Ordinance 46ORDINANCE N0. ~+6
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS UNINHAB-
ITED TERRITORY, DESIGNATED "CUPERTINO 1958-3" TO THE CITY OF
CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300 ET.SEQ.
OF THE GOVERNMENT CODE OF THE STATE OF CA LIFORNIA
CUPERTINO 1958-3
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 fuly filed with the Council of the City of Cupertino
requesting annexation of the hereinafter described territory to
said City; that said territory lies outside 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
17th day of February, 1958, pass and adopt a Resolution for the
proposed 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 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 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 San Jose Mercury, a newspaper
of general circulation published within the County of Santa C7~a,
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 7th day of April 1958, at the time and
place fixed therein; and
WHEREAS, such hearing was not less than fifteen (l5) days nor
more than sixty (60) days from the date of the passage of said
Resolution, and
WHEREAS, at the said hearing 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
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 and
convenience 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:
CUPERT:CNO ANNEXATION 1958-3
Beginning at the point of intersection of the westerly
line of Portal Avenue (50 feat wide) with the southwesterly
line of that certain parcel of land conveyed to Ray M. Inouye,
et al, by Deed recorded in Book 3125, Official Records, page
200, Santa Clara County Records; thence northwesterly along
the said southwesterly line of that parcel of land conveyed
to Inouye, said line being also a northeasterly line of the
City of Cupertino, to the southwesterly corner of said parcel
of Inouye; thence northerly ~rlong the westerly line of the
Inouye parcel and the no rtherly prolongation thereof to the
intersection with the northe~~ly line of that certain parcel
of land conveyed to Takeyuki Toma, et ux, by deed recorded
in Book 3162, Official Records, page 336, Santa Clara County
Records; thence easterly along the said northerly line of
that parcel of land conveyed to Toma to the northeasterly
corner thereof; thence in a direct line to the northwesterly
corner of that certain parce:L of land conveyed to Watura
Mine, et ux, by deed recorded in Book 388+, Offich,l Records,
page 292, Santa Clara County Records, thence easterly along
the northerly line of said p~~rcel of land conveyed to Mine
to the intersection thereof tiaith the easterly line of said
parcel; thence southerly along the easterly line of said
parcel to the intersection thereof with the southerly line of
said parcel; thence westerly along the said southerly line
and the westerly prolongation thereof to the intersection with
the easterly line of the parcel conveyed to Takeyuki Toma, et
ux, thence southerly along ttie said easterly line of the
parcel conveyed to Takeyuki ~~oma, et ux, and the southerly
prolongation thereof to the :~_ntersection with the northeast-
erly line of lot 53, Monte Vista, a map of which is filed for
record in Book "L" of Maps, ~~age ~+3, Santa Clara County
Records; thence southeasterl~r along the said northeasterly
line of Lot 53 to the northe~~sterly corner thereof; thence
southerly along the easterly line of said Lot 53 and the
easterly line of Lot 5~+ of skid Monte Vista to the northeast-
erly corner of that certain ;~a.rcel of land conveyed to George
Yamaoka, et al, by deed recorded in Book 3281, Official
Records, page l~-7, Santa Clara County Records; thence southerly
westerly, and southerly along; the easterly, southerly and
easterly lines and the southE~rly prolongation of the easterly
line of said parcel conveyed to Yamaoka to the intersection
thereof with the southerly line of Stevens Creek Road (g0 feet
wide); thence westerly along the said southerly line of
Stevens Creek Road to the intersection thereof with the
southerly prolongation of thE~ westerly line of Portal Avenue
(50)feet wide); thence northE~rly along the said southerly
prolongation of the westerly line and the westerly line of
Portal Avenue, said line being also an easterly line of the
City of Cupertino, 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 '_mmediately upon the said Ordinance
becoming effective.
SECTION 3. That all ex~~enses of proceedings for the
annexation of the said uninhabited territory be paid, and that the
same be and they are hereby allowE;d.
SECTION 4. If any sect'_on, 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 ~°emaining 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 7th day of Ap~:~il, 1958, and passed at a regular
meeting of the City Council on the 21st day of April, 195`3, by the
following vote:
AYES: Councilmen: Lazaneo, Meyerholz, Nathanson, Pelosi,
Saich
NOES: None
ABSENT: None
Approved:
~s/ Norman Nathanson
Mayor of the City of Cupertino
test: /
,~ . ~-
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. ~+6 on file in my office and that the same has been published
pursuant to law.
I~^ day of OF I have~ereunto~9e~t ~y hand and City Seal this
City Clerk