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83-022 Robert and Karen Rice, An Agreement for the Annexation of Territory .y , Y • N492 v�cE2a '7655 754 ' N6 rec rry RETURN TO CITY �»YF e0 f'.-•: ,., OF CUPERTINO closoo TORR! AVAN AGREEMENT FOR THE ANNEXATION :CUPERTINO, C/31. 9,50144 OF TERRITORY This is an agreement between the COUNTY OF SANTA CLARA, here- inafter called "County" , the CITY OF UPERTINO, hereinafter called "City" , and (R,03€9---i- AN ' IC F-e� RI « 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 subject 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 pioyide 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 CUPERTINO ., at such time as City so elects, and Owner agrees to cooperate fully in such annexa- tion of those lands controlled by Owner, as de.cribed in Exhibit "A" attached hereto, and incorporated herein by this reference, and lying -1- - -- .. ' . 2 H492?AU 235 within Santa Clara County, California. Owner and 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 of Supervisors under the County Zoning Ordinance for use as' 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 _ Dec. 3, 1979 , -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 ail 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 of all City ordinances requiring neighborhood park dedication, whether or not said ordinance retains in effect at that time. -2- • . ' a,s • ;p • H492 FAGE2a6 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. upon annexation Owner does hereby consent that said property shall/ be 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 r 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 Bevel- • 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 hycan;cs:.n:; ., c The City shall use its general law powers in the provisicbsof its ordinances covering subdivisions , zoning and. building coQe5' to 'ob. tain these improvements at such time as the property is an'riexed to the City. ,In the meantime, Owner agrees to enter into any%further - improvement agreement requiring such improvements. 14. Binding 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. Binding on Successors. This agreement shall apply to, bind, and in! ;ur& to the benefit • -3- , . : H492 PamE237 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 it with the Recorder of the County of Santa Clara for public record. IN WITNESS WHEREOF, the parties hereto have caused this agree . went to be executed on the day y`* • '�r ' ��;�n. ., set forth herein. �T, e ,n , x= Dated: pp :.}; ' ity of :per .t.-41,-.c�1 : IL ] �v . A St: �,,'!. •� .... 4� sit >i4Jm /rl z > City Clerk ^ s y� 4A�' Dated: RC1/,F.3 / 0` „ <�%:a ` ;�a k. County o ; Sant:. Cl-ra .,•D�;;i v� 4 4 (iZt ' Dated: lila rok Z-- ' IV , ( e- —rer. ---7----------*/-41-14-L Kr--e-- PPR VED AS T 0 r7•�,ur3 f ( � antes onner ---- Deputy County Counsel • tr State of On this the 94,./ day of /�sr�� 19 R/ , before me, County of } sS. the undersigned Notary Public, personally appeared OIa 9 tawe known to me to be the person(s) whose name(s) subscribed ` ^-°. OFFICIAL SEAL 1 Fall'- M L GAGNE to the within instrument and acknowledged that t� a �^ NOTARY PUBLIC -CALIFORNIA executed the same for the purposes therein contained. ./ �e SANTA CLARA COUNTY My comm. expires JUL 15, 1983 IN WITNESS WHEREOF, I hereunto set my hand and official seal. rty:tily...}.,t � ti GENERAL ACKNOWLEDGEMENT FORM 1., • • " Le:ein is es«Ibed z5 0 ,<,. 6)414: 10-11 A H492�as€238 • �J ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SANTA �� CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : ALL OF LOT 45 AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT i • Y NO, 1180 CRESTON", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDEP, OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 18, 1953 IN BOOK 44 OF MAPS, AT PAGE 53 FIECORbER'f'i MEMO FAINT WRITING OR TYPING OR CARBON COPIES MAKES POOR PHOTQGRAPHIC RECORD • • • • • • ci • Nk �t._ • : --T'o y• ^_rte. �.%. Ja:.v y-. _ _�,w_� � =r✓"3`.--• r 4 1 a�'i'::r •,'j•L .-`i.•: c��t... 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