00-107 Relinquishment of Hwy Right of Way Reso 00-091STATE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 4
P. O. BOX 23440 MS 11-E
OAKLAND, CA 94623-0440
PHONE (510) 286-5663
FAX (510) 286-4960
September 20, 2000
4-SCI-85-PM 12.9/13.2
Relinquishment No. 56036
CTC Res: R3455
City Council
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
This is to advise you that the California Trans~~ortation Commission Resolution for the
relinquishment of superseded highway right of war in the City of Cupertino, on S. De Anza
Boulevard from the city limit line of the City of Cupertino at Prospect Road to the new State
Route 85, Road 4-SCI-85, was recorded on August 23, 2000 under Recorder's Serial Number
15365706 of the County of Santa Clara.
Attached for your file is a copy of the recorded do~:ument of the Resolution of the California
Transportation Commission. With this recordation ;all of the State's rights, title and interest in
the above mentioned collateral facilities are now ve:~ted in the City of Cupertino.
Please make copies to the following parties within your City: the City Clerk, the City Manager,
the Director of Public Works, Traffic Engineer, City Planner and the City Attorney.
Sincerely,
HARRY Y. YAHATA
District Director
By
MARK S.TURNER
District Office Chief
R/W Engineering, Surveys
And Mapping Services
Enclosures
RECORDING REQUESTED BY
STATE OF CALIFORNIA
WNEN RECORDED -RETURN TO
DEPARTMENT OF TRANSPORTATION
PO BOX 23440
OAKLAND CA 94623-0440
~~~II~'iY~vAI~~IV~~~I'~MYni~
Titles l / Pages
Fees.... No Fees
Taxes...
Copies..
AMT PAID
6
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF CUPERTINO, F:OAD 4-SCL-85-12.9/13.2
Request No. 56036
WHEREAS, highway right of way within the City of
RDE ~ 006
8/23/2000
8 02 AM
Cupertino, between the city limit line of the City of Cupertino
(Prospect Road) and State Route 85, road 4-SC1-85, hereinafter
particularly described, has bee~1 superseded by a change in the
location of said highway; and
WHEREAS, by cooperati~re agreement dated March 20, 2000,
between the City of Cupertino acid the State of California, the
City waived the 90-day notice rE~quirement and agreed to accept
title to said superseded highway right of way and reconstructed
and relocated city street, upon relinquishment thereof to said
City by the State of California; and
WHEREAS, the State of California has acquired right of
way for and has constructed the above-mentioned collateral
facilities in the City of Cupertino, at Rainbow Drive, road
4-SC1-85, in accordance with said agreement; and
TRANSPORTATION COMMISSION PASS~o ~
RESOLUTIC)N No. R3455
JUL 2 0 2000
CALIFORMA
?AANBPORTATION COMMISSION
WHEREAS, this Commission has found and determined, and
does hereby find and determine, that it is desirable and in the
public interest that said highway right of way so superseded and
said collateral facilities be relinquished to the City of
Cupertino for use as city stree-~s;
NOW, THEREFORE, IT IS VOTED by the California
Transportation Commission that _~t relinquish, and it does hereby
relinquish, to the City of Cupertino, effective upon the
recordation of a certified copy hereof with the Recorder of Santa
Clara County, all of the State of California's right, title and
interest in and to said superseded highway right of way and said
collateral facilities in said City, together with the right of
way and appurtenances thereof, described as follows:
SEGMENT 1:
A portion of Rainbow Drive on the westerly side of
South De Anza Boulevard (also known as Saratoga-Sunnyvale Road)
in the City of Cupertino, Count~~ of Santa Clara, State of
California, more particularly described as follows:
COMMENCING at the northerly terminus of the course
described as S1°02'12"W 4.52 feet in a State Director's Deed No.
DD-050357-01-01, recorded on August 30, 1994 under series
No.12633025, Official Records of said county; thence along the
general northerly line of the parcel described in said deed, from
a tangent which bears North Ol°0:?'12" East, along a curve to the
left with a radius of 20.00 feet, through an angle of 90°00'00",
an arc distance of 31.42 feet; thence North 87°57'48" West, 10.88
feet; thence along a tangent curve to the right with a radius of
95'. 00 feet, through an angle of ~4°16' 29" an arc length of 89.99
feet to the westerly line of a p;3rce1 of land described in State
Grant Deed No. 50354, recorded Jizne 30, 1993 in Book M859, Page
2333 of the Official Records of raid county; thence along said
westerly line, from a tangent wh:_ch bears North 34°41' 19" West,
continuing along last course, on a curve to the right with a
radius of 95.00 feet, through an angle of 33°37'10", an arc length
of 55.74 feet; thence North Ol°04'09" West, 248.00 feet to the
westerly line of State Parcel No.50353-2, described as Parcel
No.1B, in the Final Order of Condemnation No.CV720752, recorded
May 16, 2000 under series No.15:?48302 of Official Records of
Santa Clara County; thence alone last said line and its northerly
prolongation, North O1°04'09" West, 31.93 feet; from a tangent
which bears North 17°50'39" West, along a curve to the left with a
radius of 94.00 feet, through ari angle of 04°17'29", an arc length
of 7.04 feet to the southwesterly line of State Parcel No.50353-
1, described as Parcel No.lA in said Final Order of Condemnation;
thence continuing along last said course, from a tangent which
bears North 67°51'52" West, along a curve to the left with a
radius of 94.00 feet, through an angle of 31°49'44", an arc length
of 52.22 feet to the southerly line of Rainbow Drive, 90 feet
wide; thence along last said line North 89°11'04" West, 118.62
feet; thence leaving said southerly line North 00°48'56" East,
90.01 feet to the northerly line of Rainbow Drive; thence along
last said line South 89°11' 04" Exist, 139.55 feet to the
southwesterly line of existing state highway ROAD 4-SC1-85;
thence along last said southwesterly line, South 31°37'44" East,
125.85 feet; thence departing said southwesterly line, from a
tangent which bears South 22°11" 0" East, along a curve to the
right, with a radius of 155.00 fE:et through an angle of 21°07'41",
an arc length of 57.16 feet; thence South Ol°04'09" East, 238.43
feet; thence along a tangent curare to the left with a radius of
29.75 feet, through an angle of 1.78°50'11", an arc length of 92.86
feet; thence South 88°57'48" East, 1.91 feet to a point "A" on the
easterly line of the northerly prolongation of the easterly line
of a parcel of land described in State Grant Deed No. 50357,
recorded June 15,1994 in Book N481, Page 1320, Official Records
of Santa Clara County; thence along last said easterly line and
its northerly prolongation Sout~ Ol°02'12" West, 129.84 feet to
the point of commencement.
SEGMENT 2:
All of the westerly portion of the superseded State
highway, ROAD 04-SC1-85, known pis South De Anza Boulevard (also
known as Saratoga-Sunnyvale Roaci) within the limits of the City
of Cupertno, County of Santa Cl~.ra, State of California lying
between the following described lines:
1. The city limit line common to the City of Cupertino and the
City of Saratoga as it runs along the centerline of Prospect Road
and the city limit line common to the City of Cupertino and the
City of San Jose as it runs along the original center line of
South De Anza Boulevard (also known as Saratoga-Sunnyvale Road),
and
2. COMMENCING at point "A", as said point is described in
SEGMENT 1 above; thence South 88"57'48" East, 60.00 feet to the
said city limit line common to the City of Cupertino and the City
of San Jose, and the end of the =_ines herein described.
EXCEPTING AND RESERVING to the State of California any
and all rights of ingress to and egress from the highway hereby
relinquished in and to the adjacent and adjoining freeway, except
at such points as now are or may be established by resolution of
this Commission.
The bearings and distances used in the above
description are on the California Coordinate System of 1927, Zone
3. Multiply the above distances by 1.0000537 to obtain ground
level distances.
This real property description has been prepared by me,
or under my direction, in conformance with the Professional Land
Surveyors Act.
Signature -~- ~ ~ u'`~ ~ ~ ~
Licensed Land Surv~=yor
Date ~~ ~ G~
THIS IS TO CERTIFY that the foregoing is a full and correct
copy of the original resolution duly pissed by the California
TrartSFrrn ~ss~o 'ts meetmo regularly called and
held on the 2 of July 200 'n the ~ity of South Lake
Tahoe./D i , day of y 2000.
~AN~ 3U
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SPORTATION COMMISSION
CITY OF SARATOGA
SARATOGA-SUNNYVALE
ROAD
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so1•o2'12"W • ~ a~-cel Date
129:84' (T) - ~~ 1.91' 3.~3-1 5 16 00
60.(15' o POINT "A" 3.`~3-2 5 16 00
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DETAIL "82" 01-01
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L=89.99'•
OD-050357-01-t
CITY OF N87'S~'4$"~
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CUPERTINO R=2o.o0'
R/W o =90.00'00"
L= 31.42'-
S01'02'12"W 4.52'~~//~
City Limit
SEGMENT 2
"131 "
CITY OfAi_~
06 15 94
08 30 94
Book Page
#15248302
15248302
M 859 2333
N481 1320
#12633025
REL. N0. 56036
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION
AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
RELINQUISHMENT
IN THE COUNTY OF
SANTA CLARA
SCI - 85 - PM 12.9/13.2
M- 1404 oR. BY: TJC DATE RE~'R R Mo~NUM. OTHER SHEET 1 OF 1
CK. BY: LK 12 MAY Oa
nr
(� 04-SCL\__j KP 20.65 / 21.25
(PM 12.9 / 13.2)
Saratoga-Sunnyvale Road
4238-437801
District Agreement No. 4-1816-C
Document No. SCL-43-
01477.3
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON �. is between the STATE
OF CALIFORNIA, actin b and throw�:s De artment of Transportation,, referred to
g Y g P
herein as "STATE", and
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of California,
referred to herein as
"CITY".
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code Section 73, are authorized
to enter into a Cooperative Agreement providing for relinquishment to CITY of a portion
of State Highway within CITY.
2. STATE desires to relinquish to CITY that portion of Route 85, between Prospect Road to
Rainbow Drive, referred to herein as "RELINQUISHMENT" and CITY is willing to accept
said RELINQUISHMENT.
3. STATE and CITY .have reached an understanding on the work necessary to place
RELINQUISHMENT in a state of good repair and have agreed to the amount
of $170,000.00 as the cost to perform such work.
4. STATE is willing to make a lump sum'payment to CITY to satisfy STATE's obligation to
place RELINQUISHMENT in a state of good repair.
5. CITY is willing to accept a lump sum payment as STATE's total-responsibility to place
RELINQUISHMENT in a state of good repair for the purpose of relinquishing highway to
CITY.
6. Relinquishment will occur upon approval: by the California Transportation Commission
of a Resolution of Relinquishment and. recording of said Resolution in the County
Recorders Office.
7. The parties hereto desire to define herein the terms and conditions under which
relinquishment is to be accomplished.
I 0f4
Distric reement No.4-1816-C
SECTION I
CITY AGREES:
1. Execution of this Agreement constitutes CITY's waiver of the ninety (9 0) days' notice of
"Intention to Relinquish" requirement contained in Section 73 of the Streets and
Highways Code.
2. To accept RELINQUISHMENT described in RECITALS, Article 2, upon receipt of lump
sum payment from STATE and approval by the California Transportation Commission
of a Resolution of Relinquishment and recording of said Resolution in the County
Recorders Office.
3. Upon the adoption, filing and recording of the Resolution of Relinquishment by the
California Transportation Commission, and upon CITY's receipt of STATE's payment, to
accept ownership, maintenance, operation and liability of the relinquished highway.
4. Payment of STATE's final contribution of $170,000.00 to CITY fully meets STATE's
responsibility to place RELINQUISHMENT in a state of good repair and CITY shall
accept RELINQUISHMENT and all rights, title and interest in, without any additional
cost to STATE.
5. To maintain the entire'traffic control signals and safety lighting as installed at the
northbound and southbound intersections of State Route 85/ Saratoga-Sunnyvale
Road and pay an amount equal to 25% of the total maintenance costs, including
electrical energy costs.
6. To maintain, at its own cost and expense, remaining portions of the State Route
85/Saratoga-Sunnyvale Road overcrossing structure within its own CITY limits,
including the deck surface and above, as well as all traffic service facilities that may be
required for the benefit or control of CITY local road traffic.
SECTION II
STATE AGREES:
1. To make a lump sum payment, after allocation of funds and approval of the Resolution
of Relinquishment by the California Transportation Commission and deletion of
RELINQUISHMENT from the State Highway System, of $170,000.00 to CITY, which
figure represents STATE's final and only payment toward the cost of placing
RELINQUISHMENT in a state of good repair for the purpose of relinquishment.
2. To transfer to CITY, upon relinquishment, all records and files for the relinquished
section of highway, including, but not limited to, plans, survey data and right of way
information.
2 of 4
I )ict Agreement No.4-1816-C
0
3. To reimburse CITY for STATE's proportionate share of the cost of maintenance of traffic
control signals and safety lighting as installed at the northbound and southbound
'intersections of State Route 85/ Saratoga-Sunnyvale Road, such share to be an
amount equal to 50% of the total maintenance costs, including electrical energy costs.
4. To maintain, at STATE expense, the entire structure below the deck surface of the
State Route 85/Saratoga-Sunnyvale Road overcrossing.
SEC'T'ION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully defend, indemnity and save harmless the State of California, all
officers and employees 'from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code Section
810.0) occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
3. Neither CITY nor any officer or employee thereof is responsible for any.damage or
liability occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or
actions of every name, kind and description brought for or on account of injury (as
defined in Government Code Section 8.10.8) occurring by reason of anything done or
omitted to be done by STATE under or in.connection with any work, authority or
jurisdiction delegated to STATE under this Agreement..
4. No alteration of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
3 o1`4
1 Distric,,�eement No.4-1816-C
5. This Agreement shall terminate upon recording in the County Recorders Office of the
Relinquishment Resolution for RELINQUISHMENT, or on December 31, 2003,
whichever is earlier in time; however, the, ownership, operation, maintenance, and
liability clauses shall remain in effect until terminated or modified, in writing, by
mutual agreement.
® ,477.3
STATE OF CALIFORNIA CITY OF CUPERTINO
Department of Transportation
JOSE MEDINA
Director of Transportation
By0- Mayor, City of Cupertino
By:
Distri Division Vhik
' i �6-
Attest:
City,,Clerk
Approved as to form and procedure:
Approve as to rm and le i
Attorn
Department of Transportation
Cii5rKttemey
Certified as to budgeting of funds:
DistkGtrtudget Manager
Certified as to financial terms and
conditions:
Accou tn Administrator
1
4 of 4
F � •
j1.v
RESOLUTION NO. 00-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPIERATIVE AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND THE STATE OF CALIFORNIA FOR RELINQUISHMENT
OF A PORTION OF STATE HIGHWAY 85
WHEREAS, there has been presented.to the City Council a Cooperative Agreement No. 4-
1'816C, for relinquishment of a portion of De Anza Boulevard (superseded State Route 85) between
Prospect Road and Rainbow Drive; and
WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have
been reviewed and approved by the City Attorney and the Director of Public Works.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 20`' day of March, 2000,by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal,,Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
�,-\-,TH1SAS TO CERTIFY THAT THE WATHM
INSTRUMENT IS' A TRUE AND CORRECT COPY OF
THE ORIGINAL ON RLE IN THi60FFICL
ATTEST(QATE�, Gl�Lc ,d� d
cI'r;.CLERK of THEGTY of CUPERT No
sr