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Ordinance 33ORDINANCE N0. 33 A N ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS UNINHABIT- ED TERRITORY, DESIGNATED "HOMESTEAD N0. ~-C TO THE CITY OP CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA HOMESTEAD N0. ~--C WHEREAS, a petition signed by owners of not less than one-fourth of the land in the hereinafter described territory by area and by assessed value as shown on the last equalized roll of the County of Santa Clara, was duly filed with the Council of the City of Cupertino requesting annexation of the hereinafter described territory to said City; that said territory lies outsi de of and is contiguous to the boundaries of the City of Cupertino, and, WHEREAS, the City Council of the City of Cupertino did, on the 7th day of January, 1957, pass and adopt a Resolution for the pro- posed annexation of said territory to the City of Cupertino, on 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 haying 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 pub- lished at least twice, but not more often than once a week, in the Cupertino Courier, a newspaper of general circulation published with- in the City of Cupertino, and in the Santa Clara News, a newspaper of general circulation published within the County of Santa Clara, the county in which is located the territory proposed to be annexed, said publication being complete at least twenty days prior to the date set for hearing. WHEREAS, such hearing was held pursuant to said notice contained in said Resolutirn on the 18th day of February, 1957, 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 Resol- ution, and WHEREAS, at the said hearin there were no valid protests by any owner or owners of one-half ~2) of the value of the territory proposed to be annexed, according to the last equalized assessment roll of the County of Santa Clara, State of California, and as deter- mined 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, conven- ience, 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 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: PROPOSED ANNEXATIOTf TO CITY OF CUPERTINO HOME~~TEAD ~-C Beginning at the point of ir..tersection of the northeasterly boundary of the Peninsula Railroad (Southern Pacific Company) right of way and the center line of Stevens Creek, said point of beginning being also the northwesterly corner of Homestead "3C Revised" Annexation to the City of Cupertino and approved by the State of California November 195Ej thence from said point of begin- ning northeasterly and downstream.along the center line of Stevens Creek to its intersection with the center line of Homestead Road also known as Young Road; thence westerly along the center line and its westerly pz°~longation of Homestead Road to its intersection with the northeasterly line of the right of way of the Peninsula Railroad (Southern Pacific Company); thence southeasterly along the north- easterly line of said railroad right of way to the point of beginning. All of the area to be annexed is within section 10, Township 7, South Range 2 West, Mount Diablo Base and Meridian. 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 annexation of the said uninhabited territory be paid, and that the same be and they are hereby allowed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held to be uncon- stitutional, 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 nth day of March, 1957, and passed at a regular meeting of the City Council on the 18th day of March, 1957, by the following vote: AYES: Councilmen: Lindenmeyer, Meyerholz, Nathanson, Saich, Wilson NOES: Councilmen: (None ABSENT: Councilmen: (None Approved: /s/ Warner M. Wilson Mayor, City of Cupertino Attest: ~ ~,~ . 4.-c~--~x ~ 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 ~:orrect copy of Ordinance No. 33 on file in my office and that ~~he same has-been published pursuant to law. IN WITNESS WHEREOF I have hereunto set my hand and City Seal this ~- day of V~.~.~-~...`s~, , l~~ ,,,-Z / / City lerk