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CC Resolution No. 3875 • ~MI ~ KIJ ~Tv 3-11-75-10 , ` • RESOLUTION N0. 3875 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY , OF CUPERTINO DETERMINING TO UNDERTAKE PRO- CEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEED- INGS UNDER DIVISION 4 OF THE STREETS AND . HIGHWAYS CODE VALLCO PARK ASSESSMENT DISTRICT N0. 1974-4 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 subject to assessment therefor have signed and filed with the City Clerk of this City a written petition for undertak- ing proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited by said improvements, and waiving proceedings under Division 4 of the Streets and Highways Code, for the following described acquisitions and improvements: ~ a) The widening and improving of Wolfe Road to a width of eight lanes from Vallco Parkway to Interstate ,280, with a right of way reservation for ten lanes if needed, as a setback requirement for all structures (19 a)*• ~ b) Modification of signalization and median opening construction as outlined in the de Leuw Cather report~ . of May 24, 1973 (19 m)~. , 0 c) Installation of a multi-phase traffic signal and ' intersection construction and modifieation to include all restriping as necessary along Stevens Creek Boule- ~ vard, all at Stevens Creek Boulevard west of Wolfe Road (perimeter road) (19 g)*. d) Elimination of the existing median opening ~ust east of Sears Automotive Center and landscape new sec- tion of inedian (19 h)*. . Parenthesized references are to the "Conditions of Approval", Vallco Park Regional Shopping Center, 6-U-73, approved as conditions of approval of Application 6-U-73, by the City Council of the City of Cupertino on July 16, 1974. ` • , , . ~ ~ e) Construction of cul-de-sacs as approved by the Director of Public Works at the termini of Auburn Drive, Merritt Drive and Amhurst Drive at Vallco Park (20.)*. f) The acquisition of all lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. WHEREAS, the costs and expenses of said contemplat~d acqui- , sitions and improvemerits are to be char;eable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries 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 said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED that all of the owners of more than 60~ in area of the property subject to assessment for said proposed acquisitions and improve- ments have filed with the City Clerk of this City a written petition .for the acquisition and construction of improvements pursuant to appropriate 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 pursuant 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 17th day of ~rch , 1975, by the following vote: AYES: Councilmen - Frolich, Meyers, Sparks NOES : Councilmen - Nellis, ,7ackson ABSENT: Councilmen - None APPROVED• ~s/ James E. Jackson Mayor ATTEST: /s/ Wm. E. R~ider City Clerk -2- , ~ E ( • ' • WILSON, .TONES, MORTON ~C LYNCH AITORNEYB AND COUNSELLORS AT LAW 630 NORTH SAN MATEO DRIVE SAN MATEO, CALIFORNIA 94401