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
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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
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of ;Santa Clara, State of California, and the specific boundaries
of which are particularly described as follows, to wit:
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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
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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
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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
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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
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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.
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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
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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