101-Staff Report.pdf
PUBLIC WORKSDEPARTMENT
CITY HALL
1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting:July 5, 2011
Subject
Summary easement vacation and Termination of Agreement,where City of Cupertino releases
all of its interest, rights, obligations, duties, etc., acquiredfrom an agreement recorded on
October 17, 1974.
Recommended Action
Adoption of a resolutionsummarily vacating an easement andterminating any interest held by
the City over that certain property locatednorth of Vallco Shopping Center, and immediately
southwest of the intersection of I-280 and Wolfe Road, APN 316-20-088.
Discussion
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On October 17, 1974, an agreementwas established, between the Cityof Cupertino (“City”)
and Vallco Park, Ltd., a California limited partnership (“Vallco”), the property owner at the time.
In this agreement, the City offered to Vallco certain easements across Wolfe Road, in exchange
for easements permitting the construction andmaintenance of automobile parking structuresand
astation serving a proposed public rapid transit facility that was to be constructed contiguous
with I-280.This rapid transit facility and the subsequent parking structure were never
constructed,and there are currently no plans to construct these facilities. East West Bank, the
current owner of the property in question (APN 316-20-088), is requesting that the City
relinquish its interest within the property. Staff has determined that terminating the City’s
interest within this property can occur without adverse effect.
The easements that were provided to Vallco by the City have been utilized and are currently in
use. These easements allow for the pedestrian overcrossing of Wolfe Roadandare not proposed
for termination.In compensation for these easements, besides the subject rapid transit facility
easement, Vallco was also required to make twenty annual payments of $67,000 to the City.
The easement does not contain any public utility facilities and has not been used for the purpose
for which it was originally acquired, since its inception, which then allows for this summary
vacation. Upon recordation of this vacation, the easementwill be removed from the subject
property and no further action by the City will be required.
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Prepared by:Chad E. Mosley, Associate Engineer
Reviewed by:Timm Borden, Director of Public Works
Approved for Submission by:David W. Knapp, City Manager
Attachments:Attachment A