Ordinance 30ORDINANCE N0, 30
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS
UNINHABITED TERRITORY, DESIGNATED "HOMESTEAD N0.3-C-REVISED", TO THE
CITY OF CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300
ET SEQ. OF THE GOVERNMENT CODE OF CALIFORNIA.
HOMESTEAD N0.3-C-REVISED
WHEREAS, on~the 20th day of August, 1956, the Council of
the City of Cupertino did pass and adopt Resolution No. 26 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 N0,3-C-REVISED", and said Resolution
describing 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 20th day of August, 1956, pass and adopt a Resolution for the
proposed annexation of said uninhabited territory, hereinafter des-
cribed, lying outside of and being contiguous to the boundaries of
the City of Cupertino, in which said Resolution 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 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) days prior to such hearing in three
(3) conspicuous places within the City of Cupertino, to which it is
proposed to annex such uninhabited territory, to be hereinafter des-
cribed, proof of said posting haying been made by the affidavit of
the Clerk on file in the City Office of said City; and
WHEREAS, such hearing was. held pursuant to said notice
contained in said Resolution on the 17th day of Septembers, 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 the date of the passage of said
Resolution;. and
WHEREAS, at the said hearing there were na protests by any
owner or owners of one-half (1~2) of the value of the territory pro-
posed to be annexed, according to the last equalized assessment roll
of the County of Santa Clara, State of California, 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 Govern-
ment Code of California, and that it is for the best interest, con-
venience, 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 terri-
tory 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 more particularly described
as follows, to-wit:
All that real property situate in the County of Santa
Clara, State of California, described as follows:
Beginning at the southwesterly corner of that certain tract
of land conveyed to Anna and Norman J. Nathanson by Deed re-
corded October 8, 1951, Book 2296, Official Records, page
558, Santa Clara County Records; said point of beginning
being on the City Limits line of the City of Cupertino as
incorporated; thence westerly a-long the northerly line of
that certain tract of land conveyed to John and Anton Saich
by Deed recorded the 5th day of April, 1941, Book 1036,
Official Records, page 199, Santa Clara County Records, to
the easterly line of that certain tract of land conveyed
to John P. Gluhaich by indenture recorded December 27, 1927,
volume 369 Official Records, page 325, Santa Clara County
Records; thence no rtherly along the easterly line of said
tract to the cent er line of Homestead Road; thence- easterly
along the center line of Homestead Road to easterly line of
that 25 acre tract of land conveyed to the Cupertino Ele=
mentary Union School District by Deed recorded July 3, 1953,
volume 2694 Official Records, page 6, Santa Clara County
Records; thence northerly along the easterly line of the
said 25 acre tract of land to the northeast com er of said
25 acre tract of land; thence westerly along the northerly
line of said 25 acre tract of land to the section line be-
tween Section 10 and 11 Township 7 South Range 2 West M.D.B,
and M; thence southerly along the said section line between
said sections 10 and ll to its intersection with the center-
line of Homestead Road; thence westerly along the centerline
of Homestead Road to the northwest corner of that certain 40
acre tract of land conveyed to John P. Gluhaich by Deed
recorded December 27, 1927, in Book 369 Official Records at
page 325, Records of Santa Clara County; thence from said
northwest corner of said ~I.O acre tract of land southerly
along the westerly line of aforesaid 40 acre tract to its
intersection with the northerly property line of the Southern
Pacific Railroad Company's right of way; thence northwesterly
along the northerly line of said Railroad right of way to
its intersection with the center line of Stevens Creek thence
southerly and upstream along said center line of Stevens
Creek to its intersection with the southwesterly line of the
Peninsular Railway (Southern Pacific) thence northwesterly
along the southwesterly line of said railroad right of way
to its int ersection with the northerly line of that certain
8.051 acre parcel of land conveyed to Lazar J. Grce by deed
dated December 22, 1925, and recorded in Vol. 203 Official
Records at Page 463 Records of Santa Clara County; thence
westerly along the northerly line and its easterly prolonga-
tion of the above mentioned 3.051 acre parcel of land to its
intersection with the easterly line of the Mr. View-Stevens
Creek Road; thence southerly along the easterly line of the
Mt. View-Stevens Creek Road to its intersection with the
southerly line of that certain 10 acre tract of land conveyed
to Eli Gasich and Catherine ~~asich by Deed recorded August
21, 1942, in Book 1110 Official Records, page 243, Santa
Clara County Records; thence easterly along the southerly
line of said 10 acre tract of land to its intersection with
the centerline of Stevens Creek; thence southerly and up-
stream along the center line of Stevens Creek to its inter-
section with the northerly lane of Stevens Creek Road;
thence easterly along the northerly line of Stevens Creek
Road to its intersection wit:z the westerly line of that
certain 3.079 acre parcel of land conveyed to Jeffrey
Investment Co., Inc. by deed dated Jan. 3, 1956, and recor-
ded in Volume 3383 Official :Records at page 175 of the
Official Records County of S:~,nta Clara; thence northerly
along the westerly line of s.~,id 3.079 acre parcel of land
to its intersection with the southerly line of Tract 1390
as shown on that certain map entitled Tract No. 1390 Mann
Craft Manor Unit 1, recorded in Book 54 of Maps at page 31,
Official Records County of S:~.nta Clara; thence northerly
along the westerly line of s<~,id Tract 1390 to its inter-
section with the southerly lane of Tract No. 1570 as shown
and delineated on that certain map of the Mann Craft Manor
Unit No. 2 as recorded in Bo~~k of Maps 63 at page 11, Records
of Santa Clara County; thence northerly along the westerly
line of said Tract No. 1570 to its intersection with the
southerly line of Tract No. ,1647 as shown and delineated
on that certain map of Mann raft Manor Unit No. 3 as re-
corded in Book of Maps No. 6~3 at page 8 Records of Santa
Clara County; thence northerly and easterly along the wes-
terly and northerly lines of said Tract No. 1647 to its
intersection with the southwesterly line of the Southern
Pacific Railroad right of way; thence southeasterly along
said southwesterly line of said right of way to its inter-
section with the westerly prolongation of the southerly
line or that certain 50 acre tract of land conveyed to John
and Anton Saich by Deed recorded April 5, 1941, in Book 1036
Official Records, page 199, Records of Santa Clara County;
thence easterly along the westerly prolongation and the
southerly line of said 50 acre tract of land to its inter-
section with the westerly city limits line of the. City of
Cupertino as incorporated; thence northerly along said city
limits line to the point of beginning.
Section 2. Pursuant to the provisions of the said Govern-
ment 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.
Sec'cion 4. If any section, subsection, sentence, clause,
phrase, or 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.
Introduced at a regular meeting of the City Council of the
City of Cupertino on the 1st day of October, 1956. Passed and adopted
at a regular meeting of the City Council of the City of Cupertino on
the 15th day of October, 1956, by the following vote:
AYES: Councilmen: Lindenmeyer, Meyerholz, Nathanson, Saich,
Wilson
NOES: Councilmen:
ABSENT: Councilmen:
A PPROVED:
/s/ Warner M. Wilson
Mayor of the City of upertino
'TTEST:
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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. 30
on file in my office and that the same has been published pursuant
to law.
I~ ~IITNESS WHE~,,~ave here~}to set my hand and City Seal this
QQ,,'~~ day o f ~~ , 19 b ~'
~ ~ ~. ~,
City lerk