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Ordinance 083ORDIAA NCE N0. 83 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS UNINHABITED TERRITORY, DESIGNATED "McCLELLAN N0. 1-A" TO THE CITY OF CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300 ET-SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. McCLELLAN N0. 1-A 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 assessment 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; whereas 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 5th day of January, 1959, 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 pro- posed 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 contained in said Resolution on the 16th day of February, 1959, at the time and place fixed therein; and WHEREAS, such hearing was not less than forty (~-0) days nor 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; a:zd WHEREAS, the City Council fi:zds that the territory proposed to be annexed is contiguous to th~~ boundaries of the City of Cupertino, and that the same is u:Zinhabited territory as defined by said Government Code of California, and that it is for the best interest, convenience, of Cuperti:~zo that the said territory be annexed to said City of Cupertino. NOW, THEREFORE, the City Cou:zcil 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 i~~ hereby annexed to the City of Cupertino and is more particularl;~ described as follows, to-wit: All that real property situa~ce in the County of Santa Clara, State of California, described as follows: McCLEL_!~AN N0, 1-A Beginning at a point on the ~~resent City Limits Line of Cupertino at the southwesterly 1i71e of the Southern Pacific Company~s Right of Way Los Altos Branch, Ma~rfield to Vasona Junction, said point of beginning also being on the westerly prolongation of the northerly line of Monta Vista, First Addition, a map of which is filed for record in Book "P" of Maps, page 23, Santa Clara County Records; thence southeasterly along the said southwesterly line of Southern Pacific Company's Rag ht of Way to the intersection thereof with the easterly line of Tract No. 651, Knoll Vista, a map of which is filed for record in Book 24 of Maps, page 39, Santa Clara County Records; thence southerly along the said easterly line of Tract No. 651 and its southerly prolongation to the intersection thereof with the center line of Stevens Creek Road; thence easterly along said center line of Stevens Creek Road to the southwest corner of that cer- tain parcel of land conveyed to Charles Rifredi, et ux, by deed recorded in Book 1051, Official Records, page 531, Santa Clara County Rec©rds; thence northerly and easterly along the westerly and northerly lines of said parcel conveyed to Charles Rifredi, et ux, to the northwest corner of that certain parcel of land conveyed to Charles Rifredi, et ux, by deed recorded in Book 546, Official Records, page 429, Santa Clara County Records; thence easterly and southerly along the northerly and easterly lines of said last mentioned parcel conveyed to Charles Rifredi, et ux, to the intersection thereof with the said center line of Stevens Creek Road; thence easterly along the said center line of Stevens Creek Road to the intersection thereof with the said southwesterly line of the Southern Pacific Company's Right of Way; thence southeasterly along said southwesterly line of Right of Way to the intersection thereof with the easterly line of Subdivision No, 1, Town of Monta Vista, a map of which is filed for record in Book "P" of Maps, page 24, Santa Clara County Records; thence southerly along the said easterly line of Subdivision No, 1, Town of Monta Vista, and its southerly prolongation to the intersection thereof with the northerly line of that certain parcel of land conveyed to America Marchi, et ux, by deed recorded in Book g82, Official Records, page 186, Santa Clara County Records; thence westerly and southerly along the northerly and westerly lines of said parcel as conveyed to Amerigo Marchi, et ux, to the northeast corner of that certain parcel of land conveyed to Thorr~.s S. Costa, et ux, by deed recorded in Book 1260, Official Records, page 404, Santa Clara County Records; thence westerly and southerly along the northerly and westerly lines of said parcel as conveyed to Thomas S. Costa, et ux, to the southeasterly corner of Lot 24, Tract 300, Noonan Subdi- vision No. 2, a map of which is filed for record in Book 10 of Maps, page 16, Santa Clara County Records; thence westerly along the southerly line of said Lot 2 to the intersection thereof with the easterly line of that certain parcel of land conveyed to Tilford Shockley, et ux, by deed recorded in Book 3680, Official Records, page 456, Santa Clara County Records; thence southerly and westerly along the easterly and southerly lines of said parcel as conveyed to Tilford Shockley, et ux, to the intersection thereof with the easterly line of Orange Avenue (40 feet wide); thence southerly along said easterly line of Orange Avenue and its southerly prolongation to the intersection thereof with the center line of McClellan Road; thence westerly along said center line of McClellan Road to the intersection thereof with the northerly prolongation of the easterly line of Colony Tract, Monta Vista, a map of which is filed for record in Book "P" of Maps, page 21, Santa Clara County Records; thence southerly and westerly along the easterly and southerly lines of said Colony Tract to the westerly line of Section 23, T. 7 S., R. 2 W., M. D. B. 8c M.; thence southerly along said westerly line of Section 23 to the southwest corner of the Northwest 1~4 of said Section 23; thence easterly along the southerly line of said Northwest 1~4 of Section 23 to its intersection with the westerly line of that certain parcel of land conveyed to Rosario Cali by deed recorded in Book 1445, Official Records, page 220, Santa Clara County Records; thence southerly and east- erly along the westerly and southerly lines of said parcel as conveyed to Rosario Cali to the intersection thereof with the westerly line of that certain parcel of land conveyed to Edward S. J. Cali, et ux, by deed recorded in Book 2114, Official Records, page 102, Santa Clara County Records; thence nor therly and easterly along the westerly and northerly lines of said par- cel as conveyed to Edward S. J. Cali, et ux, to the center line of Bubb Road; thence northerly along the said center line of Bubb Road to the intersection thereof with the easterly prolongation of the northerly line of said parcel conveyed to Rosario Cali; thence westerly along said easterly prolongation and the northerly line of said parcel cor..veyed to Rosario Cali to the intersection thereof with the southerly prolongation of the westerly line of that certain parcel of land conveyed to Antonio Vicovich by deed recorded in Book: 19~+ of Deeds, page 380, Santa Clara County Records; thence northerly along said southerly pro- longation and the westerly line cf said parcel conveyed to Antonio Zicovich and the easterly line of that certain parcel of land conveyed to Lois A. Denton ty deed recorded in Book 1211, Official Records; page 152, Santa Clara County Records., and the northerly prolongation of the said easterly line of parcel as conveyed to Lois A. Denton to the intersection thereof with the center line of McClellan Road; tr.ence easterly along the said center line of McClellan Road to the intersection thereof with the southerly prolongation of the westerly line of that certain par- cel of land conveyed to Frank Luiz, Jr., et ux, by deed recorded in Book 2932 of Official Records, page 13~-, Santa Clara County Records; thence northerly, easterly and southerly along the southerly prolongation of the westerly line, the westerly line, the northerly line, the easterly line, and the southerly pro- longation of the easterly line of said parcel as conveyed to Frank Luiz, Jr., et ux to the intersection thereof with the said center line of McClellan Road, tr.ence easterly along the said center line of McClellan Road to the intersection thereof with the southerly prolongation of the westerly line of that certain parcel of land conveyed to Onorir.a Krilitich by deed recorded in Book 1262, Official Records, Page 112 Santa Clara County Records; thence northerly along the southerly prolongation of the westerly line, the westerly line, and the northerly pro- longation of the westerly line of said parcel as conveyed to Onorina Krilitich to the intersection thereof with the north- easterly line of said Southern Pacific Company's Right of Way; thence northwesterly parallel with and 32.00 feet perpendicular distance northeasterly from the center of Sots kern Pacific Company's track and along said northeasterly line of Southern Pacific Company's Right of Way to the intersection thereof with a City Limits line of Cupertino, and the northerly line of said Monta Vista, First Addition; thence westerly along the said City Limits Line and the westerly prolongation of the northerly line of said Monta Vista, First Addition, to the point of beginning. SECTION 2. Pursuant to the provisions of the said Government Code of the State 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 ~. If any section, 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 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 16th day of February, 1959, and passed at a regular meeting of the City Council on the 2nd day of March, 1959, by the following vote: AYES: Councilmen: Nathanson, Pelosi, Saich, Wilson NOES: Councilmen: None ABSENT: Councilmen: Lazaneo ATTE City Clerk A PPROVED: Mayor, City of Cupertino