CC Resolution No. 4705 ~ ~
, RESOLUTION NO. 4705
~ A RESOLUTION OF THE CITY COUNCIL OF THE
, CITY OF CUPERTINO CONFIRMING THE CHIEF
' BUILDING OFFICIAL'S REPORT OF THE COST
OF ABATEMENT NUISANCE CONSISTING OF THE
• ABANDONED BUILDING AT THE SOUTHWEST
CORNER OF THE INTERSECTION OF NORTH DE
ANZA HOULEVARD AND LAZANEO DRIVE AND
ORDERING THAT SAID AMOUNT BE COLLECTED
ON THE TAX ROLL OF THE CITY OF CUPERTINO
FISCAL YEAR 1978-1979
RECITALS:
(a) On October 3, 1977, the City Council of the
City of Cupertino, pursuant to Section 16.44.080 of its
Ordinance Code, adopted Resolution No. 4599 ordering
abatement of Public Nuisance consisting of the abandoned
building located on real property at the southwest corner
of the intersection of North De Anza Boulevard and Lazaneo
Drive more specifically described in Exhibit "A" attached
hereto;
(b) Said public nuisance was not abated by the
property owners of said property above described within
the time specified in Resolution No. 4594 and the Chief
Building Official, through the use of private contract,
caused said oublic nuisance to be abated;
(c) The Chief Building Official has kept a full
accounting of the cost, including the incidental expenses
of abatement of such nuisance and has rendered an itemized
report in writing of the City Council showing the cost
of abatement.
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(d) Prior to submission of said report to the
City Council for confirmation, the Chief Building Official
. ~ caused a copy of said report to be posted for at least
fifteen (15) days upon the said premises above-described,
together with a notice of the time when said report was
to be submitted to the City Council for confirmation;
(e) A copy of said report and notice above-
described was served upon the owners of record of said
property, in accordance with the provision of Section
16.44.100 of the City's Ordinance Code, at least fifteen
(15) days prior to the time set for City Council action
regarding confirmation;
(f) Proof of such posting and service was made
by affidavit and filed with the City Clerk of the City;
(q) Pursuant thereto the City Council of the City
of Cupertino held a hearing with respect thereto, on May
15, 1978 at 7:30 o'clock P.M., in the City Hall, located
at 10300 Torre Avenue;
(h) _ Four members of the City Council were
present;
(i) The following members of the City's staff,
among others, were present:
1. James H. Sisk, the Chief Building Official;
2. Dorothy M. Cornelius, Deputy City Clerk; and,
3. David H. Adams, City Attorney.
(j) The following interested persons were also
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~ present:
NONE
. (k) After hearing opening remarks, the City Council
continued the hearing to June 5, 1978, at 7:30 o'clock P.M.,
in the City Hall, located at 10300 Torre Avenue, so as to
~ afford the Chief Building Official an opportunity further
i
i to advise the City Council of incidental expenses incurred
i by the City to abate said nuisance;
(1) Pursuant thereto the City Council of the City
of Cupertino held a continued hearing with respect thereto,
on said date, time and place;
~m~ Five members of the City Council were
, present;
(n) The following members of the City's staff,
' among others, were present:
1. James H. Sisk, the Chief Building Official;
2. Wm. E. Ryder, City Clerk; and,
3. David H. Adams, City Attorney.
(o) The following interested persons were also
present:
NONE
(p) The Chief euilding Official presented a
supplementary report showing incidental expenses incurred
by the City to abate said nuisance.
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(q) Following the presentation of all evidence and
~ closing remarks, the City Council considered the matter and
• resolved as follows:
IT IS HEREBY RESOLVED, by the City Council of the
City of Cupertino, State of California, as follows:
1. The following €indings of fact are hereby made:
(a) Notice of the time and place of the hearing
to confirm the Report of the Chief Huildinq Official,
as well as the report itself, were duly and regularly
posted and served, as required by the provisions
of Chapter 16.44 of the City's Ordinance Code;
(b) The Report of the Chief Building Of icial,
as supplemented, was properly prepared and submitted
to the City Council and ac~urately reflects the
actual cost, including incidental expenses, of
abating said nuisance above-described;
(c) The cost of said abatement was Seven
Hundred Three and 4~/100 Dollars (5703.40), plus
95/100
Thre H~nd d F~f y Three ^nd DO11drS 353.95 ) for
incidental expenses, or a total of one ~rt,ouaand F+ v
Seven and 35/100~o11aZ'S 1057.35
2. IT IS THEREFORE ORDERED as follows:
(a) The report of the Chief Building Official,
as supplemented, is confirmed;
(b) The City Clerk is directed to transmit,
forthwith, a certified copy of this resalution,
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together with the report of the Chief Building
' Official, as supplemented, to the Assessor and
. ~ Tax Collector for the City, whereupon it shall be
the duty of said Assessor and Tax Collector to add
35/100
said total amount of One Thousand Fifty Seven and Dollars
1057.35 as an additional assessment, to the ~
next regular bill of taxes, levied against said
property describeci in Exhibit "A" to be collected
at the same time and in the same manner as ordinary _
municipal taxes are collected and shall be subject
to the same penalties and the same procedure under
foreclosure and sale in case of delinquency as
provided for ordinary municipal taxes;
(c) The City Clerk is also directed to record,
forthwith, a certified copy of this resolution at the
office of the County Recorder County of Santa Clara.
PASSED AND ADOPTED by the City Council of the City
of Cupertino, this 6ch day of June , 1978, by the
following vote:
Vote: Members of the Citv Council
AYES: Meyers, 0'Keefe, Rogers, Sparks, Jackson
NOES : None
ABSENT: Nane
ABSTAIN: None ~
APPROVED:
City o rt no
ATTEST:
City Cler
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~ "ne ~~ar.c ~alerraC :o r.2ra;n Is descri~etl as~~+vs: •
:,L'_ -~AT i,ER'.ai N RCAL P~OPCR 1 Y I N THc C I TY OF CUP°_w TI `J0, COUNT'!
0= SANTA CLA~A, STAT° OF CALI=ORP~IIA, DESCRIBE~ :.S ~OLLO'n'S:
. CO'•thtEUCING ,4T GRANIT°_ ^~tCNUh1E~VT SET =0R 'H~ C~~VT:.R OF ScCTION
TO'rJNSHI? ~~OUTH, RANGc 2 WEST, ;~I.p.3. 6~4,,
AL50 3EING T1C ?OINT OF INTERSECTION Cr THE ORIGI~AL C~Ni~R
LINE Or= STEVENS CREEK ROAO WITH THE CENTER LINE OF THE SUNtJYVALE-
SARATOGA ROAD; THENC~ ALONG TH~ CEPITER LI~~7E OF SUNNYVHL~-SARATOGA
ROAD, NOR7H J° 0»' E.15T Zv.~2 CHAINS TO T~!E NORTHE„STc.'.LY CORNE2
0~ THAT CERT,~tN PARCcL OF LAND DESCRIdED IN THE DEED FROM ANTON
ZANKICH, ET UX, TO J.aMES BANICH, ET UX, DATEJ JULY '~yj} A~JD
R~CORDED OCTOBER l~jj IN BOOK 27~2 OF OFFICIAL RECORDS, AT
PAGE 86; THENCE ALON~ THE NORTHERLY LINE OF SAID PARCEL OF LAND SO
DESCRIB~D IN THE DEE~ TO BANICN, NORTH G9° 56' '.JEST 1~~.C~ FEET
TO TH~ NORTH',JEST~RLY CORNER TNEREQF, WHICH IS AL50 TNE TRUE
POINT 0~ BcGINNING 0= THE ?ARCEL OF LAND TO 9c DESCRIBED; THENCE
:+LONG THE NORT!~ERLY LINE OF THaT CERTAIN PARCEL OF LAND CCNV~YED
3Y ANTON ZANKICH, ET U;C, TO ROSARIO GIUFFRIDA, ET U:<, 3`! DEE7 Di+TED
JULY 21, 19~~ AND RECORDED JULY IN BOOK 0~ OF~ICIAL
RECCRJS, AT PAGE J2a, NORTH tJEST 49?.p;~ FE~' TO THE
NORTH~rlESTEZLY CORNER THEREOF; THENCE ALONG THE WESTERLY LINE OF
Sr+iJ ?ARCcL OF LAVD SO CONVEY~C TO GiU=FRIDA, SOUTH i,' 4JE5T
~~=.S7d FEET TO THE SOUTHSJESTERLY CORNER THEREOF; THENCE ALONG
THE SOUTiiERLY LINE OF SAID PARCEL OF LAND SO G~N`/cYc~J i0 GIJ= RIDa,
SO'JTH d~O ;p' EAST ~Ji,~~S ~~°T TO THE SOUTHWESTcRL'f CORNER 0~ TH~T
C~RTaI~ PARCcL Cr LAND CONVCYCD 3Y ROS~RIO GIU~FRI~A, ET JX, TO STATE
OF CALIFORNIA, 3Y DEED DATED OCTOBER 25, 1957 AND RECORDED DECEidBER 5,
~-3~7 IN 900K 3~j~ Or OFFICIAL RECORDS, PAGE j4j; THENCE A~O~IG
THE WESTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO THE STATE
OF CALIFORNIA, NORTH 09' 14" EAST 38.32 FE~T AND NORTH S0"
4JEST 1bo.3~ FEcT TO THE NORTHWESTERI.Y CORNER THEREOF ON THc
SOUTHERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO 3A`JICH; THENCE
r"+I.ONG THE SAIO SGUTHERLY LINE, NORT;-i =:o' '.JEST ilO.C'? FEET
TO TFiE SOUT!-1WESTE2LY CORNER THEREOF; THENCE ALON6 THE '.+IESTERLY LIP~E OF
SAID PARCEL OF LA~~JD SO CON`/EYED TO °A`!: CH, NORTH E:.ST ~
P't~T TO THE TRUE rOIPJT OF BEGINNING AND 3EING A PORTION 0= T7E~
`IORTH'rlESTERLY 1/; OF SECTION 13~ TOWfVSHI? 7 SOUTH, AANGE ~'~~IEST.
P1. D. 8. E hi .
E:tC~PT:NG THER~=R~M. THE INTEREST AS DECICATED BY DON 0. SANDLEY,
ET AL TO CITY OF CV~ERTIVO, DATED J"NUAn'r y~o? AND ~~CORDc~
JANUARY 25, 1962 IN BOOK 54»4 OFFICIAL RECORDS, PAGE c?;, =0R PUBLIC
ROADI•!AY PURPOSES, TJGE-HER 'dITH TNE RIGH~ TO CONSTRUCT, R~?AIR,
OP~RATE ANO 1^AINTAI~J ANY AND ALL PU3LIC UTI~ITIES AND IP-1PORVct4ENTS
WHIC~1 SHALL BE OR 3E~OME NECESSARY rOR T1E PRESERVATION Or= THE ?UdLiC
SAFETY, 'rJELFARE, OR CONVENIENCc IN .~~1D TO THE FOLLOWI~G DESCRI~ED
• PARCEL OF LAVD:
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APPLICATION N0. 5~~2~oy •
9EGINNING AT THE INTERSECTION OF THE 'r1E5T LINE OF SARATOGA-SUNNYVALE
ROAD (oO.J~ F~ET WIDE) AND TNE NORTyERLY LINE OF THAT C~RTAIN
PARCEL 0~ LAND DESCRIBED IN DEED FR0~4 ROSARIO GIUFFRIDA, ET UX, TO CO`!
0. BANDLEY, ET AL, DATED MAY 2?, 196; AND RECORDED ~HAY 24, i96, IN BOOK
j1,'b Or OFFICIAL RECORDS, IN THE OFFICE OF THE RECORDER, COUNTY
Or SANTa CL'aRA, STATE OF CALIFORNIA ~T PAGE THENC~ '~ESTERLY ALO\G
i SAID NORT~ERLY LINE 10.~0 FE~T; THE`JCE SOUTHERLY ALONG ~1 LINE
~ PARALLE~ TO AVD FEET DISTANT, t~EASURED AT RIGHT ANGLES, FRO,H Tn~
I CENTERLINE OF SARATOGA-SUVNYVALE ROAD (00.00 FEET '~IDE) 20c.o4
FEET TO THE SOUTHERLY LINE OF THE AFORESAIO PARC°_L; TtiENCE EASTERLY
aL0":G S~IO SOUTHE~IY LINE 3.~3 FEcT TO AN EASTERLY LI~VE OF THE
AFC~ESAI~ PaRCEL; THENCE NORTHERLY ALONG SAID EAST~RLY LiNE 3b.;~ F~_,-
TO THE ;rES' LINE OF SARATOGA-SUNNYY"LE ROAD (c^,.:^ F~~T tvIDE~; THENC~
, NORTHERLY ALONG WEST LINc OF SAID ROiaD io3.3~ rEET TO THE POINT Or
' BEGINNIr;G OF TNIS DESCRI?TION CO~VT~INING AP?ROXI~~~ATEL~
I! ACR~S OF LAND. " '