CC Resolution No. 4914 . ~ ~ ~
WMAMcE:JEB:om 1/22/79 15c
RESOLt)TION NO. 4914
A RESOLUTION OVERRULING PRGTESTS AND ORDERING FORMATION
OF THE FOOTHILL MAINTENANCE DISTRICT
RESOLVED, by the City Council of the City of Cupertino,
California, that
WHEREAS, 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, the Council of said
City did on the 18th day of December, 1978, adopt its Resolution
of Zntention No. 4860 to form the Foothill Maintenance District in
said City, for the purpose of providing within and for said lands,
hereinafter particularly described, maintenance and operation of
improvements hereinafter referred to, and to assess the costs
thereof upon the properties benefited by said maintenance and
operation, which was to be designated as "Foothill Maintenance
District";
WHEREAS, said Council did declare in said Resolution its
intention to order that the expense of maintaining and operating
all walkways, crosswalks, fences, safety zones, platforms, steps,
stairways, fountains, signs, park and parkways, retaining walls,
and embankments, and all structures or other £acilities necessary
for park and parkway purposes; drainage facilities; poles, pusts,
wires, pipes, conduits, tunnels, lamps and other suitable or
necessary appliances for the purpose of lighting streets, places
or public ways; water mains and sprinkler systems; and ornamental
planting, including lawns, shrubs and tzees; all as now existing
or hereafter to be constructed in or for aaid Maintenance District,
' and of benefit to said Maintenance District but not of benefit to
. • ~ ~
the City of Cupertino as a whole; including the cost of necessary
repairs, replacements, fuel, power, electric current, care,
supervision and any and all other items necessary for the proper
maintenance and operation thereof, shall be assessed wholly upon
the real property lying within said Maintenance District, as
hereinafter described, which district said Council determined
would be the district benefited by the maintenance and operation
of said improvements, and that the special assessment tax so
assessed is to be levied and collected at the same time and in
the same manner and by the same officers as the general tax levy
for City purposes and when collected to be paid into the City
Treasury to the credit of the fund of the Maintenance District
and be used for the payment of the expenses of such District;
WHEREAS, a petition and written consent executed by property
owners holding at least 608 in area of land to be benefited by said
Maintenance District has been presented to this Council for the
purpose of establishing the maximum property tax rate for said
Maintenance District, in the event that said Maintenance District
is established, at One Dollar and Twenty Five Cents ($1.25) per
One Hundred Dollars ($100) of assessed valuation, unless otherwise
modified by law, pursuant to Section 2263.2 of the Revenue and
Taxation Code of the State of California;
WHEREAS, said Resolution was duly published, and notices of
its passage were duly posted and mailed for the time and in the
form and manner provided by law, all as more particularly appears
from the certificates or affidavits thereof on file in the office
of the City Clerk; whereupon the hearing upon the formation of said
Maintenance District was duly and regularly held at the time and
place advertised in said notices; and
-2-
. • ~ ~
wHEREAS, ~ persons interested, objecting to the
formation of said Maintenance District in accordance with said
Resolution of Intention, filed written protests with the Clerk
of said City at or before the time set for said hearing, and
all persons interested desiring to be heard were given an
opportunity to be heard, and all matters and things pertaining
to the formation thereof were fully heard and considered by said
Council;
NOW, THEREFORE, IT ZS HEREBY ORDERED as follows:
1. That all written protests and other written communi-
cations were publicly read at said hearing and all persons desiring
to be heard were fully heard, and that all protests be, and each
of them are hereby, overruled.
2. That the public interest and convenience require the '
formation of a Maintenance District, which District is hereby
formed for the maintenance and operation of all walkways, cross-
walks, fences, safety zones, platforms, steps, stairways, fountains,
signs, park and parkways, retaining walls, and embankments, and
all structures or other facilities necessary for park and parkway
purposes; drainage facilities; poles, posts, wires, pipes, conduits,
tunnels, lamps and other suitable or necessary appliances for the
purpose of lighting streets, places or public ways; water mains
and sprinkler systems; and ornamental planting, including lawns,
shrubs and trees; all as now existing or hereafter to be con-
structed in or for said Maintenance District, and of benefit to
said Maintenance District but not of benefit to the City of
, Cupertino as a whole, which Distzict said Council hereby determines
will be the District benefited by the maintenance and operation of
said improvements.
-3-
• ~ ~
3. That said District be, and it is hereby, designated as
"Foothill Maintenance District" by which name it shall hereafter
be referred to in all subsequent proceedings, including proceedings
for the levy and collection of taxes.
4. That pursuant to Section 2263.2 of the Revenue and
Taxation Code of the State of California, petition and written
consent executed by property owners holding at least 608 in area
of land to be benefited by said Maintenance District having been
presented to this Council for said purpose, in the event that
said Maintenance District is established, the maximum property
tax rate therefor, unless otherwise modified pursuant to law,
shall be One Dollar and Twenty Five Cents ($1.25) per One Hundred
Dollars ($100) of assessed valuation and that the special assess-
ment tax shall be levied and collected in the same time and manner
as the general tax levy for City purposes and when collected shall
be paid into the City Treasury to the credit of the fund of the
Maintenance District and shall be used for the payment of the
expenses of such District.
5. That the District and the boundaries thereof benefited
and to be assessed for the maintenance and operation of the
improvements so described, are situate in the City of Cupertino,
County of Santa Clara, State of California, and are more particularly
described in Exhibit "A" attached hereto and by reference incorporated
herein.
6. That the City Clerk shall file a certified copy of this
Resolution in the office of the County Assessor of Santa Clara
County, and that said County Assessor shall hereafter, in making up
the City assessment roll, segregate the property included within
said D~strict on the assessment zoll under the designation con-
tained in this Resolution, all as required by Section 5829 of the
Streets and Highways Code of the State of California.
-4-
, ~ ~
~ 7. That the City Clerk shall file a certified copy of
this Resolution and tlie map or plat, indicating the boundaries of
said District with the State Board of Equalization and said County
Assessor, as required by Section 54900 et. seq., of the Government
Code of the State of California.
: * * ,r ,r *
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this Sth day of February , 1979,
by the following vote:
Vote Members of the City Council
AYES: Meyers, 0'Keefe, Rogers, Sparks, Jackson
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
~->--.-Y-~- ,_:l~..c~
/ Mayor, ' ~o Cupertino
ATTEST: /
City er
-5-
- " ~ ~
3900
3/31/78
A.G. -
DESCRIPTION
The Foothill Maintenance District,
Santa Clara County
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California and being described as
follows:
Beginning at the point of intersection of the Northerly boundary
of Villa Vista, Tract No. 636, a map of which was filed for ~
record in Book 24 of Maps at page 26, Santa Clara County Records;
with the Westerly right-of-way line of Mountain View - Stevens
Creek Road, now known as Foothill Boulevard; thence along said
right-of-way line N. 4°39'45" W. 567.14 feet; thence S. 85°20'15"
W., 13.00 feet; thence N. 4°39'45" W., 177.40 feet; thence along
~ a curve to the right having a radius of 5545.00 feet thcu a
centcal angle of 3°55'27° for an arc length of 379.77 feet; '
t~ence N. 4°39'45" 5~., 158.48 feet; thence leaving said
right-of-way line S. 45°26'20" W., 115.13 feet; thence N.
53°33'00" W., 696.77 feet to the Easterly right-of-way line o€
Southern Pacific Transportation Company, A Delaware Corporation;
thence along last said right-of-way line, along a curve to the
left having a radius of 685.73 feet thru a central angle of
15°29'03" for an arc length oP 233.19 feet; thence S. 15°00'12"
E.~ 291.03 feet; thence along a curve right having a radius of
746.92 feet thru a central angle of 36°12'S2" for an arc lenqth
of 472.10 feet; thence S. 21°12'40" W., 150.02 feet; thence S.
21°54'40" W., 90.95 feet; thence along a curve to the right
having a radius of 1,462.70 feet thru a central angle of 9°15'20'
foz an arc length of 236.29 feet; thence leaving last said
' right-of-way line, S. 89°27'20" E., 232.89 feet; thence S.
0°37'40" W., 194.00 feet; thence S. 89°27'20" E., 642.25 feet to
the Point of Beginning.
' Containing 19.896 acres, more or less.
Prepared by the firm of
MACKAY & SOMPS
San Jose, California
14/105/1
~ EXHlBlT A