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Cordova 68-5 Annexation
Cordova 68-5 Annexations l of 2 a At z; CORDOVA 68-5 y6 LAFCO PETITION CITY COUNCIL FINAL PRMST FItTAL PR^PONENTS NAME & ASSESSED ASSESSED SIdNATURE PETITION SIONATURE SIGNATURE S.LtMATURE PAR:EL ADDr;ESS VALUE VALUE % DATE DATE % DATE % DATE Manuel, Daniels 2,8o0.00 3.3 0 0 0 0 3.3 1/2/64 0 0 lCt45 Cordova Rd. T_ Mr.& Mrs. Henry & Alice 5,420.00 6.`: 0 0 0 0 6.5 1/2/69 0 0 Willey 22801 San Juan Rd. ' t 3- , Ramon & Apnes Nunez 9,020.00 10.8 0 0 0 0 10.8 1/2/69 o G 22767 Sari Juan Rd. 31 Dwight Alkens 1,800.00 2.2 0 0 0 0 0 r• 0 0 32 Leo & Joan Skinner 10,290.00 12.4 0 0 0 0 12.4 1/2/69 0 0 Harold & Jun Provence > s 22750 3ercedes Road 10,00 .00 12.00 12.00 Z/27f68 12.00 lo/lo/68 0 0 12.00 l0/10/66 ^. 2,200.00 2.6 4.t 7/27/68 2.6 10/10/68 o U 2.6 l0/l11 ku 14,520.00 17.4 17.4 7/27/68 17.4 lo/lo/68 0 0 17.4 lo/l0/68 .: ' 42 1,000.00 1.2 1.2 7/27/68 1.2 10/10/68 0 0 1.2 lo/lo/68 ` 43 1,000.00 1.2 1.2 7/27/68 1.2 lo/10/68 0 0 1.2 10/10/68 39 Marianist Provence of 1,460.00 1.6 1.6 8/8/68 1.6 lo/8/68 1.6 1/2%69 0 0 > & the Pacific 4o 22825 San Juan Rd. 23,820.00 28.6 28.6 8/8/68 28.6 lo/8/68 0 0 0 0 n 83,270.00 100 % 64.7 64.7 % 11.4 % 64.7 % 2 Sent to LAFCO 8/27/68 LAFCO approval on 1o/i/68 4 Cupertino Resolution No. 1703 adopted 10/21/68; 4c cv�r.Nct Ive•�}�q RooPrrc /6�69 Secreatry of state seal on 2/6/69 4/3/69 Y 4 C PROOF OF PUBLICATION I This apace is for the county clack's Filing stamp (Irlgd C.C.P.) STATE OF CALIFORNIA, pais . county of Santa Clara r, r wt am o citizen of the United slates and.raeideot of the County aforesaid; I am over the age of eightaao Yeah, f � IT and not a party to or Interested In the above entitled a �� matter. I am the Principal clerk of the Printer of the •.. . CUPE14711410-MONTA VISTA COURIER - 20314 Stevens Creek Blvd., Cuperdw, California. a newspaper of general circulation,printed and publIEW weekly in the city of Cupertino, California, a.ouofy of - '> , �+ ' `• ri - Santa Clara, and wbtch newspaper has been adjudged A newspaper of general circulation by the Superior Court of th0 County of Santa Clara,State of Casforda:that the notice,of which the annexed is a printed copy(get In type a not smaller than nonpareil),has bun published in each , Jr. e I regular and entire loos of said newspaper and rant In any supplement!hereof on the following dates, to wit: : ;�,. � � 1 ew s � � � • .< z; ,� �• t „ 9 commencing as the....ilQ..a.)1a.t:...;.,1.._...1 L I........... 1 ` a and eliding an the......................... - ,� •� _ ! A Ali in the Year lgg..5., 4 - b r• . s• _ TTTttt , �.r IL I certify (or declare) under penalty of perjury that f'' r flan R` y �: � 8 $ �• tie foregoing is true and correct. , Dated at Cu r i;s n u, L r ,: , i„� z. ,1 w rt�n 0 a California,tbla.....(.........day at................ ........:r.........its...: (• •` : / r o � (Signature) Cupertino•Monte Vista Caur isr c +( #• ld �� P ' a 20314 Stevens Creak Blvd. � ' �" � ti1<B .. Q Cupertino, California 41 1e4 �� �.�. RA PROOF OF PU. r t ! _ S r•.' t<; i .. a: �I tr � y J 3 .._ M V:.*'YJ Y (( '�i t ` Y -"`I '�'�"�% v •-1 !r - ii tb^. „aa,,.1.� +xa< �� 1?t, � 1._.- ,.+. � rYt `��- r L. "�.+ail1 ,. � �"`a a 7�if' in ,{.�'•Y'^Stt�� .$"s'�'�:.. ,y,: !r� - � .35 n �._ � t 3.,� � d} •'r�^�'� r"�gS�, se>•xb rr��r�.�'x}1-rt3t4 V,. - '1 h F `AI � �4��i v.a-� S j:-t:• ��^-c+.,.rm�'vS.�h"�kc 'J.grn"+",p, . ifps i { i l) i YitR t, a• y { 73�f A°. ij A. tt# �-� �s z r JV, 9c i,6�,e 'may r-0; '`"- MB r• '" n L)14 f- ti ri kJdj N -+''!, ; wX L,d,r 1'}� i.� �, .F�q✓' y ts+-`x'tje.� i'� 4 -F E t.c5`* ,� ^.- +f's'rnr iq ° eyTr. - ti: �, t p.7". ^r'�k�L_ r 1g� E:. n t ds , : - ••"It# t &,i {•� Z Ai�. � �d- tte i'l+�'i t}�:t. I , rrf z'r'�" ° to.� ,�6 � i-. 'I a s r„ �a -x. �� � y � _�1. � 4 .�, _ .� � ;��r,� _� � t.. �#', w,' � .'t *� ! � a_ i �l"� �;� . ; ,;:�, �, �'�. �� �— / / / I —- �- ti' k. � , .S"1. ...i ,< �. _r' il �'�< •,. I. 20. List name and address of ov icers or persons, not to exo.:ad three in number, who are to r Icopies of the Executive Offici:'s !teport and mailed Notice of Rearing (in addition to C2erk�AclmirRietrat.or of annexing city and each special district fron which territory is proposed to be excluded)r NADM ,ADDRESS City Engineer 10300. Torre Avenue Cupertino City Clerk 20300 Torre Avenue Cupertino 21. Proponent of Annexation: (signature of Proponent) (Address) (DatZ-) (2) (Signature of Duly Author (Address) (Date) ized Agent of Proponent) If application is filed by duly authorized agent of proponent, agent signs on Line 2 and name of proponent is typed on Line 1. If proponent is a City Council, attach certified copy of Resolution or Order authorizing this application to be filed. i STAPLE ONE LEGAL D'3SCRIPTI0N AND ONE MAP TO EACH APPLICATION. MAP SHOULD BE ACCORDION FOLDED TO 8tf" x 11" SIZE. If hearing is required, i.e. if there is not 100% landowner consent, Notice of hearing will be mailed to applicant, each person or agency listed in Itees 17, 19, 20, and 21, and any interested party or local agency who files a written request with the Executive Officer. s ' Date� &4-& Fromoffice,6ek�, Santa Clara e'br f,( BOARD OF SUPtil 156B,FNEO '<g Mrs. Jean Pultcn, (f it rk� t j 70 West neddir,,;Street Son Jose, Califon't gr',95110 ` 29'9-2323 r� \� For your information and files For your attention In Accordance with your request MESSAGE: �cC�.r1.a"e QAxi >n u�<""Z"a-• t . 1 A z L V m J, 'CC Ea Oomsnrl EO/ Counsel/ Cup —r .•L [ �-��l.7.•rat. . - .�-[. c (1..�. C �i_. .--1.1•L�r"--/��C..<I C._ ._a...5_ �' r/ . —ru_�.t,..<' .. J�r'...ir- Q_�i.<_--;. -•-. .:"t � r'L..arl. C-� 'f__-L-./i.,�'. C'.�"c ice, -� �r... _y �. .-i'c'�- _. .. !�_'-cyC .-,. <. -� li�r_.�7� �•--J '� --1•r-z-r_.,i .� r f, L r .y lr I � c J •- l FOR LAFC USE SANTA CLARA COUNT LOCAL AGENCY 1•'ORMATION COMMISSION 70 Wa5l ttedding St.. Roc- 524 d San Jose, California 95110 Phone: 299-2323 J►$PLICATION TO ANNEX TERRITORY TO THE CITY . a i Cupertino designated as Cordova 68-5 fY�a STATUTORY PROVISIONS2 Uninhabited ;r r Annexation Act of 1939 as amended Hearing Date tr 2. LOCATION OF PROPOSAL: West side Notice of Hearing Mailed of Cordova _ wt/btw (street or road) Executive Officer's Report Mercedes and San Juan Mailed Hearing Held 3. REQUIRED DOCUMENTS: ( ) 12 copies of this APPLICATION. original and one copy signed by proponent or duly authorized agent. Decision Adopted Sec Item 20. on ( ) 12 copies of a legal description of the•boundaries of the territory pro- Res. No. posed to be annexed. ( ) 12 copies of a map of said territory. Other Action The maps & legal descriptions must comply with standards adopted by the Director of Public WorKs and available at Room 133, 20 W. Hceiding Street, San Jose, California. 4. Do the boundaries of the territory proposed to be annexed conform-to lines of assessment. Sec. of State Yes _If No, Justify: Notice Received_ (Yes or No) sees $. Do the boundaries of the territory proposed A annexed areste a eorrldor or strip of unincorporated territory? No es or o Ir Yea, atste dimensions of corridor or strip and ,justify: 6. Do the boundaries of the territory proposed to be annexed create as luland or unincorporated territory? No !! Yes, answer the Pollatnings oa or WSP (a) CharaoteristUe or islands Acme Reaident Population Assessed Value M Land use and coning in island (indicate greenbelt coning it applicable)s and surrounding territory: jc Ii (a) Describe present and proposed sewer and water services in island: j (d) If a waiver under Govt. Code Section 54794(g) is requested, t explain why the prohibition against an island would.be detri- mental to the orderly development of the community and ;shy the j enclosed area cannot reasonably be annexed to another city or iincorporated as a new city (use attachment if necessary): T. If the proposed boundary follows a street or.highway, does it follow the center line of the street or highway? Yea es or NOI If No, Juatifys -2 0, To the host of _r*nant'.; and city's kno-el-0-0, state thc• extent of Greenbelt Zoni-g in the c:nncxation and rrcu;zding territory: None 9. State the municipal-type services to be furnished the proposed annexation that are not now provided: Donestic Water 10. Will the annexed area be sewered? Yes 11. Will the development of the annexed area be permitted without community sewerage discharging into an existing sewer system and disposal plant? No 12. What municipal-type services is the city not now prepared to furnish? Nz:ne 13. What is the przscnt and proposed land use in the proposed annexation? Present: Residential and. Agricultural Proms-sed: ReEliential 14. What is the c reason for proposr.l? Tc satisfy owner's request 15. Has t::e pronos annexation cr substanti <i} the same territory been denied annexat_on by the Coc-ission within: tho preceding year? No (Yes or 1,o) 16. It is desired the proposed anne-.aticn provide for and be rpde subjoc_, to the following terms and conditions: 1` 17. List all Citie_, Special Districts and County Service seas located the prc. sed annexation (exclude school districts, Santa Clara County Flood Cc-_rol & Water District, and the San Francisco Bay Area Air Poll-_tion Cortrc'_ District, County Library and Water Importation): CuR2rtino Sanita^_r District Santa Clara County Fire Protection Dist. LAFC-1 Rev X0/67 P e 3 of 5 IS. . L&st those Sr.-�-.a istricta which city props to detach from Cezritory pr.:;osed"to be annexed. None 19. 8 WNEr.S (OWNER -OF LAND means "Any person shown as tLe owner of And on the last Equalized Assessment Roll'; where such person is no longer the owner, Then any person entitle:] to be shown as owner of land on the next Assess.-rent Roll; where land is subject to a recorded written agreema= of sale, any person shown therein as purchasers and any public ayancy owning. land." G.C. 54797.1) A,. 100% CCC:S_.,: If all of the ovners of land within the proposed annexat_o: canseni: to this proposal, each should show his consent by siy -a-me, address and date. Parcel number and certification by City c___:< must be added prior to filing. Hearing not required. S. NOT ti;_:SEST: If all owners ofland within the proposer] annex- ationyc_ consent, their names, a. drosses and parcel numbers -home ::_ __>ted; signatures and detcs are not required. _ass PARC,-M 3 - 1) ?.T)D;,;'35 DAT; NUtdB,?R Hoary Wille;p 22801 San Juan Road, Cup. 7/27 10 Ma-nuel Danie=s 10645 Cordova Road, Cup. 7/27 8 Fa=n Nunez �Ll(oy 3an tuan Ruau, L'up. Dirignt Aiken_ -2-30 Voltaire, Carson Cit , Nevada 7/27 31 Leo Skinner 22763 San Juan Road, Cup. 7/27 32 (i insuffic_-.: space above, continue list on separate sheet and attach.) C=sXTIFICATS __Y CLERK (?ecui.red for 1001.b Consent Annexations) I CERTIFY = .rave checked ?:e nuroLer of owners of property located within the a__ration proposed by this application and that the s:::a pros above represeat all of the owners of property proposed for =-.-.zxation. DOZE: City Clerk, City of 7JUM-1 Rev 10/67 Page 4 of 5 Lest name and addr�p of officers Or pexsons, t to c:ccecd three in number,.who arc to�+coivc copies of the ExcAve Officer-:; Itoport mailed aaticc of Hearing (in addition to Clerk/Admi.nistrator of nixing city and each s:,eeial district from which territory is proposed u{ to be excluded): �; IiAiv6 ADDRESS Ca"_Engineer 1q3� Torre Avenue Cupertino • Cl,$W Clerk 10300 Torre Avenue Cupertino W� $1. pw�+onepp o :"afti.o'not i L/(Sftureponent) (Address) (Date) (2) (Signature of Duly Author- (Address) (Date) ized Agent of Proponent) If application is filed by duly authorized agCnt of proponent, agent signs•on wine 2 and name of proponent is typed on Line 1. If proponent is a City Council, attach certified copy of Resolution or Order authorizing this application to be filed. Si : Z,3 ONE L'cGAL DESCRIPTION AND ONE MAP TO EACH APPLICATIMN. MAP SHOULD BE ACCORDION FOLDEL TO BY' x li" SIZE. if fearing is required, i.e; if there is not 1001% landowner consent, Notice of Hearing will be mailed to applicant, each person or agency listed in Items 17, 19, 20, and 21, and any interested party or local agency who files a'written request with the Executive Officer. LAFC-1 Rev 10/67 84ige 5 of 5 20 List name and addr of offlcerf or persons, t to exceed three in number,.who arc to ceivc copies�of the Exec49ve Officer's Report and mailed Notice of,Hearing (in addition to Clerk/Administrator of annesiing city and each special district from which territory is proposed s to be excluded)[ o, WANE ADDRESS ' xQjW Engineer 10300 Torre Avenue Cupertino ;¢ ► Clerk 10300 Torre Avenue, Cupertino f o exation: _VJr_&15.PF_S h,oe►D ' —Z 31 69 ` (Signature of Proponent) (Address) (Da e) (a) (Signature of Duly Author- (Address) (Date) iced Agent of Proponent) If application is filed by duly authorized agent of proponent, agent signs'on Line 2 and name of proponent is typed on Line 1. If proponent is a City Council, attach certified copy of Resolution or Order authorising this application to be filed. S_'�.?LE ONE LEGAL DESCRIPTION AND ONE MAP TO EACH APPLICATION. MAP SHOULD BE ACCORDION FOLDED TO 611" x W' SIZE. t CITY OF CUPERTINO COUNTY OF SANTA CLARA STATE OF CALIFORNIA I, Wm. E. Ryde-: , City Clerk of the City of Cupertino and ex officio clerk of the legislative body of said City do hereby certify that the attached document is a true and correct copy of the original, which is on file in the office of the. City Clerk, 10300 Torre Avenue, Cupertino, California. IN WITNESS HEREOF I have hereunto set my hand anti City Seal this 2nd day of April 1969. August 29, 1963 File: n9,029 39,047 Seta Clara County BoII of Supervisors 7- west H,dding Street 3&n Jose, California 9511. AT--W: Helen B3benhausen D—e--'r Yrs. Bobenhausen: �nclo.:cd are the li::tc c: names for Orange 63 - 4 and The:3e are to be :Cnc: c. _r: Article 19 of' Annexation Very truly yours, Bert. Viapvich en:_. NOTICE OF PUBLIC HEARING Before the Santa Clara County Local Agency Formation Commission v • NOTICE IS HEREBY GIVEN that on October 1 , g9 6S at 2:00 P_H_ , or as soon thereafter as the awttea can be beard, in the Chambers of the Board o:: Svparvisors, lusty Administration building, 70 West Hedding Street, San Jose, 4MU Coma, the Santa Clara County Local Agency Formaftaa C mmIzelon will hold a public hearing to cons'_der ;t proposed amaesation of territory to the City of Cupertino A copy of the Notice of. IvZmtion to Annex territcry, together with a property descrip- ti.an and map, is on f.'le jr. the office of the Commission, Room. 524, County Administration Building, 70 West Hedding Street, San Jose, Caliornia. The annexation proposal has been designated as: CORQfQr 7;. 68-5 The territory proposed tr, be annexed is generally located as follows: west Bide Of cordrnra (north,south,east,west) (street or road) between Mercedes and San Juan. 13.04 acres ALL INTERESTED PERSONS may appear and be heard at said time and place. Written communications should he filed prior to the Sate of hearing. LOCAL AGENCY FORMATI N COMMISSION Exzcutive officer `^ Vlerse refer to 7fll le 30umber: CAA - CORDOVA �04-5 - 1.0-1-69 SAMUt G" C0UNTY ®1l AGENCT FREMT10N COMHISSIO* t jF 11K EXECUTIVE OFFICER / ' N6. 7 __&_&WiEXATION TO CITY OF CRISIS= Ili 10-1-68 RkTACHNENT FNOM District 4migusted as CORDOVA 68-5 1. EW#liw OF PROPOSAL: f(4 Characteristics of Area: 13.04 acres I residential use. ij'0) Ccowunity Services: Served by Cupertino Sanitary :District and Central Fire District; I to be detached from Covaty Lighting Serviqe Area. (e) Effect of Freposed Action: Provides City services at. request of proponents. (4 S=ndarIes: Definite and Certain. _indefinite and Uncertain: Confom to Lines of Assessment/Ownership. ,Do Not Conform to links of Assessment: between Madera Road and Mercedes Avenue. Folla" Centerline of Street. X_Do Not Follow Centerline of Street: City requested by County P/W to take in all of certain ro:.ds and has agreed. g Do Not Create Island, Corridor, or Strip. Create Island, Corrldo or Strip: 2. StIG&ESTED CONDiTIGNS, OTHER COff1WTS: Add E1 Camino iiospit.al District zo Question 17. 3. STS: /_/ ft Written Protests Received. LETTERS ATTACKED. 4. DICO MENDATIO14: This appears to be a proper annexation within the normal growth pattern of the. City of Cupertino. City should justify assessment line split. SQAIsiYTFO: Howard V. Campen, Exewtire Officer, by: ,�% ._• :.'�.-�✓ '_ . Date: 9-20=66 Attactmea*s, if eny: Dist+ribnaion: LAFC, Applicant, Affected A3encles, Parties In #/n of Application. Vilsilnsitiem: Original,permanent LAFC File. Other copies, destroy after-hearing. :I �9-2 12/65 CC: Cup City Clerk, 10300 Torre Ave, Cup/ H Provence, 22750 Miezvedes Rd, Cup/ Clip SD/ CWD/ CLSA - °.. f . City Annex Not 100% - Publish RESOLUTION LIO. 68-292 RELATING TO THE PROPOSED CORDO A 68-5 ANNEXATION TO THE rjTY OF rjypRRTTNn I EREAS the Santa Clara County Local Agency Formation Commission finis annexation proposal known as CORDQVA 68-5 _ to lei y of Cupertino is in the public interest and, WHEREAS the Executive Offier of the Commission has determined that the boundaries as described in E;^ibit A attached are defi.lite and certain, BE IT RESOLVED by the Santa Clara County Local Agency Formation Commission that it does hereby _-_ approve the aforesaid proposal. Further proceedings in connection with this a_•inexation may be continued only in compliance with the approved bcPandaries described in Exhibit A. PASSED AND ADOPTED by the Santa Clara County Local Agency Formation Commission this _ Ortobpr 1, 1968 by the fo_l�--.ing vote: AYES: Commissioners: Corenman DellaMaggiore Dullea Sanchez Weisgerber NOES: Commnissioners: None ABSP':T: Commissioners: None i -Chairman, Local Agency Formation Commission ATTES%: Helen Bobenhausen Deprity Clerg of the Board of Supervisors EXHIBIT A ATTACHED CC: City S w _ r FE1'ITZON The uiersigned property owner(s) hereby make(a) application to the City of Cupertino Tor annexation to said City of the here- . r lmafter described territory in accordance with the Annexation of VaInhabitee- Territory, Act of 1939 of the State of California. I Said territory Is.uninhabited territory, and is situate in 1 the Conty of Santa Clara, State of California. r' The unders'.gncd 1.retitioner(0) 16(are) the owner(o) of not !eEs than one-fourth of the land in the territory,proposed, to be I aanezed to the 9 ty of Cupertino, by area, and by asuessed value as shorin on t.),E%'-as', equal.i7ecd assessnc�nt roll of the County Santa i C'.lara in rrhi,-h the terri.to_t-y to situated. Said territory is bounded and more fully des r_Led as t'0111ows: (T-%-,•31 dc•oor'ption, Flat, a11,9 Local Ai;vncy -ormatlon Coreniaslorr'a Report atta hcd) — -an i- (Irulicate str,.Ct & 110117e AT33ESSAD -. Al;i;- -.—_No.—or 't. _,-d -oOx U? 'RlT': _ VALUATI011 — �059L1 I iicE/7rS /Qn4.0 aDF�� Ya- �9 FEMION ,a 391e undersigned pi+ogorty owner(B) hereby make(®) application � - the City of Cupertino fcr annexation to said City of the here- '4lneft:!r described territory In accordance with the Annexation of 6hinhabited Territory Act of 1939 )f the State of California. Said territory is un4_ahab1ted territory, and Is situa-.� In the County of Santa Clara, State of California. The undersigned petiticner(u) is(are) tae o7tner(s) of not less than nne-rourth of ,..,_ land. 1n the territory proposed to be annexed to t7:e City or Cupertino, by area, and by asaea?sed value as shown ot1 '!': asi: equa'_z-_ . az9e,r..R"ri- _.>'] t!t ^_u7"t;! j rt3 t-rr __ 'a s±turt del N:'orL ,aCt.i ryf.�4 -and- (In.jicate ztrec; OWh%R A F , No. c r Ft -and - '' :W, T'ISN 3 at, ntv of santra COM p son"AMUDIM fORWAVWX CO1a1Ya 1 a shod=a wms,wrss"A40 �snaA,ws ao tans■.sr,....wcer �sr w,AIR cittaFafto"piu aH-sans /f October 11, 1968 t City Clerk of Cupertino 10300 Torre Avenue Cupertino, California 95014 Subject: Cordova 68-5 Dear Sir: Please attach the eau losed corrected Exhibit "A" and map to your copy of Formation Commission Resolution No. 6a-292. Said annexation to the City of Cupertino was a:-:owed by the Local Agency Formation Commission on Oc:o�>er 1, 1968. Very truly yours, c � Helen Bobenhausen, Secretary hb Encl. r.. N RESOLUTION NO. 1703 ® 13MMUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO GIVING NOTICE OF THE PROPOSED A==TION OF CERTAIN UNINHABITED TERRITORY TO SAID CITY, DESCRIBING SAID TERRITORY AND DESIGNATING IT BY THE NAME OF "CORDOVA 68-5", r;ARING CERTAIN FINDINGS RESPECTING SAID PROPOSAL, AND GIVING NOTICE OF TIME AND PLACE SAID COUNCIL WILL HEAR PROTESTS 729]SPO. LOCATED ON THE HEST SIDE OF CORDOVA ROAD BETWEEN MERCEDES ROAD AND SAN JUAN BUD (FORMERLY ELENA ROAD), APPROXIMATELY 13.46 ACRES. WHEREAS, on the loth day of October 1968 there was filed with this Council a petition requesting the annexation to the City of Cupertino all of the territory hereinafter described; and WHEREAS, this Council has received evidence showing that, and finds a written description of the proposal to annex said territory to the City of Cupertino was filed with the Local Agency Formation Commission of Santa Clara County and with, the Secretary of the said Commission of Santa Clara County, California, and that said Commission has prepared, or caused to be prepared, a report to the proponents of said annexation upon said annexation proposal, all as required by law, and that said Local Agency Formation Commission has approved the boundaries of said proposed annexation; and this Council has received evidence showing, and finds that the above mentioned petition was not circulated, signed or filed with the Council until after said Co=fission had made, or caused to be made, said report and had approved sail boundaries and until after said Local Agency Formation Commission had approved said annexation proposal; and ® WHEREAS, clis Council has received evidence showing, further finds: 1. That the said territory is situate immediately adjacent to and touches and is contiguous to the boundaries of the City of Cupertino; and 2. That less than twelve registered voters resided within said territory at the time the above mentioned petition was filed with Council, and that said territory is therefore uninhabited; and 3. That said petition is signet by owners of not less than one-fourth of the land in said territory by area and by assessed value as shown on the last equalized assessment roll of the County of Santa Clara, California, in which said County such territory is situated. NOW, THEREFORE: 1. NOTICE. HEREBY IS GIVEN that, pursuant to the provisions of. the Annexation of Uninhabited Territory Act of 1939, a petition signed by owners of not less than cc*-fourth of the land in the hereinafter described territory by area and by assessed value as shown on the last equalized assessment roll of the County of Santa Clara, California, requesting annexation of the hereinafter described terri- tory to said City of Cupertino as Uninhabited Territory pursuant to the provisions of the Annexation of Uninhabited Territory Act of 1939 of the State of California, was filed with the Council of the City of Cupertino on October 10, 1968. ® -1- e, 2. NOTICE IS HEREBY GrM that December 2, 1968, at the hour of 8:00 P.N.. of said day, in the Council Chambers of the City Hall, 10300 Torre Avenue, Cupertino, CaWornia, is the time and place this Council of the City of Cupertino will hear protests made by any person owning real property within the territory, hereinafter designated and described, proposed to be annexed to the City of Cupertino. At any time before the hour set for hearing objections any owner of property within the territory proposed to be annexed to the City of Cupertino may file written protest against the annexation. Said written protest shall state the name of the owner of the property affected and the description and area of the said property in general terms. At the time set for hearing protests, or to which the hearing may be con- tinued, said Louncil shall hear and pass upon all protests so made. 3. The territory proposed to be annexed tc the City of Cupertino is hereby described as all that territory situate in the County of Santa Clara, State of California, lyiug on the west side of Cordova Road between Mercedes Road and Srn Juan Road (formerly Elena Road), containing approximately 13.46 acres, bounded and more fully described in attached Exhibits "A" and "B". PASSED A:%'D ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 21st day of October , 1968,, by the following vote: AYES: Councilmen: Beaven, Dempster, Fitzgerald, Stokes, Noel NOES: Councilmen: None ABSENT: Councilmen: None ® APPROVED: /s/ Clyde L. Noel ATTEST: Mayor, City of Cupertino /s/ Wm. E. Ryder City Clerk -2- AR EXHIBIT "A" Rea. No. 1703 All that certain property situate in the County of Santa Clara, State of CalSfornia, and more particularly described as follows: Beginning at the common intersection of the centerlines of Cordova Road, San Jbma and Elena Road (Elena Road now called San Juan Road), as said point of inter- secom is shown upon that certain map entitled "Map of Inspiration Heights, Monte filed in the Office of the County Recorder of the County of Santa Clara, State of t2alifornia, on April 11, 1917, in Volume P of Maps, Page 13; thence So: 30' 06' W. 22.33 Peet more or less to the southerly boundary of San Juan Road; thence along the said southerly boundary of San Juan Road, formerly Elena Road, No. 32' 29' West 117.38 Fit; thence No. 13' 09' E. 131.70 Peet; thence No. 10' 41' W. 97.10 Feet; thence No. 55" 03' W. 183.30 Feet; thence So. 81' 51' W. 83.00 Feet; thence So. 42' 51' W. 96.00 Feet; thence So. 63' 26' W. 28.70 Feet more or less to the southeasterly corner of rtat portion of Elena Road, having been abandoned by action of the Board of Super- visors of the County of Santa Clara on February 28, 1967; the said corner also being the northeasterly corner of Section 295, as said corner is shown upon that certain map moiled "Map of Inspiration Heights, Monts Vista", filed in the Office of the County Recorder of the. County of Santa Clara, State of California, on April 11, 1917, in Vol- ume P of Maps, Page 14; thence No. 26' 34' W. 20 Fee: more or less to the ?oint of Intersection with the centerline of the aforementioned abandonment of Elena Road; thence along the former centerline of Elena Road So. 63 26' W. 232.50 Feet; thence So. 87' 08' W. 68.96 Feet: thence No. 80' 43' W. 61.84 Feet; thence No. 29' 12' W, 73.05 Feet; thence No. 78' 11' W. 99.95 Feet to the terminus of said Elena Road as shown on the aforesaid map; thence along the easterly prolongation of the southerly boundary and • along the said southerly boundary of Sections 408 and 409 of said subdivision entitled ^Inspiration Heights, Monts Vista", said sections being shown on said map recorded in the office of said Recorder in Volume P of Maps at Page 15; No. 83' 40' W. 204.34 Feet more or less to the southwesterly corner of Section 409; thence along the westerly boundary of Section 409 and 414 of said subdivision and along the northerly prolongation of said westerly line No. 3' 30' W. 199.53 Feet to the point of intersection of said northerly prolongation with the southerly line of Madera Road as shown upon the afore- said map recorded in Volume P, Page 15; thence along the southerly boundary of Madera Road So. 77' 00' W. 159.20 Feet to the intersectiun with the easterly line of Section 412 as shown upon the aforesaid map recorded in Volume P, Page 15; thence along the northerly prolongation of said easterly line No. 3' 10' W. 34.54 Feet more or less to the intersection of said easterly line with the easterly line of lands previously annexed to the City of Cupertino in the annexation entitled "Mercedes 64-5", said point of intersection being also the northeasterly corner of Section 412: thence 88' 00' E. 20.02 Feet to the point of intersection with the centerline of Madera Road; thence along the centerline of Madera Road No. 3' 10' W. 46.13 Feet; thence No. 53' 54' E. 68.00 Feet; thence No. 49' 30' E. 114.75 Feet; thence No. 9' 45' E. 95.25 Feet; thence No. 1" 31' W. 130 Peet more or less to the intersection of said centerline of Madera Road with the centerline of Mercedes Road, said point of intersection being shown on the above refer- map recorded in Volume P, Page 15, said point also lying or the above referenced easterly line of the annexation, "Mercedes 64-5"; thence along th4 centerline of Mercedes Road, said centerline also being the easterly line of the annexation, "Mercedes 64-5" So. 89' 48' E. 117.62 Feet; thence leaving said centerline of Mercedes Road along the easterly boundary of the lands conveyed to the City of Cupertino by Permanente Cement r EIISIRTY ^A" (cont'd) Res. No. 1703 F Compawy. So. 34" 47'E. 31.20 Feet; tLm nee So. 8' 33' E. 216.21 Feet; thence So. Gr 36' E. 190.00 Feet; thence So. 86° 02' E. 100.78 Feet; thence So. 35' 00' E. 20 Fleet,tore or less to the intersection of said easterly line with the centerline of Merccdles Road; thence along said centerline of Mercedes Road No. 55° 00' E. 84.03 Feet; tibutne® No. 62' 09' E. 77.13 Feet; thence No. 38° 51' E. 149.29 Feet; thence No. 69° W E. 114.50 Feet; thence No. 74' 05a E. 131.00 Feet; thence So. 83' 23' E. 250 Feet more or less to the intersection of said centerline of Mercedes Road vith the centerline of Cordova Road as said point of intersection is shown upon said map recorAtd In Volume P, Page 13; thence along the centerline of Cordova Road So. 12' 35' E_ 120.00 Feet; thence So. 37' 29' E. 142.00 Feet; thence So. 9` 49' E. 125.50 Peet; thence So. 27° 23' W. 123.00 Feet; thence So. 39' 13' W. 72.90 Feet; thence So. 30' 43' W. 77.10 Feet; thence So. 30' 06' W. 224.20 Feet more or less to the point of hog5nnIng. Containing approximately 13.46 acres. • -2- a AW ao � I y r A. {)n1 h}� � '� �'t,_�c •� --e3 Err R � i J ��tra�2 TaL X�n �.• - _._ � .,.:. 7�g' L v�FrO R8 P9=��ira�w—.-mot t b 2 •'�mi Tle�� qdf ti�.ld•,;.+ a lCh.�K'N��r bd•I�De. f' d� �lV4 n �li,`Ilahi i°B.'Mieo. 1 CTl ,r }�"�« t' 1� � 1 AD � Ali }Lry• �r.uEEo�rnu�I I i L 1i�• ` ht.1 � 1 I�1'F I I ur, ''tl'r !� d+,+�'���n r_ rAll,1I t ti ail Ir11.4r'IL =t Lit+L . „} As �{ ! r �,- _ ♦ b� Po C:. � B aqq Big ^ e•}tpe e o��a• •Fe�+r3,f'• - '`'� eta. l 1 Ll :t - �•o,.x-far 4 / ,,�`G'JI i b ' _ a awl �+,,Mi lG.' V�'.�'O .011 et• rli7T'. q„''^I SEA''t e 4 •4"A .vc or f' °•r r„ rY �. ,.,�. >w„� a• .uY� �� �•L�,13 � ° r ;i s ��� � `� ~ :�� >J`'ram:. (, vec:�`4o re .�n-• a ert '.. CJ�' ^.B Z B $ p � � r G$ ¢ �'rr•.n ./ ��L io.c.; �,.`, .%'. ., e.a•,7 ra ,R tL `�•E� °AoxaicE 8_byrt.1{ Y'� .'�.L�. �8 {.�' LWnr r t8- _ �artllh kd a AYE ar °L°r nuoa.PRO I act ',r( �! ^ aa■I%{{L{e i ale fie ' t;IOLU(j gQ}pp uLettw j 1 n i I ? # �, ��� ♦ 7L ¢ �. C -9� r II OOS pp� T, '"T' 4• .•`' 10 1 g3 svfo., Qa Ynnmep. B1t 3 �' ; 1a![. �r �' •• 1 LI L i��- .ti .-�1� �..�'�y�Y• 4� ,�� • '�+� �� �MA.XY '.CA \ 1 I��' �B�� "dLoa q a x & iraanity x B �� R�'� .wF. IIs •`� ) 9 v°an"°"'� - ;eSti�' K10• \ >_. eT•i7.'��,.ry •.`+� + ( °tv'^. '$'a ,u9,00e`La o o B �iQP L `'•,I c•:` •1-.-� I- q+`�I`:'na�F Vie,tl�. �� ^ ue� °.a\r Ig7 `�°tTa.ix at�°h '$ 4tt°d'� 'aaiE BI Si°v n0'N�T rm TE IIrNGILE �'! • )r]L "--2'�1;L G('»au«tw Lng R�'Doo r STELLING. y qp 'Sy'LWBu.rvn L b e....,•f •. n+t }S, BF l° �IENBEC- i .r.rT•n�'t` ,tll«4 CD no ]t1Ll� "S 'i1�9 $ - ,•fr.� L'glLrYnW ^ en, ` x o- .,. a. .� _ _ P, �, ,L. _ .i 4 F ���, I r ;� �.�.'. �� �'rii i ; A t•' y ,'� I. a ��- � Pl .4 � � .. ti i J 4 i October 23, 1968 wr.. Harold Provence 22750 Merce0es Poad Ponta Pi.sta, California Dear Vt. Provence: We enclose a certified copy o! Resolution No. 1703 ("Cordova E5-5 ) rhict. was passed and adopted e.t a regular meeting of he City rcuncil of the City of Cupertino on the 21st day of ;ctobpr. 1968. Very truis yours, CITY OF CiP.^P.INO Wm. E. °yder city ::iczk es Encl. Oeto%er 23, 196A Marianist Province of the Pacijfic Post OfflCe PA= 58(, Santa Cruz, California Crntler.�cn: We ercloee a certified copy of Resolution No,. 1703 ("Cocdovn 68-5 ) mma`i was passed and adopted at a repular meeting of the City CouncU of the City of Cupertino on the :let day of Octo�>er, 1968. Very truly ycurt, CITY OF CUtZr7TpO S� W. E. Ryder Clty Clerk es Encl. 1 Octcher 29, 19AS `fr. D. W. lAraon ?n_an Mercedes Road Monts Vista, California rear '.yr. Larson' We enclose a certified copy of Resolution No. IM ( Ccrdova 63-5') which was passed and adopted at a regular meeting of the City Council of the City of Cupertino on the 21et day of Octoter, 1968. Very truly yours, CUT OF CCpEFTn* Wm. E. Ryder Cit, Clerk ca Encl. two wmmMm 1Me Om b for tore 0""Qw-1 fte ftaw lot"crf s of rife 4a 11110 dttM of to 1Mltbd Iwo am a 0*60 of lowakfta taw eiw 4ii►gp d d*iws f4a0f of of t wd all a prep ttr a comm"in Elie d wr► �SOIAfIO' NO. 1703 (F. 0. No. 43v9) 416" aar Are p A*00 so poft SM YVALE STAMM MG. LEADER ►wtr Cit®iee a owastaW 9f Vwd dM06111m,PA III I all pub- In va Spas b Aw Ap CWMY of Swda Ckm wd~f hm b n Gdpipd a aeaapeper of pwmW depAWen by tlr Sups w Comm of to am"of soft OW4 Stave of GAbRft WNW An"of..r" 25_.196 o/ufdefr B»aerraced iv a p Yoad oepp Ww to type not wwAw Ares mwo&9.hn bean p tad in eedr wMAw we wdbe moo of wW weer ad not h mW wappknwrd tAwaoE en#a dove,tow it, A b the raer lo_r`:.. Jf' a daml.fx dvrleaJ wdar penahy d psttap thr elra ttwrtps�wo 4 and and awted. -\Y,_ g •` Billed ........... CW ttee+da,Are B..aaf if _Nov ':a y 19_62. r _ k } +sty r ,�Yt i ✓ — � � � a a _( �1t�- t • a ; t \ ;.Ash l r `.1 T �4 .}ti •i1 .�+ ,M F ♦ f '} is '� 5 � t le' �s jk ol t s j. e � f ?2763 San;ucvt i(oad Cal Rej. AnneXAL&wt r uapo4al Coado►a 68-5 r.s error^e�ctf o:r�a arj AaAaRn.do iA .t/+.e "ea omvoo4ed pit c-Hexer:i on 6 C-Z: o�Cape.,,&w we ant faLLY oppo4ed .6 acfl'.i_.or. a.�•aware .{t� p w.-x t.in Ae 4.tiwnge4.e aag po.,euh2e Pa. or oua n-itjhboA4 eC".kma ed bit 2" pnopo4ed aC-�.':._, _r'.,7 Ct..e 2C..1.Laed^UQ.�{'d'na^; 'ta&te., we mdi ed�te/t.e Ur�✓ CL':A:l r,�,/.LY•1 Cl.fl� .lA..�C 4'uo !. 77— �.=C, �:..a ar; (t,6i l u 1 4e/tvicC:4 rt,)w ava able ane G %to Rava r.o dead A,- and do na.f ,.a do rwt (:ar.;) tD ba �'.URI. 4 ke'�i' o. :tU nCtL 4U tii1A` oa ctevcw�i:r4 r..:f r,CAC mo.^.e rtone.!; a t aC,,iZVi:; S:.f Z4 !C!CaZ� 4r �. l,i7UY -Zo be a:2e: tie ,�• Ill e:l_:- h_.- ... �..... Irr ..... .. '� (1:...'..•co:. r :✓f:,Jr'J(CE:•...._ ..... .... .....�✓:.CYi...... .:U..i .. ..-L:.:� ';e,.:'CC�LCr : x �a ee zz .ice of Ac: ;'r: 1(J se-,iembea urn, ' about 27 Ic_,)6ca. 11148 on a #nip tip. �r�tc cLerL 4eveaa: . ' • (2) i?e era eeoa6vtuf d�rc %ie i1 f�mi.G� WLU 69 auw um.::a&nUOA CiAC 4JJ%gceo rac:i.0 L�awnGez ara' llanLefe u oeu6o6Gf 6e auaA aLao �-' tJFe heaciny. :7f i.e .v�s��the hera,u,r�ba,�,�Nu�ed �aaee e.xn ale:a.csxeeen as tRe �eaExle uawLverL mw,�be naeo�r.# � ice•>oatcn:�. .�/�.thi.e L na�kmible, •�aaee R�:'=e ae-+.falst #6a#cant 46,AV abtaeUaw 40 AUA annexation aae louw. .to au -r"wA &e 4 R��y�re�CLl�uww, . aL Lpv V. JltuuLec�y" ;am m. :� . •-i'saWifar she"uo vte. i), t4 W @ cw1Y fib,o♦ItlRRf @� Jo+✓7�tmEM 'f. LIST OF RF', ',"OTERS FOR cC DOVA 68-5 ie/4& Daniel_, Mrs Marian Parcel 8 6/1''# Willey, Yr. 1*0r^' YAe 10 VIA* Willey, firs. Alice " 10 4"—()st Nunez, X-0. Ramon 30 4/13/M Nune-, =s 30 9/12/CA- Proee:_ze, June Mrs. " 35 9/4/:.c Prove::__. _rold L. 35 7/10 5 Rennk;•:. Elliott to H " 43 VID,ft R,r.naa - -_ene 13. 43 _/12 _ Rev. _-_ __^:p E. Cler«.en-- I{0 Dutrc• '_opd J. 110 9/12 __ Fence: -al I.P. 1!0 J. !}0 i 1 9/12 __ Rich-__. r_ _er D. 40 30 Dearnber IM ertino City Council 1,_(00 Torre Avenue C..,4wti:a, California 95014 Roterence: Cordova 68-5 Ordinance No. 419 C. .lemon: 1. The purpose o1 this letter is to advise you that on 16 December _ie at the time of action on the above cited case you were provided incorrect Information which fa crucial to the case. 2. Statement was made in desolutlon No. IM (Cupertino Courier October 30, 1968) "That less than twelve regamtered vot +ro resided within said territory at the time the above mentioned petition was filed with Council and that said territory is therefore uninhabited." It van further *stated by a city re- presentative at the public hearing on 16 December 1968 that only 9 registered voters resided sathtn the territory at the time in Question. 3. A caveiul check of official records slaws tW.t there were eigbteer. (:0 registered voters residing within the territory (Ref. 1) no 10 October 19" .n.ch is the date petition for annexation was filed with Council according to Resolution No. 1703. In this connectl,on refervace is made to judgement in the curse of Perham v. City of Los Altos, (see Ref. 2) [1) Mancipal Corporation -fisneration of Uninhabited Territory. --Territory annexed by a city as uninhabited territory sva in fact not uninhabited where the area contained 14 persons who were registered voters on the day the annexation was filed, and the tact that eight of the 14 bad registered less than 54 Gays prior to the annexation filing date and would thus have been ineligible to vote if an election had been held on that date did not affect the result, since the question wat, one of residence and registration, not of voting, on that day. It -bold be noted that this judgement of the Superior Court of Santa Clara County was upheld by the Pint District Court of Appeals of the State of California on 5 June 1961 and that a search by a member of the legal profession indicates that there has not been any amending or superseding judgements in .Z; meantime. "Pert,11.3 z-1.Y council 30 b-cember 4. 1,, v-,c. of the !OrtMoIng, to VMGO*d wj%%h the cuplent Innexation x:Oedirgs waL!J -apr3.vo the -O91XtGxv4 vo',*M ftsId1=V-W&Zh n the territory -.,:'zonal ri&U" for GOU respeel PrOOGO"1292 11130-P *V10 Anndt$tfOW01 "Minhabited Tvrritoi r 'L39 be toz-ftsizted. In the event t 0 ptoosedings are CGntinL-, .47: a- zL --uccs-ciOl COWIcIl meeting It Is also riquested that the -u in, —apvn4d Ala -."t the residents InvollrLd may Present th�lr interests, -,s rLI.. ri-Itory in Z- Z. a. fu: 9ZC L. 17 -0 ATUt."itle, do rn- mould rcs,lt -S. pabl* —n :a! to the exMec.. s -s Residing va (2) 11vos, April 19— _.C, C s Mayor Noa-� Councilman Firzgvraia Counci'man ..,-,en Councilman Stokes Councilman Derapster uro�T J�taaltReK /�l035- Co�T�►/� 9— 7 - B' 1nJ� Z1JfELS lD/o�6S CoR�OVi9 /Z-40-S-Z 4-7-4, Fa Ski Al 2R763 70AN �N�'Y 1JILCCY 2 -17-s2. �R7RANG CLFS ;.Zs w , f ? } AMI ." toq amesed by i eUyta►iitnwasr �:.• ea ps °' itfetet9 e e i 4q sot 14 persons obthabited whets Qe' n who �y mem11s0 of rats tamer in PcapJa V.City of Biclkatoad, ' roue registered eotert art tie annexation vnu�, lf�b'1t1.48y42i!W 1206 P.2d 851]. We t4era efd that"the gad tphprerlitart that eight Of tic 1 agfatmcd talks that.54 it�l]aSa eequ)ree one to be registered as of SO pTaea where he v`'* "'dye lxettgihle v 'anof�e al t r7P or 6bld nhaveun lave .. an th0 a tDa day of the of the eUtints, [tifim a sti�d'uoDay,also lib i6eiit(tY&d In vote date did not affect the math,dessis Ae question was one of ism election wrre held In that arcs on that Rabe)." (P.116.) raeideoee and vegilktrattoa,vet of nCgg,on that day. That statement)s not correct. It is a question of residence and e # APPEAL from a judgment of the Superior Court of Santa tgi' -ion.not a question of voting,on that day. Clara County. N.J.Menard,Jbdge- Affirmed. The applicable statute,known as the"Annexation of Unin- haDited Territory Act of 1939,"condds of 41 35300,353.26 Proceeding to review annexation of certain territory to a of the Government Code. Section 35000,35008 are also ap ci n city. Judgment declaring aoeaatim proceedings void, at- Die (4 MM,1. Section 35362 deelaro that contiguous j uninhabited"territory may be aunexed to a city pursuant 4 f Armed. } to the provision of this act. "Uninhabited territory"is defined its them words:"...ter- ritory shall be deemed uninhabited if less than twelve regis- Pillsbury,Madison S Russo.Eagva.K Prince and Harlan tered voters reside within it at the time of the Sling of the 3L lifehter for Respondents. 3 petition for annexation or the institutes of proceedings of file city legislative body." (435M•) The obvious purpose WOOD(Fred B.),J.pro teen•—visa is an appeal by the of this reference to the voter registration reew.ds is to furnish city of Los Altos from a judgment declaring void certain a convenient and ready means of aseertaining the number of annexation proceedings conducted odrr the Annexation of legal residents of the territory. Registration is based upon Uninhabited Territory Act of 1939 -"Gov. Code, §§35300- l the affidavit of the voter(Nice.Code,§120)which must show SW6). the alBant'a"place of residence and post-office address with bile of the bases of the judgment ran a Boding that on sufficient particularity to identify it and to determine asiant's the day the petition for annexatioo wa+ pnsented and filed voting precinct°' (§20_0,subd. (�:);see also 4�,subd.3). with the city(November 17,19:9) &D te•rritury M,ught to In• The rules for determining "rr_ideuce" for the purpose of •q annexed included more than 12 rerialte.reJ voters as shown in registration and voting show that it mean legal residence or >.z the records of the county registrar of.oleos. (The evidence domicile. (445850-u661,especially§585°) showed that they numl,cnvl 14.) T4 rourt eonehuled that Residence at a given place for a spec-ified period of time because then-were more than 12 reiri*a ed woos at the time prior to registration is not required. It is ate: that the of such filing.:his In,mrt uniulu�f.it�?'e•rritury nod that all Omani acts "I will fir at least fu•rary-o■e years of age of[hr • acts doue io chi:pn�•rc ling--re vo61! wait of jurkthetion, time of the nest suce,,liny election,a riturn of the l'uited States 90 days prior then•to,and a resided of the Stott our Ill Sec Cal.Jar.24,M 641-0 Corl—e..-+- 103 et sat. year,of the rmunly y0 dais,and of the precinct 31 days next MeR.Dig.Rcf�reacr: I!>hviiriptl C.�;•arati,nrv,1:.tt.fi. prtetding such election,mud will be an ell for of Ibis county •Ar..;gu,.l e, .i,u i.0,i.h,.l„..1 C,,....n at the next suceccdiug eleetiuu." (k 2W;emrbasis added.) y rev f rltaAau t� = #fl0i( d q io0f' (P `b drYAsnttTos ell' N.v ;�.^ - - n.^�- 'y���.+' ak ,'�•�-': .. .. .... .: -- �---�--•--•.*f'�q'b. seep :. - in an&WW, (ionIts ptrt c �Ai ro ll I of quaff l it eI "s{V('rit\li"'e 1Vtfhes5ls (Te I9i;'}/E' �2r< e• •;rs m. •- m.: ;•.�g:" �j "`v97ia`Yiel'dd471Y'bY etoslligr"+ITte.• 4a.'`' o :J i•dgW1� Ukilla atfan.and,tha'danger-ill 6v,` b votat:Jps(�Hiite ad' -numbers of pe,:•ona during taro,fflsfoa6' Id"d In the x..64 the registmut 1s rMjafre8'oit�y to day sr(m)y r midence •short period immedistetF preceding Its close,are apparent." it..." (4230,subd.&) (Itame,p.SM.) "The periled when,before the election, reg- Same confusion has arisen becamro of a statutory require. istratiml Roan cease has lame by the policy of the Iaw marls not that a person must have lawn re ridered 04 days or more Progressive toward placing inrpmlimcuta in for way of frnudu- to a given election ur Qn r o vote at that ehxtioa lent eoloniratiot,of vcten. Formerly the lerird wits fifteen istration of cl(rtox Omll be us progress at all times Baps;it was,afterward Mendell to thirty,and L mare rt.=ra:Y M eaee!t during the 53 days immediately preceding any election, years to forty dpys. The period was probably extended,also. whr,• rr):istrat"'m%l:all eri::,, fin that election as to electors to give the rovrty clerk more time in wbieh to print and distribute the ,eat register." residing in file territory wi:hire whirb the erection is to be (Crrini V. !rr 1.<ang beld." (§M.) Thal. oh:imtrle, is a limitation imposed to 7 Cal.App.398,405:94 1'.5821.) fwAlitalr tht.orilt0% mW accurate pre;, ration of voting lists A city elwrter prm•i,;on that "'only an eleclr,r who is n for use al ally election. It has no direst bearing upon the registered qualified elector .hall he entitled to sign'" a eonalitutiotal requirement that a voter reside in the preein t m n,iripel referendum petition, has Lien construed to saran 54 days,in the county 90 days,or in sae state one year yaor that"...any registered elector who will I e qualified ft)vote to an election. A person may have pot c msl those quali&ra. at III, next stn-ecdiug el-lion may sign uvh a petition." Hama many tiara over at the time of re&trmtion. Ifere,we (Len s. Domi+?atz (1931), 212 Cal. 5e1, 595-59d 11299 are not concerned with this limitation. At the time the regis- P.i/3-1.) It was not necessary that he wait until 30 day-s after trations in question were made (November !'r 1959. and registering(the periul which ball since been expanded to 54 various dates pnrxding)the next sueereding election,inwhtr days) fn sipot " referendum petirion. Sintilnr rulings were made in.if•,rr B-4 of T,,;W,.,'191J1,2 Cal ta, to judicially rJune 19 , slid the aria, n eevit ion..•that an ii-14'] r ;Pnrlrrt RLwI t113f U.Cid.App•^_d W be hc!d in June 1960 end there at no evidence that an dretiom slight snouer Ire 1::•td it 't._ —ifnry proposed for 438 n i._a t),? E•pcu•rll, i^oiftcaut Is the holdi:nz in s rr)r•xation. The a".:n•n'rhr ;t -.•. ,ins.+�ati•ru war not the•r•-en' .d C''v of P,+rl !lmrnrsa v.Pity n/p,nrt ri! am election auul 11, r:�n+l1id,h•-.Int+I i .,.::h•r for no rlectinn. (.i 9: '}, r I "r :111 1`2d 31n). Than eu=l a -teed nn The appellawl i ,.I a p arti ul: t ,u ell to the word .r and r th. -art• a vt n 11 ut.I tut p r)- " volers" in the ey u•c u n r •i t r 1 -ter." n- a—I it, dt I•:, t ourt h 11 the pro Iin_ \ a 1 1. tiro s _.titer 35303 of th.•G(nr•nnncul 04, a dtainilioat r.d tut n..uwg u:Ilu•ler,itorY..anal: }rttwceu that iml"rovirl-ed e1rcE..n Wt.der n a•e nnr ot h ` wut•.rd \\•i.•t the' a..„•sau+.m t,.1; fro uudrrtnk,va to::r 1`.:d id-,.I,I.,it ntdy;,of t1win I,•.•t, n•;:• wtntarrlial Jrf �a re i r t6 l nht.h r. i.ter•d t �' ' rmrro"is u.. t. I',+ flu•purr- u. .,,ell tams r,t r+ idrum• 11 . 1.1. :Vter l " +•:d 4r,wn,•va[t .t kid h:�ua ul u,11led Ire-oral ate. .,lulu+ 'L Grri::nu• at'n r...:r•rou•J, ter oh,rr : Ih hounds r. a.u.i-•i+,u hat Irad tL-t the l lei I: a ( d (uu tA, I t :u p ot r,"., w)m t+.I"' 11 th n of Ihv r 1 t c••+ r,n.al:fe,it l+r Le lam 1-,F Artu l•• `•Inv ula !i tf list Hu +.'.t wtLd I If )r•t.'r r IUu tl lint prop '•rio,•.• fro::t 1"id;.q i:•n he al"• f_20! nnJ 'acnl••r+`a.'•anr rl+rt or c Lr'i; r rn rul••n-.der ft'•prnci,itu,of thi<rode•,(:t'1}. R•r•upl:+t; Cl :Ohl ,III-lilta"d thcr'-f.'•' Ion a•Lr•i•� T! r •a. yr is bur mr nr ,;irh till. r ..• true Inn,imt n.n 1 .r, +' ,m••: : t .I _,+ , rr thi<,r,l;i+t fl Ili, '.L a: r ')'u +\..dud d In+u,r,,,.t. lolls! �I .:'•lib•• nhjc+d of the n•,•i•.I rutir+n Err ill to prenvu illr;•al on ),u,•i "IJ,b �, b r. - ;.:".I of a, lru••:+•r 1`a:,,•! 1 ir,;r•;;n� rot th :. roll nc r, the ronwiudrr of shirt I:u:;rr 1 I included within the so4fiYC08•second propaced•... " lisle" (P. >b0:I'"Tl 't 'tenppbrhed"'the fetal [d+.94]Idwitgtioa of ASuaps,r liaaeii i.ct,$owls, Ab�mce ' Prom State,-An action commented Jame 25,I9M,on a promis• �%dnnding that the toMtoly iaf lean not uninhabited soy note dated April 27,IN%At d pay"ono year there. Ifa conahlsirm that the proceed$*-vits vahl.Tft Supreme after,was not shown by the aomplsiat to be barred by limita- a t owl affirmed the judgment. It dues not expressly appear time where it w..alleged that defendant had been not of the $ten the primed report whether mare or less thin fs$days state on oailerous occasions and had not been within the slate 4.. dAlpsed between the dates of the 9 new registratism;and insti- for a period of time totaling 1,400 days since The cause of ? action aerrmo, the effect of such allegation bring that dr- titsion of the proceedings by the city. It would not seem to fondant had not Ines in file.-late for a period of four year, tss{tler which is true,as we read the decision. aryor the adieu errrurd. We conclude that the evidence herein supports the trial +: esar"a finding that the territory sought to be annexed was not [d]Id.-8tlspeadon of Btatote—Abenu From Btate.—Absen«of a debtor from the state tolls the statute of limitations as to sadubabiled and its conclusion that the proceeding was and iv him for the aggregate period of his adweoce. E aid. It, therefore•, becomes unneary to consider other [e]Judgments—Opening and Vacating—Review.—Where a party paints discussed?I r�the partie.upon this appeal. died a matins,and auttce of mation which sought the setting The judgment is affirmed. aside of a default judgnm,l and the trial court denied the motion to set aside the default judgment,it would serve no Tobrhrer,Acting P.J.,and buaiway,J.,concurred. useful purpose to reverse the denial of the motion or to set t aside the default judguteat, since entry of default was of record and it relief therefrom was sought either by motion or m appeal. [(Sv.No.Pgg80. 8ceond Dlel.,Div.Oar. Apr.8,1961.] p)Interest—Usury.—A complaint on a promi.sory note dated April 4.7, 19U1, which rrvited `with interest at the rule of FRANK WiLLI AMS,Respondent,v.S.DRONSTON, d per seat per mount from February 1,1945"did not show Appellant. that`retroactive inlereet" was involved indicating the note ' ' van usurious where it was labeled 11enewal Soty"and it could k (1]Aegotable Instruments—Pleadings—lganpayment.--:\n nllrga- have.been that llre principal amount of the renewal note was tins that"N.part of said promi.wry note ha.been paid nor the principw!e!a prior note and that interest on that principal bus the intuvst thcreoo been paid mil it,,,,is now•dun and was unpaid from Pebruury 1,1945. owing front defendant to plaintiff .'a ertain eon) with interest the... ... was a iufcirrt st!rgatior.Ilene the ante APPEAL from an order of the Superior Court of Loa we.unpsid Angelty Comity droving motion to set aide a default judg- [!] Id.—Pleadi, •'tshtp:-in an .r:fr,a on a prtr:nil=ore mall. Gordon L.Piles,,fudge. Affirmed. 'A ante, it w :. :;eta• d, nllr;:e that plaintiff w:w the owner and h,:d, of th,.note,it Lei , ,'anent that the vain- Thomas D.Itercola for Appellant. plaint allege! that ` er ahn t [. "rrtnin date] Nr voho- mceivrd, d.fe -h-nt etrruh•d and d.ls.:•md to plainlitf hi: Leroy,Miller S Salinger and Condon Levuy for Rapoudent. negotiable it.:,.. end that p.l-i::'iif was dr.in,Lunen:•=s under the 0cuttnus n:uuc of it,,film I;hnrat"y to w•hith th,• WOOD,16.J.—In this action on a proruk;ory cote,dcfaud- note wad:ps d'al:leJ lull fled the r:-n,,e to:•and I hli.hed n the nmire raluirrJ by Inca. iC"e. Cu!o. is�9lili,214;>.I nl appeals from the order denying defd•tnd.:u:'s not sou "Ad --_----_— s.•tniidrudrfuultjud_mrut.•, ;]) S:•r UaLJur.°d,Ittti,and N,.1 . i 116 The suimn"n and ca.,110:"t wrri• .iervcd on defendant IdcK. Jig. Refaenecs: (1) t-, 119; pre onnih• en March id, 1960, in Li., A,,gole.. County. Ott N,;a,lmMe at.truneut. r. 1. 131 L..,.wbflon or A,ti lion; 141 l.iuntstion or Art,m+, elk/: 151 Judgudeut., l926: [31 8,v Cal.Jw.2d I t ten dr A,ti I]l.:d,IS!';Am.Jur., r I.f•reat,l:12- Li,nitatidrn of Arlitns,k� 20,2--'. A:r F, 7« m ° • Cecn�ate, we a�A�z�ot �aed&L61 ved o� oaoten e, paotee.e ieae ati i.B wt&n f an eLectivn of.the tered voteu .tee' wi thin Ae i to F"4AeWUZ'W' Mau pwz of -t the council meeting on 16 Jece ea 1968, on ue unu,Ld have �wta-aL n at#hat had �u U pa i tirecla e a o�the iw.6i e o f ile p wCeerliny.a be,=a�b Le .t0 u4 a.4ort tD #/ur f mee#.ins. '„, Siyee<f r7ddaxoe �wrcLAurtion ALVA- Iqz� CIA J, ZZ763 /©,z 90 polo FW _ lei v eA� I've LL� 3 i • N ` 0 1 C I T Y O F C U P E H T I N 0 11E190 January 3, 1969 / Filet 89,029.1 TO: The Honorable Mayor and %embers of the City Council FROM: ^'ty Engineer, Kenneth R. Boyd SUBJECT: UNINWBITED AMME7IATIOM, CORDOVA 68-5 At the Cu.. Council meeting of December 16, 1968, a public hearing wea held on the subject annexation. As reflected In the minutes of that meeting, there were at that public hearing objection to the annexation totaling 30." of the assessed valuation included within the annexation. This, of course, to for abort of the 50 objection necesser.' for termination of annexation proceedings. Therefore, the pvbl_ hefr_ng was r.loaed and the neceaeary ordinance (Ordi.nence c19) was ;resented as the fi.ret hearing. Svbaecuent t_ that action, the point vas reieed that, in the opinion of those ob,e:t'ng to the annexation. the area contained more than i2 regiatere:: voters, thus, requiring, on election rather than the annexettor, n1nheb1,tec territory. At this point, I replied t.het I had tharo-Fr.iy researched the registrar of voter's r-311 one the ;te.ws pertF. ;:`_rg to uninhabited annexation and, to my opinion, the number of -ez'steved voters within the FreF end w't.htn the time linilts eateblishe: -ndler tha government code, did not ouslify this area for annexation a 'nhablted territory and thet in fact under the law It m•-st be cons-tiered uninhabited territory, therefore, making the un- _nhab:ited Fnrexation proceedings entirely valid. At this point, ��'1RC11 c_ .rs concluded and scheduled to be resumed as of the Souncil ncet'r.g of January 6, 1969, at which time a second reading _,f the or-i'c._r::e will be performed prior to its enactment. Since the 7ee:tng of December 16, 196f, we have received a letter signed by eeverel opponents to this onneye.tion continuing their claim that untrhFc'ted annexation of this territory is not proper on the hounds th:t t^ere now exists more than 12 regi.stered voters within the terrtt.r}. In response to this letter, I can only raly on my interoretatior. of the most current laws regarding the annexation of ..nlnhabite. :erritor,y and the following definition which is contained :herein: Section = 303. For purposes of this artf.cle territory shall b 'eemed uninhabited if leae than 12 persona who have been registered to vote within the territory for et leaat days reaide within the terrttory et the time of the fi:.:;; of the get'tlon for annexation or the inatitu- t1on oP proceedings on motion of the city legislative b.,dy. i 0 • memo to City Council Jan. 3. 1969 Page 2 69,029.1 The only question which arises in interpreting the foregoing definition is in defining "institution of proceedings" or "filing of the petition", since the procedure for annexation actually re- quires the filing of two petitions - (1) Petition by the City to the Local Agency 8orisation Coselselon asking approval of the annex- ation, (2) A subsequent petitlan by the proponents of ti:^ annexation to the City r*gvveting such annexation. Every effort is being made to clarify this question, however, we have as yet been unsble to obtain a definite answer and will report that answer to you as soon be it In evel.lable. However, for the matter under consideration here, the answer to this question aeems irrelevant since examination of the following pertinent dates with regard to this annexation under the terms of the definition,, as stated above and in the lave regulating such annexations, reveals that uninhabited annexation of this terri- tor.t' is entirely proper In either wee. 7/31/68 Applications to La•gl AFcn-y Formatlon C.)mmfesLon 8/1/68 filed by proponents or this annexation 5/8/68 8/27/6`3 Appl`.ryrt.on to lA'rt'? C'led by r; ty or. br-hai' of said proponente Io,A/6`i LAPCO approval of annexation by Rceolut.:jn No. 6..-29k 10/10/68 Petitions by proponents to the City of Cupertino filed with and approved by the C!ty Council, Resolution No. 1703 REOISTERFD V0TEAS: Pr:ar to e j/tit, 5 b/5/6e 6 9/4/68 7 9/6/68 Y 9/7/68 9 9/11/68 10 9/12/68 16 9/17/68 18 Cordova 68-5 P.nnexa.ticns 2 of 2 M - voL 404 p is Oman" sue° Ron tam"comm"Gly LIeN1 MPoNl1MI MMWIIOr��tlllol >IE� '.���' IL WIN VIVO 143010 44 •r 4�R • 1 d�dt+$di T• f' * " Il�'f Sfr,q a a !Y r.`u;� l ..�N• �� � • t ; ,,. .. " , �`NAo� �a .�y0 :. Yi�wta ,`' � �3r.�c`';. f �• .�� a F wd•'Nt• 'L Y.1y'' •«�' „3r,,. �t Oi.-Pp Pn l.i � \mot• .1,•.x t���' + 's� ` . `dN1YC CopordM City LIdb r - i d ft"Md VOL''P" Pg14 311 LOCATION UM o ss. "MIT B1 .1 Iti ICO• N PRop o AlDI ATI", TO THE F C er CI' QF C t�{ • k _ a __.^____..__...,,K..,.:.,.,.v„-•e,.—..-.... ._...-..•.z_a..:.�+w:...r...w..;.,.«_.�:_.s�,�m...,a.....b..,.-:.u.�.c.;...y,..x.�xr a..zvW c:aic9:t5rtiT.+tcYfnn..w*+:.?..x.�s...ka:...:,.....�....Y...�.-.__.. t , a Memo to City Counc1.1 Jan. 3, 1969 Page 3 89,029.1 Examining the above dates, it becomes appare.it that 12 registered voters existed within this territory only after 9/12/66, aril, as the petition was presented to the City Council on 10/lel/68 (this being the latest data it could be interpreted as Initiation of the proceedings), only 6 registered voters existed within this territory as or 54 days prior to this data. Thus, under the law so it is stated above, no other interpretation can be made except that this annexation is entirely proper as an uninhabited annexation. It is, therefore, my recommendation that the public hearing, with regard to tale annexation is entirely proper as :;n uninhabited annexation. It Is, therefore, my recommendation that the public heaving yith regard to this annexation remain closed and that Ordinance No. 419 be given the required second reeding and enacted, thereby completing the subject annexation proceedings. X.RB 7 e m o r -a rs s c x� 4 2 �. r, t t a. r I! ... rt, ... __ 7. ...,. - v -. The rfny. -r.'.of the t-:_ t_ _ levier: M• ,dth .{,t •° `_f n',,. cr-i: —n,r ilo n.:. a "'.rr•r"_3 cunrd" c,. .aa,... .r Y.,. ..... wn:... 1 ORDINANCE ■D. 419 W ORDINANCI 3PPROVIh. TWAUMENMM OF CERTAIN CONTIGUOUS =3=ASITED TirMTORY, L. -CORDOVA 68-5", TO THE CITY ('CDPBR M IN ACCORDANCE i1=IM PROVISIONS OF SECTION .AWW ST SSQ.OF THE CAVERN MW OF THE STATE OF CALIFORNIA �a" , the City Oouncll Of Cupertino did on the 21at day 4 . 1968. pass and adO}L� W for the proposed annexation of territory to the City� W,"IM on which wild Resolution notice , door. and place V.bne raoW person owning real property ;y territory so propowii ssad and having any objections als 'jroposed annexation might aO6 before the 3agislative body and show C ! i ty such territory should sot be so annexed; and SEAS, prior to the adoptim of said Resolution, Local Agency Forms- e2m 9bomi.ssion did prepare or cause to be prepared a report to this Council sOmm said annexation proposal am required by Section 35002 of the Government 6oulke of the State of California; sad :18EREAS, pr :: adopting said Resolution, this Council did cause a mz,=-.te of intent-= to annex said territory to be filed with the Local Agency sTszrm;ai.:en Commiss_:r. of Santa Clara County, and said Commission did approve &Rs yroposed ar_-eu ion: and WMEAS, s___ :.earing was held at a regular meeting on the =ar= ra+! of Deceits ar. 1468, pursuant tr said notice contained in said Resolu- oz wdaich was :tom Eth day of December. 1968, as the time and place fixed timozeL: and :ZEIItEAS, scc_` =wiring was not less than forty (40) nor e')re than sixty aL; csys from fie _a-e of the passage of the said Resolution; and -RiEREAS, a: ae said hearing there were no valid protests by any owner oan.crs of one=a'_f (1/2) of the value of the territory proposed to be awi.t, accordir.: :c the last equalized assessment roll of the County of Santa -_ara, State _f California, and that it is for the best interest and ==mwntience of Cc;ar:ino that said territory be annexed to said City of -moo SOW, THEREF:=. the City Council of the City of Cupertino does hereby ==x as follows; Section 1. ::-at the annexation of the uninhabited territory herein- afz= aescribed be. and the same is hereby approved, and that said territory -ew:, maid that the same is hereby amexed to the City of Cupertino and is see pax-ticularly described in Exhibit °'A" and Exhibit "g" attached. _1_ All that certain real property situate in the County of Santa Clara, State of Califor-t , described as follows: Approximately 13.46 ter" lying on the vest aide of Cordova Road betmees Mercedes Road and San Juan Road, formerly Men& xusd. sect! 2. Pursuant to �cvlFflr3aaa of the Government !lode of the i sonatas t�tQifoaaia. the;tilp,� f i beto hereby directed to f41e sdft the.ffiacretary of the`Stitt 40101 blWa a certified copy of this OrAlmomm lsaedistaly upun dims said Oti3aaaoe becoming effective Section 3. 2bat all a is of dugs for the annexation of the said minbabited territory be p14. and that the same be and they are hereby &llama. Section 4. if any section, subsection,. sentence, clause, phrase or yor-_law of this Ordinance is, for my reason, bold to be unconstitutional, mold. or invalid, by.any court of courateat jurisdiction the validity of the remaining portion of this Ordinante shall not bm affected thereby. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 16th day of December , 1968, and ENACTED at a regular meeting of the City Council on the th day of January 196_1, by the following vote: AYES: Councilmen: Beaven, Dragster, Fitzgeraid, Stokes, Noel WES: Councilmen: None ABSElr_: Councilmen None APFFJDVED: /s/ Clyde L. Noel Mayor, City of Cupertino A'Tr.53': /s/ Tan. E. Ryder City C.erk -2- yyyy# cs' gi. Sii, rE, .try t yy k•a ',a6 -Won the sYb__�ty of . _ gam'., PulkolarlY Semen wil of the Commumst Code,them was Clod in my oM: s and adopy of��by the body of the City hereinafter regularly one :a•o —day of Jaaau�- 19 Go. hY _ a- Sydam City CIUL I fur m on*that said drdhmw sets forth approval of the ann—wman to the CITY of r mEnun_. _----Of unhibabited territory,oontam a description of its boundaries and deslg the annesod aim as: "CMWWA 69-50 Ix Wnmw Wm=oP•I hemado ad aW haed and q&the Great Seal of the State of Cd#omio ofSbft :p 41 rw. YBiM�i DX � .w.34 t y r.Mh K _ P y 4. TY 0P0 V'PE R T I N* » a* a. biadys McHugh -�*hn Turchan a AN*MT13NS - CORDM, ,,5 ffiC3flsed for y--ur information and records are the addresses and stivel- numbers pc•: requested: 22750 C:r? Road, Cupertino, Calif. 95014 70635 C--:•i:..= Road, ,pertiro, Calif. 95014 10645 C::•=.: Road, ^: e ino, Calif. 95014 22767 C_r__: ,�ert_Road, n--, Calif. 95014 22763 C_r3_-- Road, "-,r r* _no, Calif. 95014 501 Sa:: _.. Road, ^.rf r`ino, Calif. 95014 __n Road, .per^ino, Calif. 95014 s r / yY•"MPERTfNO COURIER,'OEDNES?AV,'AM:Z•1959 Cordova Protest All ..F •I • f ��FI I, Y �V V«� �. �'rut�"1 J^r� ,,° t i r •� o_ r _ i 1`a(s•es rere sorvr•A nn CRyCl-k Willi: Ilyd^rat N;owl••n'^i" ' CIIy Crntnoil merling static; :hat it J-,Cordnta:u•.nrzadon pr•`- ! rs�++ling"wr rr`IIll"fly car.!V-(- F'ilin�;ovith lho allornry del-ral"n4u•+,rtt F.ut"r::av!sra e.rf V•;kiunrr,a rettl*lAir F'orrrrolonrl,oi..":i!'�b•.at,nf:n 2u.,Ccl. , it, '�L'n.,,.pal„i�r.n,Iin•., i orl:,r In . r rP :f I•,r ar r ! The thrre incumbrnts see. :9 4,t+-t�,.,! t t . - ) in9 ra-oloclior !o the P,aerc ;.vwl rfdeh:1.1,0 ltn.!1 F_dvccrion o/the Cupartiao ct•t ,,,, r . Union School Di.shict hn.•^ I n 'yrrliurs r c!:Ir,� that ,,"d („•r Lecn endoaccd by the Cuner� •;1,• utvu„rs, I,y•• firm E-64—fion Assn. ICE;.!. ..,.,1, l,p„r,-od t+lh.,•' ,o.1't t Cern id i r ant,;.residrnt r! and rtLr ..:aa(v� I!ut c•�•f�Io:.• CEA, anneuneed 1 lest Illan r. ^I,-or caul can I- I week's beard mco6n9 fhar fire P. { Cf_A Cengrrss hnd cnrlrrsod ilo added That 100 i eai rc tou r. • the rlon of M— Eioinc ,ta„ r+q-,i•�+ .rd 5•oters, r I`'•- t Rosenc'n;il, Leo Dionchi and .son:,curer ty:l:,::-,d toa:_^rt.ll rn i Lrr Tyler. "Id th't Ua,enunt'll t;^.;:.'rl ill C I.A is the local ehapler of an d t"rut nlr,ad. t the Cali`�mia Te—hres Ass,. and" roco9niacd by tho Cu- perlina,("frier es Ilr,official reprrxrntctive of disfricf lsl7}�Ia f15On tcndu•rc. I � Thr. endorswnen/ o/ the i Named to Jeard c umbcnts by the C-A /or the A-0 1 S .1. 1 i^. .. —'- sr........... , .•.,r..,.,..,,.. .,,....... '.CBRI A 1- ANNEX INFORMA N A�tcBL NAME ASSk.S3FD 8 ASSESSED L.A.F.C.SIGN. COUNCIL VALUE VALUE PETITI04T Daniels, Manuel 2,800 3.3% 0 Wi11ey,Aenry 5,420 6.5% 0 Nunez,..Aamon 9,020 10.a% 0 ` 'Aikins, Dwight 1,800 2.2% 0 Skinner, Leo 10,290 12.4% - 0 Provence,Mnauo 10,000 12.00% 12% 12% E1 Provence,Nmrow 2,200 2.6% 2.6% 2.6 Mariani.st, Provence of the Pacific 1,+00 1.6% 1.6% 1.6 40 Marianist, etc. 23,�520 28.66% 28.6% 28.6 41 s':,V[u t,Nfl�e:O _ 320 17.4% 17.4% 17,4 42 Provence,arccLo =,000 1.2 1.2% 1.2 43 Provence cc 1.? - 1.2% 1.2 2 -. r .7� 64.7 r 342-22-6 ?_- sl A, and Marianne Daniels - 10645 Cordnre Rd. Cupertino. 10 :e =v E. and Alice Willey - 22801 San. Juan Rd. - Cupertino. 30 ?s-cn and Agnes H. Nunez - 22767 San Juan Rd. - Cupertino. 31 :'_:at P. and Sonya R. Aikins - 4280 Voltaire - Carson City:, Nevada. 32 Ls and Joan M. Ski.rner - 22763 San Juan Rd. Cupertino. 38 ._rcla r. a•d June A.. Provence - 1627 r'ollenbeek Rd. Sunnyvale. 39 A:ar'snist Province of the Pacific-PC Pox 5-6 - Serta Cruz, Calif. 110 5s7-,- as 39 41 F. -_ J!;ne `:, rrcvence-Tail to 711'.ctt E. : Tirane R. •ennnack Val Ave. - .n rti no.. .2 C9-. °.9 ll February 17. 1969 Mr. E. D. 9os4s Assistant District Eagiaser Division of Hietmare P.O. Box 9966, Eincon Annex San Francisco, California 94119 Dear Mr. Novda: The enclosed annexation, known as "Ovrdova 68-5", was signed by the Secretary of State on February 6, 1969, and became part of the City of Cupertino an that date. Four copies of Ordinance No. 419, including .legal description and mad of the territory, is enclosed. Very truly yours, CITY OF CDPTITIND We. E. Ryder City Clerk /an Ends. �iesP eats emu amsty mem"t 21 soar soon"i-t Sea jam. Qoletsts" 93110 Deer Sir: The soalesad aaaetion. ksasn as "Ceedeve WS". w siprd h the Secretary of State on yaateaty 6. 2969, mad Mesos part Of 04 City OF C"Ttiao a teat date- An attida*lt of completion. secretary of state car- tilicate. and a coo Lited copy of Ordiamae go. e19. including legal descriptlou and amp of the territory are enclosed. Very may yours, cm of cupurnm We. H. Ryder City Clark /as ntae. VsbcmS 17, 190 Richard E. Bevis=s Cupertino Fin 8:11.s tolls Stevens Creek boulevard Cupertino, Callfornla Dear Kr. bplaaac rho enclosed acaw:ation. knout u "Cordova W5", vas signed by the Secretary of State on February 6, 1969, and became part of the City of Cupertino on that date. Ordinance No. 419, including legal. description and map of the territory, ate enclosed. Very truly yours, CP.'Y -JC CUPERTINO 1hs. _. Ryder City Clerk /as Incl. � 11. 19e9 Sao Josa Water urdis P.O. Box 229 San Joe*, Califoxst�* 99109 Attention: Art Thomas, SaSinaar Gentlemen: The enclosed aur:aaation, known as "Cordova 68-5", was signed by the Secretary of State on February 6, 1969. and became part of the City of Cupertino on that ;late. Ordinance So. 619, including legal descrip¢ion and map of the territory, are enclosed. Very truly yours, CITY OF CUPERTINO Me. E. Ryder City Clerk /ea Encl. 1at�se! SI. 19t11 idmlaSattaElva fS{tlsa Cupertino 0at" $46mal Ustwict 10901 Hots Atr mpg Cupertino. Caltlbrmis Ceatleama: The asclosed aem mation, known as "Cordova 68-5", was signed by the Secretary of State on February 6, 1969. and became part of the City of Cupartlmo on that date. Ordinance ➢Co. 419, including legal description and sap of the territory, is enclosed. Vary truly yours. CITY Or CUFMMNO Wm. S. Ryder City Clark /so Rncl. z ft6tod" 17, 1969 t�lnietrativs Etta Ptamoot Voice RI& fcbml District 589 Proms feat Sunnyvale, Calimstada Gentlemen, The anclo- ammmation, known as "Cordova 68-5", was signed by tie Secretary of State on February 6, 1969, and became part of the City of Cupertino on that data. Ordinance So. 619, including legal description and map of the territory, is enclosed. Very truly yours, CITY OF COPERTIRO W. F. Ryder City Clerk /to Encl. 1 1 yi rdbrom w* Uff Cooney C�ta ile�s[ta®t zmo Catol Draw San ,toe@, Calafwaft SM23 Gentlemen: The enclosed summmrAoa, known cs "Ontdava 63--3". was signed by the 8eetafa^ry of State on yabruary 6. 1461. and berm part of Om Cluj of Cupertino on that date. Ordinance Va. 429. including legal description smd sap :if the territory, S® unclosed. Very truly yours, CITY OF CUPRM?IO Wm. E. Ryder City Clark /as Encl. \�f$ 'j i MUMW 17, 1969 Cupartino-8uo07W-16 Municipal Court 605 Mast Mil C NK11.r. 'Anal Stmnyvalt, CaUfarals 6aatleaeei The genclosed summation, known as "Cordova 68-5", eras signed by the Secretary of State on February 6, 1969, and becase pa-t of the City of Cupertino on that date. Ordinance No. 419, including legal description and map of Via territory, is enclosed. Very truly yours, CITY OF CUPERTUM1 Wm. E. Ryder City Clerk /as Encl. 7 labtouF 19, 196! Santa Clara Cbmay O ntroller 70 want Naomi" Street San Jose, cailtoreia 9S110 Door Sir: The ancloa-M armsaation, known as "Cordova 66-311, was sited by the Secretary of State on February, 6, 1969, and became part of the City of Lapertino on that date. Ordinance No. 419, including legal description and cap of the territory, to enclosed. Very truly yours, C1t! OF COFERr11FD Wm. E. Ryder City Clark /an Encl. r _ >r�keutty 17. 1969 Mr. Franks MsdmWb Santa Clara Comay ^Lm=Ing Duper 70 Vast Baddiy Street San Jose, CaUtornis 95110 Dear Mr. NacLado: The enclosed canesatlon, know as "Cordova 6ki-5", was signed by Me Secretary of State on February 6, 1969, and bacon part of the City of Cupertino on that date. Ord'naaee No. 419, including legal description and map of the territory, is enclosed. Very truly yours. CITY OF CUPERTINO Wm. E. Ryder City Clark /as Encl. �•rs ia, i989 Mr. tmtin C. ■ear. Supervisor of Drattbg services Valastion Divislom Ste a bard of raaai8tatloe F.O. Eor 1799 Sacramento, Califoraia Dear Mr. Rohrkes Tha enclosed ammmatfon, known as "Cordova WS", was Signed by the Secretary of State on February 6, 1969. and !eerie part of the City of Cupertino on that date. Ordinance No. 419 (certified), three copies of the asp and two lists of streets and addresses are enclosed. Very truly yours, CITY OF CUPERTINO Wm. E. Ryder City Clerk Ies Encle. FeOraary 1), 1989 Public Worka Dapartnent Santa Clara County YO West 8ed!ing Street Banjo". California 93110 Centlema=: Me enclosed annexatloo, kaown as "Cordova 68-5", was signed by the Secretary of State on February 6, 1969. and becaae part of the City of Cupertino on that date. Ordinance No. 419. laelading legsl description and nap of a territory, are enclosed. Very truly yours, CITY OF CUPERTINO Wm. E. Ryder City Clerk /as Encl. 1 labsaarlr a7. 1969 County Registrar of Voters P. 0. Box 1147 San Jose, California Dear Sir: The enclosed summation, known as "Cordova 68-5", was signed by the Secretary of State on February 6. 1969, and became part of the City of Cupertino on that date. Ordinance No. 419, including legal description and sap of the territory, is enclosed. Very truly yours, CITY OF CUPERTINO Va. E. Ryder City Clerk /as Encl. 1` 10ematy 17, 1969 G�tral Me amtriet sae Yh11y goad San Jose, California 95112 Geacleaen: The enclosed anna=ation, known as "Cordova 66-5". was signed by the Secretary of State on February 6. 1969. and became part of the City of Cupertino on that date. Ordinance No. 419, including legal description and •a, of the territory, are enclosed. Very truly youra. CITY OF CUPERTINO Wm. E. Ryder City Clerk /es Ea cl. SEEM Aga irony 17. 1969 Nk. Al Carter Postmaster, CuperrAm nest Office Cupertino, California 93014 Dear Mr. Carter: the enclosed suasati*u. known as "Cordave 66-5". was signed by the Secretary of State on February G, 1969. BM Secme part of the City of Cupertino on that date. Ordinance go. 419, including lagsl description and map o! the territory, are amcloeed. Very truly yours. CITY of CVPMMW0 Va. E. Ryder Ctt, Clerk i e0 Encl. oil'I isbvuwy 17. 1969 Soots Casts Conety flee Nsrehal 160 Hemline ctreec Sao Jose, Califemda Dear air: The enclosed amnesation, known as "Cordova 66-5", vre signed by the Secretary of State on February 6, 1969, and becacv part of the City of Cupertino on that date. Ordinance go. 419, including legal description and map of the territory, are enclosed. Very truly yours, CITY OF CUPERTINO Wm. E. Ryder Citv Clerk (es Ezcl. I February 17, 1969 County Assesses 70 vest aeadtq$ stmast San .rose, Calisoawda "110 Deer sir: The enclosed a®eaation, known as "Cordova 68-5", was signed by the Secretary of State on February 6, 1969, and becum pert of tba City of Cupertino on that date. 0 finance Ito. 419, including legal description end map of the territory. In enclosed. Very truly yours, CITT OF COPSRTUO rfm. B. Ryder City Clerk /as Reel. 1aDraari ly, a9sY County Tat Collaictor 70 oast NNdift stsaat San Joe., Calltosnia 95110 Dear Sirs The enclosed annexation, known as "Cordova WV, vas signsa by the Secretary of State an "rusty 6, 1969, and bacam part of the City of Cupertino on that date. Ordinance go. 419. including legal description and map of the territory, is enclosed. Very truly "arm, CITY OF COlBR2190 Va. L. Ryder City Clark /es Encl. lebruary 17, 1969 Pacific Gee i Clectric Co. 730 West Olive Sumnfvale. California 94086 Attention: Mary Bunch Centleato: The enel-sad annexation, known u "Cordova WS", was signed by the Secretary of State an 7ebtuary 6, 1969, and becmw pest of the City of Cupertino on that date. Ordinant:- %. 419, including legal deseription and map of the territory, is enclosed. Vary truly yours, CITY Of CUPSRT NO We. L. Ryder City Clerk /as 6nel, vbruary 17, 1969 Shcriff'c Dcpartr.•rnt _:n.Ln Clara County ..U. ,;ox 2S• ran Josc, Cclifornia cntlomon: 2ita cnclo:,:,' nnrc::at on, 1luma ae "Cordo,"a 6"-5" 51gncd e,; tine SucrVLar5, of ..talc on VeLnmry C,, i969, c:cs.L -.art of the City Of Cr.pertiao on Lbac dstc. brdint,.:ea No. 419, ii:clu3t.n•; legal description and o@ the cc'rritor;. in cnci.esc:;. Very c my yourn. CI•'. OTI CI;IS.. .i.ki I:Ydor GIL}' Glc•ri. ::.tl. Street addre se-A-for"Cordova 60-5": 22753 Cosdarrs Road, Cupertino. California 99414 10635 CotRova Bond, Cupertino, California 95014 .Q645 ,^ardova Road, Cupertino. CaWorota 95014 22767 Cordova Road, Cupertino, California 95014 22763 Cordova Road, Cupertino. California 95014 22801 San Juan Road, Cupertino, (.alifornie 95014 22825 Son Juan Bbad, Cupertino, California 95014 j VAN OF GtlFOOeA .STATE BOARD OF EQUALIZATION e • wa a®� iom a enter.aAuuae►no,uutat+u w i0 re+d.in"Cx 'pA I=1"P MCRAMSOM CnUIM"fl10r! pfy,y ry� •MR L Lem 1Wd01W'le6 i tCKUP NN" e 6.60101m.rtubw I1001M L rtO�Of O,YR�6�t1OW� h U.P.roomµp Mr. W. E. Ryder 6ftwh. Cupertino City Clerk Feb. 19, 1969 10300 Torre Avenue Cupertino, California 95014 Your letter of Feb. 17, 1969 Dear Mr. Ryder: This is to acknowledge receipt of the statement(s), filed as required by Section 54900, et seq., of the Government Code by which territory designated as Cordova 68-5 was annexed to the City of Cupertino by Ordinance No. 419 on February 6, 1969: O � ® Rfr�n*iEp ' x Legal description(s) of bound eRik 20 11) =:ap(s) shcr;'ng boundaries ?esolution(s) No. rpm x urdinance(s) No.419 _5 _ trier: Address Lists. 9 'i1e 1 -,card roll will reflect the action aviden.c•ad by '.e above sta-ement(s) unless it is found to be inade- quate. If it is found to be inadequate or its validity for assessmer.- - taxation: purposes is questioned, we will I' ne such a situation to your attention. A copy of this acknowledgment has been sent to the Department ofa iness Taxes. If they need additional in- for:-a-ion for lccal sales and use tax purposes they will noti°�- you. Ver truly yours, eo L. EASTMAN, Chief ® cc-Mr. Dwight L. Mathiesen VAL ATION DIVISION Santa Clara County Assessor cc-Local Tax Unit - Room 423 � ,tJyr' r 3b9 g 1 Apra e, 1969 MR. Sam Aoderem. My Attorney City of copestim 1N57 Big Basin Way Saratoga, California 95070 Dear Mr. Anderaoa: we are transaitting herewith certified copies in triplicate of all documents pertaining to Annexation de- signated as "Cordova 68-5". A list of documents transmitted is also enclosed. Vary truly yours, CITY OF CUpMtNO Ya, E. Ryder City Clerk Encls. /Dd 1 City of Cupertino COMA 68-g Chronologiool 10,0ting of Documents #►j$i AS Petition e,•_LAFIJD f©r Annexation #A0/68 Letter to Colamty ftb6rd from Engineering 0epwtment t' transmitting naocs 9/16/66 Notice of Hearing before LAFCO 9/17/68 Protest to LAFCO by Ramon M. and Agnes H. Nunez 9/18/68 Protest to LAFCO by Henry L. and Alice C. M iley 9/20/68 Report of LAFCO officer 9/20/68 Transmittal of Protests to Cupertino from Clerk of :ounty Board 10/1/68 LAFCO Resolution No. 68-292 approving proposal 10/10/68 Petition to City Council by Proponents 10/11/68 Letter from LAFCO correcting Exhibit "A" and Map 10/21/68 _cL ncil Agenda for Regular meeting 10/21/68 -esolution No. 1703 ter to Cupertino Courier re yest'n� ��¢i+b���9�8of 1703 C ruges of Regular Meeting of �ity �o n rurc ase Order requestin ublicatio of RRgg plut:ion 1703 10/23/68 Letters of Transmittal ot9l�esolution�lo 1/$1 to W. Larson, Marianist Province, Harold Provence I1/6/68 _-rnyvale Standard Proof of Publication, Res. No. 1703 11/6/68 :_pertino Courier Proof of Publication, Res. No. 1703 12/16/68 Council Agenda for Regular Meeting of 12/16/68 12/16/68 -"^utes of Regular Meeting of City Council 12/16/68 12/16/68 -rdinance No. 419 12/16/68 Letter of Protest from Leo V. and Joan M. Skinner Undated 'tiQ List of Registered Voters Undated 2) List of Registered Voters 12/30/68 Letter from 13 Signators to City Council requesting cessation of proceedings ' 0 1 112/69 Petition, or Protest of Annexation without e'leetlu)al 119/69 Meuo to City Covie7l from City Engineer re questllion of registered voters 1,10 /69 Cw=i 1 Ageli4W f4t,'i isi ar Meet i rig 116/69 1*"� Mirwtes of Regplar Meeting of City Council. 1/610 1'd /69 Cupertino Corer i er `News Article IAS/69 Proof of Pubticetion, Ordinance 419 1122/69 Letter to Editor of Cupertino Courier 2/5/69 Letter to Secretary of State 2/6/69 Certification of Annexation by Secretary of State 2/7/69 memo to City Clerk from Engineering Department trans- mitting addresses 2/17/69 Transmittal Letters for Ordinance 419 (20 letters) Undated street Addresses for "Cordova 68-5" 2/19/69 _rate 6d. of Equalization - a.knowled9ing receipts 4/2/69 pertino Courier News Letter 4/3/69 ;ac-lation of Property ;owners, Assessed Valuation and Percentages by Proponents and Opponents Undated L'st of Property Owners and Addresses Undated Ya`u!-ation of Parcels, Property Owners, Assessments and Percentages