CC Resolution No. 06-051
RESOLUTION NO. 06-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING V ACA TION OF AIR RIGHTS EASEMENTS WITHIN THE
CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA;
V ALLCO PARK ADJACENT TO INTERSTATE 280 AND WOLFE ROAD
WHEREAS, hearing on Resolution of Intention No. 06-007 was held on January 3, 2006, at a
regular meeting of the City Council at 10350 Torre Avenue, Cupertino, California;
WHEREAS, it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the
best interest of the City to vacate the hereinafter described air rights easements; that said easements are
unnecessary for present and prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
I. That any and all protests of the vacation of said air space easements be and hereby are
overruled and denied.
2. That those air right easements described and shown in Exhibits "A" and "B" attached hereto
and made a part hereof, be and hereby are vacated.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is instructed and directed to cause a certified copy of this
resolution, attested to and sealed with the official seal of the City, to be recorded with the County
Recorder of the County of Santa Clara, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 7th day of March 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, Kwok, Mahoney, Sandoval
None
None
None
~~
cfty Clerk ~
;;JA~Hl
Mayor, City of Cupertino
ATTEST:
EXHIBIT "A"
LEGAL DESCRIPTION
VALLCO- PARCEL 1
VACATION OF AIR RIGHTS EASEMENT
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, LYING WITHIN PARCEL I-A PER THAT CERTAIN GRANT DEED TO VALLCO INTERNATIONAL
SHOPPING CENTER, LLC, RECORDED APRIL 19, 2005 IN DOCUMENT No. 18331566 OF OFFICIAL
RECORDS:
BEING A VACATION OF AIR RIGHTS EASEMENT PER AGREEMENT EXECUTED BY AND BETWEEN CITY OF
CUPERTINO AND VALLCO PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED OCTOBER 17,
1974, IN BOOK B135, PAGE 370 OF OFFICIAL RECORDS BEING THE WESTERLY PORTION OF THE REAL
PROPERTY OWNED BY VALLCO, SHOWN SHADED PER EXHIBIT "B" PER SAID AGREEMENT, SUBJECT TO
HEIGHT SPECIFICATIONS PER SAID AGREEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF TRACT NO. 2860 AS SHOWN ON THAT CERTAIN
MAP RECORDED IN BOOK 138 OF MAPS, PAGE 22 AND 23, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE EASTERLY LINE OF SAID TRACT, NORTH 0017'20" WEST, (PER SAID MAP) 340.30
FEET;
THENCE LEAVING SAID EASTERLY LINE, NORTH 88054'46" EAST, 115.62 FEET TO A POINT IN THE
GENERAL NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THAT
CERTAIN DEED RECORDED IN BOOK 7898 OF OFFICIAL RECORDS, PAGE 248, SANTA CLARA COUNTY
RECORDS;
THENCE ALONG SAID LINE, SOUTH 43019'16" EAST, 99.22 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 11033'10" EAST, 245.38 FEET;
THENCE CONTINUING ALONG SAID LINE, ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF
400.02 FEET, THROUGH A CENTRAL ANGLE OF 31044'37", AN ARC LENGTH OF 221.62 FEET;
THENCE CONTINUING ALONG SAID LINE, SOUTH 43017'43" EAST, 260.54 FEET;
THENCE CONTINUING ALONG SAID LINE, IN A SOUTHERLY DIRECTION ALONG A NON-TANGENT CURVE
HAVING A RADIUS OF 147.01 FEET, CONCAVE TO THE SOUTHWEST, WHOSE CENTER BEARS SOUTH
46040'52" WEST THROUGH A CENTRAL ANGLE OF 26009'48", AN ARC LENGTH OF 67.13 FEET TO THE
NORTHEASTERLY CORNER OF PARCEL I-C (1) PER SAID GRANT DEED TO V ALLCO;
THENCE LEAVING SAID GENERAL NORTHEASTERLY LINE ALONG THE NORTHERLY LINE OF SAID PARCEL I-C
(1), ALONG A COURSE IN THE BOUNDARY OF SAID PARCEL I-A, AND ITS WESTERLY PROLONGATION,
SOUTH 88054'46" WEST, 502.05 FEET TO THE EASTERLY LINE OF TRACT 2086 AS SHOWN ON THAT
CERTAIN MAP RECORDED IN BOOK 112 OF MAPS, PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS;
THENCE ALONG SAID EASTERLY LINE NORTH 0004'30" WEST, 415.77 FEET TO THE NORTHEASTERLY
CORNER OF SAID TRACT 2086;
THENCE, ALONG THE NORTHERLY LINE OF SAID TRACT 2086 NORTH 83047'30" WEST, 42.44 FEET TO
THE POINT OF BEGINNING.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, EXHIBIT "B", AND BY
REFERENCE, MADE A PART HEREOF.
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EXHIBIT "A"
LEGAL DESCRIPTION
VALLCO- PARCEL 2
VACATION OF AIR RIGHTS EAsEMENT
ALL THAT PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, LYING WITHIN PARCEL VI PER THAT CERTAIN GRANT DEED TO VALLCO INTERNATIONAL
SHOPPING CENTER, LLC, RECORDED APRIL 19, 2005 IN DOCUMENT No. 18331566 OF OFFICIAL
RECORDS:
BEING A VACATION OF AIR RIGHTS EASEMENT PER AGREEMENT EXECUTED BY AND BETWEEN CITY OF
CUPERTINO AND VALLCO PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED OCTOBER 17,
1974, IN BOOK B135, PAGE 370 OF OFFICIAL RECORDS BEING THE EASTERLY PORTION OF THE REAL
PROPERTY OWNED BY VALLCO, SHOWN SHADED PER EXHIBIT "B" PER SAID AGREEMENT, SUBJECT TO
HEIGHT SPECIFICATIONS PER SAID AGREEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 60014'49" EAST, (PER SAID MAP)
575.42 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL VI PER SAID GRANT DEED;
THENCE LEAVING SAID NORTHEASTERLY LINE OF PARCEL 1 OF SAID MAP ALONG THE COURSE IN THE
BOUNDARY OF SAID PARCEL VI PER SAID GRANT DEED DESCRIBED AS "SOUTH 88054'46" WEST, 384.58
FEET", AND ITS WESTERLY PROLONGATION SOUTH 88054'46" WEST, 571.23 FEET TO A POINT ON THE
WESTERLY LINE OF SAID PARCEL 1 OF SAID MAP, SAID POINT LYING ON THE WESTERLY LINE OF SAID
PARCEL VI PER SAID GRANT DEED;
THENCE ALONG SAID WESTERLY LINES NORTH 15006'31" EAST, 2.41 FEET TO AN ANGLE POINT IN SAID
LINES;
THENCE CONTINUING ALONG SAID WESTERLY LINES NORTH 09017'58" EAST 239.57 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINES, ALONG A TANGENT CURVE HAVING A RADIUS OF
97.00 FEET THOROUGH A CENTRAL ANGEL OF 39048'24", AN ARC LENGTH OF 67.39 FEET TO THE POINT
OF BEGINNING;
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, ExHIBIT "B", AND BY
REFERENCE, MADE A PART HEREOF.
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