97-052 County of Santa Clara and California Water Service Corp. annexation of territory for City services on Cristo Rey Dr Reso 9794To be recorded %w;,1 F7,au €oz o
as per Gov. Code 6103.
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ETURN T�O: L ,��,��,U LDEDI .�..(.3�• ;.l;IF.N'T
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Cvulm" Our, T Uri �' ! '? '"" BRENDA DAVIS
70 W. HEDDING ST., Tii-ii FL., E.V%v'. SANTA CLARA COUNTY RECORDER
SAN JOSE, CA 95110
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Recorded at the request of
County Agency
AGREEMENT FOR ANNEXATION
OF TERRITORY
(DEFERRED ANNEXATION AGREEMENT)
Titles:1 / Pages 6
Fees + No Fees
Taxes...
Copies..
AMT PAID
RDE # 092
11/04/1997
11:14 AM
'77- c S z
lf� This agreement is made and entered -into on
'lq"47 between the COUNTY OF SANTA CLARA ("County"), the CITY OF "f.1F'�R71Np
California Water Service Corporation,
("City") and a California Corporation
("Owner"), relating to the annexation to City of certain real
property in the unincorporated territory of County and within
City's sphere of influence.
RF('TrPDT.0
A. County and City have adopted policies for the purpose of
assuring that urban development, which requires urban services
such as police and fire protection, sewers, streets, water,
libraries and parks, occurs in the City to facilitate more
efficient use of public resources and to prevent urban sprawl.
B. To implement these policies, County and City have agreed
to encourage annexation to City of developing unincorporated
lands within City's sphere of influence so that they can be
improved in accordance with City's land use plans and standards
and contribute tax revenues to pay for City services.
C. Owner desires to develop the property described in
Exhibit A, attached hereto and incorporated herein by this
reference (referred to herein as the "subject property" or
"property"). The property is located in the unincorporated area
of County and within the sphere of influence of City.
�� l IINAL
JAN] 4 1996
D. At the present time the subject property cannot be
annexed to City due to its distance from a City boundary.
Development of the property may itself, or in conjunction with
the development of other properties in the area, stimulate the
need for urban services.
E. To provide for the orderly expansion of City boundaries
consistent with the ability of City to extend urban services to
the proposed development on the subject property and the sur-
rounding area, it is necessary that the subject property be
annexed to City whenever City determines this is feasible and
desirable.
F. As a condition of development of the subject property,
Owner has agreed to enter into this agreement to provide for the
future annexation of the property to City. This agreement
provides a substantial benefit to the property and lands within
City's sphere of influence because it allows for the extension of
governmental services to the area while providing the means of
reimbursing the costs of such services through the payment of
taxes and assessments on the property to City following annexa-
tion.
G. The parties intend that all of the covenants contained
herein shall run with the land and shall bind the successive
owners of the subject property and shall inure to the benefit of
all the lands within City's sphere of influence.
IT IS AGREED by the parties as follows:
1. Owner Cooperation.
Owner agrees that annexation of the subject
property to City is desirable and consents to such
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proceedings at such time as they may be commenced by
City. Owner shall fully cooperate in the initiation and
conduct of such annexation proceedings and waives any
right of protest under any law governing such proceed-
ings.
2. City Initiation.
City agrees to initiate annexation proceedings for
subject property at such time as City so elects after
City has determined that annexation is feasible.
3. Payment of Taxes and Assessments.
Owner agrees to pay all property taxes and assess-
ments levied on the subject property following annexa-
tion, subject to whatever right of administrative appeal
and judicial review as may be provided by law.
4. Release of Owner from Condition of Land Development
Approval; County Reliance.
Upon execution and recording of this agreement,
County shall release Owner from further compliance with
condition number j-� of Owner's land development
approval. It is understood that county relied upon this
agreement when granting final approval for this project
and will rely upon the agreement in the future when
approving other development projects in the area.'
5. Agreement Binding Upon Successors In Interest.
This agreement and the covenants contained herein
shall run with the land and shall bind the successive
owners of the subject property and shall inure to the
benefit of all the lands within City's sphere of
influence. For the purposes of this agreement, City's
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sphere of influence is that geographical area which
extends outward from the City's incorporated territory
and which represents the probable ultimate future
physical boundary and service area of City as most
recently determined by the Local Agency Formation Com-
mission prior to the execution of this agreement.
In the event the subject property is subdivided and
sold, the terms of this agreement shall apply separately
to each new parcel and the owner of each parcel shall
succeed to the obligations imposed on Owner by this
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day set forth herein.
TARY.
T
PHYLLIS A. PERE7_
ATTEST: Clerk Board of Supervisors
hairperson, Board o Supervisors
JAMES T. BEALL, JR.
CITY OF C,uP�fino
_� ATTEST:
vO�
MAYOR
City Attorney
m/
W_,,W04Wx,_
City Clerk
APPROVED AS TO FORM AND LEGALITY
Deputy County Counsel 1/16/87
P.AP1: mw/hh
3180L
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EXHIBIT A
All that certain parcel of land described in that Director's Deed, the
State of California to California Water Service Comapny, document number
3819015 Official records, Office of the Recorder, County of Santa Clara,
State of California, which description is by this reference incorporated
herein
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cc.\ -V- orr� c,
County of Cka�� c�
No. 5907
On A- r `1 I`icl to before me, _ \r,�r�5'�=�c�G, iA- Vre_-Cme ,�N"kcur
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared \A - ,h" S , "" "Sch ,
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
CHRWINAM.FREEMM or the entity upon behalf of which the
COMM. s 1067820
Z - _ Notary PubNc—Caafimft person(s) acted, executed the instrument.
SANTA CLARA COON FV
My Comm. Expires JUN 20, IM
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
V{ i tee. v t ckrd hs� - Secrete%
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
S_6A&A ` c �eV-V_k « SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
L"JI-IrtI]ITY FILE"
RESOLUTION NO. 9794
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF DEFERRED
ANNEXATION AGREEMENT WITH SANTA CLARA COUNTY
AND CALIFORNIA WATER SERVICE COMPANY,
APNS 342-05-036 AND 342-06-062
LOCATED ON CRISTO REY DRIVE
IN THE CITY'S URBAN SERVICE AREA
WHEREAS, there has been presented to the City Council a Deferred Annexation
Agreement between Santa Clara County, California Water Service Company and the City
of Cupertino for annexation of parcels located n Cristo Rey Drive in the City's urban
service area (APNs 342-05-036 and 342-06-062); and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the Director of Community
Development.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Attorney and the City Clerk to execute said agreement on 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 February, 1997 by the following vote:
Vote Members of the CC4 Council
AYES: Burnett, Chang, Dean, Bautista
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
reso I uti/res9794. doc
/s/ John Bautista
Mayor, City of Cupertino