Exhibit CC 07-05-2011 Item No. 19 Vallco C ( 7 -- S - (1 Pe # (9
IN THE OCTOBER 17, 1974 AGREEMENT, THE CITY OF CUPERTINO
GRANTED TO VALLCO SHOPPING CENTER CERTAIN EASEMENTS ACROSS
WOLFE ROAD:
1 . THE PEDESTRIAN AND RETAIL SPACE OVERCROSSING WOLFE
ROAD AND
2. THE ROADWAY AND TUNNEL UNDER WOLFE ROAD.
THESE EASEMENTS ARE CURRENTLY IN USE AND WILL CONTINUE TO BE
USED.
IN EXCHANGE FOR THESE EASEMENTS VALLCO GRANTED TO THE CITY OF
CUPERTINO:
1 . AN EASEMENT FOR AIR RIGHTS ABOVE A PLANE TWELVE (12)
FEET TO TWENTY -SIX (26) FEET ABOVE THE PARCEL (APN #316 -20-
088) AND
2. A SECOND EASEMENT FOR SUBTERRANEAN RIGHTS FOR TWO
(2) LEVELS,
BOTH EASEMENTS FOR THE PURPOSE OF A PUBLIC RAPID TRANSIT
FACILITY CONSISTING OF A STATION AND PARKING STRUCTURE.
SINCE THE PROSPECT FOR A RAPID TRANSIT IS REMOTE, THE CITY IS
CONSIDERING A REQUEST BY THE CURRENT OWNER OF THE PROPERTY,
EAST WEST BANK, THAT THE CITY RELINQUISH ITS EASEMENT INTEREST IN
THE PROPERTY WITHOUT ANY CONSIDERATION.
APPARENTLY, THESE EASEMENTS WERE NOT KNOWN UNTIL RECENTLY.
ALTHOUGH THIS AGREEMENT WAS RECORDED AND SHOULD HAVE BEEN
DISCLOSED DURING THE TITLE SEARCHES, THERE WAS NO MENTION OF
THESE EASEMENTS DURING THE 2006 DISCUSSIONS FOR THE 137
CONDOMINIUM UNITS PROJECT BY VALLCO. ALSO, SUBSEQUENT OWNERS
OF THIS PROPERTY, IN THEIR RECENT DISCUSSIONS ABOUT THEIR
PROPOSALS, HAVE NEVER MENTIONED THESE EASEMENTS. THE AIR RIGHTS
EASEMENT WOULD HAVE /WILL AFFECTED ALL OF THESE PROJECTS BY
PRECLUDING THEIR BUILDING ABOVE TWELVE FEET TO TWENTY -SIX FEET.
THE SUBTERRANEAN RIGHTS WOULD HAVE /WILL AFFECTED THEIR PLANS
FOR BELOW GRADE PARKING.
THE REMOVAL OF THESE EASEMENTS WILL INCREASE THE VALUE OF THIS
PARCEL FOR THE PROPERTY OWNER. THEREFORE, THESE EASEMENTS HAVE
VALUE.
THE CITY SHOULD CONSIDER NEGOTIATING THESE EASEMENTS TO:
AN EASEMENT FOR PATH/TRAIL
PRESENTLY THERE IS A TREE -LINED PATH/TRAIL ON THE WEST SIDE
OF THE WEST PERIMETER ROAD, ADJACENT TO SEARS, THE OLD PARKING
STRUCTURE, MACY'S AND THE NEW PARKING STRUCTURE, ENDING AT THE
SOUTH BORDER OF PARCEL #316-20-088.
THE NEW EASEMENT COULD EXTEND THIS PATH/TRAIL NORTHWARD
ALONG THE WEST BORDER OF THE PARCEL.
BESIDE THE PUBLIC BENEFIT OF THE PATH/TRAIL, AN ADDITIONAL BENEFIT
WOULD BE A LANDSCAPED SETBACK FROM THE WALL WHICH SEPARATES
RESIDENTIAL NEIGHBORHOOD FROM THE SHOPPING CENTER.
AN EASEMENT FOR A PATH/TRAIL ALONG THE NORTH BORDER OF THE
PARCEL WOULD COMPLEMENT THE ADJACENT SANTA CLARA VALLEY
WATER DISTRICT PARCEL, OPENING THE POSSIBILITY OF FUNDING FROM
THE SANTA CLARA VALLEY WATER DISTRICT'S CLEAN, SAFE CREEKS AND
OPEN SPACE GRANTS.
CONTINUING THIS EASEMENT FOR A PATH/TRAIL ALONG THE EAST BORDER
OF PARCEL #316 -20 -088 COULD CONNECT WITH THE SIDEWALL /TUNNEL
UNDER WOLFE ROAD.
THEREFORE, 1 SUGGEST THAT THE CITY OF CUPERTINO CONSIDER THE
POSSIBILITY OF NEGOTIATING A CHANGE OF THE EASEMENTS FOR AIR
RIGHTS AND SUBTERRANEAN RIGHTS TO A PATH/TRAIL EASEMENT ON THE
PERIMETER OF PARCEL #316 -20 -088.
SUBMITTED BY DARREL LUM
CC 7 - S -tt L +e w, # (
Karen B. Guerin
From: Ruby Elbogen [rgelbogen @aol.com]
Sent: Tuesday, July 05, 2011 4:20 PM
To: City Council
Subject: Agenda Item 19
To The City Council of Cupertino
I cannot believe this controversial piece of land is once again up for discussion. I
am completely against giving away the overhead and below ground rights. My interpretation of
what this means is that once the city gives up it's rights, our neighborhood will once again
be plagued with developers wanting to build multi story housing there. Developers give
nothing away, and neither should the city. When and if a developer comes up with a plan for
what the existing zoning calls for -a retail or commercial use, we could consider trading the
rights -but not before - -and they should be traded or negotiated and not just given away. It
is also odd that even though this parcel was part of Measure D, they were never revealed
before this. Thank you. Ruby Elbogen
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