CC Resolution No. 4304.16 ~ ' WJML:KIJ:v 12-15-76
~ RESOLUTION N0. 4304.16 '
A RESOLUTION OF THE CITY COG~ICIL OF THE CITY OF
CUPERTINO OVERRULI~G PP,OTESTS AND ORDERING
FORMATION OF THE NORTH DE AP1ZA LAl1DSCAPING
i~tAINTENANCE DISTRICT
ASSESSMENT DISTRICT N0. 76-14
RESOLVED, by the City Council of the City of Cupertino,
California, that
WHEREAS, pursuant to Ghapter 26 (commencing with~Section
5820) Part 3, Division 7 of the Streets and Highways Code (the
Improvement Act of 1911) of the State of California, as authorized
by Sections 10107 and 10108 of said Code, the Council of said City
did on the 2nd day of November, 1976, adopt its Resolution of
Intention vo. 4304, to form the North De Anza Boulevard Landscaping
Maintenance District in said City, for the purpose of providing
within and for said lands, hereinafter particularly described,
maintenance and operation of improvements hereinafter referred to,
and to assess the costs thereof upon the properties benefited by
said maintenance and operation, which was to be designated as
"North De An2a Boulevard Landscaping Maintenance District";
~°]HEREAS, said Council did declare in said resolution its
~ intention to order that the expense of the following be assessed
wholly upon the real property lying within said landscaping main-
tenance district, as hereinafter described:
Maintenance and operation of landscaping improve-
ments along De Anza Boulevard, including all
walkways, crosswalks, fences, safety zones, plat-
forms, steps, fountains, signs, park and parkways,
retaining walls and embankments, and all structures
or other facilities necessary for park and parkway
purposes; drainage facilities; water mains and
sprinkler systems; and ornamental planting, includ-
ing lawns, shrubs and trees; all as now existing or
hereafter to be constructed in or for said mainten-
ance district, and of benefit to said maintenance
district, but not to the Cit~ of Cupertino as a whole;
including the cost of necessary repairs, replacements,
fuel, power, electric current, care, supervision, and
any an3 all other items necessary for the proper
maintenance and operation thereof.
Said Council determined said district to be the district benefited
by the maintenance and operation of said improvements; the special
assessment tax so assessed is to be levied and collected at the
, same time and in the same manner and by the same officers as the
general tax levy for City purnoses and when collected to be paid
into the City treasury to the credit of the fund of the maintenance
district and be used for the payment of the expenses of such ~
district;
~ WHEREAS, a petition and written consent executed by ~
property owners holding at least 60~ in area of land to be bene-
fited by said maintenance district has been presented to this
Council for the purpose of establishing the maximum property tax
rate for said maintenance district, in the event that said main-
tenance district is established, at Three Dollars ($3.00) per
One Hundred Dollars ($100) of assessed valuation, unless otherwise
modified by law, pursuant to Section 2263.2 of the Revenue and
Taxation Code of the State of California;
WHEREAS, said resolution was duly published, and notices
of its passage were duly posted and mailed for the time and in the
form and manner provided by law, all as more particularly appears
from the certificates or affidavits thereof on file in the office.
of the City Clerk; whereupon the hearing upon the formation of
said landscaping maintenance district was duly and regularly held
at the time and place advertised in said notices; and
WHE1t~,AS, o persons interested, objecting to the
formation of said maintenance district in accordance with said
resolution of intention, filed written protests with the Clerk
of said City at or before the time set for said hearing, and all .
persons interested desiring to be heard were given an opportunity
to be heard, and all matters and things pertaining to the formation
thereof were fully heard and considered by said Council;
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. That all written protests and other written communica-
tions were publicly read at said hearing and all persons desiring
to be heard were fully heard, and that all protests be, and:each
of them are hereby, overruled.
2. That the public interest and convenience require the
formation of a maintenance district, which district is hereby
formed for the maintenance and operation of all landscaping im-
provements~along De Anza Boulevard, including walkways, crosswalks,
fences, safety zones, platforms, steps, stairways, fountains, ~
signs, park and parkways, retaining walls and embankments, and all
structures or other facilities necessary for park and parkway
purposes; drainage facilities; poles, posts, wires, pipes, con-
duits, tunnels, lamps and other suitable or necessary appliances
for the purpose of lighting streets, places or public ways; water
mains and sprinkler systems; and ornamental planting, including
lawns, shrubs and trees; now existing or hereafter to be constructed
in or for said maintenance district, and of benefit to said main-
tenance district but not of benefit to the City of Cupertino as a
whole, which district said Council hereby..determines will be the
district benefited by the maintenanc e and operation of said im-
provements.
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' ~ ' .
t
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino thi:s 20th day of December , 1976,
by the following vote:
Vote Members of the City ~Council
AYE S: Frolich, Jackson, Nellis, 0'Keefe, Meyers
NOES : None
ABSENT: None
ABSTAIN : None
APPftOVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST: .
/s/ Wm. E. Ryder ~
City Clerk •
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3. That said district be and it is hereby designated as
"North De Anza Boulevard Landscaping Maintenance District" by ~
which name it shall hereafter be referred to in all subsequent
proceedings, including proceedings for the levy and collection ~
of taxes.
4. That pursuant to Section 2263.2 of the Revenue and
Taxation Code of the State of Cali.farnia petition and written
consent executed by property owners holding at least 60$ in area
of land to be benefited by said maintenance district having been
presented to this Council for said purpose, in the event that
said maintenance district is established, the maximum property
tax rate therefor, unless other~~ise modified pursuant to law,
shall be Three Dollars ($3.00) per One Aundred Dollars ($100) of
assessed valuation and that the special assessment tax shall be
levied and collected in the same time and manner as the general
tax levy for City purposes and when collected shall be paid into
the City treasury to the credit of the fund of the maintenance
district and shall be used for the payment of the expenses of
such district.
5. That the district and the boundaries thereof bene-
fited and to be assessed for the maintenance and operation of the
improvements so described, are situate in the City of Cupertino,
County of Santa Clara, State of California, and are more particu-
larly described in Exhibit "A" attached hereto and by reference
~ incorporated herein.
6. That the City Clerk shall file a certified copy of
this resolution in the office of the County Assessor of Santa
Clara County, and that said County Assessor shall hereafter, in
making up the City assessment roll, segregate the property in-
cluded within said district on the assessment roll under the
designation contained in this resolution, all as required by
Section 5829 of the Streets and Highways Code of the State of
California.
7. That the City Clerk shall file a certified copy of
this resolution and the map or plat, indicating the boundaries of
said distr~ct with the State Board of Equalization and said County
Assessor, as required by Section 54900 et seq., of the Government
Code of the State of California.
* * * * * *
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' Resolution No. 4304.16
~ E}~IIBIT A"
PROPOSED BOUNDARY OF NORTH DE ANZA ~
~ BOULEVARD LANDSCAPE MAINTENANCE DISTRZCT
;
Beginning at a point on the northerly right of way line of Merritt Drive
(formerly Mariani Ave.) (60' R/W) and at the southwesterly corner of Lot
52 of Tract 895 recorded in Book 34 of Maps at Page 34, Santa Clara County
Records; thence along said northerly line of Merritt Drive S 89° 58' 34" W
120.00 feet; thence S 00° O1' 26" E Z0.00 feet to the southerly line of
the Lands of Paul Mariani, Jr. et al as shown on that certain Record of
Survey recorded in Book 220 of Maps at Page 22, Santa Clara County Records;
thence along said southerly line 10 feet northerly of and parallel to the
centerline of said Merritt Drive S 89°~~58' 34" W 209.99 feet to a point
intersected by the easterly line, extended, of The Lands of Paul Mariani,
as shown on that certain Record of Survey recorded in Book 220 of Maps at
Page 34, Santa Clara County Records thence along said easterly line and
easterly line extended, S 00° 17' OS" E 790.31 feet; thence parallel with
the southerly line of said Lands of Mariani (220 M 34), S 89° 48' 40 W
994.56 feet to the centerline of Saratoga-Sunnyvale Road (80' R/W) es re-
corded in said Book 220 of Maps at Page 34; thence along said centerline
of Saratoga Sunnyvale Road N 00° 17' 36" W 554.15 feet to a point inter- _
sected by the southerly line, extended, of Parcel 7 as shown on that cer-
tain Record of Survey recorded in Book 316 of Maps at Page 47, Santa Clara
County ~Zecords; thence along said southerly line, and southerly line ex-
tended, S 89° 52' 24 " W b02.53 feet to the southwest corner of said Parcel '
thence along the westerly line of said Parcel 7 N 00' 02' 06" W 228.67 feet
to~the centerline of Mariani Avenue (60' R/W) (formerly Greenleaf Drive);
thence along said centerline of Mariani Avenue N 89° 52' 24" E 602.32 feet
to the centerline of said Saratoga-Sunnyvale Road; thence alcng said cen-
terline.of Saratoga-Sunnyvale Road N 00° 00' S5" E 1159.50 feet;thence
S 89° 59' OS" E 91.25 feet to the easterly right of way of said Saratoga-
Sunnyvale Road; thence parallel with, and 9 feet southerlq of the southerl~
right of way of the Santa Clara Valley Water District channel as described
in Book b537 of Official Records at Pages 169 and 171 the following courses
and distances N 75° 04~' S1" E 326.13 feet; thence N 75° 02' O1" E 235.06
feet to a 910 foot radius curve to the right, tangent to a line which bears
N 77° 26' S5" E; thence along said curve to the right through a central
angle of 9° 09' 29" an arc length of 145.45 feet; thence N 86° 36', 24" E~
301.52 feet; thence N 89° 25' S2" E 202.74 feet to the westerly line, ex-
tended, of the aforementioned Tract 895; thence along said westerly line
and westerly line extended of said T~act 895 S 00° 00' 29" W 1,324.73 feet
to the point of beginning. ~