CC Resolution No. 272L' C
RESOLUTION NO. 272
RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO GIVING NOTICE OF THE
PROPOSED ANNEXATION OF CERTAIN UNINHABITED TER- ,ITORY TO SAID CITY DESCRIB..
ING SAID TERRITORY AND DESIGNATING IT BY THE Niviih STELLING 3A: MIAKING
CERTAIN FINDINGS RESPECTING SAID PROPOSAL: AND GIVING NOTICE OF TIME ATID
PLACE SAID COUNCIL WILL H&tR. P,�OTESTS THERETO. BL IT RESOLVED BY THE
COUNCIL OF THE CITY OF CUPER
WHEREAS, on the 21st day of March, 1960 there was filed with the
Council of the City of Cupertino a petition requesting the annexation to
the City of Cupertino of the territory hereinafter described; and
NHERE.Z , 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 Commmission
of Santa Clara County, California, on March 21, 1960, and that said Boundary
Commission has prepared, or caused to be prepared a report to the propon-
ents of said annexation upon said annexation proposal, all as required by
law, and that saild 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 re-
port and had approved staid boundaries; and
' 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, Califor-
nia, 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 terri-
tory by area, and by assessed value as shown on the last equalized assess-
ment roll of the County of Santa Clara, California, requesting annexation
of the hereinafter described territory to said City of Cupertino as unin-
habited territory pursuant to the provisions of the Annexation of Uninhab-
ited Territory Act of 1939 of the State of California, was filed with the
Council of the City of Cupertino on March 21, 1960.
2. NOTICE IS HEi;.EBY GIVEN that Monday, May 2, 1960, 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 Cu pertino. At any time before the hour set for hearing ob-
jections any owner of property within the territory proposed to be Mexed t)
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 cf the said property in general
terms. At the time set for hearing pretests, or to which the huc•:ing may
be continued, said Council shall hear and pass upon all protests so made.
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
Sunnyvale Standard, a newspaper of general circulation published outside
the City of Cupertino but within the Ccunty 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 recuirtzd 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:
STELLING - 3x
Beginning at the point of intersection of the westerly line of upland
Way, as said Upland Way is shown on that certain map entitled "Tract No.
492, Marquette Heights Subdivision ", filed for record in Book 18 of Maps,
at pages 4 and 5, Santa Clara"County Records, with the northerly line of
Lot 1 of said Tract No. 492; running thence northerly along said westerly
line of Upland Way, said west rly line being also a present city limits
line of the City of Cupertino to the intersection of said westerly line
with the southerly ling of Section 23, Township 7 South, Range 2 West,
M.D.B. & M; thence easterly along said southerly line of said Section 23,
said southerly line being also a present city limits line of the City of
Cupertino, to the intersection of said southerly line with the westerly line
of Bubb Road, as said Bubb Road formerly existed 40 feet in width; thence
northerly along said westerly line of Bubb Road, said westerly line being
also a present city limits line of the City of Cupertino, to the intersec-
tion of said westerly line with the southerly line of that certain parcel
of land conveyed to Harry W. Huth, et al, by deed recorded in Book 2204,
Official Records, at page 588, Santa Clara County Records; thence easterly
along said southerly line of said parcel conveyed to Huth and along the
easterly prolongation of said southerly lire to the intersection of said
easterly prolongation with the easterly line of said Bubb Road, 40 feet in
width; thence southerly along said easterly line of said Bubb Road to inter-
section thereof with a northerly line of that certain parcel of land conveyed
to County of Santa Clara by deed recorded in Book 4152, Official Records,
at page 60, Santa Clara County Records; thence easterly along said northerly
line of said parcel conveyed to County of Santa Clara to a point in a line
parallel with an distant 10 feat easterly, measured at right angles from
said easterly line of Bubb Road, 40 feet in width; thence southeasterly
along a curve to the left, having a radius of 20 feet, tangent to said par-
allel line, with a central angle of 90 degrees 00' 15 an arch distance of
31.42 feet, to the intersection of the easterly line of said parcel conveyed
to County of Santa Clara; thence southerly along said last mentioned easter-
ly line to the intersection thereof with the, northerly line of Bubb Road,
40 feet in width, said northerly line being also the aforementioned southerly
line of Section 23; thence easterly along said northerly line of Bubb Road,
40 feet in width, to the intersection of said northerly line of Bubb Road
with the northeasterly line of the Southern Pacific Company right of way,
80 feet in width; thence southeasterly along said northeasterly line of
said right of way to the intersection of said northeasterly line with the
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center line of Stelling Road; thence southerly along said center line of
Stelling Road to the intersection of said center line with the westerly
prolongation of the northerly line of that certain parcel of land conveyed
to Louis Janovich, et ux, by deed recorded in Book 1886, Official Records,
at page 180 Santa Clara County Records; thence easterly along said westerly
prolongation of the northerly line of said parcel conveyed to Janovich and
along said northerly line to the northe:?,sterly corner of said parcel conveyed
to Janovich; thence southerly along the easterly line of said parcel conveyed
to Janovich and along the southerly prolongation of said easterly line to
the intersection of said south�_rly prolongation with a southerly line of
Prospect Road, 40 feet in width; thence westerly along said southerly line
of Prospect Road to the intersection of said southerly line with the south-
westerly line of the Pfo.ementioned Southern Pacific Company right of way,
80 feet in width; thence northwesterly along said southwestt:rly line of
said right of way to trio intersection of said southwesterly line with the
southerly line of the aforementioned Bubb Road, 40 feet in width; thence
westerly along said southerly line of slid Bubb Road to the intersection
of said southerly line with easterly line of the aforementioned Upland Way;
thence southerly along said Easterly lime of Upland Way to the intersection
thereof with the easterly prolongation of the aforementioned northerly line
of Lot 1, Tract No. 492; thence westerly along said east rly prolongation
to the point of beginning.
PASSED AND "DOPTED at a regular meating of the City Council of the City
of Cupertino on the 21st day of March, 1960, by the following vote:
AYES: Councilmen, Lazaneo, Nathanson, Pelosi, Saich, Wilson
NOES: Councilmen, None
ABSENT: Councilmen, None
Approved:
1s N ., J. Nathans
Mayor, City of Cupertino
Attest:
1s/ Lawrence K. Martin
City Clerk
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