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E-798 Vacating a portion of Pruneridge North of Tantau and Wolfe, Resolution No. 13-086 (Apple)RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 22794744 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages- 49 Fees.... No Fees Taxes... Copies., AMT PAID RDE # 026 12/09/2014 10:30 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RE -RECORDATION OF DOCUMENT #22425337 TO INCLUDE EASEMENT EXHIBITS V3 -V15 REGARDING VACATING A PORTION OF THE PRUNERIDGE AVENUE RIGHT-OF-WAY BETWEEN NORTH TANTAU AVENUE AND NORTH WOLFE ROAD AND VARIOUS EASEMENTS BOUNDED BY NORTH WOLFE ROAD, HOMESTEAD ROAD, NORTH TANTAU AVENUE, AND HIGHWAY 280, AS PROVIDED IN SECTION 8320 SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, RESOLUTION NO. 13-086 'Original 11 For Fast Endorsement "NO FEE" VERIFICATION I have reviewed this Easement and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 5th day of December, 2014, at Cupertino, California. Andrea S ers Senior Office Assistant City of Cupertino RESOLUTION NO. 13-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING A PORTION OF THE PRUNERIDGE AVENUE RIGHT-OF-WAY BETWEEN NORTH.TANTAU AVENUE AND NORTH WOLFE ROAD AND VARIOUS EASEMENTS BOUNDED BY NORTH WOLFE ROAD, HOMESTEAD ROAD, NORTH TANTAU AVENUE, AND HIGHWAY 280, AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, pursuant to Streets and Highways Code Section 8300 et seq. of the State of California, the City of Cupertino is authorized to vacate street rights-of-way and public easement interests; and WHEREAS, development of the proposed Apple Campus 2 Project, which consists of redevelopment of an existing office park into a single, unified campus on property generally bounded by North Wolfe Road, Homestead Road, North Tantau Avenue, and Highway 280, requires vacation of a portion of a City, street known as Pruneridge Avenue that intersects the Project site as more particularly described in the legal description and map attached hereto and made a part hereof as Exhibits "V-1" and "V-2" (the Fee Vacation Area); and WHEREAS, development of the proposed Apple Campus 2 Project requires vacation of various public street easements for access and public service easements for utilities and light and air within the proposed Apple Campus 2 Project site, more particularly described in Exhibits "V-3" through "V-15" (Legal Descriptions and Plats) attached hereto and made a part hereof (the Easement Vacation Area) ; and WHEREAS, the City Council did, on the 17th day of September 2013, adopt a resolution of intention to vacate the aforementioned portion of Pruneridge Avenue and the public easements (the "Vacations"), and the City Clerk has conspicuously posted ten (10) signs on Pruneridge Avenue not more than 300 feet apart and on the Project site for a period of more than two weeks and published notice declaring said intention, and the date, time, and place of a public hearing to consider said intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code; and WHEREAS, public utilities were notified of the intent to vacate Pruneridge Avenue. and the various easements and have not commented, although they are aware i Resolution No. 13-086 Page 2 of the proposed Apple Campus 2 and are actively working with Apple Inc. on the design of utility relocations; and WHEREAS, the City Council of the City of Cupertino held a hearing at the noticed date, time, and location and heard any evidence offered by interested persons; and WHEREAS, the Planning Commission of the City of Cupertino found that these Vacations are consistent with the General Plan as amended by the proposed General Plan amendments for the Apple Campus 2 Project; and WHEREAS, the vacation of the Fee Vacation Area and the Easement Vacation Area are included in the Project that is evaluated in the Apple Campus 2 Environmental Impact Report ("EIR"), certified on October 15, 2013 by the City Council of the City of Cupertino, Resolution No. 13-082. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby finds and determines, from all the evidence submitted, that 1. Pursuant to sections 8324 of the California Streets and Highways Code, when considering the entire transportation network in the City and surrounding jurisdictions, the portion of Pruneridge Avenue in the Fee Vacation Area is no longer needed by the public, is unnecessary for present and prospective public use, and is no longer needed for vehicular traffic because there are adequate alternative circulation routes around the proposed Apple Campus 2 development consisting of North Wolfe Road, East Homestead Road, Vallco Parkway, and North Tantau Avenue, which provides adequate facilities for automobile traffic and along which sidewalks and bicycle facilities around the site will be enhanced in order to offset the impact upon pedestrians and bicycle traffic due to the closure of Pruneridge Avenue; additional traffic enhancements and improvements will be constructed to accommodate additional and diverted traffic, minimizing the impacts upon the community and the surrounding communities and adjacent roads or freeway; the circulation within the Project will be provided by separate private streets and pathways; and in-place public utilities serving other properties will be relocated to other locations without any interruption or degradation in service; and 2. Pursuant to sections 8324 of the California Streets and Highways Code, the public easements in the Easement Vacation Area are no longer needed by the public and are unnecessary for present and prospective public use because the Apple Campus 2 Project includes development of all necessary access and utilities to serve the Project 2 Resolution No. 13-086 Page 3 and because public utilities serving other properties will -be relocated to other locations without any interruption or degradation in service; and 3. Pursuant to section 8340 of the California Streets and Highways Code, public convenience and necessity requires that this vacation does not reserve any easement or rights to maintain, operate, replace, remove, or renew any m -place public utility facilities that are in use because the utilities that currently serve the Project site will no longer be necessary and because this Resolution will notbecome effective until utilities that serve other properties have been relocated; and 4. Pursuant to section 8313 of the California Streets and Highways Code, these Vacations are consistent with the General Plan as amended by Resolution No. 13-083; and '5. Pursuant to sections 8314 and 892 of the California Streets and Highways Code, these Fee and Easement Vacation Areas are not useful as a non -motorized transportation facility because of the security requirements for access to the Apple Campus 2 Project, because the circulation of pedestrian and bicycles around the perimeter of the site and on nearby facilities that provide parallel routes, such as Vallco Parkway, will be enhanced in order to offset the impact upon pedestrians and bicycle traffic due to the closure of Pruneridge Avenue, and because alternative pedestrian and bicycle routes will continue to provide reasonable access and circulation; and 6. Pursuant to section 8355 .of the California Streets and Highways Code, for the reasons set out in finding No. 1, the portion of Pruneridge Avenue in the Fee Vacation Area .is no longer needed by the public and thus'the City may sell the Fee Vacation Area; and 7. The Vacations are in the interest of the safety, convenience and good of the general public, are reasonably related to the regional welfare and, pursuant to section 37350 of the California Government Code, the Vacations and any- future duly authorized disposal of the Fee and Easement Vacation Areas are for the common benefit, because they are necessary to accommodate the Apple Campus 2 Project, which will contribute to the health, safety' and welfare of the public and the community as a whole. Vacating the Fee and Easement Vacation Areas will allow Apple to create a world-class corporate campus and meet the City's objective of retaining Apple's corporate headquarters. The Project will have fiscal benefits for the City and the surrounding region as demonstrated in the Economic and Fiscal Impacts reports .for the Project. It will increase employment in Cupertino by increasing the number of employees on the site. The Project will also increase the number of trees on the site. The 3 Resolution No. 13-086 Page 4 Project requires a single, unified, private and secure campus in order to address security needs, and thus keeping Pruneridge Avenue open to the public is incompatible with the Project. The circulation of pedestrians and bicycles around the site will be enhanced in order to offset the impact upon pedestrians and bicycle traffic due to the closure of Pruneridge Avenue. The Project will greatly expand the permeable surface area of the site, improve water quality in the nearby Calabazas Creek, and create substantial private open space. All of the Project's energy needs will be provided by renewable energy. The Project will utilize extensive Traffic Demand Management strategies in order to minimize the number of single occupant vehicles driving to and from the site. The Project includes mitigation measures designed to reduce the traffic impact upon the neighborhood, the City and the surrounding affected communities. Additional traffic enhancements and improvements have been included in the Project to minimize the impact upon the community and the surrounding communities and adjacent roads or freeways and to improve emergency response times throughout the City. The Project will be constructed on an infill site and will result in regional environmental benefits because it will not require extension of utilities or roads into undeveloped areas or lead to development of greenfield sites in the region; and 8. For the reasons set forth in the preceding finding, as well as the benefits identified in the Statement of Overriding Considerations, these Vacations are in the public interest. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby vacates a portion of Pruneridge Avenue from North Wolfe Road to North Tantau Avenue in Cupertino, as shown and described in Exhibits "V-1" and "V-2" hereto, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby vacates public easements, consisting of access, public utility, and light and air easements, within the proposed Apple Campus 2 development, generally bounded by North Wolfe Road, Homestead Road, North Tantau Avenue, and Highway 280 in Cupertino, as shown and described in Exhibits "V-3" through "V-15" hereto, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED that this Resolution shall not become effective unless and until (1) the City and Apple Inc. have entered into a Development Agreement, (2) City Council Ordinance No. 13-2114 approving the Development Agreement has become effective, (3) the City and Apple Inc. have entered into a Purchase 0 Resolution No. 13-086 Page 5 and Sale Agreement for the Fee Vacation Area, (4) all in-place public utilities necessary to serve other properties have been relocated to the satisfaction of the Director of Public Works, and (5) Pruneridge Avenue is closed to public traffic. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby authorized, upon notification from the Director of Public Works that Apple Inc. has met all precedent conditions, to record or cause to be recorded the executed original of this Resolution in the Office of the Recorder of the County of Santa Clara, at which time the vacation will be complete and the area vacated will no longer be a City street or public service easements. PASSED AND ADOPTED at an Adjourned Regular meeting of the City Council of the City of Cupertino this 15th day of October, 2013, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN RECUSE: ATTEST: Members of the City Council Mahoney, Wong, Chang, Santoro None None None Sinks C__51VW';S_C_L Grace Schmidt, City Clerk /H'W3 Orrin Mahoney, 5 City of Cupertino BXHIBIT V-1 EXHIBIT V-1 LEGAL DESCRIIPTION FOR: STREET VACATION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Pruneridge Avenue as shown on that certain Parcel Map filed for record on October 01, 1976 in Book 380 of Maps at Page 49, Santa Clara County Records, and being more particularly described as follows: Beginning at the intersection of the centerline of Pruneridge Avenue (92' wide) and Tantau Avenue (75' wide) as shown on said Parcel Map, Thence westerly along the centerline of said Pruneridge Avenue, South 89025'11" West, 3 7.5 1 feet to a point on the southerly prolongation of the westerly right-of-way line of said Tantau Avenue, and said point also being the True Point of Beginning; Thence northerly along said prolongation, North 00026'29" East, 95.12 feet to a point of cusp; Thence along the northerly right-of-way line of said Pruneridge Avenue, the following twelve (12) courses and distances: 1. Along a non -tangent curve to the right having a radius of 50.00 feet, and to which point a radial line bears South 89°33'31" East, through a central angle of 88°58'42" for an arc distance of 77.65 feet; 2. South 89'25'11 " West, 114.23 feet; 3. Along a non -tangent curve to the left having a radius of 646.00 feet, and to which point a radial line bears North 00°34'39" West, through a central angle of 25"10'09" for an arc distance of 283.78 feet; 4. Along a non -tangent curve to the right having a radius of 554.00 feet, and to which point a radial line bears South 25°46'00" East, through a central angle of 04°20'22" for an are distance of 41.96 feet; 5. South 00°12'57" West, 1.08 feet; 6. Along a non -tangent curve to the right having a radius of 555.00 feet, and to which point a radial line bears South 21'23'16" East, through a central angle of 20°47'48" for an arc distance of 201.45 feet; 7. South 89'25'19" West, 211.89 feet; 8. Along a non -tangent curve to the right having a radius Of 555.00 feet, and to which point a radial line bears South 00°35'03" East, through a central angle of 41 '2.8'12" for an arc distance of 401.70 feet; 9. North 49°06'20" West, 799.86 feet; 10. Along a non -tangent curve to the left having a radius of 645.00 feet, and to which point a radial line bears North 40°53'45" East, through a central angle of 40'17'1-9" for an arc distance of 453.54 feet; 11. North 89°23'53" West, 40.04 feet; 12. Along a curve to the right having a radius of 60.00 feet, through a central angle of 12°59'48" for an arc distance of 13.61 feet; Thence leaving said northerly line of Pruneridge Avenue, the following eleven (11) courses and distances: 1. South 00°35'45" West, 12.54 feet; 2. Along a curve to the left having a radius of 9.50 feet, through a central angle of 89059'38" for an arc distance of 14.92 feet; I:IPROJECTSI411020-21DOCSISURVEY DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIOMLegal Description.docx October 14, 2013 Job No. A 11020-2 Page 2 of 2 3. South 89°23'53" East, 47.00 feet; 4. Along a curve to the right having a radius of 87.50 feet, through a central angle of 21'59'15" for an arc distance of 33.58 feet; 5. South 67°24'38" East, 12.97 feet; 6. Along a curve to the left having a radius of 62.50 feet, through a central angle of 15°55'54" for an are distance of 17.38 feet to a point of reverse curvature; 7. Along a curve to the right having a radius of 612.50 feet, through a central angle of 34'14'12" for an are distance of 365.99 feet; 8. South 49°06'20" East, 105.52 feet; 9. Along a curve to the left having a radius of 173.50 feet, through a central angle of 22'55'10" for an arc distance of 69.40 feet to a point of reverse curvature; 10. Along a curve to the right having a radius of 35.50 feet, through a central angle of 202'55'10" for an arc distance of 125.73 feet; 11. South 40°53'40" West, 4.00 feet to a point on the southerly right-of-way line of said Pruneridge Avenue; Thence along said southerly line, the following seven (7) courses and distances: 1. South 49°06'20" East, 612.97 feet; 2. Along a non -tangent curve to the left having a radius of 646.00 feet, and to which point a radial line bears South 40°53'09" West, through a central angle of 41'28'12" for an arc distance of 467.57 feet; 3. North 89025'19" East, 211.91 feet; 4. Along a non -tangent curve to the left having a radius of 646.00 feet, and to which point a radial line bears South 00°35'28" East, through a central angle of 25°10'27" for an arc distance of 283.83 feet; 5. Along a non -tangent curve to the right having a radius of 554.00 feet, and to which point a radial line bears North 25°44'48" West, through a central angle of 25°10'09" for an are distance of 243.36 feet; 6. North 89°25'11" East, 110.81 feet; 7. Along a curve to the right having a radius of 50.00 feet, through a central angle of 91'01'18" for an arc distance of 79.43 feet to a point of cusp on the westerly right-of-way line of said Tantau Avenue; Thence northerly along the previously mentioned prolongation of the westerly right-of-way line of Tantau Avenue, North 00°26'29" East, 96.91 feet to the True Point of Beginning. Containing 4.534 f Acres. As shown on EXHIBIT V-2 attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. Date /Q - /!57"/ 3► Wi 'ey....0 .�y M. Amaya "LS 8134 ��`or`o SRC S�� Q�Q� VA' A4fq9 �Q OFCAVX" � 1:IPROJECTSI411020-21DOCSISURVEY DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIOMLegal Descripfion.docx o�cs 9-555•p0, \48 .1� 1` N L2 1 L1 ��� DI 0 1.A5 \ GZ L14 L5 L4 _554.0 ` L13 �s9 AVENUE'\ L12 PORTION OF PRUNERIDGE AVENUE TO BE J VACATED 1 4.534 ± ACRES 0 Lq C3 N L L7 6 C4 L8 J C5 Q L9 Q Ir LL \ J, Q r 1 I I EXHIBIT V-2 POINT OF BEGINNING C1 50 00' 6 Ft25,�ppg1 0�^24336 �l 9 TRUE POINT OF BEGINNING nw w' --- 'o 9 9 Fla NILn wl wl -'n to 9to - la NIo Ni 11 co is J �=2a _ �RILri LO ` o�cs 9-555•p0, \48 .1� 1` N L2 1 L1 ��� DI 0 1.A5 \ GZ L14 L5 L4 _554.0 ` L13 �s9 AVENUE'\ L12 PORTION OF PRUNERIDGE AVENUE TO BE J VACATED 1 4.534 ± ACRES 0 Lq C3 N L L7 6 C4 L8 J C5 Q L9 Q Ir LL \ J, Q r 1 I I EXHIBIT V-2 POINT OF BEGINNING C1 50 00' 6 Ft25,�ppg1 0�^24336 �l 9 TRUE POINT OF BEGINNING nw w' --- Z ola olo S 89°33'31'_E�R} �� W > �I4 (R=50.00') 13.61' �uY R256p09" L3 GN D= 378 Jd, J �=2a _ o�cs 9-555•p0, \48 .1� 1` N L2 1 L1 ��� DI 0 1.A5 \ GZ L14 L5 L4 _554.0 ` L13 �s9 AVENUE'\ L12 PORTION OF PRUNERIDGE AVENUE TO BE J VACATED 1 4.534 ± ACRES 0 Lq C3 N L L7 6 C4 L8 J C5 Q L9 Q Ir LL \ J, Q r 1 I I EXHIBIT V-2 POINT OF BEGINNING C1 50 00' 6 Ft25,�ppg1 0�^24336 �l 58 TRUE POINT OF BEGINNING m® m®vera �Q\�Q 554.00' 04°20'22" 41.96' .25102„ C3 viC Z 13.61' L=283.83 C4 C5 Jd, orsl� Q < _ 1.08' L5 �� ofa Z, 1 N 89°23'53" W rS L7 S 00°35'45" W 12.54' L8 21°23'16" ER) 47.00' ' S 67°24'38" E (R=555.00').- L10 S 49°06'20" E 105.52' L11 S 40°5340" W CURVE TABLE: CURVE RADIUS DELTA LENGTH L12 Ft= D0� '2 AA' 211.91' 00-'A')'- ' R, Zp 0,4 64.0 C6 62.50' 58 77. 5 m® m®vera C2 554.00' 04°20'22" 41.96' DETAIL C3 60.00' 12°59'48" 13.61' �ti SCALE: 1"=10' C4 C5 9.50' 87,50' 89°59'38" 21°59'15" 14.92' 33.58' ��o l AND s�P c,<`� F� M • q,y�q GFS J'j iyo 8 � 31' qTF OF C N 40°53'45" E(R) C6 62.50' 15°55'54" 17.38: (R=645.00') C7 173.50' 22°55'10" 69.40' L1 C8 35.50' 202°55'10" 125.73' s ciii C9 50.00' 91°01'18" 79.43' _ 1.08' L5 S B9°25'19" W 211.89' - L11� Os,PORTION OF �O-. PRUNERIDGE AVENUE /2 TO BE VACATED 4.534 ± ACRES .D,; :`::;, 379937a) r �f r 1 A/" k LINE TABLE: No LINE BEARING DISTANCE L1 S 89°25'11" W 37.51' L2 N 00°26'29" E 95.12' L3 S 89°25'11" W 114.23' L4 S 00°12'57" W 1.08' L5 S B9°25'19" W 211.89' L6 N 89°23'53" W 40.04' L7 S 00°35'45" W 12.54' L8 S 89°23'53" E 47.00' L9 S 67°24'38" E 12.97' L10 S 49°06'20" E 105.52' L11 S 40°5340" W 4.00' L12 N 89°25'19" E 211.91' L13 N 89°25'11" E 110.81' L14 N 00°26'29" E 96.91' Os,PORTION OF �O-. PRUNERIDGE AVENUE /2 TO BE VACATED 4.534 ± ACRES .D,; :`::;, 379937a) r PLAT TO ACCOMPANY LEGAL DESCRIPTION OCT. 2013 FOR: STREET VACATION SCALE 1 = 200' CUPERTINO CALIFORNIA DR. BY SB k w KI ER & WRIGHT JOB Al 1020-2 EXHIBIT V-2 CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 USEdsb°b° L\PROJECiS\AIIUZO-Z\DV4C\SIFVEY\PLAIS\PRUUERIDC{ VACAIION\S7REET VACADCN\C-PLAI.drg OCTOBER 15, 20 3 6:54 AU Santa Clara, California 95054 fax (408) 727 5641 1 OF r 1 A/" k No i may° 00• `40� 8 A0' ;i^= LLJ Q w r' (/7 PLAT TO ACCOMPANY LEGAL DESCRIPTION OCT. 2013 FOR: STREET VACATION SCALE 1 = 200' CUPERTINO CALIFORNIA DR. BY SB k w KI ER & WRIGHT JOB Al 1020-2 EXHIBIT V-2 CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 USEdsb°b° L\PROJECiS\AIIUZO-Z\DV4C\SIFVEY\PLAIS\PRUUERIDC{ VACAIION\S7REET VACADCN\C-PLAI.drg OCTOBER 15, 20 3 6:54 AU Santa Clara, California 95054 fax (408) 727 5641 1 OF EXHIBIT V-3 EXHIBIT V-3 LEGAL DESCRIPTION FOR LIGHT AND AIR EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 4 as shown on the Parcel Map filed September 7, 1973 in Book 329 of Maps, Page 49, Santa Clara County Records, described in the Deed recorded as Document Number 13789966, Official Records of Santa Clara County, described as follows: A strip of Land 4.30' in width, the Southwesterly line of which is described as follows: Commencing at the most southerly corner of Parcel 3 as shown on said Parcel Map, thence South 49006'20" East, a distance of 65.61 feet to the True Point of Beginning; thence South 49006'20" East, a distance of 162.50 feet to the terminus of this strip. Containing an Area of 699 Square Feet, more or less. As shown on Exh V-3 attached hereto, and made a part hereof. 21 SCALE 0 10 20 30 40 50 1 inch = 50 feet / ti q 4�tig P.O.C. NAO'S3'A0"E �\ %, 4.30' Gwti�q Sg s�9• T.P.O.B. 9• 06, AREA 699± SQUARE FEET APN 316-06-051 1162 S6, APN 316-06-050 NsI / 9. �s foo LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION SANDIS�;�M;„::�"" M E MOM Are. I Wd"ok G MM I F 40410&MM � F. 40 xw4m 1 www omd&"ot APN �s 316-06-043 8,9 , EXHIBIT V-3 n n is SHEET LIGHT AND AIR EASEMENT ier: Rwas VACATION 1 ED BY; ASC Ana: CUPERTINO CA 213103 1 OF 1 SHEETS EXHIBIT V-41 EXHIBIT V-4 LEGAL DESCRIPTION FOR ROADWAY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, as described in the Deed recorded as Document Number 14826072, Official Records of Santa Clara County, described as follows: Commencing at the westerly terminus of a course on the northerly line of Pruneridge Avenue as shown on that certain Parcel Map filed October 1, 1976.in Book 380 of Maps, Page 49, Santa Clara County Records, said course having a bearing of North 89°25'11" East and a length of 114.20 feet; thence Along said northerly line, along the arc of a tangent curve to the left having a radius of 646.00 feet, through a central angle of 11°18'10", an arc distance of 127.44 feet to the Point of Beginning; thence Continuing along said curve, through a central angle of 05°08'50", an are distance of 58.03 feet; thence North 17002'03" West, a distance of 2.93 feet; thence North 74000'13" East, a distance of 23.51 feet; thence North 76043'43" East, a distance of 34.78 feet; thence South 11052'59" East, a distance of 2.85 to Point of Beginning. Containing an Area of 162 Square Feet, more or less. As shown on Exh V-4 attached hereto, and made a part hereof. D AREA TO BE VACATED 162+1- SQFT N. TANTAU AVENUE P.O.C. P.O.B. ; SHEET 2 "EXHIBIT D" .\` 1 ' N. WOLFE ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION S A N D' V I iuigenit eras MaDumeAw.I sunjvW*,CK94M I P.40&63UM I Moea3UM I wwwjmds,Ms EXHIBIT V-4 dO.3 PRUNERIDGE AVENUE ROADWAY EASEMENT(DOC14826072) KEY MAP CUPERTINO CA OF 2 SH= LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT Curve Table Curve # Length Radius Delta C1 58.03 646.00 005'08'50" Line Table Line # Length Direction L1 2.93 WT 02' Q3"W L2 23.51 N74" 00' 13"E L3 34.78 N76' 43' 43..'E L4 2.85 S11* 52' 59"E PLAT TO ACCOMPANY LEGAL DESCRIPTION V A N ® 1 .S I fLA11M eS"�[[P9 936 E DuaneAm I Sunnyvg%CAW.M I P.40BA3GA900 1 i 4CU3G9999 I wwwaondicast NORTH ITANTAU AVE W I APN: 316-06-03 N PARCEL 1 POC �, Z 308-M-12 -- APN: $ o 3.16-07-045 N W POB L4 L3--� U L1 y` 2 a 1 APN: 316-07-044 APN: 3 16"07-046 ti 380-M-49 EXHIBIT V-4 11E: 9 1s PRUNERIDGE AVENUE SHEET :AEE : 1'=100' AWN BY: MS ROADWAY EASEMENT �'9 PROVED BY: ASC (DOC#14826072) L AWING NQ: 213103 CUPERTINO CA or 2 Stiff [EXHIBIT V-5 EXHIBIT V-5 LEGAL DESCRIPTION FOR ROADWAY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Parcel shown on the Parcel Map filed October 1, 1976 in Book 380 of Maps, Page 49, Santa Clara County Records, described in the Deed recorded as Document Number 14826068, Official Records of Santa Clara County, described as follows: A strip of Land 4.00' in width, more particularly described as follows: Commencing at the southeasterly terminus of the course shown as North 49°06'20° West with a length of 799.86 feet on the north line of Pruneridge Avenue as shown on said Parcel Map, thence along said line North 49006'20" West, a distance of 465.38 feet to the Point of Beginning; thence Continuing along said line, North 49006'20" West, a distance of 58.70 feet; thence North 40053'40" East, a distance of 4.00 feet; thence South 49°06'20" East, a distance of 58.70 feet; thence South 40053'40" West, a distance of 4.00 feet to the Point of Beginning. Containing an Area of 235 Square Feet, more or less. As shown on Exh V-5 attached hereto, and made a part hereof. ' 60' 0' I.■�--f--.....ISI Q' SCALE : 1 inch = 60 FEET APN: 316-07-044 LEGEND APN: 316-07-046 P.O.B. POINT OF BEGINNING 380-M-49 / (R) RADIAL J =f- AREA TO BE VACATED , 235+1- SQFf / Line Table Line # Length Direction L1 58.70 S49' 06' 20"E L2 4.00. S40' 53' 40"W L3 58.70 N49' 06' 20"W L4 4.00 N40' 53' 40"E b �o P eo�� �o 4 10.00' P.U.E (7582 U.R. 607) POB /r cp' / / APN: 316-06-037 PARCEL 2 329-M-49 PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT V-5 C `N. C PRUNERIDGE AVENUE 4` SHmT Y ■ \ ®'Y I CIYIl 6Xa1N8CP5 SURYFYORS J �4ANN6Nf c+evr�BY: OMfa STREET EASIMENT 71 AP IOM BY. ASC 0.4826068) VACATION' 936EDuarreAvO. � Sumryrele,CA440Ri (R40Rb96.0900'�F.'gRa646.D99B� wNwaendts.net (�AW1rG �: -,Uk1NYVLLE 90SEVILLE OLVIL11D 213103 CPERTINO CA of 1 s EXHIBIT V-6 EXHIBIT V-6 LEGAL DESCRIPTION FOR ROADWAY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Parcel shown on the Parcel Map filed October 1, 1976 in Book 380 of Maps, Page 49, Santa Clara County Records, described in the Deed recorded as Document Number 14826070, Official Records of Santa Clara County, described as follows: A strip of Land 4.00' in width, more particularly described as follows: Commencing at the southeasterly terminus of the course shown as North 49°06'20" West with a length of 799.86 feet on the north line of Pruneridge Avenue as shown on said Parcel Map, thence along said line North 49°06'20" West, a distance of 84.11' feet to the Point of Beginning; thence Continuing along said line, North 49006'20" West, a distance of 58.52 feet; thence North 40053'400 East, a distance of 4.00 feet; thence South 49006'20" East, a distance of 58.52 feet; thence South 40053'40" West, a distance of 4.00 feet to the Point of Beginning. Containing an Area of 234 Square Feet, more or less. As shown on Exh V-6 attached hereto, and made a part hereof. W ew SCALE : 7 inch = 60 FEET LEGEND P.O.B. POINT OF BEGINNING (R) RADIAL AREA TO BE VACATED '00, 234+/- SQFT Doo Line Table Line # Length Direction L1 58.52 S49' 06' 20"E L2 4.00 S40' 53' 40"W L3 58.52 N49' 06' 20"W L4 4.00 N40' 53' 40"E r POB APN: 316-07-044 APN: 3.16-07-046 380-M-49 / / APN: 316-06-050 / ! POR PARCELS 3,4,6 / , ! 329-M-49 pyo / O.4O PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT V-6 vu S A S\ D I V l P'L...... sHaIN8686 �sEw�ea�e. � scmrva�wcnsaoas � R Oso PRUNERIDGE,AVENUE 4' s" Omm STREET EASMENT ASC (4826070) VACATION oa CUPERTINO CA of i s EXHIBIT V-7 EXHIBIT V-7 LEGAL DESCRIPTION FOR STREET EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Parcel shown on the Parcel Map filed October 1, 1976 in Book 380 of Maps, Page 49, Santa Clara County Records, as described in the Easement Deed recorded in Book 7631, Page 644, Official Records of Santa Clara County, described as follows: A strip of Land 1.00' in width, the south line of which is described as follows: Beginning at the southeast corner of said Parcel, on the north line of Pruneridge Avenue as said Parcel and Avenue are shown on said Parcel Map, thence westerly along the arc of a curve to the right having a radius 555.00 feet, the center of which bears North 21°23'16" West, through a central angle of 20°47'48", an are distance of 201.45 feet; thence South 89°25'19" West, a distance of 211.88 feet; thence Along the arc of a tangent curve to the right having a radius of 555.00 feet, through a central angle of 41°28'12", an are distance of 401.70 feet; thence North 49°06'20" West, a distance of 799.86 feet; thence Along the arc of a tangent curve to the left having a radius of 645.00 feet, through a central angle of 40017'19", an are distance of 453.54 feet; thence North 89023'53" West, a distance of 40.01 feet; thence Along the arc of a tangent curve to the right having a radius of 60.00 feet, through a central angle of 13°04'57", an arc distance of 13.70 feet to the terminus of said Strip. Containing an Area of 2,108 Square Feet, more or less. As shown on Exh V-7 attached hereto, and made a part hereof. N. TANTAU AVENUE P;O.B.-� SHEET 2 EXHIBIT V-7 AREA TO BE VACATED ti 2,108+/- SQFT 1.00' WIDE EASEMENT STRIP SHEET 3 EXHIBIT, V-7 P 1.00' WIDE -s EASEMENT STRIP SHEET 4 EXHIBIT V-7 N. WOLFE ROAD J I PLAT TO ACCOMPANY LEGAL DESCRIPTION -SAN D I S I n;ARR l35 ttNt 936 EDuana Ave. I Sunnyvale, CA 94M IF. 409b3R0900 1 R40 .636D999 1 www.mndl"vt EXHIBIT V-7 9/5/13 PRUNERIDGE AVENUE 1' s"ET V=300 JBY: .DMM STREET EASEMENT 1 MR. ASO VACATION KEY MAP 1, VGNQ; 213103 CUPERTINO CA of 4 sHms Curare Table Curve $ Length Radius Delta C3 201.45 N 00'26'29" 20'4748" 1' NORTH TANTAU AVE 00 VACATION 934EMons Awe.l SaviyvataGMaet R10lA36A900 R4oe.6l6D999 wwr.s�nalr.n�e � � e : • • a . i � � r 46.00' OF 4 SHEETS z I W° U ` 46.00' z 00 10.00' P.U.E. z (7757 O.R. 626 GRAPHIC SCALE w 5,-00.3 ST 5 1R) 0 20 40 60 80 1 00 vi }� M W b M.a.. .1 inch = 100 ft.ou s M W' LEGEND t `o ` C)Ir EX. EXISTING ` �ntt 10 10 ` (R) RADIAL W o POB POINT OF BEGINNING =Lo Lp \ % POB ��� � A•6 pp N 0'12'57" E 217.31' _ N�21'2�.��AS �r EN E3 0• 6A4 ..jR p0 ?63 1 b ip APN: 316-06-045 Curare Table Curve $ Length Radius Delta C3 201.45 555,00 20'4748" APN: 316-07-044 0 `� PARCEL d APN: 316-07-W ` Il 380-M-49 I tr 308-M-13 N 00'3528" W LRj 4 1i 11 I SEE SHEET 3 FOR. I CONTINUATION i PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT V-7 S A N D I S Isvmvgv NLiR' ANN, C �LF'NN Rfy DAZE: 9/5/1-3 PRUNERIDGE AVENUE V STREET EASEMENT SHEET 1p EaA•owly:DMM M"ZD BY. ASC VACATION 934EMons Awe.l SaviyvataGMaet R10lA36A900 R4oe.6l6D999 wwr.s�nalr.n�e � � e : • • a . i � � °R'�`�"`u' 213103 CUPERTINO CA OF 4 SHEETS mowp GRAPHIC SCALE APF z 0 20 4o so ao 100 w Co 489-M-13 I inch = loo ft. LEGEND EX. EXISTING (R) RADIAL APN:316-07-044 / APN: 316-07-046 7� 380-Mji9 / T u, J / /A / .E MEET 4 F R CO T UATION r/ PLAT TO ACCOMPANY`LEGAL DESCRIPTION SEE SHEET 2 FOR .W CONTINUATION 10 ° II APN; 316-06-0.4 N N Lno? I PARCEL 4 04 308-M-13 00rn 1.00' STREET EASEMENT cn 4 w ooN (7631 O.R. 644) 00 z N ,00'35'QW3_ (R) APN:316-06-049 �.N ®', V I PUNNITIS BE68 9366D=wAve. Sm"WeXA940851 ROURAM0909 P.408.636490 I wwwamd1mial. APR 316-06-050 POR. PARCELS 3,4,6 329-M-49, EXHIBIT V-7 q8t= PRUNERIDGE AVENUE sir 1' STREET EASEMEtVT VACATIONCUPERTINO CA of 4 sHms cv PARCEL S Co 489-M-13 r z rAP]q:316-06-048 r 3p PARCEL 1 1� 489-M-13 M l� N it 400, ` O ` / Q Q O O O �.N ®', V I PUNNITIS BE68 9366D=wAve. Sm"WeXA940851 ROURAM0909 P.408.636490 I wwwamd1mial. APR 316-06-050 POR. PARCELS 3,4,6 329-M-49, EXHIBIT V-7 q8t= PRUNERIDGE AVENUE sir 1' STREET EASEMEtVT VACATIONCUPERTINO CA of 4 sHms k-� GRAPHIC SCALE 0 20 40 60 60100 I inch = 100 ft. D r HEET3 Ft 7��E CONTINUATION APN:316-06-037 00, PARCEL 2 329-M49 ell LEGEN EX. EXISTING (R) RADIAL J�° Aso 60J a�0, APN:316-07-044 Q hb APN: 316-07-046 380-M49 v 2[� i I o0 O �I �J V. ti 1(0 a o to • ��J Line Table Line # Length Direction L4 40.01F9f 23' 53"E 1.00'STREET EASEMENOT' rn 46.00' APN: 316-06-037 rn o_ o (7631 O.R.644)� PARCELI PLAT TO ACCOMPANY LEGAL DESCRIPTION SA14DISI !1°fit F{■I{ff{f �UIIIIIff fxy 996F.DjamA .I5wwWvd%CA94W5 I P. 408.636JMD I F.409636AP99 I www.u{6Ha{t N. WOLFE ROAD EXHIBIT V-7 9/5113 PRUNERIDGE AVENUE SHEET ler: DUM 1-011 KEET EASEMENT A EDDY: ASC VACATION 4 4G Na: 213103 N310 CUPERTINO CA OF 4 SHEETS EXHIBIT V-8 EXHIBIT V-8 LEGAL DESCRIPTION FOR STREET EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Parcel shown on the Parcel Map filed October 1, 1976 in Book 380 of Maps, Page 49, Santa Clara County Records, as described in the Easement Deed recorded in Book 7631, Page 645, Official Records of Santa Clara County, described as follows: A strip of Land 11.00' in width, the south line of which is described as follows: Beginning at the southeast corner of said Parcel, on the north line .of Pruneridge Avenue as said Parcel and Avenue are shown on said Parcel Map, thence westerly along the arc of a curve to the right having a radius 555.00 feet, the center of which bears North 21023'16" West, through a central angle of 20047'48", an arc distance of 201.45 feet; thence South 89"25'19" West, a distance of 211.88 feet; thence Along the arc of a tangent curve to the right having a radius of 555.00 feet, through a central angle of 41'28'12", an arc distance of 401.70 feet; thence North 49006'20" West, a distance of 799.86 feet; thence Along the are of a tangent curve to the left having a radius of 645.00 feet, through a central angle of 40017'19", an arc distance of 453.54 feet; thence North 8902353" West, a distance of 40.01 feet to the terminus of said Strip. Containing an Area of 23,193 Square Feet, more or less. As shown on Exh V-8 attached hereto, and made a part hereof. AREA TO BE VACATED 29,194+/- SQFT ■ SHEET 3 EXHIBIT V-8 �■i ■"4 ■ . SHEET 4 EXHIBIT V-8 N. WOLFE ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION S A N D t S I CIVIL :uNN:lls ",J 936E DMW AM I UMM/ k G 94M I P. X109.636.0900 I P.400*36M99 I IAMW wndl9.nee U N. TANTAU AVENUE SHEET 2 EXHIBIT V-8 sk"'ET PRUNERIDGE AVENUE 11' P.U.E. VACATION KEY MAP CUPERTINO CA Line Table Line # Length Direction L6 11.85 NOW 12' 5.7"E 555.00 020'47'48" C6 201.82 544.00 02115'22" 98' _ N 00.26'29" L199 POC APN: 316-07-044 NORTH TANTAU AVE APN: 316-07-046 �✓ 1 \ O ?6911 30&-M 49 _ o ��} 308-A4-13 46.00' z tet' � r 1 = 00 CD 1 I co ' '46.00' rn 00 z 00 N Z 10.00' P.U.E.z 00 10.00' P.U.E. (7757 O.R. 626) (7757 O.R. 626) GRAPHIC SCALE s--6o 3's' rR) 20 40 60 60100 in WW1 4 q z` M 4 1 If $�H 1 inch — 100 .b 1 N Q N -1 W ��' l LEGEND o' EX. EXISTING )0 ;A �+ o (R) RADIAL LU Cl POB POINT OF BEGINNING = `lO• °o Line Table Line # Length Direction L6 11.85 NOW 12' 5.7"E Curve Table Curve # Length Radius Delta C1 201.45 555.00 020'47'48" C6 201.82 544.00 02115'22" LL POB � N 0035'28" W �R V 10.00' P.U.E. f—(7562 O.R. 607) SEE SHEET 3 FOR CONTINUATION PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT V-8 DALE: 9 6 13 F4v= S �, IV ®� $ CIVIL Y a1NtERt sca1E: 1^mloo PRUNERIDGE AVENUE SURVEYORS PLIIRNBRt CRAYtMBY: QMM 11' P;U.E. VACATION A1?80YED W. ASO 938E O0aneAw. I StamyMe,CA 946851 P. 405MU900 1 "OUS6D99 I wwws ndls.nn �Na: CUPERTIN0 CA .. ► • ' ,ti ! 21390) APN: 316-07-044 O� APN: 316-06-045 APN: 316-07-046 PARCSI, 4 30&-M 49 _ o ��} 308-A4-13 N 0035'28" W �R V 10.00' P.U.E. f—(7562 O.R. 607) SEE SHEET 3 FOR CONTINUATION PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT V-8 DALE: 9 6 13 F4v= S �, IV ®� $ CIVIL Y a1NtERt sca1E: 1^mloo PRUNERIDGE AVENUE SURVEYORS PLIIRNBRt CRAYtMBY: QMM 11' P;U.E. VACATION A1?80YED W. ASO 938E O0aneAw. I StamyMe,CA 946851 P. 405MU900 1 "OUS6D99 I wwws ndls.nn �Na: CUPERTIN0 CA .. ► • ' ,ti ! 21390) LEGEND EX. EXISTING (R) RADIAL Line Table SCALE 0q4zGRAPHIC 0 20 40 80 80 100 L7 211.87 S89' 25' 19"W 1 inch = 100 ' LEGEND EX. EXISTING (R) RADIAL Line Table Line # Length Direction L7 211.87 S89' 25' 19"W Curare Table Curve # Length Radius Delta C8 393.74 544.00 04128'12 APN: 316-07-044 APN: 316-07-046 3MM-49 11111111001 �_� w■ r� T ... SEE SHEET 2 FOR IFW 00 I 489-M-13 ro W Z-- CONTINUATION `= r =` � in N Ln 489-M-13 APN: 316-06.04 J 00 o0 N 1 PARCEL 45.0 p, 00 N w rn = N 30&M -13a0 Z Z - - N 00.35_03_ Wn - o' o o APN: 316-06-049 o46 O R2 APN: 316-06-050 rp /� _ POR. PARCELS 3,4,6 {o,• 1�C/ 324-M-49 1000 PUE (7582 O.R. 607) :E ; ET 4 F R CON UATION PLAT TO ACCOMPANY LEGAL DESCRIPTION A9k 11111L S A N D I S ISURV 'UNktkf' e[k' ME Dine Aye. I &"V0% CA WANS I F 406h3d.OWO I F.408A3UM I wwv.i.kdiSAlt r , EXHIBIT V-8 SWEET PRUNERIDGE AVENUE 11' P.U.E. VACATION CUPERTINO CA 213103 1 1 OF N � PARCEL., 00 I 489-M-13 ro Z-- r 316-06-048 RCEL l 489-M-13 45.0 p, 1,46. t00, G.0 o # - o' o o o46 O R2 APN: 316-06-050 rp /� _ POR. PARCELS 3,4,6 {o,• 1�C/ 324-M-49 1000 PUE (7582 O.R. 607) :E ; ET 4 F R CON UATION PLAT TO ACCOMPANY LEGAL DESCRIPTION A9k 11111L S A N D I S ISURV 'UNktkf' e[k' ME Dine Aye. I &"V0% CA WANS I F 406h3d.OWO I F.408A3UM I wwv.i.kdiSAlt r , EXHIBIT V-8 SWEET PRUNERIDGE AVENUE 11' P.U.E. VACATION CUPERTINO CA 213103 1 1 OF f..Mf�f 7�/�SEE SHEET 3 FOR z CONTINUATION APN:316.06-037 PARCEL 2 329-A4-49 GRAPHIC SCALE 0 20 40 60 80100 1 inch = 100 .00. LEGEND %, �s8°o0 EX. EXISTING - ^,`O o (R) RADIAL As s F J� 00. °�� APN: 316-07-044 APN: 316-07-046 380-M-49 r^� �i �yq�• / Co. V, 45. R 0 0 o� co yr 10.00' P.U.E (7582 O.R. 607) 46.00' APN:316-06-037 PARCEM rn o t (3 wl � oC 1l, PLAT TO ACCOMPANY LEGAL DESCRIPTION Civil. E ffRS VIVORS S �'}.� \..® N S I 'LAMMERS 9384puaneA`p�e IJJISSunnyvale.CA96085 I P.408b7 ma I F.M;iiiii aM 1 wW"sand Une Table Line # Length Direction L1 40:01 S89' 23' 53"E L2 15.00 S00' 36' 07"W L3 40.01 N89' 23' 53"W L4 799.85 N49' 06' 20"W Curve Table Curve # Length Radius Delta C3 461.28 656.00 04017'19" N. WOLFE ROAD EXHIBIT V-8 S14M PRUNERIDGE AVENUE 11` P..U.E. VACATION CUPERTINO CA EXHIBIT V-9 EXHIBIT V-9 LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcels 1, 4 & 5 as shown on the Parcel Map filed August 25, 1981 in Book 489 of Maps, Pages 13-14, Santa Clara County Records and a portion of Parcels 3, 4 & 6 as shown on the Parcel Map filed September 7, 1973 in Book 329 of Maps, Page 49, and being a portion of the lands described in the Deed recorded in Book 7582, Page 607, Official Records of Santa Clara County, described as follows: A strip of Land 10.00' in width, the north line of which is described as follows: Beginning at the northeast corner of said Parcel 4 (489 M 13-14), on the south line of Pruneridge Avenue as said Parcel and Avenue are shown on said Parcel Map, thence westerly along the arc of a curve to the right having a radius of 646.00 feet, the center of which bears North 18°13'43" West, through a central angle of 17038'15", an arc distance of 198.86 feet; thence South 89025'19" West, a distance of 211.88 feet; thence Along the arc of a tangent curve to the right having a radius 646.00 feet, through a central angle of 41 028'12", an are distance of 467.57 feet; thence North 49°07'49" West, a distance of 355.32 feet to the terminus of said strip. Containing an Area of 12,349 Square Feet, more or less. As shown on ExhV-9 attached hereto, and made a part hereof. AREA TO BE VACATED 12,349+/-- SQFT N. TANTAU AVENUE - P.O.B. SHEET 2 EXHIBIT V-9 ' N. WOLFE ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION 1 EXHIBIT V-9 e N C DpRUNERIDGE AVENUE S"� \GAJ I -i ■ \ ® M I SURV �tl6INEEPS 30Cf�/E�nNEAd9 Mst3UU' P.U.E 7582-OR-607936E.otweAm j Smrgok.CA 94083 P. 408.636,0900 F.448,636A999 www�wmndlreet ASC KEY MAP• • sPERTINO CA of 2 s EXHIBIT V-10 EXHIBIT V-10 LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, described as Parcel 1-23 in the Deed recorded In Book 7757, Page 626, Official Records of Santa Clara County,, described as follows: A strip of Land 10.00' in width, the south line of which is described as follows: Commencing at a point on the southeast line of the Parcel shown on the Parcel Map filed. October 1, 1976 in Book 380 of Maps, Page 49, Santa Clara County Records; at an angle point in the north line of Pruneridge Avenue as said Parcel and Avenue are shown on. said Parcel, Map, thence easterly along the arc of a curve to the left having a radius of 554.00 feet, the center of which bears North 21025'43" West, through a central angle of 4020'17", an arc distance of 41.94 feet; thence Along the arc of a tangent curve to the right having a radius 646.00 feet, through a central angle of 06°33'02", an arc distance of 73.86 feet to the Point of Beginning; thence Continuing along said curve to the right having a radius of 646.00 feet, through a central angle of 00053'12", an arc distance of 10.00 feet to the terminus of said strip. Containing an Area of 101 Square Feet, more or less. As shown on IH hV710attached hereto, and made a part.hereof. Ko N._WOLFE ROAD W1914 AREA TO BE VACATED 101+1- SQFT N. TANTAU AVENUE P.O.B. PLAT TO ACCOMPANY LEGAL DESCRIPTION S A N D I S I "ApM`n5 It RS 936E Dmahm I Smryal,,4 CA 94086 I P. 408.636C9W I F. 406636,0999 www.�andb.n�t SHEET 2 EXHIBIT V-10 EXHIBIT V-10 n PRUNERIDGE AVENUE I SHUT ,°=300• IBY; MS 10' P.U.E (7757—OR-626) 1 ED 61: ASC KEY MAP JG N0: 213,03 CUPERTINO CA 0r 2 sHuis —`'— 19b.98, _ N 00'26'29" - NORTH TANTAU AVE v� O W�46.00' ' z f 10.00' P.U.E. 10.00' P.U.E.z (7757 O.R. 626) (7757 OR, 626) 46.00' GRAPHIC SCALE 0 20 40 .60 BO 10() i J 1 inch = 100 ft. i ; �;► `^ °� i C' LEGEND `n EX. EXISTING 1 (R) RADIAL 1 POB POINT OF BEGINNING 00 C POC POINT OF COMMENCEMENT z L1 oo�POB Line Table Line # Length Direction L1 10.00 N18' 18' 39"W L2 10.00 S19' 11' 51"E Curve Table Curve # Length Radius Delta C1 41.94 554.00 004'20'17" C2 73.86 646.00 006'33'02" C3 10.00 646.00 000'53'12" C4 10.15 656.00 000'53'12" C4 " \ o� L2 , a POC Lo' 2 Uj PLAT TO ACCOMPANY LEGAL DESCRIPTION W } 0 s APN: 3 (G-07-044 1 MTE: 9/6/1-3 4 APN: 316-06-045 APN: 316.07-094 > o0 PARCEL 4 308-M-44 , W a of 2 sam- DRAWING NQ: 213,"3 308-M-13 N 00'35_2_8' W LR Q 10.00' P.U.E. F—(7582 O.R. 607) UJZ PLAT TO ACCOMPANY LEGAL DESCRIPTION CL EXHIBIT V-10 s aS A N D I $ PIANNEESS EEES MTE: 9/6/1-3 PRUNERIDGE AVENUE 9.0E P.U.E (7757 -OR -626) s"ET 2 eRAMW:ip Mso 935EDuaneAve. Sunnyvale, CA 94OSS 1 P. 40BAKO000 I M08.636A999 I www.s dlsn.t e : • •: _: ► o�FfG9DU: ASC VACATION CUPERTINO. CA of 2 sam- DRAWING NQ: 213,"3 EXHIBIT V-11 EXHIBIT V-11 LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 1 as shown on the Parcel Map filed September 6, 1972 in Book 308 of Maps, Page 12, Santa Clara County Records, described as Parcel 1-20A in the Deed recorded in Book 7757, Page 626, Official Records of Santa Clara County, described as follows: A strip of Land 10.00' and 12.00' in width, more particularly described as follows: Beginning at the northwest comer of said Parcel 1, on the south line of Pruneridge Avenue as said Parcel and Avenue are shown on said Parcel Map, thence easterly along the arc of a curve to the left having a radius of 646.00 feet, the center of which bears North 18°13'43" West, through a central angle of 7°32'12", an arc distance of 84.97 feet; thence Along the arc of a tangent curve to the right having a radius 554.00 feet, through a central angle of 25010'09", an arc distance of 243.36 feet; thence North 89°25'11" East, a distance of 110.78 feet; thence Along the arc of a tangent curve to the right having a radius of 50.00 feet, through a central angle of 45°14'00", an arc distance of 39.47 feet; thence South 44°44'03" West, a distance of 12.00 feet; thence Westerly along the arc of a non -tangent curve to the left having a radius of 38.00 feet, the center of which bears South 44038'17" West, through a central angle of 45013'19", an arc distance of 29.99 feet; thence North 00°35'55" West, a distance of 2.00 feet; thence South 89°25'11" West, a distance of 110.76 feet; thence Along the arc of a tangent curve to the right having a radius of 544.00 feet, through a central angle of 2510'09", an arc distance of 238.97 feet; thence Along the arc of a tangent curve to the right having a radius of 656.00 feet, through a central angle of 0749'44", an arc distance of 89.64 feet to the west line of said Parcel 1; thence North 00°12'20" East, a distance of 10.53 feet to the Point of Beginning. Containing an Area of 4,089 Square Feet, more or less. As shown on ExhV-11attached hereto, and made a part hereof. Z --L— --- — ` `. GRAPHIC SCALE 0 20 40 60 80100 1 inch = 100 ft. 1����LF EX. EXISTING (R) RADIAL POB POINT OF BEGINNING N 00.26'29" 7,? ap NORTH TANTAU AVE ' \626) GJK L2 C3 ti j o W w w L1 �. 1 , ' Lo 46.00' a°'o ago 10.00' P.U.E.\ 10.00' P.U.E. Z Z Z (7757 O.R. 626) (7757 O.R. 626) Length 46.00' L1 2.00 Lu 19 -00' TW' R) S44' 44' 03"W �p 10.53 N DO' 12' 20"E C3 29.99 38.00 W' � M � N g�N 045'14'00" N cv 11v� d O r r c► 1a •o A _0 pµj pQ O LLJ • - �• Z Z L p� ✓.�• s o h Line Table Line # Length Direction L1 2.00 NOW 35' WIN L2 12.00 S44' 44' 03"W L3 10.53 N DO' 12' 20"E Lo �N\ . C1 (R) 55, Los�� �5 N 211.:,r) -a5 oa N POB w iI, `o `46.00. Curve Table Curve # Length Radius Delta C1 84.97 646.00 007'32'12" C2 89.64 656.00 007'49'44" C3 29.99 38.00 045'13'19" C4 39.47 50.00 045'14'00" APN: 316-07-044 APN: 316-07-046 0 t 380-M-49 I N 0035'28_ W LRI I APN: 316-06-045 PARCEL 4 489-M-13 MCC P.U.E. I—(7582 O.R. 607) I ,I PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT V-11 S A N D I S . MYYRRf'' fitf 996EDwne Ave. I SurYpy"k CA94M I P 408.636.0900 IF. 408.636.99991 W"W.fendlf.RRt °""' PRUNERIDGE AVENUE s"ET 00' MS 10'-12' P.U.E 2 ASC (7757 -OR -626) KEY MAP 3 CUPERTINO CA or 2 s EXHIBIT EXHIBIT V-12 LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcels 3 & 6 as shown on the Parcel Map filed September 7, 1973 in Book 329 of Maps, Page 49; as described in the Deed recorded in Book 8049, Page 100, Official Records of Santa Clara County, described as follows: Commencing at the northwest corner of said Parcel 3, on the south line of Pruneridge Avenue as said Parcel and Avenue are shown on said Parcel Map, thence southeasterly along said line South 49°06'20° East, a distance of 22.50 feet; thence South 40053'40" West, a distance of 10.00 feet to the Point of Beginning; thence South 49006'20° East, a distance of 135.00 feet; thence North 62036'050 West, a distance of 51.42 feet; thence North 49006'200 West, a distance of 35.00 feet; thence North 35036'35° West, a distance of 51.42 feet to Point of Beginning. Containing an Area of 1,020 Square Feet, more or less. As shown on ExhV-12attached hereto, and made a part hereof. AREA TO BE VACATED 1,020+l- SQFT N.TANTAU AVENUE SHEET 2 EXHIBIT V-12 Q�J , / P.O.B. P.O.C. N. WOLFE ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION S A N D I S ..... MF lNonenw. SVRnrA"C&%M (R406.636A900 { R40=6.0999 w W."ndls &t EXHIBIT V-12 "i, i,PRUNERIDGE AVENUE SHEEP ,•=300' IBP; Ms PUE ($049 -OR -100) KEY EDIY: ASC MAP JG N0: 213103 CUPERTINO CA of 2 s r LEGEND .POB POINT OF BEGINNING POC POINT OF COMMENCEMENT Line Table Line Length Direction L1 135.00 S49' 06' 20"E L2. 51.42 N62' 36' 05"W L3 35.00 N49' 06' 20"W L4 51:42 N35' 36' 35"W Z-zv APN: 316 -06 -044316 -07 -0463W -M-49 / r 46.00, n ao /I/! / APN' 316-06-048 PARCEL 1 -M-13 1 . APN:316-06-050 Cb, -!k\ N' POR. PARCELS 3,4,6 �p ,' v 329-M-49 OBI POC ' i APN:.316-06-037 , / PARCEL 2 ' / 329-M-49 / ® SAN ®i S I iinSHERS eens L 936E DuandAva I SmmMk CAk695I P.X6.0900 1 R40MA09991 wws EXHIBIT V-12 DATE: 9/9/1 PRUNERIDGE AVENUE SHEET SChLE: 1"=100' DRAWNBY: MS P.U.E.(8049-OR-100) JAMEDDY.- ASC KEY MAP DRAWING Na:. ,;3,�3 CUPERTINO CA � �„� (r1 r rr c f r � Z-zv APN: 316 -06 -044316 -07 -0463W -M-49 / r 46.00, n ao /I/! / APN' 316-06-048 PARCEL 1 -M-13 1 . APN:316-06-050 Cb, -!k\ N' POR. PARCELS 3,4,6 �p ,' v 329-M-49 OBI POC ' i APN:.316-06-037 , / PARCEL 2 ' / 329-M-49 / ® SAN ®i S I iinSHERS eens L 936E DuandAva I SmmMk CAk695I P.X6.0900 1 R40MA09991 wws EXHIBIT V-12 DATE: 9/9/1 PRUNERIDGE AVENUE SHEET SChLE: 1"=100' DRAWNBY: MS P.U.E.(8049-OR-100) JAMEDDY.- ASC KEY MAP DRAWING Na:. ,;3,�3 CUPERTINO CA � �„� EXHIBIT V-13 EXHIBIT V-13 LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being Parcel 5 as shown on the Parcel Map filed August 25, 1981 in Book 489 of Maps, Pages 13-14, Santa Clara County Records, described as follows: Beginning at the northwest corner of said Parcel 5, on the south line of Pruneridge Avenue as said Parcel and Avenue are shown on said Parcel Map, thence South 00°12'20" West, a distance of 631.08 feet; thence Along the are of a tangent curve to the right having a radius of 50.00 feet, through a central angle of 122045'18", an arc distance of 107.12 feet; thence North 57002'22" West, a distance of 606.06 feet; thence South 30°00'28" West, a distance of 27.04 feet; thence South 57002'22" East, a distance of 623.65 feet; thence Along the arc of a tangent curve to the left having a radius of 90.00 feet, through a central angle of 122045'18", an arc distance of 192.82 feet; thence North 00012'20" East, a distance of 630.26 feet to said south line of Pruneridge Avenue; thence South 89°25'19" West, a distance of 26.67 feet; thence Along the arc of a tangent curve to the right having a radius of 646.00 feet, through a central angle of 03°13'24", an are distance of 36.34 feet to the Point of Beginning. Containing an Area of 63,593 Square Feet, more or less. As shown on ExhV-13 attached hereto, and made a part hereof. N. TANTAU AVENUE AREA TO BE VACATED 63,593+1- SQFT J N. WOLFE ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION ® S ♦A ry , ■ ®' cwu edo�neiac suxvaxoss npnneas 936EDnapeAvm I Swmyvals, G 940851 P. 408.6360900 F,40806D9991 wooAmadb.nat SHEET 2 EXHIBIT V-13 EXHIBIT V-13 9/6/13 PARCELS SHEET 1"3001 uev; Ms PUBLIC UTILITY ID BY. ASO EASEMENT VACATION NG NQ: 213103 CUPERTINO CA of 2 mims sgNO h z w 0 CD 0 Lhr r oO CD O l*"z APN: 316-06-046 PARCEL 2 489-M-14 X90 `—R 36 4' PRUNERiDGE AVENUE �92a A--3'13'24 -� S 8925'19" W d~ 12245'18"26.67' APN: 316-06-048 PARCEL 1 489-M-13 AREA TO BE VACATED 63,593+1- SQFT PLAT TO ACCOMPANY LEGAL DESCRIPTION QW S A N D I S ( IMiMY fi''tAt 936EDM Av *zWgv sLCA94CE51RN9b3U900 F.408.636.0999 i wwv.s•ndls.n•t P.O.B. m R=50.00' L=107.12' 0=122'45'18" APN: 316-06-053'' R= 90.00' PARCEL 3 L=192.82' 489-M-14 A=122'45'18" EXHIBIT V-13 OA1E: s s „ PARCEL 5 SHEET ouwwn: ltus PUBLIC UTILITY �1 MOST ASC EASEMENT VACATION J• ouwW3CUPERTINO CA 211311 03 OF 1 SI-mETS EXHIBIT EXHIBIT V-14 LEGAL DESCRIPTION FOR. PUBLIC UTILITY EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 3 as shown on the Parcel Map filed August -25, 1981 in Book 489 of Maps, Pages 11-12, described as Parcel 2-19 in the Deed recorded in Book 8069, Page 646, Official Records of Santa Clara County, described as follows: A strip of Land 12.00' in width, the east line of which is described as follows: Commencing at the northeast corner of said Parcel 3, on the west line of North Tantau Avenue as said Parcel and Avenue are shown on said Parcel Map, thence southerly along said line South 00°26'29° West, a distance of 41.20 feet to the Point of Beginning; thence Continuing along said line South 00026'29" West, a distance of 10.00 feet to the terminus of said strip. Containing an Area of 120 Square Feet, more or less. As shown on ExhV-14attached hereto, and made a part hereof. All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 3 as shown on the Parcel Map filed August 25, 1981 in Book 489 of Maps, Pages 11-12, described as Parcel 2-20 in the Deed recorded in Book 8069, Page 646, Official Records of Santa Clara County, described as follows: A strip of Land 12.00' in width, the east line of which is described as follows: Commencing at the northeast corner of said Parcel 3, on the west line of North Tantau Avenue as said Parcel and Avenue are shown on said Parcel Map, thence southerly along said line South 00026'29" West, a distance of 394.08 feet to the Point of Beginning; thence Continuing along said line South 00026'29° West, a distance of 10.00 feet to the terminus of said strip. Containing an Area of 120 Square Feet, more or less. As shown on ExhV-14 attached hereto, and made a part hereof. AREA A AREA TO BE VACATED 120+/- SQFT AREA TO BE VACATED 120+/- SQFT N. TANTAU AVENUE \ SHEET 2 \ EXHIBIT V-14 P.O.C. P.O.B. B P.O.B. A N. WOLFE ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION S A N D I S CIVIL91161.11.11 foev[rono lIAMMllftslet 936SDu Ave. 1 Sumyv"CA 99005 17.4MG36.09W I P.408436.0999 1 —y jwdls.0et EXHIBIT V-14 DALE: 919/13 PRUNERIDGE AVENUE SHEET sou: 1"-'300' ORAWN BY: Ms 10'X 12' P.U.E 1 AnIMPY: ASC (8069 -OR -646) KEY MAP DRAWING NQ: 213103 CUPERTINO CA of 2 sHFEis LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT NORTH TANTAU AVE POC S00'26'29"W 394.06 d `� r 34— -- — — — —' 12.00' 10.00' P.U.E. 10.00' P.U.E. (8069 O.R. 646) (8069 O.R. 646)- APN:316-06-039 PARCEL 3 489 M 11 APN:316-06-052 S PARCEL2 • c 308 M 12 • �y •O Line Table Line f Length Direction L1 41.20 S00' 26' 29"W EXHIBIT V-14 PRUNERIDGE AVENUE s"EET �1 �. g w r I. sunt/ Eg41flfiE6S �elaRs,�E:- �•=2SD' DLRNEEAE oa.AwNBr: Ms ].Q x�.2 P.U.E. 93GEDwWin Ine Ave. Simpalc,CA 940851 R 40Wf:Z W I a498.6352MI www.londhma APPROVED BY: ASC (8069 -OR -646) KEY'MAP MAWIN6 wa: e r e ®s s i 0 213103 C.UPERTINO CA OF 2 s EXHIBIT V-15 EXHIBIT V-15 LEGAL DESCRIPTION FOR LIGHT AND AIR EASEMENT VACATION All that certain Real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 4 as shown on the Parcel Map filed September 7, 1973 in Book 329 of Maps, Page 49, Santa Clara County Records, described in the Deed recorded as Document Number 13789966, Official Records of Santa Clara County, described as follows: A strip of Land 4.30' in width, the Southwesterly line of which is described as follows: Commencing at the most southerly corner of Parcel 3 as shown on said Parcel Map, thence South 49°06'20" East, a distance of 65.61 feet to the True Point of Beginning; thence South 49'06'20" East, a distance of 162.50 feet to the terminus of this strip. Containing an Area of 699 Square Feet, more or less. As shown on ExhV-15 attached hereto, and made a part hereof. SCALE ° 50 10 20 30 40 1 inch = 50 _feet 4�V/G�,��g ROL, s T.P.O.B. sQ90 N40'53'40"E 4.30' Os; AREA 699± SQUARE FEET APN 316-06-051 1 ct--%cnrn APN 316-06-050 Oa 21y 1� � O �34 '1 6 G O �sp. / � DL oN ?6 StUO, T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION S /A N ® ■ S I �LANNlR55 !G!! 936F owneAve.I Sunnyvale. CA 94085 I V. 4"RoupoD I mos.36A99H I WWW.Slndit.n.t Oc• � , APN �s 316-06-048 EXHIBIT V-15 n n 7S SFIEEF .. LIGHT AND AIR EASEMENT Taf: RMS VACATION W8f: ASC 49 NO: CUPERTINO CA 20103 1 OF 1 SHEETS DOCUMENT: 22425337 Pages: 10 Fees. . . . * No Fees RECORDING REQUESTED BY Taxes. . . Cop • City of Cupertino AMT'PAID REGINA ALCOMENDRAS RDE ,# 001 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 10/25/2013 Recorded at the request of 1 :49 PM City City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6903 VACATING A PORTION OF THE PRUNERIDGE AVENUE RIGHT-OF-WAY BETWEEN NORTH TANTAU AVENUE AND NORTH WOLFE ROAD AND VARIOUS • EASEMENTS BOUNDED BY NORTH WOLFE ROAD,HOMESTEAD ROAD, NORTH TANTAU AVENUE,AND HIGHWAY 280, AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE'OF THE STATE OF CALIFORNIA, RESOLUTION NO. 13-086 FD Original 13 For Fast Endorsement RESOLUTION NO. 13-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING A PORTION OF THE PRUNERIDGE AVENUE RIGHT-OF-WAY BETWEEN NORTH TANTAU AVENUE AND NORTH WOLFE ROAD AND VARIOUS EASEMENTS BOUNDED BY NORTH WOLFE ROAD, HOMESTEAD ROAD, NORTH TANTAU AVENUE, AND HIGHWAY 280, AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, pursuant to Streets and Highways Code Section 8300 et seq. of the State of California, the City of Cupertino is authorized to vacate street rights-of-way and public easement interests; and WHEREAS, development of theP P p l PP ro osed Apple Campus 2 Project, which consists of redevelopment of an existing office park into a single, unified campus on property generally bounded by North Wolfe Road, Homestead Road, North Tantau Avenue, and Highway 280, requires vacation of a portion of a City street known as Pruneridge Avenue that intersects the Project site as more particularly described in the legal description and map attached hereto and made a part hereof as Exhibits "V-1" and • "V-2" (the Fee Vacation Area); and WHEREAS, development of the proposed Apple Campus-2 Project requires vacation of various public street easements for access and public service easements for utilities and light and air within the proposed Apple Campus 2 Project site, more particularly described in Exhibits "V-3" through "V-15" (Legal Descriptions and Plats) attached hereto and made a part hereof(the Easement Vacation Area) ; and WHEREAS, the City Council did, on the 17th day of September 2013, adopt a resolution of intention to vacate the aforementioned portion of Pruneridge Avenue and the public easements (the "Vacations"), and the City Clerk has conspicuously posted ten (10) signs on Pruneridge Avenue not more than 300 feet apart and on the Project site for a period of more than two weeks and published notice declaring said intention, and the date, time, and place of a public hearing to consider said intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code; and WHEREAS, public utilities were notified of the intent to vacate Pruneridge Avenue and the various easements and have not commented, although they are aware S Resolution No. 13-086 Page 2 of the proposed Apple Campus 2 and are actively working with Apple Inc. on the design of utility relocations; and • WHEREAS, the City Council of the City of Cupertino held a hearing at the noticed date, time, and location and heard any evidence offered by interested persons; and WHEREAS, the Planning Commission of the City of Cupertino found that these Vacations are consistent with the General Plan as amended by the proposed General Plan amendments for the Apple Campus 2 Project; and WHEREAS, the vacation of the Fee Vacation Area and the Easement Vacation Area are included in the Project that is evaluated in the Apple Campus 2 Environmental Impact Report ("EIR"), certified on October 15, 2013 by the City Council of the City of Cupertino, Resolution No. 13-082. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby finds and determines, from all the evidence submitted, that 1. Pursuant to sections 8324 of the California Streets and Highways Code, when considering the entire transportation network in the City and surrounding jurisdictions, the portion of Pruneridge Avenue in the Fee Vacation Area is no longer needed by the public, is unnecessary for present and prospective public use, and is no longer needed for vehicular traffic because there are adequate alternative circulation routes around the proposed Apple Campus 2 development consisting of North Wolfe Road, East Homestead Road, Vallco Parkway, and North Tantau Avenue, which provides adequate facilities for automobile traffic and along which sidewalks and bicycle facilities around the site will be enhanced in order to offset the impact upon pedestrians and bicycle traffic due to the closure of Pruneridge Avenue; additional traffic enhancements and improvements will be constructed to accommodate additional and diverted traffic, minimizing the impacts upon the community and the surrounding communities and adjacent roads or freeway; the circulation within the Project will be provided by separate private streets and pathways; and in-place public utilities serving other properties will be relocated to other locations without any interruption or degradation in service; and 2. Pursuant to sections 8324 of the California Streets and Highways Code, the public easements in the Easement Vacation Area are no longer needed by the public and are unnecessary for present and prospective public use because the Apple Campus 2 Project includes development of all necessary access and utilities to serve the Project 2 �I Resolution No. 13-086 Page 3 and because public utilities serving other properties will be relocated to other locations • without any interruption or degradation in service; and 3. Pursuant to section 8340 of the California Streets and Highways Code, public convenience and necessity requires that this vacation does not reserve any easement or rights to maintain, operate, replace, remove, or renew any in-place public utility facilities that are in use because the utilities that currently serve the Project site will no longer be necessary and because this Resolution will not become effective until utilities that serve other properties have been relocated; and 4. Pursuant to section 8313 of the California Streets and Highways Code, these Vacations are consistent with the General Plan as amended by Resolution No. 13-083; and 5. Pursuant to sections 8314 and 892 of the California Streets and Highways Code, these Fee and Easement Vacation Areas are not useful as a non-motorized transportation facility because of the security requirements for access to the Apple Campus 2 Project, because the circulation of pedestrian and bicycles around the perimeter of the site and on nearby facilities that provide parallel routes, such as Vallco Parkway, will be enhanced in order to offset the impact upon pedestrians and bicycle traffic due to the closure of. ® Pruneridge Avenue, and because alternative pedestrian and bicycle routes will continue to provide reasonable access and circulation; and 6. Pursuant to section 8355 of the California Streets and Highways Code, for the reasons set out in finding No. 1, the portion of Pruneridge Avenue in the Fee Vacation Area is no longer needed by the public and thus the City may sell the Fee Vacation Area; and 7. The Vacations are in the interest of the safety, convenience and good of the general public, are reasonably related to the regional welfare and, pursuant to section 37350 of the California Government Code, the Vacations and any future duly authorized disposal of the Fee and Easement Vacation Areas are for the common benefit, because they are necessary to accommodate the Apple Campus 2 Project, which will contribute to the health, safety and welfare of the public and the community as a whole. Vacating the Fee and Easement Vacation Areas will allow Apple to create a world-class corporate campus and meet the City's objective of retaining Apple's corporate headquarters. The Project will have fiscal benefits for the City and the surrounding region as demonstrated in the Economic and Fiscal Impacts reports for the Project. It will increase employment in Cupertino by increasing the number of ® employees on the site. The Project will also increase the number of trees on the site. The 3 Resolution No. 13-086 Page 4 Project requires a single, unified, private and secure campus in order to address security needs, and thus keeping Pruneridge Avenue open to the public is incompatible with the • Project. The circulation of pedestrians and bicycles around the site will be enhanced in order to offset the impact upon pedestrians and bicycle traffic due to the closure of Pruneridge Avenue. The Project will greatly expand the permeable surface area of the site, improve water quality in the nearby Calabazas Creek, and create substantial private open space. All of the Project's energy needs will be provided by renewable energy. The Project will utilize extensive Traffic Demand Management strategies in order to minimize the number of single occupant vehicles driving to and from the site. The Project includes mitigation measures designed to reduce the traffic impact upon the neighborhood, the City and the surrounding affected communities. Additional traffic enhancements and improvements have been included in the Project to minimize the impact upon the community and the surrounding communities and adjacent roads or freeways and to improve emergency response times throughout the City. The Project will be constructed on an infill site and will result in regional environmental benefits because it will not require extension of utilities or roads into undeveloped areas or lead to development of greenfield sites in the region; and 8. For the reasons set forth in the preceding finding, as well as the benefits identified in the Statement of Overriding Considerations, these Vacations are in the public interest. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby vacates a portion of Pruneridge Avenue from North Wolfe Road to North Tantau Avenue in Cupertino, as shown and described in Exhibits "V-1" and "V-2" hereto, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby vacates public easements, consisting of access, public utility, and-light and air easements, within the proposed Apple Campus 2 development, generally bounded by North Wolfe Road, Homestead Road, North Tantau Avenue, and Highway 280 in Cupertino, as shown and described in Exhibits "V-3" through "V-15" hereto, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED that this Resolution shall not become effective unless and until (1) the City and Apple Inc. have entered into a Development Agreement, (2) City Council Ordinance No. 13-2114 approving the Development Agreement has become effective, (3) the City and Apple Inc. have entered into a Purchase • 4 Resolution No. 13-086 Page 5 and Sale Agreement for the Fee Vacation Area, (4) all in-place public utilities necessary to serve other properties have been relocated to the satisfaction of the Director of Public Works, and (5) Pruneridge Avenue is closed to public traffic. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby authorized, upon notification from the Director of Public Works that Apple Inc. has met all precedent conditions, to record or cause to be recorded the executed original of this Resolution in the Office of the Recorder of the County of Santa Clara, at which time the vacation will be complete and the area vacated will no longer be a City street or public service easements. PASSED AND ADOPTED at an Adjourned Regular meeting of the City Council of the City of Cupertino this 15th day of October, 2013, by the following vote: Vote Members of the City Council AYES: Mahoney, Wong, Chang, Santoro NOES: None ABSENT: None ABSTAIN: None RECUSE: Sinks ATTEST: APPROV Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE ATTEST ( o Z l .2o-L-1- CITY 013CITY CLERK OF THE CITY OF CUPERTINO BY CITY CLERK • 5 EXHIBIT V-1 EXHIBIT V-1 LEGAL DESCRIPTION FOR: STREET VACATION All that certain real property situate in the City of Cupertino,County of Santa Clara,State of California, being a portion of Pruneridge Avenue as shown on that certain Parcel Map filed for record on October 01, 1976 in Book 380 of Maps at Page 49,Santa Clara County Records,and being more particularly described as follows: Beginning at the intersection of the centerline of Pruneridge Avenue(92' wide)and Tantau Avenue(75' wide)as shown on said Parcel Map, Thence westerly along the centerline of said Pruneridge Avenue,South 89'25'11"West,37.51 feet to a point on the southerly prolongation of the westerly right-of-way line of said Tantau Avenue,and said point also being the True Point of Beginning; Thence northerly along said prolongation,North 00°26'29"East, 95.12 feet to a point of cusp; Thence along the northerly right-of-way line of said Pruneridge Avenue,the following twelve(12) courses and distances: 1. Along a non-tangent curve to the right having a radius of 50.00 feet,and to which point a radial line bears South 89°33'31"East,through a central angle of 88°58'42"for an arc distance of 77.65 feet; 2. South 89'25'11"West, 114.23 feet; 3. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial line bears North 00°34'39"West,through a central angle of 25°10'09"for an are distance of 283.78 feet; 4. Along a non-tangent curve to the right having a radius of 554.00 feet,and to which point a radial line bears South 25°46'00"East,through a central angle of 04°20'22"for an arc distance of 41.96 feet; 5. South 00°12'57"West, 1.08 feet; 6. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial line bears South 21123'16"East,through a central angle of 20047'48"for an arc distance of 201.45 feet; 7. South 89'25'19"West,211.89 feet; 8. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial line bears South 00°35'03"East,through a central angle of 41128'12"for an arc distance of 401.70 feet; 9. North 49°06'20"West,799.86 feet; 10. Along a non-tangent curve to the left having a radius of 645.00 feet,and to which point a radial line bears North 40°53'45"East,through a central angle of 40'17'19"for an arc distance of 453.54 feet; 11. North 89°23'53"West,40.04 feet; 12. Along a curve to the right having a radius of 60.00 feet,through a central angle of 12°59'48"for an arc distance of 13.61 feet; Thence leaving said northerly line of Pruneridge Avenue,the following eleven(11)courses and distances: 1. South 00°35'45"West, 12.54 feet; 2. Along a curve to the left having a radius of 9.50 feet,through a central angle of 89059'38"for an arc distance of 14.92 feet; I:IPROJECTSI411020-21DOCSISURVEY DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIOMLegal Description.docx October 14,2013 Job No.A 11020-2 Page 2 of 2 • 3. South 89°23'53"East,47.00 feet; 4. Along a curve to the right having a radius of 87.50 feet,through a central angle of 21'59'15"for an arc distance of 33.58 feet; 5. South 67°24'38"East, 12.97 feet; 6. Along a curve to the left having a radius of 62.50 feet,through a central angle of 15°55'54"for an are distance of 17.38 feet to a point of reverse curvature; 7. Along a curve to the right having a radius of 612.50 feet,through a central angle of 34°14'l 2"for an are distance of 365.99 feet; 8. South 49°06'20"East, 105.52 feet; 9. Along a curve to the left having a radius of 173.50 feet,through a central angle of 22'55'10"for an arc distance of 69.40 feet to a point of reverse curvature; 10. Along a curve to the right having a radius of 35.50 feet,through a central angle of 202'55'10"for an arc distance of 125.73 feet; 11. South 40°53'40"West,4.00 feet to a point on the southerly right-of-way line of said Pruneridge Avenue; Thence along said southerly line,the following seven(7)courses and distances: 1. South 49°06'20"East,612.97 feet; 2. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial line bears South 40°53'09"West,through a central angle of 41'28'12"for an arc distance of 467.57 feet; 3. North 89'25'19"East,211.91 feet; 4. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial line bears South 00°35'28"East,through a central angle of 25°10'27"for an arc distance of 283.83 feet; 5. Along a non-tangent curve to the right having a radius of 554.00 feet,and to which point a radial line bears North 25°44'48"West,through a central angle of 25°10'09"for an arc distance of 243.36 feet; 6. North 89'25'11"East, 110.81 feet; 7. Along a curve to the right having a radius of 50.00 feet,through a central angle of 91'01'18"for an arc distance of 79.43 feet to a point of cusp on the westerly right-of-way line of said Tantau Avenue; Thence northerly along the previously mentioned prolongation of the westerly right-of-way line of Tantau Avenue,North 00°26'29"East,96.91 feet to the True Point of Beginning. Containing 4.534 t Acres. As shown on EXHIBIT V-2 attached hereto and by this reference made a parthereof. Legal Description prepared by Kier&Wright, Civil Engineers & Surveyors,Inc. ® AM S(�� M.Aggq� �;p Date Ryan M.Amaya LS 8134 6T �OFCA�1��`. 1:1PROJECTS1A11020-21DOCSISURVEY DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIOMLegal Description.docx W EXHIBIT V-2 _ is - is to CD o ' W 9 �I NlLOo CDlo S 89°33'31_E1,, 14 (R=50.00') � • POINT OF co b cob Nirr Nj� R�6460,�g^ G^ltn ¢ BEGINNING _ uoiio SN 25p_2Zg31g L3 oiLola LO °Mao 8;555.048 �\ i 11. L2. �. L1 �i� p_20°4145, 1 L14 01.a L5 L=2p1 GZ J L13 p W ,._ -. TRUE POINT OF 03 =,` AVENUE \ \2 0z: 43.35 �+ :D BEGINNING W '. 646 p0, ����° L^ Vii^ < W +` L12 lb p 22a3 g.3 `rnoQ vio to .: y PORTION OF o�d, MIv; Z PRUNERIDGE ��� of Q AVENUE TO BE Z,- VACATED F- ' 4,534±ACRES _S_21°23'16"E(T R=555.00') o d �� CURVE TABLE: o i R'S0 AZ A3 ' CURVE RADIUS DELTA LENGTH C3 w Ra p-?201 G5 C1 50.00' 88°5842" 77.65' L7 L6 0,-646 `4p 4SOp L m ® I © m m ® o C2 554.00' 04°20'22" 41.96' C4 Lg =S3S9' yo DETAIL c3 60.00' 12°5948" 13.61' C5 �`1' SCALE: 1"=10' C4 9.50' 89°59'38" 14.92' L9 C6 ORcS�2� C5 87.50' 21°59'15" 33.58' 0 3g° Sp. C6 62.50' 15°55'54" 17.38' O ��3SS4' (R 645.00') E(R) C7 173.50' 22°55'10" 69.40' 0 C8 35.50' 202°55'10" 125.73' `'' `''' ' C9 50.00' 91°01'18" 79.43' Lij LL PORTION OF 43' L11 S`��' PRUNERIDGE AVENUE U 7'L TO BE VACATED �1: 4.534±ACRES �3 :�..•dl:.�.'•7.`i�::.. 49° x,99 LINE TABLE: LINE BEARING DISTANCE L1 S 89°25'11"W 37.51' L2 N 00°26'29"E 95.12' �� hg�i0o1 k L3 S 89°25'11"W 114.23' 7. /O • �oip�' ��' L4 S 00°12'57"W 1.08' 19 % �j� Nor.� LAND S� L5 S 89°25'19"W 211.89' M.gtij PGS L6 N 89°23'53"W 40.04' i �'4 SSS L7 S 00°35'45"W 12.54' �28�� L8 S 89°23'53"E 47.00' .,W L9 S 67°24'38"E 12.97' [.Ds� _''• 3 t X337?} > .. =s L10 S 49°06'20"E 105.52' �'^`Q 'l' JL5 113 :j * L11 S 40°53'40"W 4.00' CR 6g f'Y m J'J Natk �Q L12 N 89°25'19"E 211.91' 0. �. {ka;Q L13 N 89°25'11"E 110.81' 46jS�2' `tk LW OF C Nv L14 N 00°26'29"E 96.91' '`a,uq PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE OCT.2013 FOR: STREET VACATION SCALE I"= 200, [CUPERTINO CALIFORNIA DR. BY SB kW KIER & WRIGHT JOB A11020-2 EXHIBIT V-2 CIVIL ENGINEERS &SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard,eullding 22 (408)727 6665 U.c2she5e t\7dGJECIS�AnG2G-7\GM,U\9fi1EY\M.4R\PaUI�LGC{YACATIGfi\$iAEEI VRG➢ON\C-P1AT.dry OCT(}YJt I5,iG 3 5:55 AU Santa Clara,California 95054 fax(408)727 5641 OF VERIFICATION I have reviewed this Agreement and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 151h day of October, 2013, at Cupertino, California. Kirsten Squarcia Deputy City Clerk City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 .' PH: (408)777-3354 FX: (408)777-3333 CUPERTINO PUBLIC WORKS DEPARTMENT December 4, 2014 Cupertino City Clerk's Office Attn: Grace Schmidt, City Clerk 10300 Torre Avenue Cupertino, CA 95014 Subject: Notification of Conditions being met by Apple Inc. Dear Grace Schmidt; This letter is.has been provided to notify you that Apple Inc. has met all of the precedent conditions necessary to execute and record Resolution No. 13-086—A Resolution of the City Council of the City of Cupertino vacating a portion of the Pruneridge Avenue Ri t-of-way between North Tantau Avenue and North Wolfe Road and various easements bounded by North Wolfe Road, Homestead Road,North Tantau Avenue, and Highway 280 as provided in Section 8320 Et Seq. of the Streets and Highways Code of the State of California. Each of the following Conditions, as referenced in''the original resolution, have been met: 1) Both the City and Apple Inc have entered into a Development Agreement. 2) The City Council Ordinance No 13-2114 is effective. 3) The City and Apple Inc. have entered into a Purchase and Sale Agreement for the Fee 11 Vacation of Pruneridge. 4) All of the public utilities necessary to serve other properties and vacate Pruneridge Avenue have been relocated to the satisfaction of the Director of Public Works. 5) Pruneridge Avenue is closed to public traffic. You are now authorized to record the executed original of Resolution No. 13-086 with the Office of the Recorder of the County of Santa Clara. Sincerely, �Timm�Borden, P.E. Director of Public Works City,of Cupertino