CC Resolution No. 6077RESOLUTION NO. 6077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ANNEXATION
OF TERRITORY BETWEEN THE COUNTY OF SANTA CLARA, CITY OF
CUPERTINO, AND ROBERT AND KAREN RICE; BAXTER AVENUE
WHEREAS, there has been presented to the City Council an Agreement
for the Annexation of Territory between the County of Santa Clara,
the City of Cupertino, and Robert and Karen Rice relating to the
annexation of unincorporated territory located on Baxter Avenue to
the City of Cupertino; and
WHEREAS, the provisions of said agreement having been approved
by the Director of public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk
are hereby authorized to execute the aforementioned agreement in
behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 18th day of April, 1983 by the following
vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:j)K, �%�
/`1 • i6
John M. Gatto, May r
City of Cupertino
ATTEST:
Dorothy Cornelgus, City Clerk
City of Cupertino
0
AN AGREEMENT FOR THE ANNEXATION
OF TERRITORY
This is an agreement between the COUNTY OF SANTA CI.ARA, here-
inafter called "County", the CITY OF hereinafter called
"City and `� S F p� ��'�• Et, `� ` ` hereinafter called
•'owner", relating to the approval of development plans and the an-
nexation of unincorporated territory to the City.
IT IS AGREED by the parties as follows:
1. Sphere of Influence.
The sub]ect property is located in the unincorporated area of
Santa Clara County within the sphere of influence of City.
2. Development Approval.
County agrees to approve the land development project proposed
by Owner for this property providing that Owner agrees to certain
conditions relating to the general planning of the area by the City
and the County as provided for by the Subdivision Map Act and the
State Planning Act.
3. Urban Services.
County and City have heretofore adopted policies for the pur-
pose of assuring that urban development, which requires urban type
services, such as police, fire protection, sewers, streets, water,
libraries, parks and other miscellaneous urban services occur in the
City, and that sound long range planning be implements to prevent
urban sprawl.
4. Annexation.
To this end County and City desire to provide for the orderly
expansion of City boundaries in the ruture consistent with the abil-
ity of City -to provide urban services which expansion would include
this additional land within the city limits. owner has agreed to
such future annexation and consents that such proceedings may be
commenced by City at such time as City is prepared to annex the
property.
5. Consideration.
City agrees to annex to the City of , at such time as
City so elects, and Owner agrees to cooperate fully in such annexa-
tion of those lands controlled by Owner, as described in Exhibit "A"
attached hereto, and incorporated herein by this reference, and lying
-1-
within Santa Clat "County, California. Owner 0d City agree that
the provisions of this contract, the state laws, and City and County
ordinances and resolutions shall control the procedural responsi-
bilities of both parties. To this extent, Owner waives any right
to object to the commencement of annexation proceedings.
6. Land Area.
The land described in the exhibits to this agreement shall be
designated as follows:
7. Planning and Zoning.
The above -described plans of Owners are presently located in the
unincorporated territory of Santa Clara County, and precisely zoned
by the Santa Clara County Board cf Supervisors under the County Zoning
Ordinance for use ax follows:
In annexation of lands of Owner, City shall prezone said prop-
erty to provide a suitable interim or holding zone. Subsequent to
the effective date of said annexation, City agrees to immediately
initiate proceedings to amend the City Zoning Ordinance in order to
provide zoning to the Owner of the land compatible with the City's
general planning for that territory. Said Zoning district alloca-
tion is in accordance with and recognizes the tentative subdivision
map for this tract approved by the County Planning Commission on
for approval by the Board of Supervisors of Santa
Clara County on final map in the near future. All of such proceed-
ings and approvals shall be in conformance with the California Sub-
division Map Act.
8. Fee.
In consideration for annexation to the City, and as part pay-
ment for City owned facilities located both in and out of the origi-
nal City boundaries, Owner shall pay to City an annexation fee upon
an amount scheduled to be computed as follows: -$0- ZERO
9. Other Fees.
Owner agrees to pay to City ai other fees which may be required
by ordinance at the time specified by said ordinance and at the time
of annexation. Owner also specifically agrees to comply with the
provisions cf. all City ordinances requiring neighborhood park
dedication, whether or not said ordinance r--.ains in effect at that
time.
-2-
10. Taxes.
Owner understands that after annexation has been completed,
said property shall be subject to all real property taxes levied
by the City.
11. Bonded Debt.
Owner does herebyconsent that said u on annexation
property shall/le taxed to
pay its share of the bonded indebtedness of the City. This agree-
ment shall serve as such consent and a copy shall be filed with the
tax collector of Santa Clara County if evidence is required.
12. Streets.
City and owner agree that any necessary improvements to exist-
ing public streets upon which said lands abut, which are the result
of development of Owner's property, will be accomplished. The devel-
opment of such streets shall be according to the general standards of
the City of
In order to achieve this goal, Owner agrees to fully cooperate
with the City to provide and install such street improvements pro-
perly as required by the City as a condition of the development of
this property within the unincorporated territory of Santa Clara
County.
13. In -Tract Improvements.
Owner shall finance and install in -tract improvements reson-
ably related to development of Owner's property, as required by the
County of Santa Clara. These shall include but not be limited to
streets, storm drainage, sanitary sewers, water and fire hydrants.
The City shall use its general law powers in the provisions of its
ordinances covering subdivisions, zoning and building codes to ob-
tain these improvements at such time as the property is annexed to
the City. 'In the meantime, Owner agrees to enter into any further
improvement agreement requiring such improvements.
14. Bindina on Land.
All covenants, promises, and agreements contained in this con-
tract shall pertain to and do expressly run with all the lands des-
cribed in Exhibit A of this agreement. These covenants are cove-
nants that run with the land and it is agreed that such covenants
shall be binding.
15. Bindina on Successors.
This agreement shall apply to, bind, and in ure to the benefit
v
-3-
0 •
of successors in interest of the parties hereto, including heirs
assigns, executors, administrators, and all other parties, whe—
'ther they succeed by operation of law or voluntary acts of Owner.
16. Recording,
The execution of this agreement shall be acknowledged before
a Notary Public, and either party may file :t With the Recorder of
the County of Santa Clara for public record.
IN WITNESS WHEREOF, the parties hereto have caused this agree—
ment to be executed on the day set forth herein.
Dated:
Dated:
Dated:
P" VED AST 0
ales .,Hoer
City of ,
County of Santa Clara
Owner
State of / On this the -' day of -91: L 19 . L, before me,
Ns.
County of the undersigned Notary Public, personally appeared
�..// II G:i .e J ✓L..e .cam
OFFICIAL �� AL known to me to be the person(s) whose name(s)=�__ subscribed
1 f _
tq M t r.Ar:NF to the within instrument and acknowledged that 1
uoTaRY FuruC • CAI rFORarn executed the same for the purposes therein contained.
�1f:Tq t11'tA C^U
lGL nTY 15, 17.^.1 IN WITNESS WHEREOF, I hereunto set my hand and official seal.
tdr tone. ertins
4th[x1L ACKNOOSUDG[MINT FOAM
i /m
-4-
"(=:4CT
THE oil -ICE
-'C..., F. Or +.p .(1'"Cr -, `+'•.(k OF CAL I
.. .. -.--�-a•-�.;t .� , fir. . _ .a:�r'v.•:..:�•.. ..�".: �l: :�'�^•: :"'• :LJ�a =f'i.: C'�: �•t +►•a. -: .. i�J�...:x'":