CC Resolution No. 24-065 authorizing the sale of surplus real property located at 10301 Byrne Avenue, Cupertino, CaliforniaRESOLUTION NO. 24-065
A RESOLUTION OF THE CUPERTINO CITY COUNCIL AUTHORIZING
THE SALE OF SURPLUS REAL PROPERTY LOCATED AT 10301 BYRNE
AVENUE, CUPERTINO, CALIFORNIA
WHEREAS, on December 19, 2017, the City Council approved the purchase
of the Property at 10301 Byrne Avenue (APN 357-11-020) (the “Property”) for the
purpose of facilitating right-of-way modification to create space for an enhanced
pedestrian entrance to Blackberry Farm; and
WHEREAS, following the purchase of the Property, staff prepared and
recorded a revised Plat and Legal description for the Property that dedicated a
portion of the Property frontage for roadway purposes; and
WHEREAS, the City Council determined that there was no public use for
the remaining portion of the Property and declared the Property surplus on July
6, 2023; and
WHEREAS, on July 25, 2023 the City provided notice of availability of the
Property pursuant to Government Code section 54222; and
WHEREAS, within the 60-day notice period, the City received notice of
interest from two entities that received the notice of availability and negotiated
with those entities in good faith regarding the disposition of the Property as
prescribed in Government Code section 54223, but failed to arrive at a mutually
satisfactory sales price and terms with either entity; and
WHEREAS, following the close of the good faith negotiation period
prescribed by section 54223, the City received an offer to purchase the property for
the amount of $3,110,000 and
WHEREAS, the City Council finds and declares that Government Code
section 65402(a) is inapplicable to the Property because it involves disposition of
the remainder of a larger parcel that was acquired and used in part for street
purposes; and
WHEREAS, the City Council finds that the disposition of the Property
would be of benefit to the City.
Resolution No. 24-065
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the
City Manager to execute and negotiate a sales agreement for the disposition of the
Property located at 10301 Byrne Avenue, Cupertino for an amount not less than
$2,988,000 and further authorizes the City Manager to execute and record any
deed restriction necessary to comply with the Surplus Land Act, California
Government Code Section 54222 et seq.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of June, 2024, by the following vote:
Members of the City Council
AYES: Mohan, Fruen, Wei
NOES: Chao, Moore
ABSENT: None
ABSTAIN: None
SIGNED:
________________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
06/26/24
06/26/24