Ordinance 52ORDINANCE N0. 52
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS
UNINHABITED TERRITORY, DESIGNATED "BLANEY 2" TO THE CITY OF
CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300 ET.
SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA
CUPERTINO BLANEY 2
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 Counc it of the City
of Cupertino requesting annexation of the hereinafter described
territory to said City; that said territory lies outsti.e 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 19th day of May, 1958, pass anal 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 wit hin 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 Mercury, a news-
paper 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 con-
tained in said Resolution on the 7th day of July 1958, at the time
and place fixed therein; and
WHEREAS, such hearing was not less than fifteen (15) days no"
more than sixty (60) days from the date of the passage of said
Resolution, 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
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 Government 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 Counc~_1 of the City of Cupertino does
hereby ordain as follows:
SECTION 1. That the annexation of the uninhabited Cerrito ry
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:
CUPERTINO ANNEXATION BLANEY 2
Beginning at the northeast corner of that certain parcel of
land conveyed to Roy W. Larson, et ux, by deed recorded in Book
2862, Official Records, page 537, Santa Clara County Recor~l.s,
said corner being also in the celiter line of Calabazas Creek and
a point in the southerly line of the city limits of the City of
Cupertino; thence in a general southerly direction along said center
line of Calabazas Creek to the mast southerly corner of said lands
of Roy W, Larson, et ux; thence northwesterly along the south-
westerly line of said lands of Roy W, Larson, et ux, and the
northwesterly prolongation thereof to the intersection thereof
with the westerly line of Blaney Avenue (~+0 feet wide); thence
northerly along the westerly line of Blaney Avenue to the inter-
section thereof with the souther:ly line of that certain parcel of
land conveyed to Felice Depalma, et ux, by deed recorded in Book
3~-~+9~ Official Records, page 162;. Santa Clara County Records; thence
westerly, northerly, easterly, southerly and easterly along the
southerly, westerly, northerly, easterly, and a northerly line of
said lands of Felice Depalma, et ux, to the intersection thereof
with the westerly line of said B:LSney Avenue; thence northerly
along said westerly line of BlanE~y Avenue to the intersection there-
of with the westerly prolongations of the northerly line of Lot 16
of the Price Subdivision, a map of which is recorded in Book "N"
of Maps, page 7~+, Santa Clara Colanty Records; thence easterly along
said westerly prolongation and tree Northerly line of said Lot 16
to the northeasterly corner of s~~id Lot 16; thence southerly along
said easterly line of Lot 16 and the easterly lines of Lots 17 and
18 of said Price Subdivision to f; he intersection thereof with the
northeasterly line of that certain parcel ofla.nd conveyed to Roy
W, Larson, et ux, by deed recordE~d in Book 2868, Official Records,
page 388, Santa Clara County Re cc>rds; thence southeasterly along
said northeasterly line and the ~~outheasterly prolongation thereof
to the point of beginning.
SECTION 2. Pursuant to the provisions of the said Government
Code of California, the City Cler°k shall and he is hereby directed
to file with the Secretary of St~~te of California a certified copy
of this Ordinance immediately upon the said Ordinance becoming
effective.
SECTION 3. That all expensE~s of proceedings for the annexation
of the said uninhabited territor~~ 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
unconstitutional, void, or inval~.d, by any court of competent
,jurisdiction the validity of the remaining portion of this Ordinance
shall not be affected thereby.
Introduced at a regular meet-ing of the City Council of the City
of Cupertino on the 7th day of JL~ly, 1958, and passed at a regular
meeting of the City Council on tY~e 21st day of July, 1958, by the
following vote:
AYES: Councilmen: Lazaneo, N[eyerholz, Nathanson, Pelosi, Saich
NOES: None
ABSENT: None
Att t:
' City Clerk
Approved:
Mayor of the City of Cupertino
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. 52
on file in my office and that the same has been published pursuant to
law.
IN ITNESS W REOF I,~ave hereunto set my hand and City Seal this
`~ day ofH ~^ 19 ~ ~
City Clerk