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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. i6Y !,I��j�1 (' Yip. •I, ~�}A14���� ETURN T�O: L ,��,��,U LDEDI .�..(.3�• ;.l;IF.N'T �i�imi`�iiiMiiiii�iiiiiiiiiii Cvulm" Our, T Uri �' ! '? '"" BRENDA DAVIS 70 W. HEDDING ST., Tii-ii FL., E.V%v'. SANTA CLARA COUNTY RECORDER SAN JOSE, CA 95110 34-? -CSS- 036 /F! nc�, 61 76 - qsp G? i S� iee �y L7 -I ✓e - 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 - 2 - 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 - 3 - 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 - 4 - 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