89014.00 Gagliasso 63-71
May 28, 1963
Mr. Gospava Sulaver
21471 Columbus
Cupertino, Calif.
Dear Mr. Sulaver:
We enclose a copy of Resolution 772 which names
the time and place for rearin.- on the City of Cupertino
annexation entitled "Gagliasso 63-7". All property
owners with land included are being notified that the
City Council has named Monday, July 1, at 8:00 P.M.,
at the Board Room of the Cupertino Elementary School
District Office, 10300 Vista :Drive, Cupertino, as
the time and place for hear.•ing.
Please contact the City Office if we can be of
any help.
Yours very truly,
CITY OF CUPERTINO
Lawrence K. Martin
City Clerk
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Encl.
528 6-60
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Title Insurance and Trust Company
SANTA CLARA COUNTY OFFICE
66 NORTH FIRST STREET SAN JOSE 13
CYPRESS 2-4212
September 20, 1962
IMPORTANT
When replying refer to
Gerald Lanz en Our No. 240644
Bank of America .Bldg.
San Jose, California
Your No.
W
The following is a report on the title to the land described in your application for a Policy of Title Insurance,
and is made without liability and without obligation to issue such policy.
Dated as of September 5, 1962 at 7:30 a.m. t p� pg�p �y 9
B.:x1. BLANCHARD Titl. Officer
Vestee: JOHN GAGLIASSC and FIURI GAGLIASSO
Exceptions:
Firsts Taxes for the fiscal year 1962-63, now a lien, but not yet
due .or payable, including personal property tax, if any.
Second: Sale -to the State of California' on .tune 29, 1962 on account
of non-payment of both Installments of Count Taxes for the
fiscal year 1961-62.. Assessment 'Number 360-11-7. Code Number
63-35. The amount necessary to redeem this sale on or before
September 28, 1962 accordin to estimate fllrnished by Goisnty.
Tax'Collector is $111.89. ?Affects, the approximate Westerly
297 feet of the Northerly 152 feet of. Parcel 2)
Third; ZAle to the- State of California or► June 29. 19€2 on account
of non-payment of bath installments of County Taxes for the
fiscal year 1961-62. Assessment Number 369-11_Q3.. Cade Number
63-+135. The amount necessary to redeem this sale on or before
September 28, 1962 'accordin?Affects.
to estimate furnished by County
Tax Collector is $896.89. parcel 1)
Fouith; Sale to the State cif California on June 30f. 1.9+61 on account
of non-payment of both installment's of County 'faxes for the
fx'sca'1 ye -aye 1960.61. Assessment f uMber .3�i0-11-F. Code Number
63-35. The amount necessary to redeem this sale and pay
subsequent delinquencies for the fiscal year 1961-62' on or before
September 28, 1962 according to estimate furnished by' County
Tax Collector is $29934.78. (Affects Parcel 3and all except
the approximate Westerly 297 feet of the Northerly 152 feet of
Parcel 2)
Fifths Action pending in the Superior Court -of the -State of California,
In addition to any exceptions shown herein, and not cleared, the policy, if issued, will contain stipulations and also exceptions as to
[natters outside its coverage which are required by the particular -form.
An 1. No. 240644 - Page 2
Ip
in and for the County of Santa Clara, entitled, *The People
of the State of California"acting by and through the Department
0
of Public Works, vs. Charles F. Gagliessol, et al, G.Ise No.
139387, wherein complaint was filed on October 20* 1962 to
acquire in eminent domain, a fee simple estate to that portion
of premises lying kthin the following described Parcels;
COWENCING at the Northwesterly corner of the parcel of land
conveyed to Fiuri Gagliasso, et pax., from Southern -PapifIc Company,
a corporation,, by -Deed recorded August 24# 1938 in Book 8192 at
page 99, Official Records of Santa Clara. County; thence along
the Northerly line of said parcel South 89* 1511 40* East 280.59
feet; thence South 0* 441 20" rest, 334.48 feet to the Southerly
line oft the parcel of land conveyed to Fiuri Gagliesso from
Miargaret Gagliasso, by Deed recorded March 5, 1934 in Book 676
at page .357,, Official Records of Santa Clara Countyt thence along
last said line North 890 011 250 West 16.93 feet to the general
Easterly line of -first said. parcel- thence along last said line
from a tangeqt that bears South 25 560 00" West, along a curve
to the left With a radius of 461.68 feet-,, through an angle of
28* 481 09" an arc length of 232.09 feet; theme North 89* 151
4011 West, 28.45 feet to the Westerly line of first said -parcel;
thence along lost said line North 186 121 1811 West, 211.4,5 feet
to the line common to the land,z,, nmv or formerly of said Fiuri
Gagliasso* et ux, and of Charles F. Gagllasso,, ett-aI4 thence'
along lasts sari common -line south 89* 151 4011 East 47.03 feet,,
North 04' 441 200 East '300.00feet, and North 89'0 151 40!1 West,
150.00 feet to said Wdstarly line of first said parcel; thence
along last said line North-180 121 181, West 63.44 feet to the
point of 6ommencement.
EXCEPTING THMEFROU all of that portion of Stevens Creek Road
as included within the exterior oundaries described in Parcel
2 above.
CONTAINING 1.071 acres, more or less.
COMENCING at the Southwesterly corner of the parcel of land
conveyed to Fiuri Gagliasso from lHargaret Gd9liasso by Deed
recorded March 5,.1934 in Book 676 at page 3570 Official Records
of Santa Clara County; thence along the Southerly line of said
parcel South 89* 011 250 East 16.93 feet; thence South 0-* 44* 20"
West 225.52 feet.; thence North 89* 151 401, West 69-.94 feet to
theWesterly line of the parcel of land conveyed to.3-ohn Gagliasso,
et: al by Deed recorded tray '7,, 1945 in Book 1262 at page 110,
Official. Records'of Santa Clara Countyj thence along last said
line from a tangent that bears North 2 521 0911 West.9,10ng a
curve to 'the right with a radius of 461.68 feet, throfigbClan angle
of 28'0*481 097 an arc length of 232.09 feet to the point of
commencement.
COINTAINTNG 0.250 acre, more or less.
Notice of Lis Pendens in said Action was recorded
Appl. No. 240644 3
August-201 1962 in Book 5,690 Official )Records# page 359.
v I
DESCRIPTION
I if -
For Description of the real property referred to herein, see
E)GUBIT A, attached, hereto and -made a pert hereof.
et-oko
4 copies to Gerald Hansen
4
MAY
El
Appl. No. 240644
EXHIBIT A
All that certain real property situate in the County of Santa
Clara, State of California, described as follows:
P ARC EL ONE
BEGINNING at a point on the Easterly line of the Southwest quarter.
of Section 14, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian, said point being distant thereon South 00 13' West
69.6 feet from the original center line of Stevens Creek Road;
thence along the Easterly line of the Southwest quarter of said
Section 14, South 00 13' West 1252.25 feet to a two inch iron
pipe; thence East 11.83 feet to a two inch iron pipe in the Westerly
:,boundary of lands formerly owned by Sarah A. Merithew; thence along
said Westerly boundary line South 0° 1'3' East 607.05 feet to a
point in the Northeasterly line of•,the lands and right of way of
the Southern Pacific Company, formerly owned by Peninsular Railway
Company; thence along the Northeasterly line of said lands and
right of way North 190 03' West 1235.55 feet to a point; thence
leaving said Northeasterly line North 130 19' West 126`.72_feet to a point
said -point -being distant i6 feet at right angles Easterly froze the
center line of the Wire track connecting Peninsular uailway
Company's railroad adjacent to Stevens Creek Road with Peninsular
Railway Company's railroad between Monta Vista and Congress Junction,
as said railroads existed in 1920; thence following said Wye track
by curve whose radius is 461.68 feet and being distant 16 feet
Southeasterly from the center line of said Toe track, a distance
of 785.93 feet to a point; thence'North 8411 11' East 19.5 feet to
the point of beginning. All bearings true.
CONTAINING APPROXIMATELY 10.299 acres of land, and being a portion
of the East half of the East half of the Southwest quarter of Section
14, Township 7 South, Range 2 West, Mount Diablo Base and Meridian.,
EXCEPTING THEREFROM that portion thereof conveyed by Margaret
�Gagliasso to. Fiuri Gagliasso by Deed dated March 5, 1934 and recorded
March 5, 1934 in book 676 of Official Records, at page 357,and
being described as follows:
COMMENCING at a point in the Easterly line of the Southwest quarter
of Section 14, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian, from which the point of intersection of the Easterly
line of said Southwest quarter of;said'Section 14 with the original`
center line of Stevens Creek Road bears North 0° 13' East 69.6 feet;
thence South 840 11 " West 19.50 feet; thence on a curve to the left
with a radius of 461.68 feet through an are subtended by a chord
of 144.80 feet to an iron pipe which is the point of beginning of
the tract about to be described; thence from said point of beginning
on a curve to the left with a radius of 461.68 feet through an are
M.
Appl. No. 240644
subtended by a chord of 324.00 feet to an iron pipe; thence'
ppa�rallel with th,e center line of Stevens Creek Road South 89:9
44" East 230.37 feet to an iron pipe; thence parallel with the
Easterly line of said Southwest quarter of said Section 14,
North 0 13' East 227.10 feet to the point of beginning, and
being a portion of the Southwest quarter of Section 14, Township
7 South, Range 2 West, Mount Diablo Base and Meridian.
PARCEL TWO A,
BEGINNING at a stake standing on the South line of Section 14, T.
7 S. R. 2 W., M.D.M. from which stake the -Southeast corner of
said Section 14, bears East 26.721 chains; running thence along
the South line -of said Section 14 West 8►70 chains to a point
from which the intersection of the South line of said Section with
the Easterly line of the railrodd right of way of Southern Pacific
Company, formerly of Peninsular Railway Company, -bears West 0.623
chains; thence North 0° 18' East 20.06 chains to a stake.marked
I'M" standing on the North line of the South half of the Southwest
quarter of Section 14, T. 7. S., R. 2. W., M.D.M.; thence along
said line South 89' 57' East 8.549 chains to a stake; thence South
00 08' East 20.053 chains to the place of beginning.
CONTAINAING APPROXIMATELY 17.30 acres, and being a part of the
Southeast quarter of Section 141 T. 7. S., R. 2. W.,_,. M.D.M.
EXCEPTING THEREFROM that portion thereof conveyed -by Fiuri Gagliasso,
et al, to Charles F. Gagliasso and Mildred I. Gagliasso by Deed
dated May 20, 1953, and recorded May 22, 1953 in Book 2�48•of
Official Records, at page 7, and being described as follows:
BEGINNING at a 2 inch iron pipe set in the Southerly line of Section
141 T. 7 S., R. 2 W.,,M.D.B. & M., at the'Southeasterly corner
of that certain 17.30 acre tract of land described in the Deed
:from Margherita Gagliasso to John Gagliasso, et al, dated January
17, 1945 and recorded May 7, 1945 in Book 1262 of Official Records,
at page 1109 Santa Clara County Records; thence along the Easterly
line of said 17.30 acre tract of land North 00 05' West-200.00 feet
to an iron pipe; running thence West 120.00 feet to an iron pipe;
running thence South 00 05' East 200.00 feet to an iron pipe set
in the Southerly line of said Section 14; and running thence along
said Southerly line East 120.00 feet to the point of beginning.
Containing 0.55 of an acre and being a portion of the Southeast
quarter of Section 142 Township 7 South, Range 2 West, Mount Diablo
Base and Meridian.
PARCEL THREE
BEGINNING at a stake marked H.1, standing on the South line of Section
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Ap'b1. No. 240644
143 T. 7 S., Range 2 W.; M.D.M., from which stake the Southeast ,.
corner of said Section 14 bears East 35.421 chains; running thence
along the South -line of said Section 149 West 0.623 of a chain to
a stake standing in,the Easterly line of the right of way of the
Southern Pacific Company, formerly of Peninsular Railroad Company,
a corporation; thence along the Easterly line of said right of
way North 18° 57' West 11.541 chains to a stake marked R. M.; thence
North 0° 081 West 6.953 chains to a stake marked H.M. standing at
the Southwest. corner of�that tract of land deeded to Golden West
Distilling Co., a corporation, by Deed dated July 25: 1906 and
recorded in Book 310 of Deeds, page 29, in the office of the County
Recorder of Santa Clara County, California; thence along the South
line of said tract of land South 89' 581 East 4.472 chains to a
stake marked M.1; thence South 00 18, West 17.868 chains to' -the
place of beginning.
CONTAINING APPROXIMATELY 5.84 acres, and being part of the S.E.
quarter of Section 14, T. 7 S. R 2 W., M.D.M.
R "
0
May 28, 1963
Mr. and Mrs. Peter J. Sulaver
21471 Columbus
Cupertino, Calif.
Dear Mr. and Mrs. Sulaver:
We enclose a copy of Resolution 772 which names
the time and place for hearing on the City of Cupertino
annexation entitled "Gagliasso 63-7". All property
owners with :land included are being notified that the
City Council has named Monday,.July 1, at 8:00 P.M.,
at the Board room of the Cupertino Elementary School
District Office, 10300 Vista. Drive, Cupertino, as
the time and place for hearing.
Please contact the City Office if we can be of
any help.
Yours very truly,
CITY OF CUPERTINO
Lawrence K. Martin
City Clerk
LKM: fr
Enc 1.
0
May 28, 1963
Mrs. Onorina Krilitich
285 Coleridge
San Francisco, Calif.
Dear Mrs. Krilitich:
We enclose a copy of Resolution 772 which names
the time and glace for hearing on the City of Cupertino
annexation entitled "Gagliasso 63-711. All property
owners with land included are being notified that the
City Council has named Monday, July 1, at 8:00 P.M.,
at the Board Room of the Cupertino Elementary School
District Office, 10300 Vista Drive, Cupertino, as
the time and place for hearing.
Please contact the City Office if we can be of
any help.
Yours very truly,
CITY OF CUPERTINO
Lawrence K. Martin
City Clerk
LKM: fr
Enc1.
0 0
May 28, 1963
Charles F. and Mildred 2. Gagliasso
21431 McClellan Road
Cupertino, Calif.
Dear Mr. and Mrs. Gagliasso:
We enclose a copy of Resolution 772 which names
the time and place for hearing on the City of Cupertino
annexation entitled "Gagliasso 63-7". All property
owners with land included are being notified that the
City Council has named Monday, July 1, at 8:00 P.M.,
at the Board Room of the Cupertino Elementary School
District Office, 10300 Vista Drive, Cupertino, as
the time and place for hearing.
Please contact the City Office if we can be of
any help.
Yours very truly,
CITY OPP CUPERTINO
Lawrence K. Martin
City Clerk
%KM: fr
Enc1.
1--lay 28, 1963
Mr. John GaSliasso
21546 Stevens Creek Road
Cupertino, Calif.
Dear Mr. Gagliasso:
We enclose a copy of Resolution 772 which names
the time and place for hearing on the City of Cupertino
annexation entitled "Gagliasso 63-7". All property
owners with land included are being notified that the
City Council has named Monday, July 1, at 8:00 P.M.,
at the Board Room of the Cupertino Elementary School
District Office, 10300 Vista Drive, Cupertino, as
the time and place for hearing.
Please contact the City Office if we can be of
any help.
Yours very truly,
CITY OF CUPERTINO
Lawrence K. Martin
City Clerk
LKM: fr
Encl.
0
40
May 28, 1963
Fiuri & Elvira Gagliasso
21546 Stevens Creek Road
Cupertino, Calif.
Dear Mr. and Mrs. Gagliasso:
We enclose a copy of Resolution 772 which names
the time and place for hearing on the City of Cupertino
annexation entitled "Gagliasso 63-7". All property
owners with land included are being notified that the
City Council has named Monday, July 1, at 8:00 P.M.,
at the Board Room of the Cupertino Elementary School
District Office, 10300 Vista Drive, Cupertino, as
the time and place for hearing.
Please contact the City Office if we can be of
any help.
Yours very truly,
CITY OF CUPERTINO
varence K. Martin
City Clerk
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PETITION FOR ANNEXATION
The undersigned property owner(s) heieby make(a) application
to the City of 00 for annexation to said City of the
hereinafter described territory in accordance with the Annexation
of Uninhabited Territory Act of 1939 of the State of California.
Said territory is uninhabited territory, and is situate in the
County of A- e e 'A Q A , State of California,
The undersigned petitioners} is (are) the owner(s) of not
less than one-fourth of the land in the territory proposed to be
annexed to the City of � � i .'� 9 c-� ,, , by area, and by assessed
value as shown on the last equalized assessment roll of the County
of pcN e A 0-.,LA 2-A in which said. territory is situated. Said
territory is bounded and more fully described as follows:
-and- (Indicate street and house no. ASSESSED
A
OWNER_ 2--DRESS or route and box numloer) DATE VALUATIQN-
lfP
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being unable to write, made his mark in our
presence. His name was then written by'the
undersigned;
in his presence;.
Witne s for mark: ��c�
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•
GAGLIASSO 63-7
EXHIBIT "A"
Beginning at a road nail set in the centerline of McClellan
Road distant thereon east, 270.76 feet fr,-)m a 3/4 inch iron pipe
at the intersection thereof' with the centerline of Bubb Road, said
point of beginning being in the northeasterly line of the right of
way of the Southern Pacific Railroad Company, said point also being
on the Cupertino City Limits; thence from said point S. 890 49' W.,
along said centerline of McClellan Road 250.54 feet to a point at
the southwest corner of that certain 0.941 acre tract of land con-
veyed by Margherita Gagliasso to Onorina Krilitich by deed record-
ed May 7, 1945 in Book 1262 of Official Records, Page 112, Santa
Clara County Records; thence from said point N. 00 13' W. along the
westerly line of said 0.941 acre tract and its northerly prolonga-
tion to a stake marked "R.M." standing at the northeasterly line of
the right of way of said Southern Pacific Railroad Company; thence
from said stake and along the northeasterly line of said right of
way N. 190 03' W., 1659.52 feet to a point at the southwest corner
of that certain tract of land conveyed to Charles F. Gagliasso, et
al, recorded May 3, 1961 in Book 5156 of Official Records, at Page
201 Santa Clara County Records; thence from said point and along the
southerly and easterly boundaries of the last mentioned tract of
land, S. 890 56' E., 47.01 feet, thence N. 0° 04' E. 300.00 feet to
a point in the original centerline of Stevens Creek Road; thence
from said point East 506.34 feet to a point at the 1/4 section cor-
ner marking the center of Section 14, T. 7 S., R. 2 W., M.D.B. & M.;
thence southerly along said Section line S. 00 13' W., 1321.85 feet
to a two inch iron pipe; thence East 11.83 feet to a two inch iron
pipe; thence Southerly in a direct line 147.66 feet to a stake marked
"H.M." standing at the Southwest corner of that certain tract of land
deeded to Golden West Distilling Company, a corporation, by Deed
dated July 25, 1906 and recorded in Book 310 of Deeds at Page,29, in
the Office of the County Recorder of Santa Clara County; thence along
the southerly line of the last named tract S. 890 58' E., 295.15 feet
to a stake marked "M. 111; thence N. 00 18' E., 147.55 to a stake
marked "M" standing on the North line of the South half of the South-
west quarter of Section 14, T.7.S., R.2 W., M.D.B. & M.; thence along
said line S. 890 57' E., 565.23 feet to a point at the northeast cor-
ner of that certain tract of land conveyed by Margherita Gagliasso to
John Gagliasso, et al, by Deed recorded May 7, 1945 in Book 1262 of
Official Records, at Pa e 110, Santa Clara County Records; thence
from said point S. 00 0�' E. along the easterly line of the last
named tract, 1323.50 feet to a 2 inch iron pipe standing on the South
line of Section 14, T.7 S., R.2 W., M.D.B.& M.; thence from said pipe
southerly along the prolongation of the last named easterly line to
a point at the centerline of McClellan Road (40 feet wide); thence
westerly along said centerline of McClellan Road to the northerly
prolongation of the easterly line of that certain tract of land con-
veyed by Gospava Sulaver to Gospava Sulaver and Peter J. Sulaver,
mother and son, by Deed recorded November 19, 1952 in Book 4234 of
Official Records, at Page 709, Santa Clara County Records; thence
South along said prolongation and the last named easterly line of
-1-
A`, 1963
Sula.ver 878.00 feet more or less to a 3/4 inch pipe set at the south-
east corner of the last named tract; thence from said point at right
angles, Westerly 117.10 feet to a 3i4 inch iron pipe set in the
Northeasterly line of the right of way of the Southern Pacific Rail-
road Company; thence along said northeasterly line N. 180 59' W.,
928.50 feet to the point of beginning.
Containing approximately 42.401 acres of land.
r
OFFICE 0 !RUNTY ASSESSOR ••• SANTA CLARA COW
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McCLELLAN
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• _ u a. 1XIEW-171,
May 15, 1963
Mr. Larry Martin
City Clerk
City of Cupertino
10321 Sunnyvale -Saratoga Road
Cupertino, California
Dear Mr. Martin:
We have been asked by Mr. Clarence J. Shuh, Attorney
at Law, to express our opinion on the extent of the state's
amd the cou nty's interest in the title to certain property
sold to the state for delinquent taxes.
As we understand, the City of Cupertino proposes to
annex certain land owned by Fiuri, Elvira., and John
Gaglia.sso. The taxes are delinquent on some parcels, and
pursuant to Section 3436 of the Revenue and Taxation Code,
these were "sold11 to the State of California. on June 29,
1962. We are a.dvised that the city believes that because
of this "sale". the annexation petition should be (or can
only be) -signed by the state or the county or both. Mr.
Shuh ha.s stated tha.t the only effect of the "sale" to the state
is to commence the running of the five yea.r period upon which
redemption of the property can be effected, and, therefore,
the above named owners are the ones to sign the petition.
We quite agree with Mr. Shuh's statement. In Weston
Inv. Co. v. State of California, 31 Cal. 2d 390, the Supreme
Court of this state ha.s said:
"When a. property owner is in default in payment
of his tax obligations, the statute imposes
delinquent penalities in order to encourage
voluntary payment of the tax . . . If the
delinquency persists, the property is 'sold'
to the state as a preliminary step in the
70 WEST ROSA STREET • CIVIC CENTER • SAN JOSE 10, CALIFORNIA • COUNTY ADMINISTRATION BLDG. • CY 9-2111
0
0
Mr. Larry Martin
-2-
May 15, 1963
actual enforcement of the tax lien against the
land. The 'sale', which occurs'by operation of
law and declaration of the tax collector', starts
the running of the five-year period at the expiration
of which the state may acquire legal title.19
During the five-year period following the sale to the
state, the legal title to the property, as well as the right
to possession, continues in the taxpayer, subject, of course,
to the lien in favor of the state created by the tax levy.
In effect, the initial sale to the state is merely a book
transaction to facilitate the adjustment of accounts
between the tax collector and the county controller. (In
re Seick, 46 CA 363; Sears v Willard, 165 Cal. 12; 47 Cal.
Jur. 2d, Taxation, sec. 303).
In view of the foregoing, it is our opinion that neither
the state nor the county holds any interest in the subject
property which would entitle either agency to sign a petition
for annexation.
JRh: meb
cc: Tax Collector
Controller -
Clarence J. Shuh
Very truly yours,
SPENCER M. WILLIAMS
County Counsel
By.
e
�ohn R. Kenn dy
',Assistant County Counsel
Ay 17 1963
0952 OT
Title Insurance and Trust Company
SANTA CL-ARA COUNTY OFFICE
66 NORTH FIRST STREET SAN JOSE 13
C F SS -42
CCZOWer23s1 962
IMPORTANT
bi When re 44—A I refer to
Gerald Hansen Our No.
Bank of America Building
San Jose, California
Your No.
The .following is a report on the title to the land described in your application for a Policy of Title Insurance,
and is made without liability and without obligation to issue such policy.
September l8w 1962
Dated as of---- at 7:30 a.m. =4 HARD Title Officer
Vestee: FIURI GAGMIASOO, as to Parcel 1, FIURI GAGMIASSO
and ELVIRA V, ' GAGLIASSO, his wife, as joint tenants,
as to Parcel, 2;, and in
CHARLES V. GAGLIASSOPnd 1AILIMED GAGLIAS$O* his
., x t
cep wife, as joint tenants, as to an undivided 1/3 interest;
LEONAM) McCARTHY a-nd JANET ;McCARTHY$'his wife, as joint
tenants, as to an undivided 1/3 interest; and
LOUIS STOCKLMEIR SR. and LOUIS STOCKLMEIR, JR.,
doing business as STOCKWEIR t STOCKMEIR9 as to an
undivided 1/3 interest, as to parcel 3,
EXCEPTIONSt
First.- Taxes for the fiscal year 1962-63, now a lien, but not
yet due or payable, including personal property tax, if any.
.Second.- -S-ale.to the -State of California on June 29, 1962 on
account of non-payment of Both installment of County
Taxes for the fiscal year 1961-62. Assessment Numbei
360-11-001. Code Number 63-35. The amount necessary
to redeem this sale on or before October 31, 1962 according
to estimate furnished by Goanty. Tax Collector is $351.63.
(Affects 'Parcels 2 and 3)
Third: Sale to the State of California on June 29, 1962 on
account of non-payment of Both installments of County
Taxes for the fiscal year 1961-62. Assessment
Number 360-11-002. Code Number 63-25. The
amount necessary to redeem this sale on or
before October 31, 1962 according to estimate furnished
by County Tax Gollector is $262.64. (Affects Parcel 1)
In addition to any exceptions shown herein, and not cleared, the policy, if issued, will contain stipulations and also exceptions as to
matters outside its coverage which are required by the particular form.
Application No. 240644 page 2
Fourth: Any Municipal Assessments and/or Bonds of the City of
Cupertino. (Affects Parcel 3)
Fif�h: Right of the public to use as a roadway so much of the
premises as lies within the bounds of "Stevens'Creek
Road" . (Affects 'r- arcel 2)
Sixth: Action pending in the Superior. Court of the State of
Calif., in and for the County of Santa Clarn- entitled,
"The People of the State of California, acting by
and through the Department of Public Works vs.
Charles F. Gagliasso,, et all", Case N'o-, 139387,'wherein
complaint in eminent domain was filed on August 20, 1962
to condemn a fee sirople estate for a maintenance station
site in and to 611 of Parcel 3, and portions of Parcels
1 and .2.
Notice of Lis Pendens was filed for record on
August 20, 1962 in Book 5690 of Official Records,
page'359. Recor-der's aerial Number 2246704. ,
a
DESCRIPTION
For description of the real property referred to herein
see EXEIDIT fit. attached hereto and made a part hereof.
gl/jf
4 copies to Gerald fiansen
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Application No. 240644
11
A
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EXHIBIT A
PARCEL ONE
All that certain real property situate in the County
of Santa Clara, State of California, described as follows:
COMMENCING at a point on the Easterly line of the
Southwest 1/4 of Section 14, Township 7 South Range 2
West, M.D.M., from which the point of intersection of
the Easterly line of said Southwest 1/4 with: the center
line of Stevens Creek Road,, -bears North 00 13x East 69.6
feet and running thence South 840 11' West 19.,50,feet;
thence on a curve to the left with a radius of 461.68
feet through an arc subtended by a chord of 144.80 feet
to an iron pipe which is the point of beginning of the
tract about to be described;' thence from said point
of°beginning on a curve to the left with a radius of 461.68
feet through an arc subtended by a chord of 324.00 feet to'
an .iron pipe; thence parallel with the center line
of Stevens Creek Road, South 890 44fi East 230.37 feet
to an iron pipe; thence parallel with the Easterly
line of the aforementioned 1/4-section line North
0° 1V East .227.10 feet to the point. of beginning.
Being a part of the Southwest 1/4 of Section 140 Township
7 South, Range 2 West, M.D.M..-
PARCEL'TWO
All that certain real property situate in the County
of Santa Clara, State of California, described .,as
follows:
All that certain piece or parcel of land situate, lying
being in Section 14.-Township 7 South, Range 2-West,
M.D.M., ' County of Santa Clara, State of California,
described as follows:
Beginning at a point in the center line of Stevens
Creek Road, said point being the center of said
Section 14; thence South 00° 13'tWest along the'Easterly
line of the. Southwest quarter of said Section 14,
a distance of 69.6 feet to a point; therice South.
84° 11° West a distance of 19.5 feet to a point; thence
Westerly and Southerly along a curve to the left, whose
radius of 461.68 feet, an arc distance of 785.93 feet
to a point; thence South 13° 192 East,.a distance_o£
126.72 feet to a point distant 40 feet measured atright
angles. Easterly from the surveyed,center line
of the Southerh Pacific Company's {formerly Peninsular
Railway Company=s) railroad between Monta Vista arid,
Mi
Application No. 240644 . B
and Congress Junction; thence North 19° 03t West along a
line parallel to said surveyed center line a distance
of 804.60 feet to a point in the center line of said
Stevens.Creek Road; thence due East along said
center line of Stevens Creek Road, a distance of655.57 feet
to the point of beginning, containing approximately
3.39 acres:
EXCEPTING THEREFROM that portion thereof described in the
Deed from Fiuri Gagliasso and Elvira M. Gagliasso,
his wife, to Charles F. Gagliasso and Mildred Gagliasso,
his wife, in joint tenancy as to an undivided 1/3
interest; Leonard McCarthy and Janet McCarthy, his wife,
•in joint tenancy, as to an undivided 1/3 interest,
and Louis Stocklmeir, Sr. and Louis Stocklmeir, Jr.,
doing business as Stocklmeir 8 Stocklmeir, as to an
undivided 1/3 interest, dated May 1, 1961 and
recorded May 3, 1961 in Book 5156 of Official
Records, page 201, Recorderts Serial Number
1992095 and more particularly described as follows:
BEGINNING at the 1/4 Section Corner marking the center
of Section 14, Township 79 South, Ranch 2 West, M.B.M.,
in the center lind of Stevens Creek Road; thenc6 from
said point of beginning North 891 56t West along said
center line of Stevens Creek Road for a distance
of 656.34 feet to a point on the Easterly line of the
right of way of the Southern Pacific Railroad Company;
thence South 180 521`50" East along said Easterly line
of the right of way of the Southern Pacific Railroad
Company 63.44 feet to the Southwesterly corner
of that certain 0.441 acre -tract of land described in
the Deed from Fiuri Gagliasso et ux, to County of Santa
Clara, dated August 2, 1954, recorded August 5, 1954 in
Book 2932 Official Records, page 203, Santa Clara County
Records and the true point of beginning of the tract of land
to be described; thence from said true point of beginning
South 180 521 50" East along said Easterly of the
right of way.of the Southern Pacific Railroad Company
317.19 feet; thence South 89° 56t East 47.01 feet;
thence North 00 00 East 300.00 feet to a point in the
Southerly line of said 0.441 acre tract; thence
North 891 56t West along said last mentioned line for
a distance of 150.00 feet to the true point of beginning.
CONTAINING APPROXIMATELY 0.678 acres, and being a portion
of the Northeast 1/4 of the Southwest-.1/4 of Section 14,
-Township 7 South, Range 2 West, M.D.M., as surveyed and monumented
Application No. 240644
0
C
in April, 1961 by Mastin 8 Kingston, Civil Engineers
and Surveyors.
PARCEL THREE
All that certain real property.situate in the City of
Cupertino, County of Santa Clara, State of California,
described as follows:
BEGINNING at the 1/4 S.ection Corner marking th-e center of Section
14, Township 7 South; Range 2 West, M:D.M., in.the center line of
Stevens Creek Road; thence from said point of beginning North 890
560 West along said center line,of Stevens Creek Road for a distance
of`656.34 feet to a point on the Easterly line of the right of way
of the Southern Pacific Railroad Company4 thence South 1810 52' 50"
East along said Easterly line of the right of way of the Southern
Pacific Railroad Company 63..44 feet to the Southwesterly corner
of that certain 0.4.41 acre tract of land described in the Deed from
Fiuri Gagliasso et ux, to County of SantaClara,° dated August 2, 1954,
recorded August 5,'J954 in Book 2932 Official Records, page 203,
Santa Clara County'Records and the true point of beginning of the
tract of land to be -,described; thence from said true point of
beginning South 180 521.5011 East along said Easterly of the right
of way of the..Southern Pacific Railroad Company 317.19 feet; thence.
South 890 56' East 47.01 feet; thence North 00 04' East 300.00 feet
to a point in the�Southerly line of said 0.441.acre tract; thence
North 890.56' West along said last mentioned line for a distance of.
150.00 feet to the true point of beginning.
CONTAINING APPROXIMATELY 0.678 acres,and being a portion of
the Northeast 1/4 of the Southwest 1/4 of Section 14, .,Township
7 South, Range 2 West, M.D.M., as surveyed and wonumen°t4dhisn
April, 196.1 by Mastin & Kingston j Civil Engineers and Surveyors.
Title Insurance and Trust Company
FOUNDED 1893
66 NORTH FIRST STREET • SAN JOSE 13 • P. O. BOX 818 • SAN JOSE 6 • CALIFORNIA • CYPRESS 2-4212
PAUL E. POTTS
VICE PRESIDENT AND MANAGER
Mr. Lawrence Martin
City Clerk
City Hall
Cupertino, California
Dear Mr. Martin:
May 16, 1963
Re: Our Escrow #240644
In accordance with your request, we are enclosing
herewith two copies of preliminary report covering
property of Fiuri Gagliasso, et al.
Yours e y t u ,
PAUL E . POTTS
VICE PRESIDENT - MANAGER
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BEFORE THE BOUNDARY CU101IS03ION OF THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, IN THE MATTER OF THE P11OPOSAL FOR THE ANNEXCLATION
ENTITLED Gaizllasso 6>-7 to
BY A,*`V, L,-Lhi. City
DATE
The Boundary Commission of the County of Santa Clara does hereby
report to the proponents of the above -entitled annexation and/or
withdrawal, as follows:
1. Definiteness and certainty opt 2roposed boundaries.
Definite and certain.
Indefinite andior uncertain in following respects:
2. Non-conformance of boundaries with lines of assessment or
ownership,
X Conforms to lines o2` assessment or ownership.
- Fails to conform to lines of assessment andior owner-
ship in kollowing respects:
3. The creation of islands or corridors of unincorporated
territory.
X Does not create islands or corridors of unincorporated
territory.
Creates islands andi'or corridors of unincorporated
territory in following respects:
I
4. Other defects in or observations as to 2roposed boundaries,
27th. line; Z-;,o,,,.ther1y in a diroat 1,ine 147.66 feetto
V — —,—
APPROVED AND ADOPTED By the Boundary Commission of the County of
Santa Clara,, State of California, this M AV,
by the following vote:
AYES: Commissioners
x5'> Belser;, Enochs, Glaeser., NoI14 sulliva'i I i
NOES: Commissioners,
ABSENT: Commissioners, N -one
M4hrkan�.
abairman. P%o tern
aikman of the--g—oundary -Commission
ATTESRT:
Secretgry of the Boundary 3FEI is s 'ion
AA A Y 19003
July 1, 1963
City Council
City of Cupertino
Cupertino, Calif.
Gentlemen:
We wish to protest your annexation Gagliasso 63-7 on the grounds that it
includes my five acres which is now presently greenbelted and also for the
reason that my joining the City at this time would be of no benefit to me
whatsoever.
Sincerely,
Pete Sulaver
Marlene Sulaver
.JUL 1 1963
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RICHARD V. $RESSANI
(1894-1989)
LAW OFFICES OF
BRESSANI AND HANSEN
512 RANK OF AMERICA BIIII,DIN(�
TELEPHONE CWr..ss 4-0868
SAN JOSE, 13, CA=FORNIA
May 10, 1963.
CIERALD 8. HANSEN
CLARENCE J. SHUH
Mr. John R. Kennedy,
Counter Counsel
70 W. Ross Street
San Jose, California.
Dear Mr. Kennedy:
`;4e rewpzesent Puri Gagilasso, Elvira Gaglia`,so and Jahn Cagliasso
who are property owners of property on which an annexation peti-
tion of the City of Cupaxtinv i; about to be filer?. This prop-
erty is listed on the tax wells under Assessment No. 360-11-03,
029 06, 07 and 028. There" are delinquent 1-.a::.es on at leant the
first four listed parcels. Where has been a "sale to the state"
for such delinquent ta. s az of June 29.
There has been a contention of the City of Cupertino that the
Annexation Petition should, on account of the 'sale to the state",
be signed by the State of California and/or the County of Santa
Clara. We have been attempting to resolve this portion as we feel
that neither the state nor the county as any 't le to this prop-
erty or any interest in this matter sufficient to require either
the state or the county to sign the jknnexation Petition.
it is our position that the only effect of this "sale to the state."
is to start running the five year period upon *hi.ch t1he� t r s cption of
the property can be effected.
In order to resolve this matter, we hereby request that you di-
rect a letter to the City Clerk, of the City of Cupertino, Mr. Larry
Martin, informing him of the position of the County Counsel in this
getter, which 1 understand is that the state or county has no legal
title in this matter that would require their signature on the
annexation. We would appreciate your directing a copy of the let-
ter to tine City of Cupertino to out office.
As we :indicated to you, our time is quite short in this matter and
we would appreciate your directing this letter to the City of
Cupertino as soon as possible.
'thank you for your co-operation in this matter.
SAY 13 1963
Very truly yours,
CJS : EL BUSSANI AND HANSEN
By
MEMORANDUM
From ............... J.1i..L.,.-( .......... 12 . .................19.k.
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W. J. Brooks -
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RAINBOW PRESS
PHONE 295-4810
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