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CC Resolution No. 3875.18 . ' ~ r wJr~: xz,7: v 2/3/77/2 , ~ . ' RESOLUTION N0. 3875.18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO . ORDERING MODIFICATIONS AND ACCEPLING COMPLETION OF PORTION OF WORK AND DIRECTING ENGINEER TO FILE NOTICE OF COMPLE- TION FOR VALLCO PARK ASSESSMENT DISTRICT 1974-4 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 Municipal 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. 3875.2 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) The widening and improving of Wolfe Road to a width of eight (8) lanes from Vallco Parkway to Interstate 280. b) Modification of signalization and median opening con- struction as outlined in the DeLeuw Cather report of May 24, 1973~. c) Installation of a multi-phase traffic signal and inter- section construction and modification to include all restriping necessary. along Stevens Creek Boulevard, all at Stevens Creek ~ Boulevard west of Wolfe Road (perimeter road). d) Elimination of the existing median opening just east of Sears Automotive Center. 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. f) The acquisition of rights of service and use in the existing storm drainage facility of the City of Cupertino on behalf of all properties assessed (other than diagram and assessment Nos. 1 and 2) through the payment of storm'drainage fees on behalf of said properties. g) Conversion of orimary electric distribution line along the westerly boundary of Vallco Fashion Park into an underground system. ' , ; h) The construction of aIl work auxiliary to any of the - above and necessary to complete same. i) 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"; 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 Phasell Improvements; 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 Zmprovements 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 proceedin5~ 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. * * * * * * * * . ~ 2 ~ r . • i ~ ~ ~ ~ / PASSED AND ADOPTED at a regular meeting of the City Council • of the City o~ Cupertino this $th day of February ~ 1g~7~ by the following vote: Vote Members of the City Council ~ AYE S: Frolich, Jackson, Nellis, Meyers NOES : Nane ~ ABSENT : 0' Keefe ABSTAIN : None _ APPROVED : /s/ Robert W. Meyers Mayor, City of Cupertino ATTEST: . /s/ Wm. E. Ryder City Clerk