CC Resolution No. 4860 ~ •
' RESOLUTION NO. 4860
A RESOLUTION OF INTENTION FOR FORMATION OF
FOOTHILL MAINTENANCE DISTRICT
RESOLVED, by the City Council of the City of Cupe~tino,
California, as follows:
• 1. All of the owners of more than 608 in area of the property
I subject to be assessed therefor have signed and filed with the Clerk
Ii of this City a written petitton for undertaking proceedings to form
, a maintenance district pursuant to Chapter 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, tor the purpose
of providing within and for said lands, maintenance and operation of
improvements hereinafter described, and to assess the costs thereof
upon the properties benefited by said maintenance and operation and
that a maximum property tax rate be established within said
maintenance district, unless otherwise modified pursuant to law, in
an amount not to exceed One Dollar and Twenty Five Cents ($1.25) per
One Aundred Dollars ($100) assessed valuation pursuant to Section
2263.2 of the Revenue and Taxation Code of the State of California.
2. In the opinion of this Council, the public interest and
convenience require, and it is the intention of said Council to
order the formation of a maintenance district in a portion of said ~
City to be designated "Foothill Maintenance District", by which
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name it shall hereaEter be referced to in all subaequent
, proceedings, including pcoceedings for the levy and collection oE
taxes.
3 Said maintenance district, and the boundaries thereof,
benetited and to be assessed for the matntenance and operation oE
the improvements herelnaEter referred to, are situate in the County
o~ Santa Clara, State of Calitornia, and ace particularly desccibed
in Eshibit "A" hereto attached and by reference incorporated herein.
4. It ia orderod that the expenses oE malntaining and
opecating all valkways, crosawalks, Eencea, safeGy zones, platforma,
stepa, atairways, fountains. signs, park and parkaays, retnining
walls. and embankments, and all structures or other facilities
neceasary for park and parkway purpoaes, drainage facilities; polee,
poata, wires, pipes, conduits, tunnels, lamps and other suitable or
neceasary appllancea Eor the purpose of lightiny atreets, places or
publlc ways; water mains and eprinkler systems; and ornamental
planting, Sncluding lawns, shrubs and treesi all ae now exleting or
Aereafter to be constructed in or for said maintenance district, and
of benefit to said maintenence district, but not to the City of
Cupertino as a wholej including the cost of neceasary repairs,
replacements, fuel, power, eleceric current, care, superviaion, and
any and all other items necessary for the proper maintenance and
operation thereoE, shall be assessed upon the ceal property lyinq
within eaid maintenance district above described, which district
eaid Council hereby preliminarily determineq will be the district
benefited by the meintenance and operation of said impcovements.
5. A maximum property tax rate shall be establiahed pucsuant
to Section 2263.2 of the Revenue and Taxation Code of the State of
Califor~ia to pay said ezpenses, unless otherwise moditied pursuant
to law, in an amount not to exceed One Dollar and Twenty Pive Cents
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(51.25) per One Hundred Dollars (5100) oE assessed valuation and
thai the special assessment tax to be Levied and collected in the
same time and manner as the general tax levy Eor City purpoaes and
when collected be paid tnto the C!ty Treasury to the ccedit oE the
fund oE the maintenance distcict and be used tor the payment of the
expenaes of such district.
6. Notice !s hereby given ehat Monday, the_ Sch day oE
Februarv , 1979, at the hout of 7:30 o'clock P.M. at the
regular meeting place of this Council, at the City Hall, 10300 Torre
Avenue, Cupertino, Califocnia, 95014 is hereby Eixed as the time and
place when and Where any and all persons interested having
objectiona thereto may make objection to the formation of said
maintenance diatrict or the extent thereof, or both, may appear
before said Council and show cause why the Eormation oE said
propoaed malntenance district should not be carcled out in
acoordance with this Resolution of Intention.
7. The Clerk of said City is hereby directed to cauae to be ~
malled, postage prepaid, notices oC ehe adoption of thia Reaolution
o! Intention to all persons owning real property propoaed to be
assesaed whose names and eddreaaes appear on the last equelized
asaeseement roll prior thereto, at the addresses as shown upon the
roll or ae known to said Cleck, and of the transferees of any such
persons as their namea and addreases appeer on the records in the
Aeseeaor's office which will be used to prepare the next ensuing
roll, and to all persons, including thoae whose property is assessed
by the_State, under.S ection 19 of Article XIII of the California
Constitution, vho filed with the Aasessor far the current Eiscal
year, statements of name and address and a request that notices be
mailed to them at said address or whoae address is shown upon the
last Board roll transmltted to the County Audi~or, said mailinq to
be crompleted not later than tWenty (201 days prior to the date
herein fixed for heacing.
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8. The Clerk of satd City ls hereby dtrected co cause to be
conapicuously posted along the lines of the proposed maintenance
district, and on all open streets within said district, at not moce
than 300 feet in distance apart, and not Less than three in all,
notices of the passa9e of thLs ResoLuLion, whlch natices shall be
entitled, "Notice af Pcoposed Formaeion oE Malntenance District", !n
letters not less than one lnch in heightj nnd shall in legible ~
characters, atate the Pact and date of passage of the Reeolution oE !
Intentlon and the time and place set Eor the hearing of protests,
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bciefly desccibe the improvements and facilities propoaed to be
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maintained and operated, the maximum property taa rate to 6e
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established to pay the e:penaes oE eaid maintenance and operation,
and refer to the Resolution oE Intention for further particulars.
3' _Said poating shall be fully completed at least twenty (20) daye
4 prior to the date fixed foc said hearing.
9. The Cletk of said C1ty shall cause a notice eimllar in
Eorm to the notice to be posted, to be publiahed once a week for ~wo
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auccesaive veeks, with at least five daya intervening betveen ehe
cenpective publication dates not counting such publication dates, in
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the Cupectino Courier, a newapaper oE general eirculation published
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in ehe City of Cupectino, the Eirst publication of which ahall be at
least twenty (201 days prior to the date fixed for eaid hearinq.
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3900
3/31/78
A.G. i
~ DESCRIPTION ~
The Foothill Maintenance Diatrict,
Santa Clara County
All that certain real propecty situate in the City of Cupariino,
County o[ Santa Clara, State oE Califocnia and being deacrlbed as
follows:
Beqinning at the point of interseccion of ehe NoctAerly boundary
ot Villa Vista, Tract No. 636, a map of which waa tiled Eor
record in Book 24 oE Maps at page 26, Santa Clara County Recards;
vith the Westerly righCwE-way line oE Mounlain Vtew - Stevena
Creek Road, now known as Foothill BoulevardJ Ghence along said
right-oE-way line N. 4•39'45" W. 567.14 feetj thence S. 85•20'15"
W., 13.00 feet; thence N. 4•39'45" W., 177.40 feeti thance along
, a cucve to the right having a radius oE 5565.00 Eee~ thcu a
central angle of 3°55'27° for 'an acc length oL 379.7~ feetj
theace N. 4•39'45" W., 158.48 Eeet; thence leaving said
right-of-way line 5. 45•26'20" W., 115.13 feet; thence N.
53•33'00" ~9., 696.77 Eeet to ehe Easeerly ri9ht-oE-way llne oE
Southecn PaciEic Transpoctation Company, A Delaware Cocporation;
thence along last said right-oE-vay ltne, along a eucve to the
leEt having a radius oE 685.73 feet thru a central angle oR
19°29'03" Eor an arc lengtb oE 233.19 feet; thence S. 15°00'12"
E.~ 291.03 feet; chence along a curve right having a radius oE
746.92 feec thcu a central angle of 36°12'S2" fo[ an atc length
of 472.10 Eeet; thence S. 21°12'40° w., 150.02 fcet; thence S.
21•54'00" W., 90.95 feet; [hence along a curve to the cight
having a radius of 1,462.70 Eeet ehcu a centcal angle oE 9•15'20•
foc an arc length oE 236.29 feee; ehence leaving last said
right-oE-way line, S. 89°27'20" E., 232.69 feet; thence S.
0•37'40" W., 196.00 feet; [hence S. 89•27'20" E., 642.25 leet to
, the Point of Beginnin9.
Containing 19.896 acres, moce oc less. '
Prepared by the Eirm of
DIACKAY 6 SO:1PS
San Jose, California
14/105/1
EXHIBIT A
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, PASSED AND ADOPT£D at a reqular meetinq oP tha City Council
ot ehe City of Cupertino this 18eh day of 0•cambar , 1~8 ,
• by ehe Pollowinq vote:
Vote Mambers of the Citv Council
A~: !l~7~cs. B.o6~rs, Sparlc~, laeksou
NOES: Non~
1185ENTt 0'G~ta ~
718ST11IN s Now
APY s
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Mayor, ty oL t no
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ATTESTs
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