CC Resolution No. 3873.42 ti ~
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2827A-116a • ~DA:rva 06/13/79 12c
~ RESOLUTION N0. 3873.42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PROVIDING FOR THE ADDITION OF THE ACQUISITION OF CERTAIN
IMPROVEMENTS AS REQUESTED BY THE OWNERS OF PROPERTY AFFECTED
VALLCO PARK ASSESSMENT DISTRICT
N0. 1974-2
RESOLVED, by the City Council of the City of Cupertino,
California, that
WHEREAS, all of the owners of all of the property more '
particularly designated as Diagram and Assessment Numbers 7A, 7B, 8,
9, 10, 11, 12 and 13, and to be assessed for all of the costs in
connection with the addition of the acquisition of certain improvements ~
in those certain proceedings conducted by the City Council of said City
in that certain project entitled "Vallco Park Assessment District No.
1974-2", pursuant to its Resolution of Intention No. 3873.2 to Acquire
and Construct Improvements, adopted March 17, 1975, as amended, have
requested, in writing, that the acquisitions and improvements in said .
project be modified by adding thereto the acquisition of the
improvements more particularly described as follows:
The acquisition of a sanitary sewer main together with
appurtenances thereto in an easement through that
certain parcel of property designated as Diagram and
~ Assessment Number 11 in said proceedings, between an
existing main in an easement along the southerly side
of Junipero Serra Freeway and a section of main
crossing Vallco Parkway.
WHEREAS, Section 10352 of the Streets and Highways Code of the
State of California provides that at any time af ter the improvements
are ordered, and during the pendency of the proceedings, changes may
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` be made to provide for the addition of work and acquisitions,
provided that the owners of the property affected request, in
writing, that said changes in the work be made;
WHEREAS, a Petition and Consent For the Acquisition of Certain
Improvements executed by all of the owners of all of said property
to be assessed for all of the costs in connection th~rewith have
filed with the City Clerk of this City their Petition and Consent
relating to the addition of the acquisition of said improvements as
therein proposed;
WHEREAS, said Petition and Consent provided that the total
cost thereof including incidental expenses in connection therewith
be assessed against those certain parcels of property designated as
Diagram and Assessment Numbers 7A, 7B, 8, 9, 10, 11, 12 and 13 in
said proceedings, and that the.total cost of the acquisition of said
additional work be paid from said parcels' pro rata share of the
funds remaining in the construction fund of said project after
payment of all costs related to all other items of work to be made
and had in sa id proc ee.d ing s; and
WHEREAS, a Certificate certifying that said Petition and
Consent was signed by all of the owners of all of the property to be
assessed for all of the costs, including incidental expenses in
connection with the acquisition of said additional work was also
filed with the City Clerk of said City;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED,
as follows:
1. That said Petition and Consent is signed by all of the
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~owners of all of the property to be assessed for all of the costs in
connection with the acquisition of said additional work which said ~
property is designated as Diagram and Assessment Numbers 7A, 7B, 8,
9, 10, 11, 12 and 13 in 5aid proceedings.
2. That the acquisitions and improvements to be made and had
in said project be modified by adding thereto the acquisition of the
improvements more particularly described as follows:
The acquisition of a sanitary sewer main together with
appurtenances thereto in an easement through that
certain parcel of property designated as Diagram and
Assessment Number 11 in said.proceedings, betwe~n an
existing main in an easement along the southerly side
of Junipero Serra Freeway and a section of main
crossing Vallco Parkway. ,
3. That the total cost of the acquisition of said additional
improvements, including incidental expenses in connection therewith,
be assessed against those properties designated as Di.agram and
Assessment Numbers 7A, 7B, 8, 9, 10, 11, 12 and 13 in said
proceedings, and said costs shall be paid.from said parcels' pro
rata share of the funds remaining in the construction fund of said
project after payment of all costs related to all other items of
work to be made and had in said proceedings.
4. That the Engineer of Work in said proceedings shall
modify the plans and specifications for said work, trYe estimate of ,
cost and all other portions of the Engineer's Report filed in said
proceedings relating thereto, to reflect the addition of the
acquisition of said improvements as herein provided. ~
5. That the total amount of the assessment in said
proceedings remain unchanged.
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' 6. That said changes shall be made by the Engineer, either
on the face of the.Engineer's Report filed in said proceedings or by
filing an amendment thereto.
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PASSED AND ADOPTED at,a regular meeting of the City Council of
the City of Cupertino this 7th day of August 1979 , by the
following vote:
Vote Members of the Citv Council
AYES: Jackson, 0'Keefe, Rogers, Sparks, Meyers
NOES : None
ABSENT: None
ABSTAIN: None ,
APPROVED: •
/s/ Robert W. r7eyers
Mayor, City of Cupertino
ATTEST:
Dorothy Cornelius
City Clerk
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