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CC Resolution No. 414RESOLUTION N0. 414 RESOLUTION OF THE COUNCIL OF THE CITY OF CUPERTINO GIVING NOTICE OF THE PROPOSED ANNEXATION OF CERTAIN UNINHIBITED TERRITORY TO SAID CITY, DE- SCRIBING SAID TERRITORY AND DESIGNATING IT BY THE NAME "MCCLELLAN - 2 ", MAKING CERTAIN FINDINGS RESPECTING SIID 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 _1.: = day of February, 1961, 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 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 Com= mission of Santa Clara County, California, on January 16, 1961, 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 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 the Council until after said Commission had made, or caused to be made said report and had approved said boundaries; and WHEREAS, this Council further hots received evidence showing, and finds: 1. That said territory is situ<<te 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 terr- itory at the time the above mentioned petition was filed with this Coun- cil, 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 de- scribed territory by area, and by assessed value as shown on the last equalized assessment roll of the County of Santa Clara, California, re- questing annexation of the hereinafter described territory to said City of Cupertino as uninhabited territory pursuant to the provisions of the Annexation of Uninhabited Territory tict of 1939 of the State of Califor- nia, was filed with the Council of the City of Cupertino on February, 1961.. 2. NOTICE IS HEREBY GIVEN that Monday, March 20, 1961 at the hour of 8:00 P.M. of said day, in the City Office, City of Cupertino, Calif- ornia, is the time and place this Council of the City of Cupertino will hear protests made by any person own:_ng real property within the terri- tory, hereinafter designated and described, proposed to be annexed to the City of Cupertino. At any time before the hour set for hearing objectionE -1- 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 contin- ued, 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. 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: (legal description attached). Beginning at the intersection of the Southern Pacific Railroad with the northerly line of McClellan Road, thence south southeast along the easterly line of said railroad ROW 947 feet, thence westerly, then south southeast along the westerly line of said railroad ROW 847 feet, thence westerly to the center line of Bubb Road, thence northerly along the center line of Bubb Road to the center line of McClellan Road, thence east 40 feet, thence to the north side of McClellan Road, thence east to the point of beginning. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the r�; day of / - 1961, by the follow- ing vote: AYES: Councilmen: i NAYS: Councilmen: ABSENT: Councilmen: ), ATTEST: Ls/ Lawrence K. Martin City Clerk -2- APPROVED: Is/ Anthony J. Pelosi Mayor, City of Cult ino 0 DESCRIPTION OF LANDS PROOOSED TO BE ANNEXE r► TO THE CITY 0. CUP F RT I1` O McCL.ELLAN - 2 BEGINNING at the point of intersection of the northerly line of McClellan Road, 40 feet wide, with the westerly line of that certain parcel of land conveyed to (Dnori:-:a K.rilitich by deed recorded in Book 1262, Official Records, at Page 112, Santa Clara County Records, said point of beginning being also a point on the present City limits line of the City of Cupertino; thence running easterly along said northerly line of Mc 'Clellan Road tc the intersection thereof v;ith the .-) ortheasterly line of the Southern Pacific Raiiroad Right -of -way, formerly San lose - Los Gatos Interurban Railway Right -of -way; thence southeasterly along said northeasterly line of said Southern Pacific :1ailroad Right -of -tray- to the intersectior, thereof with the southerly line of that certain parcel cf land conveyed to Gospava Sulaver, et a1, b} deed recorded in Book 4234, Official Recorc ?s, at Page 709, Santa Clara County Records; thence westerly along the westerly ,prolongation of said southerly lin:: of said parcel conveyed to Gospava Sulaver, etal,to the intersection of said westerly prolonga- tion with the northeasterly line ct that certain parcel of land conveyed to R. Cali, et ux, by deed :recorded in Rook 4249, Official Records, at Page 670, Santa Clara County Records, said northeasterly line being also the southwe_,tcily 1 -ne of the aforementioned Southern Pacific Railroad Right -of -Way.. thence southeasterly along said northeasterly line of said parcel conveyed to R. Cali to the south- easterly corner thereof; thcrc,a we�;terly along the southerly line of said parcel conveyed to R. Cali arid westerly along the westerly prolongation thereof to the intersection of said westerly prolor - -- tion with the center line of Bubb Road (formerly known as Regnart Road), 40 feet in width; thence northerly along the center line of said Bubb Road to the intersection thereof with the center line of the aforementioned McClellan Ro,.d, said point of intersection being a point on the present city limits line of the City of Cupertino; thence easterly along said center line of McClellan Road, also being a present City lirrits line of the City of Cupertino, to the inter- section of the southerly prolongation of the aforementioned westerly line of said parcel conveyed to Onorina Krilitich; thence northerly along said southerly prolongation of said westerly line of said parcel conveyed to Onorine K.rilitich, also being a present City limits line of the City of Cupertino, to the point of beginning.