Ordinance 093ORDINANCE N0. 93
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN CONTIGUOUS
UNINHABITED TERRITORY, DESIGNATEI> "BUBB N0, 2" TO THE CITY OF
CUPERTINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 35300 ET
SEQ. OF THE GOVERNMENT CODE OF TF=E STATE OF CALIFORNIA.
~~UBB N0. 2
WHEREAS, a petition signed key 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 assess-
ment roll of the County of Santa Clara, was duly filed with the
Council of the City of Cupertino requesting annexation of the
hereinafter described territory to said City; whereas said
territory lies outside of and is contiguous to the boundaries of
the City of Cupertino, and
WHEREAS, the City Council of the City of Cupertino did,
on the 18th day of May, 1959, pays and adopt a Resolution for the
proposed annexation of said territory to the City of Cupertino,
on which said Resolution notice cf the day, hour, and place when
and where any person owning real property within such territory
so proposed to be annexed and having any objections to the pro-
posed annexation might appear before the legislative body and show
cause why such territory should not be so annexed, and
WHEREAS, said Resolution was duly, regularly, and lawfully
published at least twice, but not more often than once a week,
in the Cupertino Courier, a newspaper of general circulation
published within the City of Cupertino, and in the Sunnyvale
Standard, a newspaper of general circulation published within the
County of Santa Clara, the county in which is located the
territory proposed to be annexed, said publication being complete
at least twenty days prior to the date set for hearing, and
WHEREAS, such hearing was held pursuant to said notice
contained in said Resolution on the 6th day of July, 1959, at the
time and place fixed therein, and
WHEREAS, such hearing was not less than forty (LI-0) days
nor more than sixty (60) days from the date of the passage of
said Resolution, and
WHEREAS, at the said hearing there were no valid protests
by any owner or owners of one-half (2) of the value of the
territory proposed to be annexed, according to the last equalized
assessment roll of the County of Santa Clara, State of California,
and as determined by the City Council, and
WHEREAS, the City Council finds that the territory propc~d
to be annexed is contiguous to the boundaries of the City of
Cupertino, and that the same is uninhabited territory as defined
by said Government Code of California, and that it is for the best
interest and convenience of Cupertino that the said territory be
annexed to said City of Cupertino:
NOW, THEREFORE, the City Council of the City of Cupertino
does hereby ordain as follows:
SECTION 1. That the annexation of the uninhabited territory
-- hereinafter described be, and the same is hereby approved, and that
said territory be, and the same is hereby annexed to the City of
Cupertino and is more particularly described as follows:; to-wit:
All that real property situate in the County of Santa Clara,
State of California, described as follows:
BUBB N0. 2
Beginning at the intersection of the northerly line of that
parcel of land conveyed to Kaoru Okamura, et ux, by deed recorded
in Book 3790, Official Records, page 3, SantaClara County Records,
with the westerly line of Bubb Road (~-0 feet wide); thence westerly
along said northerly line of land of Okamura to the northwest cor-
ner thereof; thence southerly along the westerly line of said
parcel conveyed to Okamura to the intersection thereof with the
center line of Lindy Lane; thence in a general southwesterly
direction along the said center line of Lindy Lane to the inter-
section thereof with the westerly line of Section 23, Township 7
South, Range 2 West, M. D. B. & M.; thence southerly along said
westerly line of Section 23 to the southwest corner thereof; thence
easterly along the southerly line of said section 23 to the
intersection thereof with the center line of Regnart Road; thence
in a general southwesterly direction along said center line of
Regnart Road to the intersection thereof with the westerly line
of Section 26, Township 7 South, Range 2 West; thence southerly
along said westerly line of Section 26 to the southwest corner of
the Northerly 1~2 of the Northwest 1~~- of said Section 26; thence
easterly along the southerly line of the said Northerly 1~2 of
the Northwest 1~~ of Section 26 to the intersection thereof with
the westerly line of Lat 10 of Tract No . x+92, Marquette Heights
Subdivision, a map of which is filed for record in Book 18 of
Maps, pages ~- and 5, Santa Clara County Records; thence northerly
along said westerly line of Lot 10 to a northwesterly corner
thereof; thence northeasterly along the northwesterly line of
said Lot 10 to an angle point therein. thence continuing north-
easterly along the said northwesterly line of Lot l0 to the
intersection 'c hereof with the northwesterly line of Upland Way;
thence in a general northeasterly and easterly direction along the
northwesterly and northerly lines of said Upland Way to the inter-
section thereof with the northerly line of Lot 5 of said Tract
No. x+92; thence easterly along the said northerly line of Lot 5 to
the intersection thereof with the westerly line of Lot ~- of said
Tract No. x+92; thence northerly along the westerly lines of Lots-,
3, 2, and 1 of said Tract No. 492 to the northwest corner of said
Lot l; thence easterly along the northerly line of said Lot 1 to
the most easterly corner thereof; thence northerly along the wester-
ly line of Upland Way to the intersection thereof with the southerly
line of the aforementioned Section 23; thence easterly along said
southerly line of Section 23 to the intersection thereof with the
westerly line of Bubb Road (~-0 feet wide); thence northerly along
the said westerly line of Bubb Road to the intersection thereof
with a northerly line of that certain parcel of land conveyed to
Jack R. Miller, et ux, by deed recorded in Book 3226, Official
Records, oage 15~-, Santa Clara County Records; thence westerly along
said northerly line of land conveyed to Miller to an angle point;
thence northerly along an easterly line of said parcel conveyed to
Miller to a northeast corner thereof; thence westerly along a
northerly line of said parcel conveyed to Mi]]er to an angle point;
thence northwesterly along a northeasterly line of said parcel con-
veyed to Miller to the intersection thereof with the center line
of Regnart Road; thence northeasterly along the said center line
of Regnart Road to the intersection thereof with the center line
of Lindy Lane; thence in a general northwesterly direction along
the said center line of Lindy Lane to the intersection thereof with
an easterly line of the aforementioned parcel conveyed to Kaoru
Okamura; thence northerly along said easterly line of land conveyed
to Okamura to an angle point; thence easterly along the southerly
line of said parcel conveyed to Okamura to the intersection thereof
with the westerly line of Bubb Road; thence northerly along the
said westerly line of Bubb Road to the point of beginning.
SECTION 2. Pursuant to the provisions of the said Government
Code of the State of California, the City Clerk shall and he is hereby
directed to file with the Secretary of State of California a certified
copy of this Ordinance immedia~:ly upon the said Ordinance becoming
effective.
SECTION 3. That all expensE~s of proceedings for the anr~ation
of the said uninhabited territory be paid, and that the same be and
they are hereby allowed.
SECTION ~-. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is, for any reason, held to be un-
constitutional, void, or invalid, by any court of competent juris-
diction the validity of the remaining portion of this Ordinance shall
not be affected thereby.
Introduced at a regular meeting of the City Council of the
City of Cupertino on the 6th day of July, 1959 and passed at a
regular meeting of the City Council on the 20th day of July, 1959
by the following vote:
AYES: Councilmen: Lazaneo, Saich, Nathanson, Pelosi, Wilson
NOES: Councilmen: None
ABSENT: Councilmen: None
A PPROVED:
Mayor, City of Cupertino
ATTES
~- (~~.,
City Clerk
I, LAWRENCE K. MARTIN, City Clerk: of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 93
on file in my office and that the same has been published pursuant
to law.
IN W TNESS WI-LER OF I ha e hereunto set my hand and City Seal this
~~ day of ~ ~-~--- ~ , 19 ~~'
City Clerk