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E-587 Vacation of Air Rights, Vallco Park Adjacent to Interstate 280 & Wolfe (2)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: 18967314 111111111111111111111111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 6 Fees.... * No Fees Taxes.. Copies. AMT PAID RDE # 012 6/08/2006 1:36 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) VACATION OF AIR RIGHTS EASEMENTS WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; VALLCO PARK ADJACENT TO INTERSTATE 280 AND WOLFE ROAD RESOLUTION NO. 06-051 0 Original 0 For Fast Endorsement RESOLUTION NO.06-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF AIR RIGHTS EASEMENTS WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; VALLCO PARK ADJACENT TO INTERSTATE 280 AND WOLFE ROAD WHEREAS, hearing on Resolution of Intention No. 06-007 was held on January 3, 2006, at a regular meeting of the City Council at 10350 Torre Avenue, Cupertino, California; WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the City to vacate the hereinafter described air rights easements; that said easements are unnecessary for present and prospective public purposes. NOW, THEREFORE, BE IT RESOLVED: 1. That any and all protests of the vacation of said air space easements be and hereby are overruled and denied. 2. That those air right easements described and shown in Exhibits "A" and `B" attached hereto and made a part hereof, be and hereby are vacated. BE IT FURTHER RESOLVED: That the City Clerk be and hereby is instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7"' day of March 2006, by the following vote: Vote Members of the City Council AYES: Lowenthal, Wang, Kwok, Mahoney, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk /s/ Richard Lowenthal Mayor, City of Cupertino �'j. C > NO. EXHIBIT "A" 12/3 i,'07 LEGAL DESCRIPTION �T VALLCO — PARCEL 1 OF VACATION OF AIR RIGHTS EASEMENT ALL THAT REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, LYING WITHIN PARCEL I -A PER THAT CERTAIN GRANT DEED TO VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED APRIL 19, 2005 IN DOCUMENT NO. 18331566 OF OFFICIAL RECORDS: BEING A VACATION OF AIR RIGHTS EASEMENT PER AGREEMENT EXECUTED BY AND BETWEEN CITY OF CUPERTINO AND VALLCO PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED OCTOBER 17, 1974, IN BOOK B135, PAGE 370 OF OFFICIAL RECORDS BEING THE WESTERLY PORTION OF THE REAL PROPERTY OWNED BY VALLCO, SHOWN SHADED PER EXHIBIT "B" PER SAID AGREEMENT, SUBJECT TO HEIGHT SPECIFICATIONS PER SAID AGREEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF TRACT NO. 2860 AS SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 138 OF MAPS, PAGE 22 AND 23, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID TRACT, NORTH 0017'20" WEST, (PER SAID MAP) 340.30 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 88054'46" EAST, 115.62 FEET TO A POINT IN THE GENERAL NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THAT CERTAIN DEED RECORDED IN BOOK 7898 OF OFFICIAL RECORDS, PAGE 248, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID LINE, SOUTH 4301916" EAST, 99.22 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 11033'10" EAST, 245.38 FEET; THENCE CONTINUING ALONG SAID LINE, ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 400.02 FEET, THROUGH A CENTRAL ANGLE OF 31044'37", AN ARC LENGTH OF 221.62 FEET; THENCE CONTINUING ALONG SAID LINE, SOUTH 43017'43" EAST, 260.54 FEET; THENCE CONTINUING ALONG SAID LINE, IN A SOUTHERLY DIRECTION ALONG A NON -TANGENT CURVE HAVING A RADIUS OF 147,01 FEET, CONCAVE TO THE SOUTHWEST, WHOSE CENTER BEARS SOUTH 46040'52" WEST THROUGH A CENTRAL ANGLE OF 26009'48", AN ARC LENGTH OF 67.13 FEET TO THE NORTHEASTERLY CORNER OF PARCEL I-C (1) PER SAID GRANT DEED TO VALLCO; THENCE LEAVING SAID GENERAL NORTHEASTERLY LINE ALONG THE NORTHERLY LINE OF SAID PARCEL I-C (1), ALONG A COURSE IN THE BOUNDARY OF SAID PARCEL I -A, AND ITS WESTERLY PROLONGATION, SOUTH 88054'46" WEST, 502.05 FEET TO THE EASTERLY LINE OF TRACT 2086 AS SHOWN ON THAT CERTAIN MAP RECORDED IN BOOK 112 OF MAPS, PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0004'30" WEST, 415,77 FEET TO THE NORTHEASTERLY CORNER OF SAID TRACT 2086; THENCE, ALONG THE NORTHERLY LINE OF SAID TRACT 2086 NORTH 83047'30" WEST, 42.44 FEET TO THE POINT OF BEGINNING. THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, EXHIBIT "B", AND BY REFERENCE, MADE A PART HEREOF. Admindata/legal/205176Parcel 1.Vacation of Air.012306 APN 376- 20-057 N88 5446 "E AUBURN ? I i't DRI vE I n QC) r 0 2 POINT OF BEGINNING m 42.41 N834730"1wy MERRITT DRIVE i� v o I� �l Try o o o 2 CD oS'iNrFPs�p SF P. of 4Te RRq �rny `1'T FR F Cq� 80 GRAPHIC SCALE 0 zo a�0 1 inch = 100 ft. �F � 9J C. - o m � m,� 1p 9f a \N\ (p0 N� 9c \ o ss i VACATION OF AIR RIGHTS EASEMENT PARCEL 1 (WESTERLY PORTION OF \ EXHIBIT "B" "sy BK. B135 O.R. PG. 370) sue. F• POR7lOiV OF PARC l J-A DOC, +103 1666 D,R. \ 00 � S88'54'46"W 502.05'- - JJC. �1:7�3/tea^FJ J,R. EXHIBIT "B" \ I R=147.01' A=26 09'48" L=67.13' W LL J a OO cc lljE' 01-20-0e PLAT TO ACCOMPANY SI IEET 0 CIVIL .ENGINKIes DESCRIPTION OF VACATION S A N D I S nvevpaa 1 oaawN or' OF AIR RIGHTS EASEMENT ARAWINGN �c LANDS OF VALLCO PARK 605 Castro Street Mountain View, CA 94091 1 P.650.969.6900 F.650.969.fi4R www.aenEle.net DRAWING NO: _ SHEETS 1 EXHIBIT "A" LEGAL DESCRIPTION VALLCO — PARCEL 2 VACATION OF AIR RIGHTS EASEMENT ALL THAT PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, LYING WITHIN PARCEL VI PER THAT CERTAIN GRANT DEED TO VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED APRIL 19, 2005 IN DOCUMENT NO. 18331566 OF OFFICIAL RECORDS: BEING A VACATION OF AIR RIGHTS EASEMENT PER AGREEMENT EXECUTED BY AND BETWEEN CITY OF CUPERTINO AND VALLCO PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED OCTOBER 17, 1974, IN BOOK B135, PAGE 370 OF OFFICIAL RECORDS BEING THE EASTERLY PORTION OF THE REAL PROPERTY OWNED BY VALLCO, SHOWN SHADED PER EXHIBIT "B" PER SAID AGREEMENT, SUBJECT TO HEIGHT SPECIFICATIONS PER SAID AGREEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 60014'49" EAST, (PER SAID MAP) 575.42 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL VI PER SAID GRANT DEED; THENCE LEAVING SAID NORTHEASTERLY LINE OF PARCEL 1 OF SAID MAP ALONG THE COURSE IN THE BOUNDARY OF SAID PARCEL VI PER SAID GRANT DEED DESCRIBED AS "SOUTH 88054'46" WEST, 384.58 FEET", AND ITS WESTERLY PROLONGATION SOUTH 88054'46" WEST, 571.23 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1 OF SAID MAP, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL VI PER SAID GRANT DEED; THENCE ALONG SAID WESTERLY LINES NORTH 15006'31" EAST, 2.41 FEET TO AN ANGLE POINT IN SAID LINES; THENCE CONTINUING ALONG SAID WESTERLY LINES NORTH 09017'58" EAST 239.57 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINES, ALONG A TANGENT CURVE HAVING A RADIUS OF 97.00 FEET THOROUGH A CENTRAL ANGEL OF 39048'24", AN ARC LENGTH OF 67.39 FEET TO THE POINT OF BEGINNING; THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, EXHIBIT "B", AND BY REFERENCE, MADE APART HEREOF. Admindata/legal/205176Parcel 2. Vacation of Air.012306 POINT OF BEGINNING y � a' R-14701' R 6=39 48'24" N/p L=67.39' J o ��qS s q os iNTF 40 SFR GRAPHIC SCALE 0 zo 40 so ao 100 1 inch = 100 ft. 6 q F v / ems\ BFqST9T 9To � ;N VACATION OF AIR RIGHTS�R F �2Stii' CY EASEMENT PARCEL 2 S o Q (EASTERLY POR77ON OF EXHIBIT "B" cc n BK. B135 O.R. PG. 370)LU h r` PORTION L lOF PAT?C Yl OO O J0c. +I✓JJIOJJ J.fl1. IN O � O � rr 3 a v/ 5885446"W 571.23' N� V APN 376-20-062 IV AGI:VMYANT IFleeT o SAN S VURVEY IxeenF "Nl�'�'2 DESCRIPTION OF VACATION:Y::ew;' OF AIR RIGHTS EASEMENT2 605 Casho Sbae[ Mauntaln Vlew�CA 94041 P.650.969.6900 F.650.9fi9,64]R w wnmtlb.nat LANDS OF VALLCO PARK