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Ord 0441-BLOSSOM HILL NO. 6 ANNEXATIONy ORDINANCE NO. 5<~/ AN ORDINANCE OF THE TOT41N OF LOS GATOS CALLING A SPECIAL ELECTION TO BE MELD ON THE 15th DAB' OF OCTOBER, 1957, PERTAINING TO THE ANNEXATION OF BLOSSOM HILL NO. 6 ANNEXATION TO THE TO14N OF LOS GATOS. WHEREAS, BY Resolution of the Town Council of the Town of Los Gatos, dated July S, 1957, the Town Council of the Town of Los Gatos declared its intention to call a special -ejection in certain inhabited territory contiguous to said towns proposed to be annexed to said town, for the purpose of sub- mitting to the qualified electors residing in said territory the question whether or not said territory shall be annexed to said town; and WHEREAS, a copy of said Resolution was published as required by law; and WHEREAS, on August 5, 1957, at the hour of 7:30 p. m. in the Council Chamber Room of the Town Council in the Town Hall of the Town of Los Gatos a public hearing was held pursuant to said Resolution and said public hearing was duly and regularly continued to the hour of 7:30 p. m. on Monday, the 19th day of August, 1957, to be held in the Council Chamber Room of the Town. Council in the Town Hall of the. Town of Los Gatos; and WHEREAS, said hearings were duly held and conducted as required by law, and all persons owning real property within the said territory so proposed to be annexed and having any ob- jections to the proposed annexation desiring to be heard, were heard, and owners of property within the territory so proposed to be annexed desiring to make written protests against the elections did so and said written protests were read and considered by the Town Council; and -1- WHEREAS, the hearing on protests was closed; and WHEREAS, the Town Council being fully advised finds: That protests were not made by the owners of one-half of the value of the territory proposed to be annexed as shown by the last equalized assessment roll, nor were protests made by public or private owners equal to one-half of the value of the said territory and, therefore, a majority protest has not been made in accordance with Section 35121 of the Government Code; and Tf EREAS, the Town Council of the Town of Los Gatos elected to proceed under the provisions of Government Code section 35121.5 and made changes in the boundaries of the territory proposed to be annexed as it found proper by resolution dated August 19, 19571 which did not include any territory outside of the boundaries des- cribed in the petition for annexation and did not diminish the land area of the territory proposed to be annexed by more than five (5%) per cent. Said Resolution is hereby referred to for further particulars; and WHEREAS, all proceedi g!J have been had in accordance with said resolution and the Annexation Act of 1913, reference thereto hereby being made for further particulars; NOW THEREFORE, the Town Council of the Town of Los Gatos does ordain as follows: Section 1. A special election is hereby called to be held on the 15th day of October, 1957, in the territory hereinafter described and proposed to be annexed to the Town of Los Gatos, for the purpose of submitting to the qualified electors residing in said territory the question whether or not such territory shall be annexed to, incorporated in, and made a part of said Town of Los Gatos. That the new territory in which such special election is hereby called and shall be held is situated in the County -2- 0 0 of ;Santa Clara, State of California, and the specific boundaries of which are particularly described as follows, to wit: -3- i Beginning at the Northwest corner of that certain 2.16 acre parcel of land described in the Deed fro: W.K. Nichols, et al, to Robert K. Nichols, et ux, dated September 1, 1950 and recorded September 18, 1950 in Book 2055 of Official Records, page 404, Santa Clara County Records, said Northwest corner of the 2.16 acre tract being in the center line of a 60 foot right of way, as shown upon that certain Record of Survey on file in Book 23 of Maps, at page 7, Santa Clara County Records, said point of beginning being also in the Town Lin, its of the Town of Los Gatos; running thence along the various courses and distances of said center line of said 60 foot right of way Easterly and Northerly to the point of intersection with the present Southerly line of Blossom Hill Road; thence running North- easterly along the Northeasterly prolongation of said center line of said 60 foot right of way to the point of intersection of said prolonged line with the center line of Blossom Hill Road; running thence along the center line of Blossom ?ill Road, Easterly to the point of intersection thereof with the Northerly prolongation of the Westerly line of that certain parcel_ of land conveyed by Arthur Roy Trogden, et ux, to Harlan B. Herbert, et ux, by geed dated May 12, 1949 and recorded Dlay 261 1949 in Book 1794 of Official Records, page 62, Santa Clara County Records; running thence along the Northerly prolongation of the Westerly line and along the Westerly and South- erly lines of said Herbert parcel., Southerly and Easterly to the point of intersection thereof with the Northerly prolongation of the Westerly line of that certain parcel of land described as Parcel One in the Deed from Bernard H. Thomson, et ux, to Norman W. Cooke, et ux, dated October 25, 1946 and recorded October 30, la46 in Book 13$$ of Official. Records, page 333, Santa Clara County Records; running thence along the Northerly prolongation of the Westerly line and along the Westerly and Southerly lines of said Parcel One so described in the Deed to Cooke, Southerly and Easterly to the South- east corner of said Cooke parcel; thence running along the Southerly -1- Aff d prolongation of the Easterly line of said Parcel One so conveyed to Cooke,Southerly to the Southeast corner of that certain parcel of land conveyed by Ethel M. Haswell to Charles L. Iredale, et ux, by Deed recorded April o, 1954 in Book 2848 of Official Records, at page 15, S,tinta Clara County Records; running thence along the Easterly prolongation of the Southerly line of said parcel so conveyed to Iredale Easterly to the point of intersection thereof with the Westerly line of that certain parcel of land described as Parcel Number 1 in the Deed from San Jose Abstract and Title Company to Sophie K. Heintz, dated February 25, 1957, and recorded February 27, 1957 in Book 3739 of Official ?records, at page 110, Santa Clara County Records; running thence along the various courses and distances of said Westerly line Southerly to the Southwest corner of said last named parcel; running thence along the Westerly prolongation of the Southerly line of said-parcel so conveyed to Heintz Westerly for a distance of 445 feet; running thence in a direct line Southerly to the Northerly line of Section 23, Township 8 South, Range 1 •,est, Mount Diablo Base and Meridian, said direct line being at right angles with said Northerly line of said Section 23 at the point of intersection therewith; running thence along said Northerly line of Section 23 and along the Northerly line of Section 24, Township 8, South Range 1 Wes.t, .Mount Diablo Base and Meridian, Easterly to the Northwest corner of the Northeast quarter of said Section 24; running thence along the West, South and East lines of said Northeast quarter of Section 24, South, East and Tort= to the Northeast corner of said Northeast quarter of Section 24; running thence along the East Line of Section 13, Township 8 South, Range 1 West s_ount Diablo Base and Meridian, North to the point of intersection thereof with the center line of the Blossom Hill Road; running -2-- thence along the center line of Blossom Hill Road, tlesterly to and along the City Limits of the City of Can Jose., to the Southwest corner of that certain 16.$2 acre parcel of sand described as Parcel No. 2 in that certain Deed from Blanche M. Howes, et al, to vvalter W. Powers., et ux., dated August 15, 1954 and recorded September 23b 1954 in Book 2965 of Official Records, page 373, Santa Clara County Records; thence running worth along the 'vest line of said 16.82 acre parcel and along the City Limits of the City of San Jose, to the point of intersection thereof with the Southerly line of that certain parcel of land conveyed by Blanche M. Howes to Pacific Gas and Electric Company, by Deed recorded June 27, 1955, in Book 3208, of Official Records, page 400, Santa Clara County r-ecords; running thence along the Southerly Brie of said last named parcel of land Westerly to the point of intersection thereof nd-th the northerly prolongation of the Easterly line of t'h Ut certain parcel of land conveyed by Ray W. Reynolds and Constance ?Vi. Reynolds to ~villaim L. ;Murphy and Francis A. Murphy, by Deed recorded Karch 18,L 1957, in Book 3753, of Official Records, Page 606, anta Clara County Records; ruining thence along said Northerly prolongation o,' said Easterly line of said last named parcel, Southerly to the point of intersection thereof with the ;Northerly line of said last named parcel; ruining thence along said k'ortherly line of said last named parcel 'esterly to the point of intersection thereof with the Easterly line of Union Avenue as the same now exists; thence 1,~'ortherly along said Easterly line thereof of Union Avenue to the point of intersection/with the Easterly prolongation of the Southerly line of Tract Number 874, Doi!,!-ning Estates, Unit Number 1, filed for record on December 4, 1951 in the Office of the Recorder of the County of Santa Clara, State of California in Book 34 of daps, at page 73, Santa Clara County Records; running thence along the Easterly prolongation of the Southerly line of said Tract and along the Southerly line of said Tract end along the Westerly prolongation of the Southerly line of said Tract olesterly to the point of intersection thereof with the City Limits -3- 0.. Line of the City of San Jose; running thence along the City Limits Line of the City of San Jose Southerly to the center line of Blossom Hill Road; running thence along the center line of Blossom Hill Road and along the City Limits Line of the City of San Jose Westerly to the ~ooint of intersection thereof with the Westerly line of that certain parcel of land conveyed by Milton George Francis, et tx, to Clarence M. Miller by Deed dated December 10, 1953 and recorded January 5, 1954 in Book 2788 of Official Records, at page 149, Santa Clara County Records; running thence along the Westerly line of said 1 ller parcel, Southerly to the Southwest corner thereof, said Southwest corner being also the Northwest corner of that certain parcel of land conveyed by James L.riason, et ux, to Richard A. Chiappellone by Deed dated. Pray 15, 1948 and recorded July 22 a 1948 in Book 1650 of Official Records, at page 520, Santa Clara County Records; running thence a.l ong the Northerly and Easterly lines of said last named parcel of land, Easterly and Southerly to the Southeast corner thereof; thence running along the Southerly prolongation of the Easterly line of said parcel of land so con- veyed to Chiappellone, Southerly to the point of intersection of said Southerly prolonged line with the Northwesterly line of that certain parcel of land conveyed by Gene Echeverria, et u:xx, to Beverly Jean .-,'ilson, by .Deed dated October 7, 1954, and recorded October 28, 1954 in Book 2994 of Official Records, at page 580, Santa Clara County Records; _running thence along the 'northwesterly and Westerly lines of said j^dilson parcel, Southwesterly and `southerly to the Southwest corner thereof; thence running along the Westerly and Southerly lines of that certain 0.491,.2 acre parcel of land con- veyed by Milton George Francis, et ux, to Cora A. Schumacher, by Deed dated August 1, 1940 and recorded August 15, 1940 in Book 992 O1 Official Records, page 549, Santa Clara County Records, Southerly and Easterly to the Southeast corner thereof in the Vesterly line of that certain parcel of land described as Parcel No. 1 in the Deed from Bruce Hageman, et ux, to Graem.e 14a,-Donald, et ux, dated April 13, 1950 and recorded April 27, 1950 in Book 1968 of Official Records, page 540, Santa Clara County Records; running thence along - 4- 0 the Westerly lines of said last named parcel of land the o following courses and distances: S. 90 211 W. 240.31 feet, S,'. 210 141 E. 135.73 feet, S. 370 42t E. 100 #85 feet, S.~ Go 371 W.. 27.21 feet, S. 570 021 55'1 W. 102.97 feet and S. 150 551 E. 191.00 feet to the Southwest corner thereof in the Tovm Limits Line of the Town of Los Gatos; -running thence along the various courses and distances of the Town Limits Line, Toisn. of Los Gatos, Easterly to the point of intersection thereof with the Westerly line of the hereinbefore described parcel conveyed to Hobert K. Nichols, et u:~~) A;* the point of beginning. -5- Section 2. The new territory hereinbefore and in said petition described is hereby designated as BLOSSOM HILL NO. 6 ANNEXATION and said territory shall be indicated and referred to by the name of BLOSSOM HILL NO. 6 ANNEXATION on the ballots to be used at said special election, and upon the ballots to be used at any subsequent election at which the question of the annexation of said territory to the Town of Los Gatos is sub- mitted to the electors of said Town, and the name BLOSSOM HILL NO. 6 ANNEXATION whenever used in the notice of said special election hereby called in said territory, and in any and all proceedings for the annexation of said territory, to the Town of Los Gatos, shall mean and be construed to mean the territory described in said petition for annexation on file herein, as changed by the Town Council by Resolution, dated August 19, 1957, and as so changed the specific boundaries of the territory pro- posed to be annexed to the Town of Los Gatos are hereinabove particularly described. Upon the ballots used at the election shall be printed the words: "'Shall BLOSSOM HILL NO. 6 ANNEXATION be annexed to the Town of Los Gatos'?" printed the words, "Yes" the right of each. Opposite these words shall be and "No" with a voting square to Section 3. For the purpose of holding and conducting said special election hereby called, one voting precinct, denominated as BLOSSOM HILL NO. 6 ANNEXATION Election Precinct, is hereby established and designated and the place at which polls will be open for the election in said new territory herein- before described and proposed to be annexed to the Town of Los Gatos, and the following named election officers therefor are hereby appointed, to wit: BL0330M HILL NO. 6 ANNEXATION ELECTION PRECINCT shall consist of the hereinabove described proposed territory to be annexed to the Town of Los Gatos. Polling. Place: 15840 union verve , Los Gatos, California. Inspector: Teary S. Root Judge: Lera Harper Judge: Lillian Fernsted.t For their services in connection with said election the said inspector shall receive $13.00 and said judges $15.00 each and the person in possession of the polling place named herein shall receive for the use of such premises in connection with said election the sum of $20.00. ;Section 4. Except as otherwise provided in said Annexation Act of 1913, the ballots used, the opening and clos- ing of the polls, and the conduct of the election in the territory shall conform as nearly as possible with the Election Code provisions concerning general election. The qualified electors residing in said new territory so proposed to be annexed to the Town of Los Gatos are hereby directed to vote upon the question of the annexation of said territory to the Town of Los Gatos by stamping a cross (X) in the voting square after the printed word `Eyes' on the ballots to be used at said special election, or by stamping a cross (1~} in the voting square after the printed word "No" on such ballots. If an elector stamps a cross (X) in the voting square after the word "Yes" his vote shall be counted for the annexation, and if he stamps a cross (X) in the voting square after the word Z'No""' his vote shall be counted against annexation. Section 5. The Town Clerk is hereby directed to cause notice of the special election t( Annexation Act of 1913, at least prior to the election in the SAN general circulation, printed and of Los Gatos, but in Santa Clara is situated. be published as required by said once a week for the four weeks JOSE MERCURY, a newspaper of published outside of the Town County in which the territory t 0 • Section 6. The proceedings for the annexation of said new territory hereinbefore described to the Town of Los Gatos have been commenced, and shall be had and taken, under and in accordance with the provisions of an Act of the Legislature of the State of California, entitled "An Act to Provide For the Alteration Of The Boundaries Of And For The Annexation Of Territory To Municipal Corporations, For The Incorporation Of. Such Annexed Territory In And As A Part Thereof, And For The Districting, Government And Municipal Control Of Such Annexed Territory." approved June 11, 1913, and all acts amendatory thereof and supplementary thereto and no cther, which said act is designated and referred to as the "Annexation Act of 1913:' Section 7. This ordinance shall be published once in the LOS GATOS TIMES-SARATOGA OBSERVER, a newspaper of general cir- culation, printed and published in the Town of Los Gatos. The above and foregoing ordinance was duly and regularly in- troduced at a regular meeting of the Town Council of The Town of Los Gatos held on the 19th day of August, 1957, and was there- after on the 26th day of AuZust 1957, at a con- tinued regular meeting duly and regularly adopted by the following vote: AYES: COUNCILMEN: Wm. 0. Graham James F. Thompson Alberto E. Merrill NO?E 3: COUNCILMEN: None ABSENT: COUNCIL~~EN: H. F. Boone James A. Stoops ATTEST: YC3 OF O=r s LOS GATO