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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. ~ ~ (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 - 2 - ~ ~ ~ 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. - 3 - ~ ~ (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, - 4 - ~ ~ 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 - 5 - ~ "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: ~ r' ~ i . I ~ ; ~ i~ : ~ ~ y_ ~t~'it ~ v ~ V j . . . . . . . . . . . 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. " '