Ordinance 084ORDINANCE N0, 84
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS
UNINHABITED TERRITORY, DESIGNATED "BLANEY No, 3", TO THE CITY
OF CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300
ET SEQ. OF THE GOVERNMENT CODE OF CALIFORNIA,
BLANEY N0. 3
WHEREAS, on the 5th day of January, 1959, the Council of
the City of Cupertino did pass and adopt Resolution No. 112
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. 3", 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 5th day of January, 1959 Pass and adopt a Resolution
for the proposed annexation of said uninhabited territory, here-
inafter described, 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
Mercury, 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 16th day of FebrY~.iary, 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 dale of the passage of
said Resolution; and
WHEREAS, at the said hearing there were no 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 assess-
ment roll of the County of Santa Clara, State of California, and
as determined by the City Council; and
Wh.ERi~,AS, 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, convenience, necessity and general 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 J... 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:
c
BLA NEY NO . 3
Beginning at the point of intersection of the center line
of Blaney Avenue with the northwesterly prolongation of the
northeasterly line of Tract No. 2076, Life Village, Unit No. 1,
a map of which is filed for record in Book 93 of Maps, page ~-6,
Santa Clara County Records; thence northwesterly along said
northwesterly prolongation of the northeasterly line of Tract
No. 2076, to the intersection thereof with the westerly line
of Blaney Avenue (1-I-0 feet wide); thence southerly along said
westerly line of Blaney Avenue to the intersection thereof with
the northeasterly line of Bollinger Road, as it formerly existed
40 feet wide; thence southeasterly along the southeasterly
prolongation of said northeasterly line of Bollinger Road to the
intersection thereof with the center line of Blaney Avenue;
thence northerly along said center line of Blaney Avenue to
the point of beginning.
SECTION 2. Pursuant to the provisions of the said Government
Code of California, the City Clerk shall and he is here'py directed
to file with the Secretary of State of the 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 un-
constitutional, void, or invalid, by any court of competent ,juris-
diction, 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, Passed and
adopted at a regular meeting of the City Council of the City of
Cupertino on the 2nd day of March, 1959, by the following vote:
AYES: Councilmen: Nathanson, Pelosi, Saich, Wilson
NOES: Councilmen: None
ABSENT: Councilmen: Lazaneo
APPROVED:
ATT 'T:
~~ ~~. -~,
Cit Clerk
Mayor, 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. 8~-
on file on my office and that the same has been published pursuant
to law.
IN W TNESS WHERE ,F I haXe hereunto set my hand and City Seal this
~_ day of ~^-~'~`- , lg6 Z .
City Clerk
ORDINANCE N0. 85
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF
ORDINANCE N0. 2 BY RECLASSIFYING A CERTAIN PORTION OF THE CITY
OF CUPERTINO FROM AN R-l:B-2 DISTRICT TO AN R-1 DISTRICT.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
WHEREAS, on January 27~ 1959, an application was filed by The
Town and Country Realty Co., Inc, for the rezoning of property from
an R-l:B-2 Distract to an R-1 District; and
WHEREAS, upon due notice and after two public hearings the
Planning Commission recommended to the City Council that the re-
classification be granted; and
WHEREAS, the property to be rezoned is presently in an R-l:B-2
District; and
WHEREAS, a map of the subject property is attached hereto as
Exhibit "A" as a proposed amendment to the Master Zoning Map of the
City of Cupertino;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section I. That the following described property, be and hereby
is zoned to R-1 classification and that Exhibit "A" attached hereto
is made part of the Master Zoning Map of the City of Cupertino:
All that certain real property situate in the City of
Cupertino, County of Santa Clara, State of California, described
as follows:
Beginning at a point in the Northerly line of McClellan Road,
distant thereon 15 chains Easterly from the point of intersection
of said line of McClellan Road, with the Easterly line of Stelling
Road; thence Northerly and parallel with the Easterly line of
Stelling Road, a distance of 1320.00 feet; thence Eastex'~y and
parallel with the No rtherly line of McClellan Road a distance of
330.00 feet; thence Southerly and parallel with the Easterly line
of Stelling Road, a distance of 5.28 feet; thence Easterly and
parallel with the Northerly line of McClellan Road, a distance of
70.00 feet; thence Southerly and parallel with the Easterly line
of Stelling Road a distance of 131-.72 feet; thence Westerly along
said Northerly line of McClellan Road a distance of ~-00.00 feet, to
the point of beginning and being a portion of Sec. 13 T. 7 S. M.D.M.
Section II. This Ordinance shall take effect and 'oe in force
thirty 30 days after its passage, and before the expiration of
fifteen (15) days from and after its passage, this Ordinance shall be
published once with the names of the members voting fo r or against
the same in the Cupertino Courier, a newspaper published in said
County of Santa Clara.
Introduced at a regular meeting of the City Council of the
City of Cupertino on the 2nd day of March, 1959• Passed and adopted
at a regular meeting of the City Council of the City of Cupertino on
the 16th day of March, 1959, by the following vote:
AYES: Councilmen: Lazaneo, Nathanson, Pelosi, Saich, Wilson
NOES: Councilmen: None
ABSENT: Councilmen: None
test: Approved:
City Clerk Mayor, City of Cupertino