Loading...
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