CC Resolution No. 113RESOLUTION NO. 113
RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO GIVING NOTICE
OF THE PROPOSED ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO
SAID CITY DESCRIBING SAID TERRITORY AND DESIGNATING IT BY THE
NAME MCCLELIAN 1A: MAKING CERTAIN FINDINGS RESPECTING SAID
PROPOSAL: AND GIVING NOTICE OF TIME AND PLACE SAID COUNCIL WILL
HEAR PROTESTS THERETO. BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF CUPERTINO:
WHEREAS, on the 5th day of January, 1959 there was filed
with the Council of the City of Cupertino a petition requesting
the annexation to the City of Cupertino of the territory here-
inafter described; and
WHEREAS, this Council has received evidence showing 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 December 31, 1958, and that said Boundary Commis-
sion has prepared, or caused to bE! prepared a report to the pro-
ponents of said annexation upon said annexation proposal, all
as required by law, and that said Boundary Commission has approved
the boundaries of said proposed arnexation;aand 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 HEREBY 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 1939 of the State of California, was
filed with the Council of the City of Cupertino on January 5, 1959.
2. NOTICE IS HEREBY GIVEN that Monday, February 16 1959
at the hour of 8:00 O'Clock P.M. 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
owning real property within the territory, hereinafter designated
and described proposed to be annexed to the City of Cupertino,
�t any time before the hour set for hearing objections any owner
of property within the territory proposed to be annexed to the
, _ty 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 pro-
perty in general terms, lit the t:Lme set for hearing protests, or
to which the hearing may be continued, said Council shall hear and
pass upon all protests so made.
3. The City Clerk of the C:.ty 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 Mercury, 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 all that territory situate in
the County of Santa Clara, State of California, bounded and more
fully described as follows:
MCCLELLAN NO. 1 -A
Beginning at a point on the present City Limits Line of Cuper-
tino at the southwesterly line of the Southern Pacific Company's
Right of Way Los Altos Branch, Mayfield 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 Right 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 certain parcel of land con-
veyed to Charles Rifredi, et ux, by deed recorded in Book 1051,
Official Records, page 531, Santa Clara County Records; 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, toathe intersection thereof
with the said center line of StevE!ns Creek Road; thence easterly
along the said center line of Stevens Creek Road to the inter-
section 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 kmerigo
?Iarchi, et ux, by deed recorded in Book 982, Official Records,
-9ge 186, Santa Clara County Records; thence westerly and southerly
_long the northerly and westerly lines of said parcel aig conveyed
to Amerigo Marehi, et ux, to the northeast corner of that certain
parcel of land conveyed to Thomas 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
Subdivision 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 24 to the intersection there -
of1with the easterly line of that certain parcel of land con-
veyed 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 oflMcClellan 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 "F" 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. & 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 end easterly 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 $. J, Cali, et
ux, by deed recorded in Book 2114, Official Records, page 102,
Santa Clara County Records; thence northerly and easterly along
the westerly and northerly lines of said parcel 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 inter-
section thereof with the easterly prolongation of the northerly
line of said parcel conveyed to Rosario Cali; thence westerly along
saidieasterly prolongation and the northerly line of said parcel
conveyed to Rosario Cali to the intersection thereof with the
southerly prolongation of the westerly line of that certain parcel
of land conveyed to Antonio Zicovich by deed recorded in Book 194
of Deeds, page 380, Santa Clara County Records; thence northerly
along said southerly prolongation and the westerly line of said
)parcel conveyed to Antonio Zicovich and the easterly line of that
certain parcel of land conveyed to Lois r,. Denton by 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 is. Denton to the intersection thereof
'with the center line of McClellan Road; thence easterly along the
said center line of McClellan Road to the intersection thereof
with the southerly prolongation of the Westerly line of that
:ertain parcel of land conveyed to Frank aLuiz, Jr., et ux, by
deed recorded in Book 2932 of Official Records, page'134, Santa
Clara County Records; thence northerly, easterly, and southerly
along the southerly prolongation of the westerly line, the west -
erly line, the northerly line, the easterly line, and the southerly
?rclongation of the easterly line of said parcel as conveyed to
nrank Luiz, Jr., et ux, to the intersection thereof with the said
.;�r�ter line of McClellan Ro?d; thence easterly along the said
center line of McClellan Road to the intersection thereof with the
- L� -
southerly prolongation of the westerly line of that certain parcel
of land conveyed to Onorina K.rilitieh by deed recorded in Book
1262, Official Records, page 112 Santa C19ra County Records;
thence northerly along the southerly prolongation of the westerly
line, the westerly line and the hl toPOnorina tKrilitich the
to
westerly line of said p_.rcel _ s conve
the intersection thereof with the northeasterly 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 Southern Pacific Company's track and along said
northeasterly line of South 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.
PiiSSED , ADOPTED at a regular meeting of the City Council
of the City of Cupertino on the 5th day of January, 1959 by the
following vote:
AYES: Councilmen, Lazaneo, Nathanson, Pelosi, Saich, Wilson
NOES: Councilmen, None
Absent: Councilmen, None
Is/ Lawrence K Martin
City Clerk
Signed and approved this 5th day of January, 1959
/s/ Norman J. Nathanson
Mayor, City of Cupertino