CC Resolution No. 367RESOLUTION NO. 367
RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO GIVING NOTICE OF THE
PROPOSED ANNEXATION OF CERTAIN UNINHABITED TERRITORI' TO SAID CITY, DESCRIB-
ING SAID TERRITORY AND DESIGNATING IT BY THE NAME HOMESTEAD - 5, 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 3rd of October, 1960, there was filed with the Counci
of the City of Cupertino a petition requesting the annexation to the City
of Cupertino of the territory hereinafter 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 September 21, 1960, and that said
Boundary Commission has prepared, or caused to be prepared a report to the
proponents of said annexation upon said annexation proposal, all as requ:ir
ed 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 wits
the Council until after said Commission had made, or caused to be made sai
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
(3j 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 i;Z the hereinafter describ-
ed 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 October 3, 1960.
2. NOTICE IS HEREBY GIVEN that Monday, November 7, 1960 at the
hour of 8:00 P.M. of said day, in the City Office, 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. At any time before the hour set for hearing
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
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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.
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 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.
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:
(legal description known as Exhibit "A" attached)
Property known as 22054 Homestead Road, Cupertino, located on
the south side of Homestead Road between Maxine and Barranca, con-
taining approximately two (2) acres.
PASSED AND ADOPTED at a regular meeting of the City Council
at the City of Cupertino on the a day of
1960, by the following vote:
AYES: Councilmen, i� �k __ - —4k,
NOES: Councilmen, ti o�S
ABSENT: Councilmen, o
Attest:
/S/ Lawrence K. Martin
City Clerk
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Approved:
/s/ Anthony J. Pelosi
Mayor, City of Cupertino
EXHIBIT "A"
HOMESTEAD - 5
BEGINNING at the point of intersection of the easterly line of
Maxine Avenue (40 feet wide), as said Maxine Avenue is shown on Tract
No. 801, Homestead Villa, a map of which is filed for record in Book
33 of Maps, at pages 16 and 17, Santa Clara County Records, with the
easterly prolonggation of the southerly line of Lot 3, Block 5, of
said Tract No. X301; thence running westerly along said easterly
prolongation and along the southerly line of said Lot 3 to the inter-
section of said southerly line with the easterly line of that certain
parcel of land conveyed to Bethany Baptist Church, a California
Corporation, by deed recorded in Book 4669, Official Records, at
page 161, Santa Clara County Records; thence southerly along said
easterly line of said parcel conveyed to Bethany Baptist Church to
the southeasterly corner thereof; thence westerly along a southerly
line of said parcel conveyed to Bethany Baptist Church to the most
southwesterly corner thereof; thence northerly along a westerly line
of said parcel conveyed to said Bethany Baptist Church to an angle
point therein, said point being also the northeasterly corner of
Lot 14, Block 5, of said Tract No. 801; thence westerly along a
southerly line of said parcel conveyed to Bethany Baptist Church to
a southwesterly corner thereof, said southwesterly corner being also
the most easterly corner of Lot 19, Block 5, of said Tract No. 801;
thence northerly along a westerly line of said parcel conveyed to
Bethany Baptist Church and along the northerly prolongation of said
westerly line to the intersection of said northerly prolongation with
the center line of Homestead Road, as said center line is shown on
said map of Tract No. 801; thence easterly along said center line of
Homestead Road to the intersection thereof with the northerly prolonga-
tion of the easterly line of said parcel conveyed to Bethany Baptist
Church; thence southerly along said northerly prolongation and
along the easterly line of said parcel conveyed to Bethany Baptist
Church to the intersection of said easterly line with the northerly
line of the aforementioned Lot 3, Block 5, Tract No. 801; thence
easterly along said northerly line of said Lot 3 and along easterly
prolongation of said northerly line of Lot 3 to the intersection of
said easterly prolongation with the aforementioned easterly line of
Maxine Avenue (40 feet in width); thence southerly along said
easterly line of Maxine Avenue to the point of beginning.