Ordinance 38ORDINANCE N0. ~
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS UNIN-
HABITED TERRITORY, DESIGNATED "BLANEY N0. 1-C REVISED", TO THE CITY
OF CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300
ET SEQ. OF THE GOVERNMENT CODE OF CALIFORNIA.
BLANEY N0. 1-C REVISED
WHEREAS, on the 16th day of September, 1957, the Council of
the City of Cupertino did pass and adopt Resolution No. 51 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 "BLANEY N0. 1-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
16th day of September, 1957, 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
published at least twice, but not more often than once a week, in
the Cupertino Courier, a newspaper of general circulation published
within the City of Cupertino, and in the San Jose 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 Resolution on the 4th day of November, 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
Resolution; and
WHEREAS, at the said hearin there were no 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 gener al 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 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 a point in the center line of Blaney Avenue, 50
feet wide, at the Northwesterly corner of that certain 16.89 acre tract
of land conveyed by Adam Becker and Elizabeth Becker, to Carl P. Becker
and Emma Becker, by Deed dated May 6, 1937 and recorded May 6, 1937
in Book 825 of Official Records, at page 82, Santa Clara County records
thence Westerly along the Westerly prolongation of the No rtherly line
of said 16.89 acre tract to the Lesterly line of Blaney Avenue as it
now exists; thence south along the Westerly line of Blaney Avenue to
the point of intersection of said Westerly line with the Northwesterly
prolongation of the Southerly line of said 16.89 acre tract; thence
Easterly along the Southerly line of said Tract South 83° 30' East
971.86 feet more or less, to the Southeasterly corner of said Tract;
thence along the Easterly line of said tract North 722.61 feet to the
southeasterly corner of that certain tract of land conveyed by Henry
C. Van Doren, Sr., and Geneva R. Van Doren, to L. H. Geraci and Clara
M. Geraci by deed dated and recorded May l~-, 195- in Book 287+ of
Official Records, at page 190, Santa Clara County Records; thence
South 89°38' West 766.E-9 feet to the Southwesterly corner of said
Geraci's land; thence North 0°52' East 115.75 feet to the Northwes-
terly corner of said last mentioned tract which is also a point on
the North line of the hereinabove mentioned 16.8 acre tract; thence
along the North line of said 16.89 acre tract 89 38' West 175.0 feet
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.
SECTION ~. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is, for any
reason, held to be unconstitution~.l, 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 18th day of November, 1957. Passed and
adopted at the regular meeting of the City Council of the City of
Cupertino on the 2nd day of December, 1957, by the following vote:
AYES: Councilmen: Meyerholz, Nathanson, Paizis, Saich, Wilson
NOES: None
ABSENT: None
APPROVED:
1
ATT / `
City Clerk
/s/ R. I. Meyerholz
Mayor of the City of upertino
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. 38
on file in my office and that the same has been published pursuant to
law.
IN~IITNESS WHERF~ F I have hereunto~~t my hand and City Seal this
'~ ~ day of ~• , 19
r ( .
City Clerk