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City at Cupertino city
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LEGEND
PROPOSED ANN
EXATI®IV
MUNonnr off PR i Ya7 THE
D dNNiElIaTNfN CITY OF CUPERTINO
��®@YIATiNi cupai LINO cITT LIMIT j ENTITLED
LOCATION MAP I 04797 any 84.1"s SCALS:t%ad
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0 1 DEP^RT•MEHT OF PUBLIC WORK} .�N[s r..on,o.......
0ca e"COYNrr OrrlGt:OUIIDINO oAMjosc`c^t.,*R..^*.as*
�t FUN
i (408) 299.2871
August 22, 1969
LOCAL AGENCY FORMTI0N COMMON
70 West Redding Street, Room 524
Son Jose, California
R'[IFICAT 1C1ti
I hereby certify that the attached map and description of
territory to be annexed to the City of Cupertino ,
designated as Alcalde 69-6 to be
considered by the Local Agency Formation Commission on
SeptemSer 3, 1969 , c—Ve now been corrected or
revised :a conform to the requests of Public. Works.'
The bouncaries are definite and certain. The change, are:
(ApplicaS:e items are marked with an \)
% Correction of errors or omissions in the
original map or description.
Addition or deletion of property or roads.
* Other
*Descrip inn
JA,% T. Parr
County Zngi.neer
By: DFA,; i',,rARSOR
Division Fnginecr
A:'EST: Hei, ; _anannon
C M/
Deputy cle:->: o_ _ne
Board of supozv.isors
E30UBIT A ATTAlaiLD
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a3 city !,f
r Wit
9
August 29r 1969
Local agency Formation Commission
Room S23
County A-ftinistration Building
76 W. Hedding Street
San Jose, CA
Attention. Executive Officer
Re: CUP - ALCALDE 69-6 - 9-3-69
Gent ler;c:
We have received a Notice of Public Hearing to be held
on Sent ::-er 3, 1969, at 2 P.M. with regards to the
intent,:: : the City of Cupertino to annex certain
proper i---wn as Alcalde 69-6 in the County of Santa
Clara.
As owner :z a portion of said property (Lots 95-96), We
aib une.;_ :c:.ally opposed to said annexation, and it is
our des''--e to have the property remain as being in the
Count• Santa Clara.
Because cannot take time off from work, I will not be
able tt: :end the public hearing, but we trust th:�.s
letter suffice to make our intentions clear and that
it will he necessary to retain the services of an
attornev :r to take the matter to court to have our
propert-F -amain at its present status.
We, a c_cer senior residents of the community, want to
keep o::r ccamunity as a rural area and do not believe
that th-:� �-tv of Cupertino can offer any services or
benefit_ :=at we do not presently have as County residents.
Elwin L. Murdock
q� RECF.IVED
CC r � coawr CID' aEP 8 pb9
61ree officer
'- Comnsel �
ino
n
City Annex
�a
Not IO&A - Publish
08SMAYTION NO.64 18 1 MATING.TO THE
} @MlOS3D ...a
i�Ab"LDd 63-6
the a i i bowl swency lb st ad 6oaissum
t
of%Of iIlY1A - In wo VWHU Interest and.
081e=5 the 8XaC9iL'itat its Of the Comission has detarmined
the boundaries as d*gcL fted in 8uhibit A atta diM ass definite
msiatnia.
88 IT Mw,--'o by the Santa Clara County Local Agency Formation
Van"aeion that it does hereby
4"rove
the aforesaid proposal. Further proceedings in connection with
this annexation may be continued only in compliance with the approved
boundaries described in Exhibit A.
PASSED AND ADOPTED by the Santa Clara County Local Agency
lossation Commission this September 3, 1969 by the
following vote:
AYES: issioners: Corenman Cortese Dulles Sanchez Weisgerber
SOBS: Ca®issionere: Heusi
'ASSENT: oomissioners: Ewe
cmaarman, Local Agency Formation
Commission
: Helen Bohannon
Clerk of the
of Supervisors
4 A ATTACKED
p� 7
r.lY+� City 44�
tam
i' 1 IYYfR.liia�l�
M VMMIYE OFFIC li
�s s fiD.i6 Y+i 44fY TO MIT
f pRBPOSAL:
CO Characteristics of Area. ii.W aaceao. residential zoning..
Coumemity Services: To be prawided by City of Cupertino.
(9) Effect of Proposed Action:To provide city services.
ILI
(4) Boundaries;
X OeflnIte and Certain. AUG ` 1059
Indefinite and Uncertain:
l �w
X Conform to Lines of Assessment/Ownership.
Do tot Conform to Lines of Assessment:
Follow Centerline of Street. Proposed boundary creates
Oo Not Follow Centerline of Street: continuous streee section.
x Da Not Create Island. Corridor, or Strip.
Create Island. Corridor. or Strip:
!. SUGGESTED CONDITIONS. OTHER COMNEli15:
Add to Item 27r County Lighting Service Area.
3. 19ATESTS: IN No Written Protests Received.
4. IMCOHIIENDATION:
This appears to be a proper annexation within the normal
growth pattern of the City of Cupertino.
SUBMTM: Howard W. Caspen. Executive Officer. by:
Date• A-22..AQ
Attee&rraets. If any:
Ofstributlon: I.M. Applicant. AffecW Agaecies. Parties In ft4yof O&IJIcation.
10111ppRBtion: Orlgtnal.pernment M6i S1la. Other copies. duster after hearlee.
069
Z IMS Uct city Bps, 1 Torre A®, Cup/,'4"lerlt, Mp/
JW Smith, 1920 �s, IA2toe/. Rhondda Valley Invest Co,
Before tba Banta Clara County
Local llgonw roanatiOn Commission
y t?I W t1&t ,,. tsCamebsr
„ OD sm or 40 sam thereafter as the
v** be beard. in ROM.I03, 20 wit Holding Street, Sow Jens,
Chia, the Santa Clara County Local Agency Formation Cm-mission
wl.LL b d a public bearing to cmlider a proposed annexation of
tozat my to the City of Cupertino
A copy of the Nocice of Intdmticn
to aeogx territory, together*- with a property description add map,
Is ow LUe in the office of the Commission, Room 524, County Ad-
mina.;* ;atLo. Building, 70 Wast Bedding Street, San Jose, California.
Me annexation proposal has been designated as:
ALCALDE 69-6
The territory proposed to be annexed is generally located
as feallowe:
s th Bide of calde
,Bout ,east,west street or road
betmwen Cordova Road and Merriman Road. 1.10 acres
AEL INMRESTED PERSONS maY appear and be heard at said time
and pLaee. Written communications should be filed prior- to the
date of bearing.
LOCAL AGENCY FORMATION COMMISSION
fewer'4�_
ve Officer
p1es" roofer to
rile aftwa :
�iC6!_• E3�71LDE 3-69
N yR
4
tfte
Qrrltory Aot .tM4 '
l+ritory is i' i'�t, and is'0 � r
Of Santa Clara, 35rn3a.
ersi�d peti:lam ) the owner(m) Off '
ane-fourth of the lmid,'10 the territory proposed to bO
to the ci.y of CupertEum, tW ama, and by assessed value as
shioNi,am the las- equalized assesasemt roll of the County Santa
Clax*-.ft mWch tls -erritory is 21tuated. Said territory is
bommied wrsd more ^.--ly describe4 as follows:
(T* __ ?escrtption, Flat, and Local Agency
Tb_ttion Com d9slmn's lieport attached)
-and- `_ia icate street Yk horse ASSESSED
ADDRESS ^r Rt. srd Box Ho.) DAM VALIDATION
' Q®r 14 r
J
71
°
L7' Gladys MrRygLt ! C #y Cbbrk
m
} t Janes E•. ft0i� t r `titan Officer
CT:Property 0•rA em ,WWalde 69-6
:. ------ ------ ------------------ ------
A.s per your request, Yollowdog is a list of those owners of
2ecord of all parcels ine3aded in the subject annexation.
PARCEL NAME & ADDRE3S
42 Nr & )?►xs. Elwin L. htiu3och
22cW Alcalde Rd, Cu!wrtino, Calif, 95o14
SC Rhondda Valley Investment Company
1627 Hallenbeck, Sunnyvale, California
31 Nr & Mrs. Marvin Smith
1925 Kay Drive
Lacs Altos, California
i
t
E29SO Mercedes Rd.
Cupertino, Calif.
October 9, 1969
Mr. Yarborough
City engineer
City of Cupertino
10300 Torre Ave.
Cupertino, Calif. 9SO14
Attn: Mr. Roof
Dear Sir:
F I wish to withdraw ■y name from the petition protesting
the annexation of properties along Mercedes Road in
Monte Vista.
The reason for my withdrawal is that at the time I was
presented with this petition :.>r signature, all the facts
were not disclosed to ■t.
Thank you.
Very truly yours,
i'
June M. Provence
& $IJ
O
fi\ �
�i ABSOLUTION NO. 1871
our ' i;11.Q8 TIC CM OF OPD10 SORICB O8 W
11Yb( AAAAIt i TO-SA1D.C1U;DS.4CA114M
TIM'+gY 1a8 Eno
V i1t WO
�4iD
am.
§{ dday a October. rtt M%t� tip=•filed with this coma
' 01040sna;tatiou to the City at 6000tim all of the tenitoty
<Oafter dua*S_ amid
ARER 0. thYs€{ 1.t&n received evidence Avulva chat, and finds s written
tD the City
E with tie i lbtietion Wadssion of Sans Clara County Cupertino
and with
do Sw.etary of the aaiSdcfmoslasioa of Santa Clare County. California. anif that
said lion has ysavotsed. or caused to be prgasmd. a report to the proponents
of said annexation tgeoa,swU am nation p.+opoml. all as required by law. and that
said Local Agency IraguezMan Commission has approved the boundaries of said proposed
annexation; and this Com Ball has received evidence nhowtng, and finds that the
above-mentioned patitlos:veas not circulated, signed or filed pith the Council until
after said Commission hadd-made, or caused to be made, said -report and had approved
said boundaries and turd"_ after said Local Agency Fo:�aatioa Commission had approved
said annexation proposal:: aed
UNEREM, this Councill has received evidence shooing. further finds:
1. That tho "Id is—itory is situate `iasoly adjacent to and touches
and is contignoms to the boundaries of the City of Cupertino; and
2. That lase than rcuelve registered voters res4ded within said territory
at the time the abbove-mentioned petition was f•.1--A with Council, and
that said territtory is therefore uninhabitutd; and
3. That said petit:lkm is signed by owners of not less than one-fourth of
the land in saidd territory by area and by assessed value as shown on
the lost equalised assessment roll of the County of Salta Clara,
California. It, which said County such territory is situated.
NOW, rNEREF0H6:
1. NOTICE HEREBY MS GIVEN that, pursuant to the provisions of the Annexation
of Uninhabited Territory.act of 1939, a petition signed by owners of not lees than
one-fourth of the land Um the horeinafter described territory by area and by assessed
value as shown on the least equelimed assessment roll of the County of Santa Clara,
Califor�ls. requesting ammaenation of the hereinafter described territory to said
City of Cupertino as Unifthabited Territory pursuant to the provisions of the Annexa-
tion of Uninhabited iearittory Act of 1939 of the State of California, was filed with
the Cotacil of the City oaf Cupertino on October 3,1969.
-1-
WA
2. 9UM ;'Clot December 1. 1969. at the boor of 8300 P.M.,
day to eW Af�City nun 1Q W TOM Aeaaus.
l��t$�file Coq>}Oil.of t9te:G'�q.0#
Will a�}aif�,sssl pffiA`ehs
to 00
of �Mae 9da tics i�x+atbt �ot.tto89ttnr.e�
of O bJ .. :.Y ". n p 1 Ce+SIP'a R= '•111q►:Af
t' {' 1CtlO0 e�fib k ♦' • l ,'.M'i1 fat
11 state tie sass t9ia t of the proparcty affected and the description=0
A%=a of the said A*llpamid tam. At tho tits not tar hearfug protests.
14 to Which the `•Ifthrbyw coiauad. said Council shall leas and pass upon
all protests so sada.
3. The territory gropood to be annexed to the City of Cupertino is hereby
described as all that tereltory situate in the Comty of Santa Clara. State of
California, locate an to tenth side of Alcaldo Road between Cordova goad and
lierriman goad. comtaia;aA approximatady 1.10 a"". L,:need and more fully des-
cribed in attache E09dta "A" and "E".
PASSED AND ADOPTED at a regular meeting of the City Council of the City c`.
Cupertino on the 20th. day of OCtober . 1969. by the following vote:
AYES: Councilman: Beaven, Fitzgerald, Noel, Stokes, Dempster
ICES: Councilmen: None
ABSENT: Councilman: None
APPROVED:
/s/ J. Robert Dempster
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
-2-
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77 ,
b
t ems,ti�`� �et�iti►riy dilgel�i�d� i?IDti,
Y. Cava" 't
LA Ina, OJOG�
�b 0 ft. 322 WOO 200
a fataee or Stk.OfY to a
s' 61l. Road (PO2' io
td- I$p etstitl "!�P O! sTa
o! t ea D was tiled !or rea�e:d I fie a
o! Santa Clara, tuts of "U
ll, MY ip 89awk �cif Map at page 13); theskle tame
<4tr°lSstance of 117.00 to the Southeasterly corner of that
W*01 0f land described in the deed tram Estelle Suam,
aRe rie� e�an to Ada 1lailay lcveetments, a partnership,
April 11, 19�6 sud recorded June 16, 1966 in Book 74120hsootefs, page 600, manta Clara County Reoorda; than*@
A. S Ta0�00'9tfbr a di®tan0e oP 89.0o feet to the southxasterly
e of said lands o! lndda yhlley lnveatme»te, �tid point being
off tare Easterly liar o! tbri►t certain parcel of land desaribed in
ttls tlassd ! SsLe11e Ssareas Lo Marvin M. Smith et ux, dated June
23:, 1963 and rsoorAed Jrtly 1, 1963 in Book 6G85, Official Reeords,
pw O7. Santa Clara Co}u}��nty Recordej thence true South ftr a
distancor es thencel9 rootN. 890 40 IS W.�tforsaedistancee or 1o9 o corner of o bands
to the SOuthuaaterly corner of said lands of Smithx thence trine
8mAh for a distance of 100.12 feet to the Southeasterly corner or
tftt certain parcel of land described in the deed from Caspar Ostler,
Jr. et na to Elwin L. Eck at ux, dated January 17. 1942 and
sided February 19, 19W.,in Book lM, Official Records, page 17,
&aft CLaaa County Reoorde; thence N. W 401 00" W. for a distance
at 218.00 feet to a point on the centerline of Santa Iatala Road.as
sWW road is ohm upon that Map above referred to; thence true
MbM along said eentorline for a distance of 13.54 feet to its
psdat of intersection with the centerline of Cordova; Roars as said
semd is shown upon the Malp above referred to; thence N. Us 23' 00"
B. ftr a distance of 119.63 feet to a point on the Northerly I
od! alarlde load, as said scad ieddm upon the Map above refs i..s
tan said Nol-Arrly_line being the present centerline of Aloatde
FAmi t thence . A 400 00" E. for a distance of 352.2E feet to a
NOftt on Rhea centerline of the above mentioned Merriman Road; Monce
tip South for a distance of 217.E2 feet to the point of beginning.
Coats1n1M 1.10 acres more or lase.
Tim firegft b1sbument is a
cared espy of the original
ATTEST: JEW PIWN
M*Bawd d Sopm ma
- in'q
5
October 21, 1969
tors. Anne Dalton
Cupertino Cosies
P. 0. Ras 657
Cupartino, California 93014
Dear Mrs. Dalton:
?lasso publish the enclosed Rezo:ution No. 1671, designated
"Alealde 69-6", on October 29, 1966 and November S, 1969.
Our Purchase Order No. 5008 authorizes publication of this
resolution.
Very truly yours,
Cm 0? CUPtRt'11H0
Gladys McHugh
Deputy City Clark
Eucl.
MINIM 1111�m
M
}t
t
October 21, 1961
t
mr. 6 Mrs. Elvin L. Murdoch
22650 Alcalde P.osd
Cupertino, California 9501E
Dear Mr. 6 Mrs. Murdoch:
We are enclosing a certified copy of Resolution
,,o. 1971 ("Alealde 69-6") which was passed and adopted
at a regular meeting of the City Council of the
City of Cupertino on the 20th day of October, 1969.
Very truly yours.
CITY OF CUPIRTI\O
Wm. E. Ryder
City Clerk
pr
Encl.
October 22, 1969
Rhondda Valley Investment Co.
1627 11ollenbeck
Sunnyvale. California
_-tlemen:
We are enclosing a certified copy of Resolution
No. 1871 ("Alcalde 69-6") which was passed and adopted
st a regular mecting of the City Council of the
City of Cupertino on the 20th day of October, 1969.
Very truly yours,
CITY OF CUPERTINO
Wm. E. Ryder
City Clerk.
pr
Encl.
October 22, 1969
7. S Mrs. Marvin 9ult!
iay Drive
'�S Sltos, Califots"
!�r. 6 Mrs. Ming—.
we are eaelomd a certified cony of Resolution
=c i671 Chlealde 69 V) which was passed and adopted
r regular meeticg of the City Council of the
7 of Cupertino am the 20th day of October, 1969.
Very truly yours,
CITY OF CUPERTINO
Wm. E. nydf,
City Clerk
:ram.
MINI
MOOF OF- PUBLI ATIt3t, Ida space is for the County aet•e Piling stamp
VOW C.C.P.)
STATE OF CAA,
county of sna®t 4MM
Proof of Publication of
I am a.aMixem at Clue United Baas and a resident of
the Camtiy attaaonsitt-,. I am over the a.te of eighteen years„ _..._......_......_.._.__......_...._._.._____._.___.__....._.._._...__.
and not a pan* to ar interested it the above end
matter. t aa.Se principal clerk d the printer of the
.._.._..___.._.._.._._.._...._... —._._.___._....__..
CU6�-MONTA F67{ COU
RIER ......
_ 1, ._._a__
20M4 Shawas, Creek Blvd.. Ca, moo. California,
a newspaper it tteaeral circulation.sated and published
weekly in Ise C2tw it Cupertino. Ca:dernis. County of
Santa Clam sing whick sewspapc as been adjudged
a newspaper .,ar.gsrai eirculatioc 3e Superior Court
of the Countyt if 5aata Clara,Stara that the
notice,of w Za mmexed is a: copy(set in type
not smaller Jim ompareil), has°r=published in each
regular and--a*- .issue of said —s per and not in
any suppletwe= Ibereof on the v.-asg dates, to wit: .. .. ,
commencou; ae a .....__NOve?_*_? -:r,1969-.._, PtCty
Novem:' _c,1969
and ending :.va .-----.._._......__ __ __..._............___.,
all in the rase:11K- ...
I tertrtp or declare) under;rat;of perjury that.
the forest a.van and correct.
Dated at _ ::zertIno, _,'.:i`o'n1B
California.thia _-26._- day of TO--B te:. . 19g�
(Sign twe
CorossI:s-Monte Vista Courier
3004 Slswens Creek Blvd.
ttisp�eflrro, citi aritia
PROOF OF PUMUCATION
x K t
x
Y +
CA
71i11 L dh'L e Pu A eu--a since p-pe-*ad,fim
4 Cam.&.wdA& *ewde deedpr&d 1037 o.R.17
r302-ISJ4 and las =-a-&—to C a,p
pad
by go"Reia/u#1as No. IPY daged 2o7 am4o6es n69.
Aqm a6vat 13J2w eq.. A
i
L
4'
}
.. My �• .
R.e
d y-
Y = 4
4.*.
4
Tii" ie tv advAsa Ant we aeaenf4 beeame Ae awmed of the
poop ° {ke o)C Abxble mid Mein Bede dedignatad
74120.R. &V(A2-fS i md m Ae4e6y PiroAee# mvtexaicm 6#
CWe&anooe pmpm d 6M yom Reaob&m No ION, 20 lZr.//���bea 1769.
CwGootion $17oo.w
Alma about 7.130 �Q•
r
.r r
Iv
oEelgeacs nb, e52
0 OS3►1tQ= THE AmumAnm as-c6' nt a c0lR Guou5
OF COP VbD It ACOMAWE -UIRH W 9pplaoiN(WBECRI011
.353w mr m or ma commm cm vyIS=li'm(w CAT.YF'onu
"ALCALDE 69-6"
WHEREAS, tho'City ConnoLI of the City of Cupertino did an the 20th day.
ok October, 1969, pasi and adopt a-Resolution for the proposed annexation of
certain territory to the City of'Cupertlno, on which said Resolution notice
of the day, hour, and place %ben and where any paraam owning real property
within such-territory to proposed to-be annexed-and-baving any objectiobe to
the proposed annexation sight appear-before the'legislative body and show
cause why such territory should not be so annexed; and
-WHEREAS, prior -o the adoption of said Resolution. Local Agency Forsa-
tion Commission did prepare or cause to be prepared a report to this Council
upon s:.id annexation proposal as required by Sectian 35002 of the Government
Code of the State of California; and
WHERUS, prior to adopting said Resolution, this Council did cause a
notice of intention to annex said territory to be filed with the Local
Agency Formation Conrission of Santa Clara.County, and said Commission did
approve said proposed annexation; and
WHEMAS, such hearing was held at an adjourned regular meeting on the 9th
day of December, 1969. pursuant to said notice contained in said Resolution
which was the lat day of December. 1969, as the time aid place fixed therelo;
which said meeting was subsequently adjourned to Decembw 9. 1969; and
WHEREAS, such hearing was not -less than forty (44) vox more than sixty
(60) days from the �.ate-of the passage of the said Resolution; and
WHEREAS, st,the said hearing there were so valid protests by any owner
or owners of one-half (112) of the value of the territory proponed to be
annexed, according to the last equalised assessment roll of the County of
Santa Clara, State of California, and that it to for the best interest and
convenience of Cupertino that the said territory be annexed to said City of
Cupertino;
NOW, THEREFORE, the City Council of the City of Cupertino does hereby
ordain as follows:
:action 1. That the annexation of the uninhabited territory hereinafter i
described be. and the same is hereby approved. and that said territory be.
and that the same is hereby annexed to the-City of Cupertino and is sore j
particularly described to Sahibit "A" and Exhibit "I°attached.
t
_ i
All that certain real-property situate in the County of Santa Clara,
State of California, deseri6ad as follows:
Approximately 1.16 acres'located on'the south sift of
Alcalds Road axil.6jimam Cordova Road and Harriman Head.
Section 2. Purswant-:La provisions of the Government Cade of the
State cc7 California, dw OMO CMsfh shall and be is hereby directed to file
with the Secretary of-tbe tote oVCaalifornia a certified copy of this
Ordinance faaedlately upes-tba-said•Ordinanee becoming effective.
,y
Section 3. That all wMenses of proceedings for the anaeaatlon of
the said uninhabited terr11Lor9'ba.paid, and that the same be and they are
hereby allowed.
Section 6. 'If•any section, subsection, sentence, clause, phrase or
portion of this Ordinance is. for sny'reason, held to be unconstitutional,
void, or invalid, by any court of competent jurisdiction-the validity of the
remaining portion of this Ordinance shall not be affected thereby.
fi
r
E INTRODUCID at as adjourned regular meeting of the City Gauncil of the City
of Cupertino on the 5th, day of January., 1969, and ENACTED at a regular
meeting of the City Council-on the Zntl, day of February, 19_LO, by the
following vote:
AYES: Councilmen: Beaven. Fitzgerald, Stokes, Dempster
NOES: Councilmen: None
ABSENT: Councilmen: Noel
APPROVED:
/s/ J. Robert Dempster
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk -
-2-
Legal Opinion to City Council re: Annexation-Alcalde 69-6
From: Sam J,, Anderson, City attorney
Dated: February.2. 1970
FACTS
Parcel 42 - ftrdodh
Parcel bu - Rhonda Valley
Parcel!i- Smith
Parcels Bu and 01 signed the LAFCO petition which included
the Murdoch land.
i"CO then gave the go sign to the City by its Report dated
August 22, 1969:
The City Council held its public hearing on Dec. 9, 1969
pursuant to Resolution No. 1871.
_mmediat9ly prior to the December 9 meeting, a Kennoth. ad
Dorothy Ray filed a protest dated November 25, 1969 covering Parcel
o, Rhonda Valley, one of the original proponents.
= e City heard the matter, closed the public hearing and mad-;
its firs-: reading of ordinance u52 on grounds that there was less
than 5C' protest.
QUESTION:
Was the Ray protest improper as to permit this finding by the
Council since the Ray protest covered Parcel So which was one of the
origina_ proponents?
OPINION:
The Skinner case was argued for nearly a day by the undersigned
and opposing counsel before a representatice of' the attorney general's
office. In that case the issue of withdrawal of signatures was
- 1 -
discussed at length. The legal conclusions were:
1. "Signatures on petitions once filed with the Clerk may
not be withdrawn"(A. deannexation ease). Sweetwater Fruit v. National
C t , 126 CA(2d), 655 (1954).
c. "petitioners after filing general types of petitions may
net, after filing, withdraw their names and thereby defeat the juris-
diction of the body with which the petition was filed". (ibid)
3. !rhe :1egi91ature did not intend to make any provision for
withdrawal of filed protests to a proposed incorporation.
"[L] Statutes-Inti)rpretation-Aide-Change of Language.-Where
a statute with reference to ove subject contains a given pro-
vision, the omission of such provision from a similar statute
concerning a related subject is significant to show that a
different intention existed." Strauss v. Board of Supervisors,
181 CA(2d) 133 (196U).
4. ;35310.1, Gov. Code, provides that 100% petitions may receive
no written protests. If the petition is not 100%, obviously written
protests may be filed but not by proponents or persons holding under
them.
CONCLUSION:
A preliminary report reveals to a buyer of land all encumbrances,
rights, liens, tax powers and any other recorded documents that might
effect the troperty. A preliminary municipal report reveals the ordi-
nances res,rictions on use, side set backs and the taxing power of the
m:nicipalit;. At all times from the point that a petition is filed
with LAFCC, the buyer is on written notice of a pending annexation
c;,eated by his predecessor and he cannot avoid this obligation because
the buyer cf a piece of land has no more rights than his seller had.
Any zther conclusicr. would permit a proponent to sell his pro-
perty during annexation to 9. title Co. or a dummy holder under a side
agreement :o buy the property back when the annexation failed.
Finally, the jurisdiction of the City vests jurisdiction over a
petition when that petition is filed with the City Clerk and remains
vested when a 50% protest is on file. The statutes provide no oth9r
method when depriving the council of jurisd. '`ion; therefore, in the
instant case, the City Council has power to enact the ordinance on the
face of the record or terminate the ordinance which would then require
the Council to amend its Rea. No. 1545 which provides that all property
baying water from the oity must be annexed. The wording of tbe, reeolu-
tion Is mandatory; therefore, it is my�,ecommendation that the annexa-
tion be completed by enactment of the ordinance.
Respectfully submitted,
Sam J. Anderson
1 LAGOM
Tbird•s$tra�at ��Ti•G'1�1
a Altos, Califot�a 94OU
$ S 9AS
P
�t stesse� for potstgamm
(4
_ d
e IS Oy THE STATE w Gummu
9 0 AM Il Tis COW= OF SLVU UM
10
11 L. guem F"a I.
�. tat. NO. 231941
13 Petitfoneas,
14 ..
ALTERNATUR WRIT OF !MANDATE
� CI14 OFCOPERTIRo a municipal
cosporation, 3Fa mmaximm.
18 CL41?E SaL, "AT Sum,aRBBRT
R. BEAvu and J. DEMPSTER,
17 Mudmm of the Cit7Council of
18 the City of Cupertino,
19 Respondents.
a
so THE PEOPLE OF TRR STATE Of CALXFOWZA SEND GREETING8 TO:
21 THE CITT OF CUMMM, A MUNICIPAL CORPORATION, JERKY PITEGERALD,
Sa CLYDE ROBU L, GA R2 STOW, HERBERT R. BEAVEN and J. RODBRR DzwsTER,
23 MEMBERS OF THE CM CODRCIL OF THE CM OF CUPERTINO:
24
VWRBAB, it atpeams by the verified petition of ELV= L.
20 mumacK, RDBY X. WMCK, EMWO RAY .-,d DORUfff M. RAH, the
20 petitioners beneficially interested herein, that you, the respon-
29 dents above ound, bairn smosded your jurisdiction by enactment of
an ordintmes apptVw1ft Summation of that certain uninhabited
29 territory desip►atad by you " "Alcalds 69-6" in your Osdiance
so
•o. 1871; and
31 t�1AS, it appears that potitioaen!e have no plain, epady
32
or aia*uate mvojr is the ordinary course of 1m, and that m
n>
NIMMONS
1 alternative writ of am deft should iosw berate to accotdenee
2 With the prayas of Odd petition; and
3 Vi. tba OMCMIS �.1lI114#4R �..�aJWOP of the
4 Aftwe-sntltlad GOW26 a" duly ordered this M alsonalve writ
6 of ssradste I"" do Iw directed to yea as by LAW.
® , aM 4b that, lsstmdlsta y m pR of tbu
11 !s'it, you (m) Set pates dotezalwatim tha ftaffteteat
0 Protest Was soft to 08 rrrazstioa of Alcslds 694, (f)'anite a
m fludtad that protests aZsinst said sanaattlms ware duly made by
I* osnsrs of ens-half taw valsw of the territory maths said
11 Alcaldo 69-6, and (e) repeal and/or set amide said ordinance
12 approving annexation of Alcalde 69-6, and teaa inatw said amnons-
13 tiou proceeding, or that you show cause before thin Court, iA
14 Department 12 thereof, Couathouse, San Jose, California, on
1S ,�vPJAa'Y , 31970.1974, at 91 A.M. of said day
10 why you have not dam no.
17 pending the adjudication of thio writ of mandate:
If 1S HMO= OWN= that the respondent City of Cupertino,
its officers, agents and aaployses, be, ai they hereby are,
20 enjoined and restrained from completing raid anar=ation proceeding
81 by way of filing a cortiflsed copy of said ordlnewe with the
22 gecretary of State of the State of California, or by any "me.
25 Y11181SS my head and seal of said Court this ,�V day of
24 Webroary, 1970.
28 CHOM Z. FWAX8,
28 County Clock
27
Glen
$C
d1
-2-
0 tSEU
► a A. .(AD
�6 EEC 18 �
far CU*
a �
so==CIMM Or To sun or
s 1H11 Alfa PM IM COMM OF SAM ClddtA
� L. , aa.
az an Sold
e. PAT,
23 Ystitfsaeras,
J vs. Own D112LTM I669AN=
07 ALI lTm Van GY
25 CM OF CWUSM a eataic 1 XMI) l6
4. WAVO sod J. ,
IT
BboBeaei of the City Cosae:il of
mhs City of Caper ,
39
Saspcat6�aotlts.
2D Good rAuss appewl" taus the verified petition for a writ
Xt of &and=* on file bow"a.
22 IT 18 COMM het s alternative writ of mandate lotus
23 under the seal of this Comet coaeandioa the above sand rempon-
m dents (a) to set acids their deteraiastion that lasufficiest
25 protest was lade is the ammation of "Alcalde 69-6," (b) direct
an cesp wfie■t City Cwsala to &As a finding that protests against
dT seid mommostioa we d ols easde by asners of one-bolf of the value
of the tawltwT onagaftAft Alcalde 69-6, and (s) dissee t
eMpoedasa City comma to repeal and/or net set" its said
30 lea m -.000MUm of Alcoldo 69-4. and to terminate
Sal damommosm 9616400ft iesMiatwly upon of as" twit,
Sup
is tbo altwKGI"w'**w owns bafars WA cown at a aprmifisd
A ;
I IL
ad place l 'ft bw tot dwa no.
ffi of ftafftlooll VA i" 090SMA, dombes ad
1 • mo d apse• 214som do C .. f m
as Gold momotum
by tv ®f gnus .%Cwtiflad
of saw do � of as state
9 GalltaaAa• or or ow Moo.I! n that the altrsf=ite aesit of amadate
P tossed an mopenowits at least ton (10) dada prim to the
10 hombg of the amoso outer to &boar can".
u Dated: MzWory 1970.
12 IL WNW sum,
1s juage o
14
1S ,
10
17
18
19
20
21
22
23
26
2.°3'
29
xy
95
is
r�
acADORStu
? 9.s
3 i FEB 18 WO
s
8
1. 9
P Ia To cmum MW C! Rl1U GALUUMA
9 N aM A M CMW M SMM CLAM
10
11 IBM L. !�j. �.
g 12 N. ld�,
13 Petitioners.
14 se. PZTEMM M WRIT
OF MANDA22
is OF late. JM nFAMM
16 �.� on am". T
WAS * J. WMT PWSWR,
17 of the city Cornell of
ha City of Capartiana,
10
Respondents.
19
20 v To Hmmmx mptam COURT OP TM sun OP CALIPOit U, IN ASK'
21 Va THE COME OF gAM CLAM:
22 The petitioners above named petition this court for a writ of
23 ate. and in support of said Setitiou allege as follows:
24 i
251 At all time brarein mentioned the respondent, CITr OF CUPRR-
, was aid maw is a mndcipal corporation. organised and alias
27 ander the lams of the State of California.
� II
29 At all times burin saessionsd JilT& fiiZl mmo, CLM IIS m,
30 Rom; 1R. and J. OWSBM one need am
31 NO &WAY 4 l0. no asap eatdelars am all the
32 of a*eft OMMOU of the OW of Capertiasa.
i
III
as 884 f, no, eb"O a+es fil°d Ida Ciro OU7 am"" of
dr a pstitlafd slow,w rhea of we
. tMW Maas dOOOMWOM of this -M-00 106ONWOM_
'awas"d esftkd ,one do Is w"
° tamumd dowwwa- of the GOOMP,of r fir. 1 ,
^> 9 fib_4"Ntm"a aad territory is of eft of simo
a to Uadmoftid mWS26my Ortlramast to wo of tbs Aaaaaa-
9 tied of QaSSIMfli20 IMM31tory Act of 199 of dW :Mato of Cs11&v-
Yo cis., fbs teastUM7 yavromed by sW A petitiem W be m6mmad to
12 the City of cemmahm is generally derma a& all that territory
12 situate in the 6029j of Santa Clara, State of[ California, located
13 on rip south We of AlvaAde Road betweau Cardma Rosd and 141erri-
14 am Road, cootaiadart anro:imately 1.10 awn, bmmAed and dire
15 fully dawribad im eke legal description attached bersto, marked
is SRBIRIY A, and by this referemos incorporated basin sad made a
17 part hereof.
18 Said real property was thereafter daeigmated by said
19 City Commil as "A Aside 6!'-611.
2' IV
al on October 20, 1969, od.:.d City Couscil of said respondent,
28 City of Cupertino. passed and adopted its resolution =a'Ser 1871
23 giving notica of the proposed amdnation of said property to said
24 City of Copmelm®, red gluing notice that December 1, 1969, wars
28 the date of besriarg meteats made by any parson owl" real
a property with" ties territory Proposed to *-a ammamd, Adeb
87 protest hearift else oda etnued by sold O mmil to Jammary 3, 1970.
as p
�s At all time awaiae4d herein, the petitiammee Mrs i
30 amd moo are Ides des of record of Loath wiCts► tUs pmpomW
31, "Alaalde 69.4- . add, sisao Nmambw 49, 1949,,fot1t
aff have b -- aW aarlr rule 40ws nK t+low., of W11"views said
�I.
1 proper soaslstfma- Lass awagato value of X"d c ums the
2 proposed aOmall ram goad JW petitioners Mzdm a and W is in
s muses of Sul! am of eha value of the tocratery pe+epossd
to bed.
o R
e On iseSAW 9, IM, PdW to the fLial SOJON OMM of said
s
>r test bonI tlr as JftMI S, 1970, patitisus-7 NoWleek ad fty
• h dolt' filed eftdr Wittsm protest scent said aoeasation.
0 tbstaniisg that potItiseess -as and s" owes of renckd
to f Yore than ons-bslf elm value of the property to be smeared, and
11 hat petitIonsss had dl r filed their protests to MOMMion as
12 slorese.1d. said City Cammoil overrated said protests, refused to
is fIM that a majority of protests had boon wade. and thereupon, on
34 January S. 1970, pancwsdaI with said anaxation by way of first
Is reading of an ordinance approving annexation of "Alcalds 69-6."
is VII
17 On February 2. 1970. said City Council of said respondent
16 ity of Cupertino adopted an ordin+toca approving annexation of
19 ,'Alcalde 69-6." 21be -'nation of said ordinance was and is in
30 are as of the jurisdiction of the said City Council for the
ei reasons above stated, and was and is therefore lavalid and void.
ffi VilI
23 Petitioners hoes so plain, speedy or adequate rawady at law
26 3w in the ordinary comwas of 1av, and no remedy at has whatever,
95 r say remedy by appeal to have said ordinance of said City
f it declared null and void and set aside, and petitioners
97 hove sed represent that, unleas restrained by this Cowt from
28 dotm. the r�eepowda t Oily of Cupertino will, through its
es fficers. &Santa awl of said em�ayeas am, a!lact ttem completi
so asrtion upon sxpienti m of thirty (30) days free February 2.
iML 970. by fil.ims; a soct49*0 copy of said otdimamme w th the
a
tart' of Stesa of elm nets of Calitorsia.
v
-3-
1
2 !M coal, pertIND In intarest heteim* and these who will be
s affeotad by do jwftmM of this Comnq We smMI inasrs sari the
Y
4 respondents AM* talwd.
lr 1
® ldelsss 06 000609MOV writ MY Off bereft loom ftm this
court, patio+ viiil sustait 16 ildmy.
s riMAWMr retwoners awpeotfsiiy pray as followas
1. For ag Afternativo writ of exatdae (a) awansdivt respoa-
10 4us to set &$Us thole determination that Yasufflelent protest
u was made to the asnexatiue of "elealde 69-6." (b) direceins
12 respondent City 6otacil to Warta a finding that protects against
13 said summation an duly wade be owners of on.-half in value of
la the territory comprising "Alcalds 69-6," a►.d (c) directing respon-
30 dent City Council of the City of Cupertino to repeal and/or set
is aside its said ordinance approving a4nexation of "Alcalde 69-6,"
17 land to terminsts geld anneuetion proceedings, or to sbm cause
is before this Caart at a specified tisn and place why such has not
19 boon dons;
20 2. For an Order forthwith enjoining and restraining rsspon-
21 dent, City of Cupertino, and its officers,, &Santa And employees,
22 from completing said annexation proceedings by way of filing a
28 certified copy of said ordinance with the Secretary of Ftate of
26 the State of Califs mia, or by any steno;
25 3. For ju4pos►at directing the issuance of a peremptory writ
25 of mandate containing the relief prayed for in Paragrarihe 1 and 2
27 hereinabo®e set forth;
as ♦. For ►.hair moats of suit; and
29 S. Foi such other and further vrallef as the Court deers
30 proper in the priestess.
31
OMW A. o
32 Ate foz tiotsrs
x
e
1
2
'F A
7
,4
9
10
11
12
13
14
15
18
17
18
19
20 I. the undersigned. sad:
21 I am a party to the above-entitled matter; the
.2 foregoing dooument is true of my own knowledge, ezoept as to the
23 matters whioh are therein stated on my information and belief,
24 and as to those matters I believe it to be true.
28 I declare under pe.elty of perjury that the :P.orogoing
28 is true and iorreet.
!7
27 gzeouted on Februeri 197Q at ag,
28 California.
M
30 GLK,l4/ L. /�t%iQs7oc/t
31
32
S
6"
aalall/ANI/ItBO�Qpwya.is
lcµ
�+ r
1 t (011 fOnW AND 4[flt�ilts
2
3 1. as valldt" of Imnexatism "s nay
tEa
4 be tow day
o! fo. • • t
6
' o
A
7 .`,.ai+w ofof astema 232 ". ad 417
e
2. Petitioners era "omms" entitled to
9 protest aaelnst the proposed anas"tion.
ac gmwm�t Cods, Section 35312.
I,1
3. further procsadiats In an aissazation
12 proc=ivg shall mot be taken if protest is made by
private owswe of one-half of the value of the
13 territory proposed to be atmmmW.
14 flovastismsnt Code, Section 35313.
18
Dated. February 1:, 1970.pespecttuily submitted,
18
17
0
is Attorney for etitioaors
19
20
21
22
23
24
25
28
27
28
29
30
sa
32
. AT6nIpMr 4 L1�1�1
A..iill MN•
fOYI�Wts.
" i I '
Of
SACRAMENM
1T IS HEREBY CERTIFIED:
11hat on the h—day+� apet 1 19_Zo_�pursuant
to the pprovisicea of the"Arme7etfon of Uninhabited Territory Act of 1939,"more
parti�ilarly Section=17 of the Government Code,there was filed in my office:
A oopy of Ordinance No- 452 as regularly
passed and adopted by the legislative body of the City hereinafter named on
day of February 19-29-certified by
Gladva McHuath,'Deauty ,City Clerk.
I further certifv that said Ordinance sets forth approval of the annexation to
the CITY of-UFE"INo of contiguous uninhabited
territory,contains a description of its boundaries and designates the annexed
area as:
"AWALDE 69-6"
® DatedADril 30, 1970
7 '
H.tied--f State
J
COYI ropy COPY
PROVENCE ASSOCIATES REALTORS
1617 HOUSNUCK M5446
SUNNYVAIB CALDISNIA
March 12, 1970*
City of C;pertino
10300 Torre Ave
Cupertinc, Calif.
Attn: .Sam Anderson, City Attorney
Dear Sir:
I hereby x t^draw my protest of the annexation to
the City, Cupertino of Lot 76, Tract entitled'
"Map of --s.iration Heights. Monte Vista" as shown
on a Ms c reerded in Rook F. page 13 of Maps,
records. ._. Santa Clara County, California.
I was ti`•_awmre at the time of protesting that
Harold ' ence, the man I purchased the property
from and ::..: still has a substantial equity interest
In the _,=_rty, had. ode the application for
annexst___.
Very tr ;-.curs.
:rennet'.: .
\ RECEIVr.0 ��'
1.70
�l
• February 29, a to
1
MEEMMMUM
lYl. Saa Amderson, City Ab4amacy
H0ONZ Wn. E. Ryder, City Mee&-94-abee Director
S13: Alca:_e 69-6
1 as submitti=c. c_- you some papers fi/ed with me on February 19, 1970
re:�ve to the An--+esa:ion designated Aieaide 59-6. Thiase papers are an
xr-�*+�tive Writ of !;xncate ordered 'oy.3ncge 0- Vincent Bruno dated
i8, 1970p a= --,der Directing '+nuance of Alternative Writ of Man-
de=e s-saer: by Judge _ Vincent Bruno fated February 18, 1970; a Petition
far Twit .if Mandate as filed by Mr. .L oay A. Lagorio, Attorney for peti-
tfammzrs -r d endorse: is ]eing filed Fefv m- 18, 1970 by the Clerk of
Sam=n ..Court and':,amotandum Points arf- Authorities filed by the Attorney
far,rPe--rLi"oners. :c:_o ed in the lazt:L-- Petition is an Exhibit "A" from
Ci_s of Cupertino Re a:ution No. 1871 :i-: the descr'ption of the subject i
prz
gpe=y az-1 an a`.f -i:, presumably s:-gpex by a Mr. Elwin L. Murdock
da ei February D, :_'J as a party to cne matter.
Caeg-s of these pa7e_s a=d of this aaaum are being forwarded under
sagAa----ze cover to ear of the members i:.e City Council and to the City
Kuma&e. Inasmuch as :_e Judge has ems mused and restrained the City from
c=wpCrii= said an=esa:ion proceeding py uay of filing a certified copy
of saabject ordif=ce with the SeQxss:7 of State or by any means,uo
f^^*ee!► action rel.---'se to the coup!--— of this annexation will be taken
by zlie City Clerk uatil so directed.
Eats'
Cr-- 39ailip W. Storn
City Manager
go mWor arA oamt UNk et alg.e UW.
>To. Mr.Geame P. ViLva
1060 NmWiWa 06
Monts nsa axis
wung addrira Off. am*
Mn Land gmab of ya+opaa slow AlaMa betwaan Nomura ad.
aid Seats Loft. i
The follerimg pow egmm adore and othsma of the says&
fe@UA a about thlo sattw brit to a head after the ope&
Moving we were supposed to haw fad an danm6W yth with
you 'GENUANUO aftw the pestpmea&aat You rgnestei on
To may the least Jan. 5th. wasadionlous and IuUam
beyond being fWW.
I spot•out on Dewsber 9th and I would Ilk* to think
you have enaugb some to spmU q name correct. We G•
P. Dy+T•IiS* not the my you epmlled it.
Yf0p*,%VIM-WTyMum f
Ceoagrt 8. Dacia
Ltr_ 92
CR-70-1
1-15-70
vMM IN M 40=2 Cr&MO MM An COMUM N!OR am
8f'DIET PBOM TO!MMUM Z4 2 US 1l W AM
Us DOTE OF W EMU 3D GMIMM 5M PWMW 88MMOM!
Am SM To n6TSWO BA3Mi=80 IBM MIS BUM
Bn[oa3+OM Bi 82MU.
p6Opfi AN=AND M&U_M_l
on us night of iIN3017 Sth, five elected of OU"
t
turned an open heating into a 91=7CHM CMRT at which the
rights of CrMW were liag:satty ignored. More the tights i
of CITMMS wore Accused. found Cant?. And Rungs all with-ant
l
benefit of w unsal or. appeal. Accused of Nhat?Accused of belag
1
in the way of the oity's and-dag(ppspl g. Awned of seating 4
to wreath free. Canty of what? Quilty of muting to be lk+ee,
Canty of not wanting to be chopped to pleoes. and. cost of all. j
Gulley of not wanting to be past of their Mr. Ne saes to be
Guilty of not wanting to be conceal into the city lips so
such food into a sliiq saosba.
Nang ty the VUL700 who g'last and Kan not wait to baton
feasting an the still living bodice. An we want la to be left
&lane but to these petty I==. these 0WWTM- Bases 103.'lit Ml
it see" to such to ask.
hb aWt4 We mWAI IBM!o take m about ss nab ae tare
OWN saw the MONOW to lead*them. Ilene line n tacit
troops and tsdo to OmodhoolowMas wMt do tare 1°
intend?
Ohs night a!JIUMNOW Sao Stan live in ink With
Dacember?the and the fty Min Wamm Ghetto came Wachs ell[ir
mragaasnt au Mel fymtapo. as One live wooed say Oft year
Y remember it well!•
By the rights emdarad tW the supreme cxvatam to emob
individual We do bevo-s dealers our diepla muse. wr ravulsiome,
and our so==Abhorrence to their way of thinking and thedr
bigotted mind. We do caleativay Uff their atwphd claim,
?' Dmr the authority thq eLia, do DljA1f their right to ao'o
in such unim-budsd was. do AW their right to act
larosponsible. and to go about ignoring the wishes of the
people*
And y the asvater we do not intend to lot than,get awry
with this tack-atnbhing and wq of theds other illsepl sots.
So that we may en" am unaluttered acid uncreadsd good
life Ye do dediotts cusselves and, oar sacred 9-- to the goal
thst we may live with avow enough,about no so that we my
breath without a mmUng or being cvwded by am neighbors
We do join tgyether fa cppcaition to the aetbods used bir
these 3moLtio 91"*me their ilk.
a:.
- i
CITY OF CUPERTINO
MrSR-OFFICE How
February 27, 1976
TO: Sam J. And ram, City Attorney
FROM: ;'m. E. Ryder
SUBJECT: "Alcalde 69-6"
i
I'm transmitting to you, for your.use, three (3) certified
cnpies of each document in the City Clerk's files on the
annexation known as "Alcalde 69..611. Also we are enclosing eight
(8) copies of Certificate of Completion for Hud Tank Project.
(one (1) copy Certified)
cc: Mr. Philip N. Storm
Mr, Lee Yarborough
4
go 00
APAi7
a „
C&M OF UWA CLAW
tw
to abd
12: Fatitio®sro, no. 23MI
/3 Va.
14 OF aWZn= a_s rahl�sl
ration. a0111
Bs NOBL. CAB! AVn
-.- SUVO and J. RCBT Dom9 i
e` hers of the city Couoeil of
._City of * 052"Em DpCI!!1
ep
Respoodenta.
is
19
The patitioo of 11win L. Murdock, Ruby I. Murdock, Kenneth
26 ®sy and Dorothy m. Bay for a writ of mandate is hereby denied and
zB
the Court finds and dete>adsa that the petitioner* shall take
a
eathimg by their said complaint and petition and that the respondent
23
dhall >A disedased h wAgorth with their costs.
Respondent City of Culpertino is ordered to proceed to t
Za
25
aa" and all necessary stop* to validate and complete the amenation
V, rNumesedsaga designated as 9ilaalde 69-611.
1AR aZttPE�diJy"! "f Y ►ts v1111 psepars:tips formal ordes
lam. if ro �
April 27, 1970
Secretary of State of California
117 State Capitol
Sacramento, California 956
Dear Sir:
Pursuant to Section 35316 of the Government Code.
we hereby trar=it a certified copy of Ordivance No. 452,
designated Alcalde 59-6 , an annexation of real property
to the City f Cupertino.
Plcase se:.d us two certificates for this Ordinance.
one for our fi.lt and the other one for the County
Recorder.
Very truly yours,
CITY OF CUPERTINO
Gladys He Hugh
Deputy City Clerk
pr
encl.
Alcacle 69-6 Annexations 2 of 2
I
1
yi,)a
S,) x
t i
XS r }
1
PROOF OF FUMMARON This space is for the County Clerk's Filing Stomp
12015.5 C.C.P.)
� X
f STATE OF CALIFORNIA.
County of Sent&Clare ;
r �
t I am a citizen of the Untied States and a resident of
41 the County aforesaid;1 am ever the age of alghban
in Proof of Publication of
sctl % years,and not a party to or interested in the Awe.
? -, entitled matter.1 am the principal dock of the,Iri�ar „RFSULIP!l�f-, 1E7?
... .............
" k y of A* ......SUNNiV.....ALE IWPAP ....G.._IL!tpF?...
i
(®/ G rsp
a ,
,
k �a
h4:'a'� f�„-3tt'�•Y �`�> � a,rY't��a a vts., ,fir��1z�..Yr .l"a w ro, �._-.
� ...• -`.: •. I� ,ir^ r' ' %`r." a�M}�' a,�� ��},3�''� v f i;. '#L+a�F Y1,1 �(, Fit•, '1'S
'Z
;.� 5•r a fYr
Dated of.......C1I; rt11C1Do_--f'8I I.I nrni
.7 .wlrY7 ST 1 0 7
j. Lalifania.this.... ........day of....HaV4 ..........1l6.l�. r r�•+r�e�f�+ :..':�y __ --.. "'r T #'�f.�ai��`3:� .�$��� _�)>�
)
s
f i T
°1013,�.`
,y:• *4# : +�'<" r"� s,� ,a�a
- s � a L a .; �,-.r�.n ",Mt�2v f rA#•`<+4 4.J "2 _
Cupertino•Monte Vista Courier i' c:
JIM
20314 Stevens Crook Blvd. �( s
Cupertino, Colifornie
-
F PROOF OF PUBLICATION s
e
rk
1
s ,
,
CITY OF CUPWINO
D*w Tcnft•Waxog •CCU•CILISOFAIA M14
oFFICB op: City Attorney
Sam J. Anderson TQlQ6NON/: !��•Q06
14457 Big Basin Way
Saratoga, California 900
Telephone: 867-4775
April 21, 1970
Mr. Philip W. Storm, City Manager
City of Cupertino
10300 Torre avenue
Cupertino, Calif4 ^nia
Re: Murdock v. City of Cupertino
Dear Phil:
;closed herewith io a copy of Memorandum
® Decision giving us the go-ahead for the Al.calde
Annexation.
yours very truly,
Sam J� Anderson
SSA:ah
Enc. 1
cc: dr. Lee Yarborough
City Engineer
AADR888ES
"A colds 6M"
22600 Alcld&
22632 Alcoldo
22650 Alc&Uo
June 15. 1970
The H. P. Sullivan
SecretAr, of State
11; 5-3:z .:apltol
F,ic i I J fornl E 955 1.4
'A.-
r1l 27, 1i7 we forwarded .o vou a certified copy
'0. 417, L i"1,a t(,,I A..k anneAation
of- r et7c%, to 7:-f- `Jr`; of 'u,v-.,!!.".
o,' ;l..o,. Cn i. .iLnt to U4-
Citv Clcr..,
M
STATI Of OMffPJe►—KXMWA7 RAWVWAnON AGOWY RONALD UAOAK Gw .
OVAtoillM OF Ou"vMM
DPASKM OF NMHWAYS
00[=W 1MM ANUM Lw RA W=O 94119 Jlme 16, 1 m
04-scl-0-sury
File 26
Vn. R. IVder
City Clerk
City of Cupertino
ID300 Torre Avenue
Cupertino, CA ;;014
Dear Mr. kder:
We have beer. ad ised by the Secre .ry of State that a formal record for the
arne_xation of ng-des cried, uninhabited territory by the City of
Brz__�•vale w'a: _'i:ed in his office:
Annexat;,. Res, Ord. No. Date Filed
r_l elde 69 - c 205.70 4-30-70
__ease forwari _ etch of the annexation to es, in quadruplicate, no that our
is Maps_ of the 0_- z..iay be revised.
please s_... us a cogl o, the City Ord:z=nce/City County :Resolution
ie-cribinC z.� ...-._ration, in quadruplicate.
i e-.' truly
A:^!; S. IU1t;_
=t et Ek1jin.ezr
«. C1JSTi-1;
County 34_neer
AR
,r�
r
June 23, 1970
Office of the Fire Yanhal
County of Santa Clara
14(: Pamline Street
San. Jose, California 95110
Gentlemen:
The annexation known as "Alcalde 69-6" was signed
by the Secretary of State on April 30, 1970, and became
part of the City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 452, including
legal description and map of the territory.
Very truly yours,
CITT OF CUPERTINO
We. E. Ryder
City Clerk
sp
encl.
June 23. 1970
?It. Al Carter, Postmaster
Cupertino Post Office
Cupertino, California 95014
Dear Mr. Carter:
The annexation known as "Alealde 69-6" was signed
by the Secretary of State on April 30, 1970, and became
part of the City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 452. including
legal description and map of the territory.
Very truly your@,
CITY OF CUPERTINO
We. E. Ryder
City Clerk
ap
encl.
t
Jnos 23, 1970
Office of the ACO Mao
County of Sawa Glees
70 Wpot Redding Striae
San Jose, Cslifornis 19110
attention: Mr. Ron P*Rtmr
Gentlemen:
The annwmtian tmw ce "Alcalds 69-6" was aigned by
the Secretary of Stets an April 30, 1970, and bacass pan
of the City of Cupe tyame on that date.
Enclosed is a copy of the Secretary of State certi-
ficate and a copy of Ordinance No. 452, including legal
description and sap of the territory.
Very truly yours,
CITY OF CQPFMINO
Um. E. '.'.vder
City Clerk
ep
ancle.
June 23, 1970
Mr. B.D. HMO
Assistant District tffgl ar
scats of California Dlvlsdmn of Bighvaya
go: M6, Rineon Aws
Ban Francisco, Califauds
Dear Mr. Eovde:
The znnematiaa ft== an "Alcoldo 69m6" was aigmed
by the Secretary of state an April 30, 1970, and bacae
part of the City of Capertim on that data.
Enclosed are four copies of Ordinance No. 432.
including legal description and map of the territory.
Very truly yours,
CITY OF CUPERT MO
Wm. E. Ryder
City Clerk
ap
ancla.
Jame 23, 1970
Office of the Recedes
County of Santa C18as
20 Vast esdding ditram
San Jose, California 99110
Gentleman:
The annaw c s koc= u "Al^.aide 69-6" was -!sued
by the Secretary of State on April 30. 1970, and becaw
pert of the City of Cupertino on that dace.
An affidavit of completion, Secretary of State
certificate, and a certified copy of Ordinance So. 452,
including legal description and sap of the territory,
are enclosed.
Very truly yours,
CITY 0y CLP8ATzm
He. E. Ryder
City Clerk
gm
Encl.
r
f
Jtmm 23. 1970
Office of the !az Collector
County of Banta Clara
70 Vast Baddins Street
San Jose, Callfornp.a 95110
Gentleman:
The annexation known as "Alealde 69-6" was signed by
the Secretary of State on April 30, 1970, and became part
of the City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 452, Including
legal description and mete of the territory.
Very truly yours,
CITY OF CLPERTINO
We. E. Ryder
City Clerk
ep
encl.
Jaoe 29, 1970
Registrar of Voters
County of Santa Clara
P.O. box 1147
San Jose, California 93108
Gentlemen:
.she annexatf.on known as "Alcalde 69-6" was signed by
the Secretary of State on April 30, 1970, mad became part
of t2.e City of Cupertino on that date.
Erclnsed is a copy of Ordinance No. 452, including
legal description and map of the territory.
Very truly yours,
CITY OY COPERTI80
Wm. E. Ryilar
City Clerk
ep
encl.
i
Crr=.ica:ions Depart
Saa_'a __ara County
21.: :arol Drive
San f,+se, California 9SI25
Gentle.-sew
'n%e annexation 'kmew as "Alealde 69-6" vas signed by
the Secretary of State on April 30, 1910, and became part
of 71ty of Curets at. that date.
cclesed is a copy of Orituance No. 02, including
feral description and r' of the terrlrory.
Very truly yours,
CITT OF CMRTYEU
Va. E. Ryder
City Clerk
eF
encl.
June 23, 1970
Mr. :'artir. a. Rohrke
Super-•ixr of Drafting Sersices
Valunt,ioc :iv.isfon
State board of Equalisation
P.O. !tor 17"
Sacramento. California 95808
Dear '!r. '.o;,rke
The annexation know as ''Alcalde 69-6" was signed by
the Secrecary of State on April 30, 1973, and became part
of the .::.y of Cupertino on that date.
+orZ;aoace '�.o. 452 (certified), three copies of the
so and two lists of streets and addresses are enclosed.
Very truly yours,
CITY OF CUPERTIRO
4'm. E. Ryder
City Clark
•P
aneL.
Juse 29, 1970
llMmicigal Comm
605 heat 91 coal" Seal
Smaywals. CollEmAs OWS7
Goat lemon
The aoeeaacion teas as "Alealde 69-6" was siSned by
the Ale .:4ft of State as April 20. 1970. and become part
of the City of Cupertino on that date.
Enclosed to a copy of Ordteanee IN. 452, including
legal desc C ptlon and msp of the territory.
Very truly youre,
CfTY OF CIIFEFTIM
Hn. V. Ryder
City Clerk
op
encl.
1
Jums 23. 1974
Pacific Goa & Blectric Cooped,
750 Neat Olive Avenue
Sunnyvale, Ca-Ifornis 94066
Attention: ?wry Bunch
Gentlemen:
The annexation known as "Alcalde 69-6" was signed
by the Secretary of State on %pril 30, 1970, and became
part of the City of Cupertino an that date.
Enclosed is a copy of Ordinance No. 452. including
legal description and map of the territory.
Very truly yours,
CITY OF CUPEXMIM
Nm. E. Ryder
CI.ty Clerk
ep
encl.
June 23, 1970
Pacific Cas 6 Blsctrlc Co•pmy
750 Vast Olive Asamms
gmmwvale, ralifon da lk0se
Attention: J.S. Pklppe
Gentlemen:
The annexation lmem sm "Alcalds 69-6" was signed by
the Secretary of State on April 50, 1970, and became part
of the City of Cupert9as cc that date.
Enclosed is a copy of Ordinance No. 452, including
legal description and map of the territory.
Vert/ truly yours,
CITY OF CUPEP.TI130
Wm. E. Ryder
City Clerk
ep
arcl.
Jwne 23, 1970
Planning Dapattaeu
Cowry of Santa CLa
,0 Vast Heading Sttsat
San Jose, California 95110
Attention: Mr. ytao3: ado
Gentleman:
,!is annematlxm kamn as "Alealde 69-6" was signed
by t;.e Secretary of State an April 30, 1970, and became
part of the City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 432, including
legal description and map of the territory.
Very truly yours,
CITY OF CL'PERTINO
km. E. P.yder
City Clerk
op
encl.
a ^
.7me 23. 1970
Central Fire District
County of Santa Clare
528 Tully Road
San Jose, California 95112
Gentleman:
The annexation known as "Alcalde 69-6" tray signed by
the Secretary of State on April 30, 1970, and became part
of the City of Cupertino or. that date.
Enclosed is a copy of Ordinance No. 452, including
legal description and map of the territory.
Very truly yonra,
CITY OF CUPERTINO
:lm. V. Ryder
City Clerk
ep
encl.
lime 23, 19y0
Los Altos Gamma ammpmy
101 That Strew
Los Altos, Califotsfa 94M
Gentlemen:
The anneaatiom as "Alcalde 69-6" was signed
by the Secretary of State on April 30, 1970. and became
part of the City of Cupertino on that date.
Enclosed is a copy of Ordinance Do. 452, including
legal description cad sap of the territory.
Very truly your@,
CITY OF CUPERTINO
Va. Z. Ryder
City Clark
9p
encl.
G�'
i
0101
r
June 23. 1970
Cupertino Fite Stat9w
20215 Stevens Crwk Bmid verd
Cupertino, CaUfarm1m 9901.4
Attention: Richard E. favisaa
Gentlemen:
The e�eaatiom taosn as "Alcalde 69-6" was signed
by the Secretary of Sate on April 30, 1970, and became
pert of the City of Cupertino on that date.
Enclosed is a a;vy of Ordinance No. 452, including
legr.l description and map of the territory.
Very truly yours,
CITY OF CLTEP,TINO
Wm. E. Ryder
City Clerk
op
ancl.
k
Jana 23. 1970
Boa Jose Water Undo
P.O. lox 229
Son Jose, Califotoie 95163
Attention: Art Thomas. Ensinw%r
Gentleman:
The annexation bmawn an "Alcalle 69-6" was sieved
by the Secretary of State on April 30, 1970, and became
part of the City of Cupertino on that data.
Enclosed is a copy of Ordinance No. 652, including
legal description and map of the territory.
Very truly yours,
CITY GT CUPERTINO
Wm. E. P.vder
City Clerk
ep
emcl.
Y
June 13. 1970
Local Lagialasioi Chairwn
Pacific Telayftas
Row 1007
111 Borth market Street
San Jose. California 95UO
Attention, Pat Corner
Cent lesion:
The annexation komm as "Alcalde 69-6" was signed by
Me Secretary of State on April 30. 1970, and became part
of the City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 452, including
legal description and map of the territory.
Very truly yours,
CTTY OF CUPFP.TINO
um. I. veer
City Clerk
ep
encl.
Jone 23, 19"
Admialatration Offices
Tremont Ohiea 1910 school District
389 Trseont Road
Sunnyvale, California 94087
Gentleaan:
The annexation known as "Alcalds 69-6" was signed by
the Secretary of State on April 30, 1570, and beeasr part
of the City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 452. including
legal description nod map of the territory.
Very truly yours,
CIV OF CUPERTINO
Wm. E.. 7yder
City Clerk
ep
encl.
1
i
June 24, 1970
Office of the Contronar
Count; of Santa Clara
70 Feet Fedding Street
San Jose, California 95110
Gentlecer.:
T!:e annexation known as "Alcalde 69-6" was signed
by the Secretary of State on Aoril 30, 1970, and became
part of t',e City of Cupertino on that date.
Enclosed is a copy of Ordinance No. 452, including
legal doscription and snap of the territory.
Very truly yours,
CITY OF a'YERTINO
Va. E. Ryder
City clad:
ap
encl.
mill
Jme 24, 1970
Sher'_;'_'__ ^erartment
Coca r, c Santa Clara
P.O. ic" =8
_;San ase. California 95103
Gent.:earn:
a:nexatfoo knovc as ':4lcsldr 65-E' •ac signed by
the ::e_:e'ary of State oe aril 30, 1�i", and became part
of tiA :v of Cupertino on that date.
:..csed is a copy of Ordinance No. iv^_, including
legs: 3escription and aap of the territory.
Very truly your*,
CM or CUPEWTM
Wm. E. Ryder
City Clerk
er
mcl.
:una 24, 1970
Pub_:: re-artment
Courr- _c,ca Clara
20 're;: Street
San :n_. _,:!fornia 95LU
Cent_s<_
_ .=_ration known as 'Alealde 0-V was signed by
the Cec-+_ — of State on krrtl. 30, 197,1_ part
of tom_ Cupertino as that date.
is a copy of Ordinance No. S3_. Including
leFa_ and amp of the territory.
tiers truly yours,
CI;T OF 01PERTIUO
�Om. 1. Ryder
Liter Clerk.
ep
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rk
l'
CITY OF C UPERTINO
DEPARIMM OF PUffiIC WORKS
Mom! dune 26, 1970
File: 89,056
�flp: Mrs. Gladys McHugh, Deputy Clerk
Fes: Lee. Yarborough, Director of Public Works
SGRUCT: ANh'SICATION - ALCALDE 69-6
FJr your inf=rmation and records, these are the following
-dresses inz_lved in the above annexation.
22600 Alcalde
22632 Alcalde
22650 Alcalde
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swe®ave N*— _
STATE'MOM-IN 52Ue4LIZATION �.,e a�
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lEr. Va. 3. R9der Anne 30, 19"
ertino City Clerk
Torre Aveme Your letter of
amertino, California 95014 aurae 23. 1970
Dear Mr. Ryder:
This is to acknowledge receipt of the statement(s),
filed as required by Section 54900, at seq., of the
Government Code by which certain territory designated
as Alcalde 69-6 was annexed to the City of Cupertino on
April 30, 1970, by Ordinance No. 452:
x Legal descriptions) of boundaries
�— rtap(s) showing boundaries
Resolution(s) No.
z Ordinance(s) No. 452
Other - address lists.
The 1971 Board roll will reflect the action evidenced
by the above statement(s) unless i.; is found to be inade-
quate. If it is found to be inadequate or ito validity
for assessment or taxation purposes is questioned, we will
bring such a situation to your attention.
A copy of this acknowledgment has been sent to the
'*partment of Business Taxes. If they need additional in-
formation for local sales and use tax puz-poses they will
notify you.
�Ve�rulyyour"S'eo L.cc-Mr. Dwight L. Mathiesen VALUATION RHdON
Santa Clara County Assessor
cc--Local Tax Unit - Room 423