment and diagram; ~ , - . WHEREAS;~ said~-Council fixed Monday, the:6th day of December, 1976, as the time for hearing said amended assessment and ca~used ~ notice of said.hearing to be~published.twice.in the Cupertino-Monta ~ Vista Courier, the first publication being.fifteen~:(15) days before said he+aring,.~as appears from~the affidavit on file in the office ~ of the City Clerk of said City; and~ . WHEREAS,~at:the time and place.fixed for said hearing, no protests or objec.tions were made or.presented to the proposed amended assessment, and all matters and things_pertaining to said . amended:assessment were duly.heard and considered by said Council; NOW, TFiEREFORE, ZT'IS ORDERED, that said amended assessment and diagram filed with the City Clerk of said City pursuant to ~ ~ resolution ordering same, be~, and the same is hereby, ratified, • approved~ and confirmed. _ ~ IT IS FURTHER QRDERED, that the City Clerk of said City shall deliver said amended assessment to~the Superintendent of Streets, together with a,certified copy of~this resolution thereto attached, ~ and saicl Superintendent of..Streets'shall ther.eupon record such amended assessment in his office and in the office of the County Surveyor of. the:County of Santa Clara with a certificate at the end thereof by the .`City Clerk of. saud City that it is the aaiended WHEREAS, the City Engineer of this City has filed with the City Clerk his Engineer's Certificate as to the completion of the Phase II Improvements constructed under and pursuant to the contract between Vallco Park Fashion Venture and Rudolph & Sletten, Inc., dated August 1, 1975; WHEREAS, it appears to the satisfaction of this Council that the Phase II Improvements have been fully completed and done as pro- vided in said contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the proceedings conducted pursuant to said Resolution of Intention are hereby changed and modified to provide for the acquisition of said existing Phase II Improvements rather than their construction. 2. That acceptance of completion of the Phase II Improvements be, and it is hereby made and ordered. 3. That the City Engineer is directed to execute and file for record with the County Recorder of the County of Santa Clara, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the state of California. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 8th day of February, 1977, by the following vote: Vote Members of the City Council AYES: Frolich, Jackson, Nellis, Meyers NOES: None ABSENT: O'Keefe ABSTAIN: None APPROVED: ATTEST: Mayor, City o CitV, Clerk pertino 2 WJML:KIJ:v 2/3/77/2 RESOLUTION N0. 3871.16 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING MODIFICATIONS AND ACCEP~ING COMPLETION OF PORTION OF WORK AND DIRECTING ENGINEER TO FZLE NOTICE OF COMPLE- TION FOR VALLCO PARK ASSESSMENT DISTRICT 1974-1 RESOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, this Council is conducting proceedings for the levy of assessments under the Munici:pal Improvement Act of 1913 and the issuance of bonds to represent unpaid assessments under the Improve- ment Bond Act of 1915 to finance certain acquisitions and improve- ' ments in said City pursuant to Resolution of Intention No. 3871.2 adopted March 17, 1975; . WHEREAS, the improvements described in said Resolution of Intention are proposed to be constructed or acquired in phases as the work is completed, the second phase of which is generally described as follows, to wit: a) Traffic signal modification, construction, modification and restriping of the intersection of Wolfe Road and Homestead Road, as described in DeLeuw Cather~report dated August, 1973. b) Installation of a multi-phase traffic signal with double left-turn lanes westbound on Pruneridge Avenue at the intersection of Pruneridge Avenue and Tantau Avenue. c) Construction of an exclusive right-turn lane on Wolfe Road nortHbound at the approach to Pruneridge Avenue. d) The construction of a freeway overcrossing of Tantau Avenue over Interstate 280. e) The construction of all work auxiliary to any of the above and necessary to complete same. f) The performance of all work described in change orders approved by the Public Works Director of the City of Cupertino: and is herein referred.to as the "Phase II~ Improvements"f WHEREAS, the owner of a majority of the property within the boundaries of the assessment district, pursuant to agreement with ~the City, entered into pursuant to the Subdivision Map Act of the ~ state of California and ordinances of the City of Cupertino, has constructed the Phase II Improvements; - z /1I,/6 assessment approved by the said Council'on December 6, 1976. The Superintendent of Streets shall.note opposite the several assessments in said original Diagram and Assessment that it has been displaced by said amended assessment, giving its date, and shall credit upon such amended assessments all payments there- tofore made upon such original assessment. When said amended assessment has been recorded, the Superintendent of Streets shall cause the original assessment involved to be canceled. The City Cleric shall cause to be recorded in the office of the County Recorder a copy of the Amended Assessment Diagram and file the amended assessment as confirmed or modified by said Council with the County Controller, who shall annually thereafter enter upon the assessment roll the installments becoming due on each component part of the original parcel opposite the descrip- tion of the respective parcels so assessed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this hrh day of D mh 1976, by the following vote: Vote Members of the City Council AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers NOES: None ABSENT: None ABSTAIN: None ATTEST: ,City Clerk APPROVED: Mayor, City of Cupertino 2