Ordinance 11ORI)INA NCE NO . 11
AN ORDINANCE APPROVING THE ANNEXA'.PION OF CERTAIN CONTIGUOUS UNINHABITED
TERRITORY, DESIGNATED "HOMESTEAD J~O. 1-C", TO THE CITY OF CUPERTINO
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300 ET SEQ. OF THE
GOVERNMENT CODE OF CALIFORNIA.
HOM)~STEAD N0. 1-C
WHEREAS, on the 23rd day of January, 1956, the Council of the
City of Cupertino did pass and adept Resolution No. 7, initiating on
its own motion and giving notice cif the proposal to annex certai
uninhabited territory to the City of Cupertino, said territory being
therein designated as "HOMESTEAD ]J0. 1-C", and said Resolution des-
cribing the boundaries of the territory so proposed to 'pe annexed to
said City and reciting the reason. thereof; and
WHEREAS, the City Council of the City of Cupertino did, on the
23rd day of January, 1956, pass and adopt a Resolution for the proposed
annexation of said uninhabited territory, hereinafter described, lying
outside of and being contiguous t~~ the boundaries of the City of
Cupertino, in which said Resoluti~~n notice of the day, hour and place
when and where any person owning :real property within such territory
so proposed to be annexed and having any objections to the proposed
annexation might appear before th~~ legislative body and show cause
why such territory should not be so annexed; and
WHEREAS, said Resolution was duly, regularly and lawfully osted
not less than twenty (20) days pr.L~.or to such hearing in three (3~
conspicuous places within the Cit;~ of Cupertino, to which it is pro-
posed to annex such uninhabited territory, to be hereinafter described
proof of said posting having been made by the affidavit of the Mayor
on file with the City Clerk of said City; and
WHEREAS, such hearing was he:Ld pursuant to said notice contained
in said Resolution on the 5th day of March, 1956, at the time and
place fixed therein; and
WHEREAS, such hearing was not less than fifteen (15) days nor
more than fifty (50) days from th~~ date of the passage of said Resolu-
tion; and
WHEREAS, at the said hearing there were no protests by any owner
or owners of one-half (1~2) of th~~ value of the territory proposed to
be annexed, according to the last equalized assessment roll of the
County of Santa Clara, State of C;~,lifornia, and as determined by the
City Council; and
WHEREAS, the City Council fi:zds that the territory proposed to be
annexed is contiguous to the boun~~.aries of the City of Cupertino, and
that the same is uninhabited territory as defined by said Government
Code of California, and that it is for the best interest, convenience,
necessity and general welfare of 'the people of the City 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:
Section 1. That the annexation of the uninhabited territory
hereinafter described be, and the same is hereby
approved, and that said territory be, and the same is hereby annexed
to the City of Cupertino and is mere particularly described as follows
to wit:
All thatreal property situate in the County of Santa Clara,
State of California, described as follows:
Beginning at a point in the center line of Homestead Road,
said point being also the northwesterly corner of that certain
parcel of land conveyed to JoYznn. Komenovich, et ux, by deed
recorded in Book 1289, Official Records, page 78, Santa Clara
County Records; thence southerly along the westerly line of
said parcel, said line being also an easterly boundary line
of the City of Cupertino, to the southwesterly corner thereof,
said point being also on the northerly line of Tract No. 682,
Garden Gate Village, Unit No. 2, a map of which is recorded
in Book 26 of Maps, pages 2?~ and 25, Santa Clara County Records;
thence easterly along the southerly line of said parcel of
land as conveyed to John Komenovich, et ux, to the southeasterly
corner thereof; thence northerly along the easterly line of
said parcel of land as conveyed to John F~omenovich, et ux, to
the northeasterly corner thereof, said point being also on the
center line of Homestead Road; thence westerly along the center
line of said Homestead Road to point of beginning.
Section 2. Pursuant to the provisions of said Government Code
of California, the City Clerk shall and he is hereby
directed to file with the Secretary of State of California a certified
copy of this Ordinance immediately upon the said Ordinance becoming
effective.
Section 3. That all expenses of proceedings for the annexation
of the said uninhabited territory be paid, and the
same be and they are hereby allowed.
Section ~-. If any section, subsection, sentence, clause, phrase
of portion of this Ordinance is, for-any 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.
vote:
Passed and Adopted this 19th day of March, 1956, by the following
AYES: Councilmen: Lindenmeyer, Meyerholz, Nathan son, Saich,
Wilson
NOES: Councilmen: None
ABSENT: Councilmen: Alone
A PPROVED:
/s/ R. E. Lindenmeyer
Mayor, City of Gtzper~no
''TEST: / i J
City Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 11
on file in my office and that the same has been published or posted
pursuant to law.
~ITNaySofHE OF, I ve h19eu~t~ set my hand and City Seal this !
~~ ~~.
City Clerk