Ordinance 104ORDINANCE N0. 104
AN ORDINANCE APPROVING THE ANNEXP.TION OF CERTAIN CONTIGUOUS UN-
INHABITED TERRITORY, DESIGNATED "STEVENS CREEK N0. 2A" TO THE CITY
OF CUPERTINO IN ACCORDANCE WITH ~'HE PROVISIONS OF SECTION 35300 ET.
SEQ. OF THE GOVERNMENT CODE OF TAI; STATE OF CALIFORNIA.
STEVENS CREEK N0. 2A
WHEREAS, a petition signed b~~ owners of not less than one-
fourth of the land in the herein~.fter described territory by area
and by assessed value as shown on the last equalized assessment roll
of the County of Santa Clara, way; duly filed with the Council of
the City of Cupertino requesting annexation of the hereinafter
described territory to said City; whereas said territory lies out-
side of and is contiguous to the boundaries of the City of Cuper-
tino, and
WHEREAS, the City Council of the City of Cupertino did, on the
19 day of August, 1959, pass and adopt a Resolution for 'che proposed
annexation of said territory to t:he City of Cupertino, on which
said Resolution notice of the da~~, hour and place when and where
any person owning real property t~~ithin such terrify so proposed
to be annexed and having any ob~E~ctions to the proposed annexation
might appear before the legislative body and show cause why such
territory should not be so annexE~d, 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 '~~eing complete at least twenty days
prior to the date set for hearing, and
WHEREAS, such hearing was held pursuant to said notice con-
tained in said Resolution on the 5th day of October, 1959, at the
time and place fixed therein, and
WHEREAS, such hearing was not less than forty (40) days nor
more than sixty (60) days from th.e 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 proposed
to be annexed is contiguous to the boundaries of the City of Cuper-
tino, 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:
Stevens Creek No. 2A
Beginning at the most southerly corner of that certain parcel
of land conveyed to Spaso,je M. Chuk by deed recorded in Book 993
Official Records, page 592, Santa Clara County Records, said corner
being a point on the Westerly city limits line of the City of Cuper-
tino and a point on the center line of Stevens Creek; thence north-
westerly along a southwesterly line of said parcel conveyed to Chuk
to the southwesterly corner thereof; thence northerly along the
westerly line of said parcel conveyed to Chuk to the intersec-
tion thereof with the northerly line of that certain parcel of
land conveyed to Harden D. Hart, Jr., et ux, by deed recorded in
Book 1496, Official Records, page 209, Santa Clara County Records;
thence westerly along said northerly line of parcel conveyed to
Hart to the northwest corner thereof; thence southerly along the
westerly line of said parcel conveyed to Hart and the southerly
prolongation of said westerly line to the intersection thereof with
the southerly line of that certain parcel of land conveyed to Robert
D. LeBaron, et ux, by deed recorded in Book 3854, Official Records,
page 443, Santa. Clara County Records; thence westerly along the
southerly line of said parcel conveyed to LeBaron to the inter-
section thereof with the northeasterly boundary line of Russellhurst,
Monta Vista, a map of which is filed for record in Book "P" of Maps
page 22, Santa Clara County Records; thence southeasterly along said
northeasterly line of Russellhurst to the intersection thereof with
a northeasterly line of Crescent Road (40 feet wide) as said road
is shown on said map of Russellhurst; thence northwesterly,
and southwesterly along said northeasterly line, the north-
westerly line and the southwesterly prolongation of the northwest-
erly line of said Crescent Road to the intersection thereof with
the center line of Hillcrest Road; thence southerly along the said
center line of Hillcrest Road and the center line of Crescent Road
to the intersection thereof with the easterly prolongation of the
southerly line of that certain parcel of land conveyed to Gordon
Beckstrom, et ux, by deed recorded in Book 2037, Official Records,
page 243, Santa Clara County Records; thence westerly along said
easterly prolongation and the southerly line of said parcel conveyed
to Beckstrom to the intersection of said southerly line with the
easterly line of that certain parcel of land conveyed to Helmut
Krebs, et ux, by deed recorded in Book 2750, Official Records, page
610, Santa Clara County Records; thence southerly along said east-
erly line of parcel conveyed to Krebs and the southerly prolongation
of said easterly line to the intersection thereof with the center
line of Stevens Creek Road; thence westerly along said center line
of Stevens Creek Road to the intersection thereof with the southerly
prolongation of a westerly line of said parcel conveyed to Krebs;
thence northerly along the said southerly prolongation and westerly
line of said parcel conveyed tc Krebs to a northwesterly corner
thereof; thence easterly along a northerly line of said parcel con-
veyed to Krebs to an angle point therein; thence northerly along a
westerly line of said parcel conveyed to Krebs to the northeast
corner of that certain parcel of land conveyed to Solheim Lutheran
Home by deed recorded in Book 4054, Official Records, page 497, Santa
Clara County Records; thence westerly along the northerly line of
said parcel conveyed to Solheim Lutheran Home to the northwest corner
thereof; thence southerly along the westerly line of said parcel
conveyed to Solheim Lutheran Home to the intersection thereof with
the northerly line of that certain parcel of land conveyed to
Ramon M. Nunez, et ux, kiy deed recorded in Book 1282, Official
Records, page 281, Santa Clara County Records; thence westerly along
said northerly line of parcel conveyed to Nunez and the westerly
prolongation of said northerly line to the intersection thereof with
the center line of Mountain View-Stevens Creek Road; thence
northerly along said center line of Mountain View-Stevens Creek
Road to the intersection thereof with the easterly prolongation of
the northerly line of Tract No. 636, Villa Vista, a map of which
is filed for record in Book 24 of Maps, page 26, Santa Clara County
Records; thence westerly along said easterly prolongation and the
northerly line of said Tract No, 636 to the northwest corner there-
of; thence westerly along a southerly line of that certain 9.508
acre parcel of land conveyed as Parcel 1 to William D. Mette by deed
recorded in Book X478 Official Records, page 226, Santa Clara County
Records, North 89 40' West 45 feet to a southwest corner thereof;
thence northerly along a westerly line of said 9.508 acre parcel
conveyed to Mette North 0° 25' East 194 feet to an angle point
therein; thence westerly along a southerly line of said 9.508 acre
parcel conveyed to Mette North 8~a° 40' West 234.21 feet to the most
westerly corner thereof; thence ~_n a general northeasterly direc-
tion along the general northwestE~rly lines of said 9.508 acre parcel
conveyed to Mette the following courses: Northeasterly on a curve
to the left having a radios of 1,~-62.70 feet an arc distance of
235.41 feet, North 21° 14' East ca0.95 feet, North 20° 59' East 89.10
feet, South 69° 10' East 40.00 fE~et, North 20° 58' East 129.60
feet, North 47° 04' East 81.62 fE~et, South 89° 11' East 79.45 feet,
North 16° 48' East 129.20 feet, north 33° 08' East 56.25 feet, North
53 56' West 56.75 feet, North 4~~° 45' East 227.38 feet to the most
northerly corner of said 9.508 a<:re parcel conveyed to Metter thence
continuing northeasterly along tYie northeasterly prolongation of
the last mentioned course of the northwesterly line of said 9.508acre
parcel conveyed to Mette to the intersection thereof with the north-
westerly prolongation of the northeasterly line of that certain parcel
of land conveyed to A. T. Cook, Est al, by deed recorded in Book 3883,
Official Records, page 423, Sang. Clara County Records; thence south-
easterly along said northwesterl~~ prolongation and the northeasterly
line of said parcel conveyed to Crook to the northeasterly corner there-
of; thence southerly along the e~.sterly line of said parcel conveyed
to Cook to the intersection therE~of with the southerly line of Lot
25 of the aforementioned Russellriizrst, Monta Vista; thence easterly
along said southe rly line of Lot 25 to the southeast corner there-
of; thence northerly along the e~.sterly line of said Lot 25 to the
intersection thereof with the soL~therly line of Lot 25A, Russell-
hurst; thence easterly along said southerly line of Lot 25A and
the easterly prolongation thereof' to the intersection thereof with
the center line of the aforementioned Hillcrest Road; thence south-
erly along said center line to tYie intersection thereof with the
westerly prolongation of the southerly line of Lot 32 of said
Russellhurst; thence easterly along said westerly prolongation, the
line of said Lot 32, and the southerly line of Lot 33 of said Russ-
ellhurst to the most easterly coz°ner of said Lot 33; thence
southeasterly along the northeasterly line of Lot 34 of said Russ-
ellhurst to the intersection then°eof with the westerly line of
that certain parcel of land confEyed to Archie W. Siver, et ux,
by deed recorded in Book 3455, Official Records, page 99, Santa
Clara County Records; thence northerly along said westerly line of
said parcel conveyed to Siver and the northerly prolongation
thereof to the intersection of said Northerly prolongation with the
northerly line of that certain parcel of land conveyed to Eugene
W. Stears, et ux, by deed recorded in Book 4082, Official Records,
page 332, Santa Clara County Reccrds; thence easterly along said
northerly line and the easterly ~~rolongation of said northerly line
to the intersection thereof with an easterly line of the afore-
mentioned parcel of land conveyed to Spaso~je M, Chuk; thence
northerly along said easterly line to an angle point therein; thence
continuing in a general northerly direction along the general
easterly lines oo said parcel conveyed to Chuk the following
coursesa North 7 55' West 182.82 feet, Nor~h 3° 38' East 66 ft.
North 9 22' West 295.68 feet, and North 19 00' East 25 feet to
the most northerly corner of that certain 8 acre parcel of land
conveyed as Parcel 1 to Alfonso J. Stockmeier, et ux, by deed
recorded in Book 1163, Official Fecords, page 586 Santa Clara County
Records; thence southeasterly along the northeasterly line of said
8 acre parcel conveyed to Stocklmeier to the intersection thereof
with a present westerly city limits line of the City of Cupertino,
said city limits line being also the center line of Stevens Creek;
thence in a general southerly direction along said cent er line of
Stevens Creek and the said present westerly city limits line of the
City of Cupertino 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 immediately upon the said Ordinance becoming
effective.
SECTION 3. That all expenses of proceedings for the annexation
of the said uninhabited territory be paid, and that the same be and
they are hereby allowed.
SECTION 4. 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 5th day of October, 1959 and passed at a regular
meeting of the City Council on the 2nd day of November, 1959, by the
following vote:
AYES: Councilmen: Lazaneo, Nathanson, Pelosi, Saich, Wilson
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
Mayor, City of Cupertino
TTEST:
4,~,ti.-~ 1 ~~ (~.-~.,C~.~
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. 10~-
on file in my office and that the same has been published pursuant
to law.
IN~IITNESS WHE OBE F I h~.ve hereur~,to set my hand and City Seal this
~~ day o f (~-v-~-~..c~r.~, 19 b ~s
!~. ~~
City Clerk