Loading...
E-861 Summarily Vacating a Portion of an Emergency Access Easement Within the Forum at Rancho San Antonio Property Located at 23500 Cristo Rey Drive, CC Resolution No. 19-037 24186848 Regina Alcomendras Santa Clara County - Clerk-Recorder RECORDING REQUESTED BY 05/23/2019 12:35 PM Titles: 1 Pages: 8 City of Cupertino Fees: $0.00 Taxes: 0 Total: KIT ` .I p' u LL L l W ` WHEN RECORDED MAIL TO IIII 11�.l I 1 i���i�i 6"1"1 ���r41.Wi11 W,i.N,giILW6i�iri I II 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 6103 SUMMARILY VACATING A PORTION OF AN EMERGENCY ACCESS EASEMENT WITHIN THE FORUM AT RANCHO SAN ANTONIO PROPERTY LOCATED AT 23500 CRISTO REY DRIVE RESOLUTION NO. 19-037 C3 Original 0 For Fast Endorsement RESOLUTION NO.19-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUMMARILY VACATING A PORTION OF AN EMERGENCY ACCESS EASEMENT WITHIN THE FORUM AT RANCHO SAN ANTONIO PROPERTY LOCATED AT 23500 CRISTO REY DRIVE WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, subdivision (c) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public service easement if the easement has been superseded by relocation,or determined to be excess by the easement holder,and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate an Emergency Access Easement (hereinafter the "Easement") constituting all that real property situated in the City of Cupertino,County of Santa Clara,State of California,more particularly described in Exhibit "A"; and WHEREAS,on April 16,2019,the City Engineer approved that certain plat entitled "Plat To Accompany Description" attached herewith as Exhibit "B", showing the Easement that the City Council intends to summarily vacate; and WHEREAS, attached to this Resolution as Exhibit "C" is a copy of the staff report, dated April 16, 2019, that the Director of the Department of Public Works submitted to the City Council setting forth the reasons justifying the summary vacation of the Easement (hereinafter "Report"); and WHEREAS, on April 17, 2018 the City Council certified an Environmental Impact Report for Development Permit DP-2017-01, to allow construction of the Forum Project; and WHEREAS, summary vacation of the Easement will facilitate construction of the Forum Project and constitutes a minor modification to the Project, and based on substantial evidence in the record, no subsequent environmental review is required because there are no substantial changes in the Project or the circumstances under which the Project is to be undertaken that would result in new or substantially more severe environmental impacts requiring major revisions to the Final EIR, and there is no new information that involves new significant environmental effects or a substantial increase CC Resolution No.19-037 Page 2 in the severity of previously identified environmental effects that would require preparation of a subsequent or supplemental EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that: SECTION 1. The City Council hereby adopts the Report and, based upon the Report and all other evidence submitted, makes the following findings: 1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and 2. The easement is determined to be excess, and there are no other public facilities located within the easement. SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333(a) and 8333(c) of the Streets and Highways Code,the City Council does hereby order that the Easement shall be and hereby is summarily vacated. SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this Resolution, including Exhibits "A", "B", and "C" hereto. SECTION 4. The Easement will no longer constitute an Emergency Access Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of April 2019,by the following vote: Vote Members of the City Council AYES: Scharf, Chao, Pahl, Sinks, Willey NOES: None ABSENT: None ABSTAIN: None ATTEST: AP OVED: ev"2'�0 —Y�� Grace Schmidt, City Clerk S�"� �9 Steven Scharf,Mayor, City of Cupertino April 9,2019 BKF Job No.: 20165092-50 ma EXHIBIT "A" EASEMENT DESCRIPTION FOR: PORTION OF EMERGENCY ACCESS EASEMENT ,BKF PER L364 O.R.2014 TO BE VACATED ENGINEERS All that certain real property in the City of Cupertino, County of Santa Clara, State of SURVEYORS California, and described as follows: PLANNERS BEING a portion of Parcel 3 as said parcel is described in the document entitled "Emergency Access Easement" recorded May 23, 1990, in Book L364 at Page 2014, Instrument Number 10533465, Santa Clara County Official Records, said portion being more particularly described as follows: i BEGINNING at the northwesterly terminus of that certain coursed described as "(57) { South 58°48'05" East 19.19 feet"; THENCE southeasterly, southwesterly and northwesterly along the perimeter of said Parcel 3 the following six (6) courses: 1) South 58 48 05 East 19.19 feet 2) southeasterly along a tangent curve to the right, whose radius point bears South 3I'l F55" West for 15.00 feet, an are length of 3.61 feet and through a central angle of 13°48'05", to a point of tangent line; 3) South 45°00'00" East 67.64 feet; 3) South 45°00'00" West 24.00 feet; 4) North 46°27'00" West 74.22 feet; 5) North 58°48'05" West 7.48 feet; 6) westerly along a tangent curve to the left, whose radius point bears South 31°11'55" West for 10.00 feet, an are length of 11.65 feet and through a central angle of 66°45'30'; THENCE leaving the last said line North 43°17'38" East 30.74 feet to the POINT OF BEGINNING. j Contain an area of 2,237 square feet,more or less. i A plat showing the above described easement is attached hereto and made a part hereof as Exhibit"B". This description was prepared from record information for BKF Engineers. Kevin Stein,P.L.S No. 9028 r 'hS�o�P Dated:March 5, 2019 a KEVIN STEIN r , * PLS 9028 *`? v R OF C A,vxF ., K:\2016\165092 Forum Cupertino\DOCS\08-Survey\I-Plats_and Legal Desc\FO-QC-EAE-DESC.doc Page 1 of 1 PARCEL 3 EMERGENCY ACCESSiLq�S,p \\ EASEMENT — — ` \ �FS�F� L364 O.R. 2014 \ \\T�F Qp \ POB- No ma`s F \ \ I I 2 60 �" PARCEL 3 PORTION OF EMERGENCY ACCESS PARCEL 3 sr �o o EASEMENT L364 O.R. 2014 EMERGENCY ACCESS �y ti°oo EASEMENT �1 �1 L364 O.R. 2014 LINE TABLE TO BE VACATED L1 S 58°48'05" E 19.19' PARCEL 3 2,237 SFf EMERGENCY ACSS \� \\ L2 7.48'°4s'o5" w CE EASEMENT L364 O.R. 2014 p \ CURVE TABLE Cp Cl A= 13°48'05" R = 15.00' L = 3.61' \\ / C2 n= 66045'30" THE FORUM AT \ // R = 1\ L = 11.65.65' RANCHO SAN AN rON1O K282 J.R. 1393 LEGEND: M NJORAINDUM Or LEASE O. R. OFFICIAL RECORDS PARCEL ONE POB POINT OF BEGINNING SF SQUARE FEET 1383203 J.R. CITY OF CUPERTINO GRAPHIC SCALE SANTA CLARA COUNTY 40 0 40 80 EXHIBIT "B" 1646 NORTH CALIFORNIA BLVD. Subject PLAT TO ACCOMPANY IBRF SUITE 400 DESCRIPTION WALNUT CREEK, CA 94596 Job No. 20165092-50 925-940-2200 925-940-2299 (FAX) By MLH Date 04 09 19 Chkd.BTW ENGINEERSI SURVEYORS IPLANNERS SHEET 1 OF 1 Exhibit C PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 CUPERTINO TELEPHONE:(408)777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 16, 2019 Subject Summary Vacation of a Portion of an Emergency Access Easement within The Forum at Rancho San Antonio Property at 23500 Cristo Rey Drive Recommended Action Adopt Resolution No. 19-XXX, summarily vacating a portion of an emergency access easement within The Forum at Rancho San Antonio Property at 23500 Cristo Rey Drive. Discussion On April 17, 2018, the City Council approved the Development Permit DP-2017-01 and certified a Final Environmental Impact Report (EIR) to allow additions and renovations to the existing facilities at 23500 Cristo Rey Drive, including a new memory care building, and twenty-three new independent living units, (the Forum project) submitted by The Forum at Rancho San Antonio (Applicant). During the building permit review process, staff determined that the proposed location of one of the twenty-three new independent living units (Villa 63) is currently encumbered by an unused portion of an existing emergency access easement held by the City. The existing easement spans over the private streets and undeveloped land within the subject property and grants to the City the right of emergency ingress and egress over these areas. The unused portion of the easement is located approximately 40-feet east of Sereno Court (refer to Attachment A & B) in an area where no streets exist. The Applicant submitted a request to vacate the unused portion of the existing emergency access easement. "Vacation" of the easement means that the City would terminate the public emergency access rights over this portion of the property. A "summary" vacation is a more simplified process than is otherwise required for terminating public access rights. The Santa Clara County Fire Department was contacted to verify if there are any current or proposed plans to utilize the easement, and if the Fire Department has any objections to the City vacating the easement. An approval letter was received from the Fire Department (refer to Attachment D) determining that the easement is not required and there are no objections to the vacation. The easement may be summarily vacated trader the Streets and Highway Code, Section 8333(a) if"the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation" and Section 8333(c) if"the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement." Staff has determined that the easement has not been used for five consecutive years preceding this action and that there are currently no public facilities within the easement (refer to Attachment E), and that the Emergency Access Easement is not needed for public purposes and is thus an excess easement. Adoption of this resolution will allow the City to summarily vacate the existing Emergency Access Easement on the subject property, as described and shown in Attachment A & B. Upon recordation of this vacation, the Emergency Access Easement will be removed from the property and no further action regarding the vacation will need to be taken by the City Council. This vacation will facilitate construction that is within the scope of the approved Forum project. The vacation constitutes a minor modification to the project and none of the conditions requiring a subsequent or supplemental EIR as described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and Section 15163 have occurred. Accordingly, no further environmental review is required to approve this vacation. Sustainability Impact No sustainability impact incurred by approving the summary vacation of the Emergency Access Easement. Fiscal Impact No fiscal impact incurred by approving the summary vacation of the Emergency Access Easement. Prepa� red by.Jennifer Chu, Associate Civil Engineer Reviewed by: Roger Lee, Acting Director of Public Works Approved for Submission by: Timm Borden, Interim City Manager Attachments: A—Legal Description for Vacation of Emergency Access Easement B—Plat Map for Vacation of Emergency Access Easement C—Draft Resolution D—Fire Department Approval Letter E—Aerial Photography of Easement Area 1107366.2 11 I I 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 161h day of May 2019, at Cupertino, California. Cyrah Ca urian City Clerk's Office City of Cupertino