CC Resolution No. 089RESOLUTION NO. 89
RESOLUTION OF THE COUNCIL OF THE CITY OF CUi:ERTINO GIVING NOTICE
OF THE PROPOSED ANNEXATION OF C :RT" IIv UNIT. HABITED TERRITORY TO
SAID CITY DESCii1BING SAIL) TERRITORY AND DELSIGNATING IT BY THE
NAME HOMESTEAD 2: MAKING CERTAIN FINDINGS RESiECTING SAID
PROPOSAL: AND GIVING '`NOTICE OF TINE AND PLACE SAID COUNCIL WILL
HEAR PROTESTS THERETO. BE IT.RESOLVED 13Y THE COUNCIL OF THE
CITY OF CUPERTINO:
WHEREAS, on the 2nd day of June, 1958, there was filed
with the Council of the City of Cupertino a poti_tion requesting
the annexation to the City of Cure°.rtino all the territory
hereinafter described; and
WHEREAS, this Council has received e'i2'.d3nue snowing that,
and finds that, a written description of the proposal to annex
said territory to the City of Cupertino was filed with the
Secretary of the Boundary Commission of Santa Clara County,
California, on May 26, 1958, and that said Boundary Commission
has prepared, or caused to be prepared, a report to the proponents
or said annexation upon said annexation proposal, all as
required by law, and that said Boundary Commission has approved
the boundaries of said proposed annexation; and has received
evidence showing, and finds that the above mentioned petition
was not circulated, signed or filed with this Council until
after said Commission had made, or caused to be made said report
and had approved said boundaries; and
WHEREAS, this Council further has received evidence showing,
and finds;
(1) That said territory is situate immediately adjacent to
and touches and is contiguous to the boundaries of the City of
Cupertino; and
(2) That less than twelve registered voters resided within
said territory at the time the above mentioned petition was
filed with this Council, and that said territory is therefore
uninhabited; and
(3) That said petition is signed by owners of not less
than one - fourth of the land in said territory by area, and by
assessed value as shown on the last equalized assessment roll of
the County of Santa Clara, California, in which said County such
territory is situated; NOW, THEREFORE:
1.. NOTICE IS HERBY GIVEN that, pursuant to the provisions
of the Annexation of Uninhabited Territory Act of 1939, 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, California, requesting annexation of the
hereinafter described territory to said City of Cupertino as
uninhabited territory pursuant to the provisions of the Annexation
of Uninhabited Territory Act of 1ti39 of the State of California,
was filed with the Council of the City of Cupertino on June 2,
1958:
2. NOTICE IS HEREBY GIVEN: that Monday, July 21, 1958, at
the hour of 8:00 O'Clock P.1. of said day in the City Office,
City of Cupertino, California, is the time and place this Council
of the City of Cupertino will hear protests made by any person
ownin` real property within the territory, hereinafter designated
and described proposed to be annexed to the City of Cupertino.
At any time before the hour set for Dearing objections any owner
of property within the territory proposed to be annexed to the
City of Cupertino may file written protest against the annexation.
Said written protest shall state the name of the owner of the
property affected and the description and area of the said
property in general terms. At the time set for hearing protests,
or to which the hearing may be continued, said Council shall
hear and pass upon all protests so made.
- 2 -
3. The City Clerk of the City of Cupertino is hereby
directed to cause a copy of this resolution to be published in
the Cupertino Courier, a newspaper of general circulation in the
City of Cupertino and in the San Jose Ikiercury, a newspaper of
general circulation published outside the City of Cupertino but
within the County of Santa Clara, California, in the manner and
time as required by law, and to cause written notice of the
proposed annexation to be mailed to all persons or bodies to
whom such notice is required to be mailed by law, in the manner
and within the time required by law.
4. The territory proposed to be annexed to the City of
Cupertino is hereby described as EL 11 that territory situate in
the County of Santa Clara, State of California, bounded and more
fully described as follows:
CITY. Or ; CUPERTINO -- ANI EXAT ION HOMESTEAD 2
Beginning at the southeast corner of that certain parcel
of land conveyed to Peninsula Title Guaranty Company by deed
recorded in Eook 3065, Official Records, page 458, Santa Clara
County Records, said point being also in a northerly line of
the present city limits line of the City of Cupertino; thence
northerly along the easterly line of said lands of Peninsula
Title Guam , ,nty Company to the northwest corner of that certain
parcel of land conveyed to Louis H. Reynaud, et ux, by deed
recorded in Book 1j86, Official Records, page 543, Santa Clara
County Records; thence easterly along the northerly line of said
lands of Fleynaud to the intersection thereof with the westerly
line of that certain parcel of land conveyed to Norman J.
Nathanson, et ux, by deed recorded in Book 1164, Official
Records, page 316, Santa Clara County h ecords; thence southerly
along said westerly line of lands of Nathanson to the southeast
corner of that certain parcel of land conveyed to M. Jakovich,
et ux, by deed recorded in Book 1569, Official Records, page 39,;
Santa Clara County Records; thence westerly along the southerly
line of said lands of Jakovich to the point of beginning.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino on the 2nd day of June, 1958, by the
following vote;
AYES: Councilmen, Lazaneo, Meyerholz, Nathanson, Saich
NOES: Councilmen, None
ABSTAIN: Councilmen, Pelosi
ABSEI\i' : Councilmen, None
/ S/ Lawrence K. Martin
City Clerk
Signed and approved this 2nd day of June, 1958
L �l N. J. Nathanson
Mayor of the City of Cupertino