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CC Resolution No. 4466.1 I ~ ^ . I I WJML:RJH:pn 5/11/77/3c , ~ , . RESOLUTION N0. 4466.1 A RESOLUTIOi~I OF THE CITY COUNCIL OF THE CITY OF . CUPERTINO REQUESTING CONSENT TO THE EXERCISE OF EXTRA-TERRITORIAL JURISDICTION TO UNDERTAKE PRO- CEEDINGS FOR THE MAKING OF ACQUISITIONS AND ~ IMPROVEMENTS PURSUANT TO APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS REGNART ROAD LOCAL IMPROVEn1ENT~DISTRICi 77-14 ~ RESOLVED, by the City Council of the City of Cupertino, California, that ~ WHEREAS, it is the intention of this Council to undertake • appropriate special assessment and assessment bond proceedings for making the acq uisitions an d improvements described on Exhibit A~ attached hereto and made a part hez~eof, and to assess the costs thereof and the expenses incidenta7. thereto upon a district bene- fited thereby, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof filed in the office of the City Clerk'on June 6, 1977; WHEREAS, a portion of said acquisitions and improvements to bE made are within the unincorporated territory of the County of . Santa Clara; WHEREAS, a portion of the lands to be assessed to pay the costs and expenses thereof is unincorporated territory within said County; WHEREAS, said acquisitions and improvements to be made are of such a character.that they will directly and peculiarly affect property not onlr within the boundaries.of the City of Cupertino but also unincorocrated territory within the County of Santa Clara, and the purposes sought to be accomplished can best be accomplished by a single comp.rehensive scheme of work; WHEREAS, tnere has been filed ~Jith this Council.a form of Resolution of Intention to be used in said proceedings;; WHEREAS, the public interest, convenience and necessity will be served by the making of said acquisitions and improvements and . the levying of said assessments; ~ ~ NOW, THEREFORE, IT IS ORDERED as follows: ~ 1. That request is hereby made of the Board of Supervisors of the County of Santa Clara, it being the legislative body having ~ t ' jurisdiction over the unincorporated territory in which a portion of said acquisitions and improvements are to be made and said assessments are to be levied, to grant to this Council its consent, expressed by resolution, to the ordering of said acquisitions and improvements, to the formation of the assessment district, and to the assessment of the costs thereof upon the property benef~ited thereby, and the assumption of jurisdiction thereover for the pur- poses aforesaid, and to the making of such changes and modifica- tions therein as may be proper or advisable in the manner provided by law. 2. That said Board, in said resolution, grant to this ~ Council its consent to open all such public streets as are required ~or the installation of said improvements, said work to be done in conformi.ty with good engineering practices under the di.rection of the Director of Public Works of this City and to the sai~isfac- ~ tion of this Council. Said Director of Public Works shall require of the contractor that all of the provisions of the specifications approved by this Council be complied with to the end that no greater amount of ditches are open at any time than is necessary, that they shall be adequately lighted and barricaded, that they shall be promptly backfilled and that the surface of the streets shz.ll be restored with materials of like quality and character as those ~ existing therein at the time of such work and to its former condi- tion and state of usefulness as nearly as may be. 3. That request is made that said form of Resolution of ~ Intention be approved by said Board of Superviso.rs. 4. That the City Clerk is hereby directed to file with the Clerk of the County of Santa Clara.a certified copy of this resolu- tion, together with a copy of said form of Resolution of Intention and a copy of said boundary map.. PASSED AND AD~PTED at a regular meeting of the City Council of the , City of Cupertino this 20thday of .Tune , 1977, by the following vote: Vote r•Iembers of the City Council AYES: Jackson, Meyers, 0'Keefe, Frolich NOES : None ABSEZdTi Nellis ABSTAIN: None ' APPROVED: ~S~ Donald A. Frolich ATTEST• Mayor, City of Cupertino /s/ Wm. E. Ryder ~ City Clerk 2 ; 1 ( . 7 ~ ~ , ~ ~ ~ ~ Resolution No. 4466.1 ~ ` . . " ~ EXHIBIT A . ~ ~ a) The improvement of Regnart Road between the point at which said road leaves the Candy Rock subdivision, at the southerly end ~ thereof, and the terminus of said road as hereinafter deseribed, . by the construction of a paved road twenty-four feet, more or less, in width (such road to be narrowed where required and insofar as feasible for~preservation of trees and natural terrain), together with street drainage facilities as required, said road construc- tion to corisist of the following for the following described portions of said road, to wit: ~ ~ . 1) the portion thereof upon which there is existing paving - r grading as required and asphalt overlay of the existing pavement; , 2) the portion thereof upon which there is existing~gravel sur- ,face - clearing and grading, as required, base pavement and asphalt wearing surface and retaining walls,as required; and . ~ 3) the portion thereof beyond said existing gravel~surface (which portion.shall include the opening and'extension;of~said ~ ~ road, including br.anches therefrom which may be~separately named, to the extent and at the locations required to provide`pul~lic _road service~~o dwellings which can in the future be constructed on the Nellis property pursuant to applicable laws, rules and ~ regulations of the City of Cupertino) - grubbing, clea'ring and - gradin~ as required, base pavement and asphalt wearing surface and . ~ retaining walls, as required; ~ b) The acquisition of all lands and easements and the construction ~ of all~work auxiliary to and necessary to complete any of,the ~ a.bo ve . ~ . a Regnart Road Local Improvement District 77-14 ~ ~ . . . EXH IB IT A " ~