Ordinance 12ORDINAI`ICE N0. 12
AN ORDINANCE APPROVING THE A1`INEXATION OF CERTAIN CONTIGUOUS
UNINHABITED TERRITORY, DESIGTIATED "HOMESTEAD N0. 2-C", TO
THE CITY OF CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 35300 ET SEQ. OF THE GOVERNMENT CODE OF CALIFORNIA
HOMESTEAD NO . 2- C
WHEREAS, on the 23rd day of ~~anuary, 1956, the Council of the
City of Cupertino dick, pass and adopt Resolution No. 8, initiating
on its own motion and giving notice of the proposal to annex certain
uninhabited territory to the City of Cupertino, said territory being
therein designated as "HOMESTEAD r10. 2-C", and said Resolution des-
cribing the boundaries of the territory so proposed to be annexed
to said City and reciting the reasons 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 uninh~:bited territory, hereinafter des-
cribed, lying outside of and being; contiguous to the boundaries of the
City of Cupertino, in which said f~esolution notice of the day, hour
and place when and where any person owning real property within such
territory so proposed to be annexE°d and having any objections to the
proposed annexation might .appear ~k~efore the legislative body and show
cause why such territory should not be so annexed; and
WHEREAS, said Resolution was duly, regularly and lawfully
posted not less than twenty (20) clays prior to such hearing in three
(3) conspicuous places within the City of Cupertino, to which it is
proposed to annex such uninhabitec! territory, to be hereinafter des-
cribed, proof of said posting hav3.ng been made by the affidavit of
the Mayor on file with the City C7_erk of said City; and
WHEREAS, such hearing was he7.d 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 nof; less than fifteen (15) days nor
more than fifty (50) days from thE° date of the passage of said
Resolution; and
WHEREAS, at the said hearing there were no protests by any owner
or owners of one-half (1~2) of thE~ value of the territory proposed
to be annexed, according to the lest-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 finds that the territory proposed to be
annexed is contiguous to the boundaries of the City of Cupertino, and
that the same is uninhabited territory as defined by said Government
Code of California, and that it ins for the best interest, convenience,
necessity and general welfare of i;he 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 herE~by annexed to the City of Cupertino
and is more particularly described as follows, to-wit:
Ali. that real property situai;ed in the County of Santa Clara,
State of California, described as follows:
Beginning at the intersection of the westerly pro-longation
of the northerly line of that; certain parcel of land as
conveyed to the Cupertino De Oro Club by deed recorded in
Book 550 of Deeds, page 2, Santa Clara County Records, with
the westerly line of the Saratoga-Sunnyvale Road; said
point being also an easterly boundary line of City of Cup-
ertino; thence easterly along the said westerly prolongation
and the northerly line of said parcel as conveyed to
Cupertino De Oro Club to the northeasterly corner thereof;
thence southerly along the easterly line of said parcel
as conveyed to Cupertino De Oro Club to the southeasterly
corner thereof, said point being also on the center line of
Homestead Road; thence westerly along the center line of
said Homestead Road and its westerly prolongation to its
intersection with the westerly line of said Saratoga-
Sunnyvale Road; thence northerly along the westerly line
of said Saratoga-Sunnyvale Road said line being also an
easterly boundary line of the City of Cupertino, to the
point of beginning.
Section 2. Pursuant to the provisions of the 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 annexa-
tion of the said uninhabited territory be paid, and that the same
be and they are hereby allowed.
Section ~-. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to
be unconstitutional, bold, or invalid, by any court of competent
jurisdiction, the validity of the remaining portion of this
Ordinance shall not be affected thereby.
PASSED AND ADOP`I
following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
'ED this 19th day of March, 1956, by the
Lindenmeyer, Meyerholz, Nathanson, Saich,
Wilson
(None)
(None)
Attest:
,~
(QQ~,~ Cam.,....
City Clerk
Approved:
/s/ Ralph E. Lindenmeyer
Mayo r
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. 12
on file in my office and that the same has been published pursuant
to law.
IN--WITNESS W ,REOF I ave hereunto set my hand and City Seal this
'~ ~-- day of 196 ~'
City Clerk