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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 ~ , _ ~ • ~ 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 ~ ~ _2_ i , ~ r i ~ ~ ~ (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. -3- i ~ • ~ 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, T bciefly desccibe the improvements and facilities propoaed to be t. maintained and operated, the maximum property taa rate to 6e 2 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 5 auccesaive veeks, with at least five daya intervening betveen ehe cenpective publication dates not counting such publication dates, in T the Cupectino Courier, a newapaper oE general eirculation published t 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. i ~ • • • • f ~ ~d~ ~ ~ ~ ~ . ~ ~ 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 . i i ~ i ~ • s , 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 i f t~ c Mayor, ty oL t no .._j ATTESTs ~ ty ar c ~ ~ 1 . I . I I f1 , 1