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CC Resolution No. 13-087 Purchase and Sale Agreement, Sale of Portion of Pruneridge Avenue, Apple Campus 2RESOLUTION N0.13 -087 A RESOLUTION of THE CITY COUNCIL of THE CITY of C PE TINO AUTHORIZING THE EXECUTION of A PURCHASE AND BADE AGREEMENT, AND T ORIZI G THE SALE of A PORTION of PRUNERIDGE AVENUE, SUBJECT To AND UPON THE TERMS AN CONDITIONS SET FORTH IN THE PURCHASE AND SALE AGREEMENT WHEREAS, development of the proposed Apple Campus 2 Project, which consists of the redevelopment of an existing office park into a single, unified campus on property generally bounded by forth Wolfe Road., Homestead Road, d, forth Tantau Avenue, and Highway 280 (the "Project's), requires the vacation and conveyance of a portion of the City street mown as Irn.eridge .Avenue that intersects the Project site as more particularly described in the legal description and map attached to the Purchase and Sale Agreement as Exhibit SSA -1 (the "Property"); and WHEREAS, the Planning Commission of the City of Cupertino has determined that disposition of the Property for such purpose is consistent with the General Flan, as amended her proposed General Plan amendments for the Project (Resolution. no. 13-083); and WHEREAS, staff has negotiated a Purchase and Sale Agreement (the "Purchase and Sale Agreement") that specifies the terms and conditions for the sale of the property (attached as Exhibit A; and WHEREAS, the Purchase and Sale Agreement provides that the sale of the Property is conditioned upon, among other things, the execution of a Development Agreement pertaining to the Project, the effectiveness of the Ordinance approving such Development Agreement and the expiration of the applicable statute of limitations with respect to any claim., cause of action, suit or other action relating thereto, and the relocation of utilities located in, on or under the Property; and WHEREAS, the Purchase and Sale Agreement provides that the purchase price for the Property shall be Twenty-Three Million., Eight Hundred Fourteen Thousand, Two Hundred fifty -Seven Dollars ($23,814,257). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino hereby: Resolution Igo. 13-0 Page 1. Finds and determines that the Property is not needed for any governmental purpose, and that disposition of the Property for the Project pursuant to the Purchase and Sale Agreement will be for the common benefit; and 2. Finds and determines pursuant to section 5355 of the California Streets and Highways Code, that when considering the entire transportation network in the City and surrounding jurisdictions, the Property 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 Project consisting of North. Wolfe Load, East Homestead Toad, Vallco Parkway, and North Tan.tau Avenue, which provide 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 Pru.neridge .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 3. Approves the Purchase and Sale Agreement in the form presented to the City Council, and authorizes the City Manager or his designee to execute the Purchase and Sale Agreement substa tia.11y in such form; and 4. Authorizes and directs the City Manager or his designee to execute such additional instruments and to tale such actions as necessary to carry out the intent of this Resolution, including without limitation, the execution and deliverer of a grant deed for the Property upon the satisfaction of the conditions precedent set forth in the Purchase and Sale Agreement. Resolution No. 13-087 Page 3 PASSES AND ADOPTED at an Adjourned Regular lar meeting by 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. lone ABSTAIN. None 1 EC SE. Sind ATTEST; APPRO Grace Schmidt, City Clerk Aln Orrin Mahoney, M ,1fo"f"r C1 Cuper-tino IEXHTBIT PSA-I EXHIBIT PSA-1 LEGAL DESCRIPTION FOR: STREET VACATION All that certain real property situate in the City of Cu ertino, County of Santa Clara, State of California., being a portion of Prunerid.ge Avenue as shown on that cei ain Parcel Map filed for record ors ' ctober 0 1, 1976 in Boob, 3 80 ofMaps at Wage 49, Santa Clara County Records, afid being more particul a.rly 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 center] ine of said -P runeridge Avenue, South 89'25'1. 1 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 noilherly along said prolongation, North 00 "26'29 " - .fast, 95.12 feet to a point of cusp; Thence along the northerly right- o f-way lire of said Pruneridge Avenue, the follo wing twelve 12 courses and distances: Along a. non-tangent curve to the right having a radius of 50,00 feet, and to which point a radial line bears South. 8 99 3 '3 1" East, through a central ang] of 88158'42" for an arc distance of 77.65 feet; . 2. South 89125'11 " 'west, 114.23 feet; Along a non-tangent curve to the left having a radius of 646.00 feet, and to which point a radial line bears North 00034'39' 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 lire bears Soufh 25 °46'00" Easy:, through a central angle of 04120'22" for an are distance' of 41.96 feet; 5. South °12'57" Vest, 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 21'231'16"' East, through a central angle of 20147'48 "' for an are distance of 201.45 Poet; 7. South 89125'19" Vest, 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 41'28'12" for an arc distance of 401.70 feet; 9. North 49 °06'20" 'west, 799.6 feet; 10. Along a. non - tangent curve to the left havi October 14, 2013 Job No. A 11020-2 Pag 2 of 2 3. South 89123'53" 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' 1 " for an arc distance of 33.58 Feet; 5. South 7°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 15155'54" for an arc distance of 17.38 feet to a point of reverse curvature; 7. Along a curve to the right having a radius of 612,5 o feet, through a central angle o f 3 4° 14' 12" for are 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 17 3. o feet, through a central angle of 22° 5'10 " for an are 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 are distance of 125.73 feet; 11. 8oi fh �4� ' `40" -W st; -' 4.00 feet to a Point or' t e southerly right-of-W6:y line of shid Prunerid e Avenue; Whence along said southerly line, the following seven 7 courses and distances: 1. South 49 1106'20" East, 612.9' 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 are distance of 467.57 feet; 3. North 89'25'19" East, 211. 1 feet; 4. Along a non. - tangent curve to the left having a radius of 646.00 feet, atad to which point a radial IMe hears South o0 °3 5'2 8 " East, through a central angle of 25 ° 10'27" for an are distance of 283.53 feet; 5. Along a .on- tangent curve to the right having a radius of 554.00 feet, and to which point a radial line bears North .2 °44' 48" West, through a central angle of 25'1-0'09"' for an arc distance of 243.36 .feet; 6. North 89025'l 1 "' 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 are distance of 79.43 feet to a point of cusp on the westerly right-of-way line of said 'e to Avenue; Thence northerly along the previously mentioned prolongation of the westerly right-of-way line of Tanta Avenue, North 0 °26'29" East, 96,91 feet to the True Point of Beginning. Containing 4.534 ± Acres. As shown on X I I' " PSA -1 attached hereto and by this reference made a part hereof. Legal Description preparied by Kier & Wright, Civil Engineers & Surveyors, Inc. ' �� � � Date /Q :5b x . an M. Amaya LS s 134- or NPROJ9CTSW 1 1020-200GS1 S URVEY Do 1�E AI_ OESCRIPTIONSPRUNERIDGE VA CA TI NIegal Description. do x EXMBIT PSA-1 t 4 t i 44 4}r 4 4 pr b 1 0 4 t 4 UJ LLJ z QD C) w rict plo b S 89"33'31" EAR) �\ m 16 to 1,4 (R=50,00p) > gq ILO ;t ILO W1 Lu ou -- -rgo, - < POINT OF colb - C\11k N 11 ?";� A ol I cc CD 10� 25 Q $ 7' BEGINNING ICD L3 -N 0 L2 L 1 N C? c,47148;' 1 L 14 P0 45 NOW-- I C) L5 p L13 L4 IK— 11 TRUE POINT OF CD BEGINNING AVENUE 43 -Z \Ti LL1 A AA Nk 0 ro 46. 41 a < F-- L12 V) PORTION OF z L 4 4 10 PRUNERIDGE < F- AVENUE TO BE VACATED Zi 41534 ACRES r S 21423'16" E(R) 1001), CURVE TABLE: LO h I CD . A CURVE RADIUS DELTA LENGTH N dt'5 C3 C1 50-00' 88058p4211 77465' L6i 00� L7 L C2 554POO' 04"20'22 41.96' DETAIL 03 60.00p 12059'48 13.61 C 4 L8 4� C, wo 5 C6 c�. C4 9. 50' W59'38" 14.92P 5 SCALE: I "-10' C6 iy_'� L9 % C6 87150' 21 "59'15`" 33.58 1? 40053'45" E(LRI C6 62.50' 15"5515411 17d38' N < N I C7 173.50 220561011 69.40' 0 99 C8 5d Or 202"55'10 11 125.73" .11 d I p #ir C9 50.00, 91,101,18 79.43 d t P. 0' 49) Lu <6 5,13 171 LL d v d 1 0 ■ 4.44 � '.po D4*r rpm* p a- PORTION OF 4 3 2 91 P-pi; 4 9) PRUNERIDGE AVENUE TO BE VACATED 1p., 4 Pori qrrr w 4.534 ACRES to., t t p 4 9 '0 LINE TABLE; .0c) I,INE BEARING DISTANCE L1 8 89°25''1'1" W 37.51' L2 N 0002629" E 95,12' L 3 S 89"25'11 " W 114.231 61 06 7 �p L4 S 00('1257" W 1.08, 0hen L5 S 89025'19" W 211.801 LB N 89023j53" W 40104' 6'5' I'll L7 S 00"35'45" W 12.54 h. 6. 0 0 Ap 1 ., 8 S89023153 E 47.00' :•i' ii.: > L9 S 67(24'38" E 12.97' 13"'9 9:5 *7 2 *1 L10 S 49006'20" E 105.52f 41�43 L11 S 40-J53140 W' 4.00' 4b L12 N 89025'19" E 211.91' 4 7 0;? d 00' P, os 0� Lu L13 N 8902511 " E 11 D.81' L14 N 00"26'29" E 96491' LLJ 00 uq do PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE OCT. 2013 FOR: STREET VACATION SCALE 1 X00' CUPERTINO CALIFORNIA DR. BY sf3 1w KI ER & WRIGHT JOB A] 1020-2 EXHIBIT PSA�l CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 535() Scott Rou levard, Bul ld I ng 2 2 (408) 727 6665 UHR: sb(A v 1: \pR0j105\A 11 W- 2\OWG�MY�P[A IS\PRUNERIM, VACAI 1011\STRUT VACAT1CN\C-PLfl,d-gg QTwER 15, 2013 6:5V4 M Santa Clara, Caflfa rn la 95054 fax (408) 72 7 5641 OF I EXHIBIT PSA -2a EXHIBIT PSA-2a LEGAL DESCRIPTION FOR: STREET VACATION 4 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Prunes #idge Avenue as shown on that certa.ln Parcel Map filed for record o ' ctober o 1, 1976 in Boob 3 80 of Maps at Page 49, Santa Clam County Records, a.d being more particularly described as follows: Beginning at the intersection of the centerline of PrAun rid e Avenue " wide) and Tantau Avenue 75' wide) as shown on said Parcel Map, Thence mest rly along the. ce terrine of s aid -Pruneridge A.ve "sue, South 8 9 125' 14 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 00126'29" ,fast, 95.12 feet to a point of cusp; Thence along the northerly right-of-way lime of said Piunerid c Avenue, the following helve 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 beams South 89"33"D I" East, through a central angle' of 88158'42" for an are distance of 77.65 feet; . 2. South 89025'11 "' 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 o0 °34'39" West, through a central angle of 25 °J 0'09" 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" Fast, through a central airgie of °20'22" for an arc distanc6 of 41.9 feet; 5. South 0 °12'57" Vest, 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 hears South 21123'16"' East, through a central angle of 2 °47'48" for an are distance of 201.45 feet; 7. South 89'25'19" Vest, 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 o0 °35'03" East, through a central angle of 41'2 ' 12" for an arc distance of 401.70 feet; 9. North 49 °06'20" Vest, 799.6 feet; 10. A.lon.g a n.on-tangent curve to the I eft 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 40117'19" for an are distance of 453.54 feet; 11. North 9 °23'53" vest, 40.04 feet, 12. Along a curve to the aright having a radius of 60.00 Feet, through a central angle of 12059'48" for an arc distance of 13.61 feet; Whence leaving said northerly line ofPru .eridge 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 89'59'38" for an are distance Of 14.92 feet; I PROJE T 01 1020-ZD0CSWRVEY DOCSILEGAL DESCRIPTIONSPRUNERIDGE VACATIONILegal Descriptlon.doax October 14, 2013 Job No, A 11020-2 Page 2 of 2 3. South 89123'53" East., 47.00 eet; 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 6 °24'38" East, 1 2,97 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 1'x.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 34114'12"' for an are distance of 365.99 feet; 8. South 49 °06'20" East, 105.52 feet; 9. A Tong a curve to the left having a radius o f 173.50 feet, through a central angle o f 22 °55' 10" for an are 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. S o "4 " '40" 'hest;. -4.00 feet to a paint on -the southerly right -of -.gray Iine of said Prune-ridge Avenue; Thence along said southerly line, the following seven 7 courses and distances: I . South 49 °06'20" fast, 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 beers South 40'53'09" West, through a central angle of 41 '28'12" for an are diiaee of 467.57 feet; North 89'25'19" East, 21 1.91 feet; 4. Along a non - tangent curve to the left having a radius of 646.00 feet, and to which point a radial line hears South 0 0 °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 1inebears North'25 °44'48" West, through a. central angle of 25 °1 '09" for an are distance of 243.3 6 feet; 6. North 8 9 °25' 11 " East, 110. 8 1 feet; 7. Along a curve to the right having a radius of 50.00 feet, through a central angle of 9 1'01' 18" for an are distance of 79.43 feet to a point of cusp Qn 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 `.Prue Point of Beginning. Containing 4.534 ± Acres. As shown on EXHIBIT PSA-2aattached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, CI *1 Engineers & Surveyors, Inc. Date P Q °f�°' %�► � "�°.s r Ryan M. Asnaya 0 L 8134 � M. o- OF C uj EXERBIT PSA-2a 1, N. A :D 1 4 p 4 k 4 4 9 7— 71 0 S 89033131" QR) (R=60.00p) > Lu ud L01 < POINT OF 00 C) 751 BEGINNING LO I L;6 LO Ice co IV) do Ll L2. �6515 o001 L L14 0 L5 2()A p 46 I ) L13 L4 -1 554 .00 LIJ �010 TRUE POINT OF AVENUE\ BEGINNING Lj < A-X 0 L12 un PORTION OF z %sit PRUNERIDGE < AVENUE TO BE VACATED 4.534 ACRES z r S 2 1'023'16" E(R) n CURVE TABLE: L 0 A 4 n. CURVE RADIUS DELTA LENGTH C3 A5 11 p 00 C1 50.00' 88"58'42 77.65 L61 00p t) 0 1 =L I m mm j C2 554.001 04"20'22" 41.96' L7 ■ m mm N__ DETAIL C3 60-00' 12059'48" 13.61' C4 L 8 J* 64 ALE: I If C4 9,50' 89"59'38" 14,92' C5 L9 C6 ).�ItzVj 5C =I 0, C5 87,60' 21 "50'15" 33.68' 0 L9191 C6 62P5✓' 1505654 17.38' 4 N 40"53'45" E(LRj -1 72 1 - - - - - - - 0 (R=645.001) C7 173.50' 2205610 69.40' Vo CS 35150' 202"55'10 125.73' ■ %IN. p p ­, IN m., 50-00' 9 1 °1" 08" 79.43' ui 0 Ito* 141� 1 PORTI OF ON A PRUNERIDGE AVENUE L11 TO BE VACATED 4,534 t ACRES .4 4 9 OP LINE TABLE- LINE BEARING DISTANCE Ll S 89°25'11' W 37.51 L2 N 00"26'29" E 95.12 % L3 S89025'11"W 114.23' L4 S 00"19'57" W 1.08 4,9 L AND L 5 S 59'026'19" W 211-891 40. L6 I2' #' W 40,04' L7 S 00"35'45" W 12.54' qp$� d% I 7ell 6 4 :1, 16�, 6 odo 4 pf L8 S 8902315311 E 47.001 '... 4 * A0, LLJ % L9 S 67024'38" E 12.97' iI 13 7 9 3 7 > L10 S 49006420" E 105.521 0 'I SO t.S L11 S40053140 11 W' 4.00' 067 < 410 N jiv.-f L12 N 8902510" E 211.91 L13 N 89"2511 " E 11 D.81' 61 appf LU C L14 N 00"26'29" E 96.91' uj 00 un AV PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE OCT. 2013 FOR: STREET VACATION SCALE 1 200' CUPERTINO CALIFORNIA DR. BY SS KI E & WRIGHT JOB Al 1020-2 EXHIBI SA ,-2 a w CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Ro levard, aulldIng 22 (408) 727 6665 RIDGE %1ACVI0N\STNEET V?,�ATIDN�C—P[Aldwq OCT03ER 15 2D 3 6:54 AV Santa Clara! Cal 1 forn la 95 054 fax (408) 727 5641 1 OF 1 MIMI 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 Fees.. No Fees Copies AMT PAID REGINA ALCOMENDRAS RDE # 001 SANTA CLARA COUNTY RECORDER 10/25/2013. Recorded at the request of 1:4,9 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) EXECUTION OF A PURCHASE AND SALE AGREEMENT, AND AUTHORIZING THE SALE OF A PORTION OF PRUNERIDGE AVENUE, SUBJECT TO AND UPON THE TERMS AND CONDITIONS SET FORTH IN THE PURCHASE AND SALE AGREEMENT, RESOLUTION NO. 13 -087 173 Original O For Fast Endorsement RESOLUTION. N0.13 -087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT, AND AUTHORIZING THE SALE OF A PORTION OF PRUNERIDGE AVENUE, SUBJECT TO AND UPON THE TERMS AND CONDITIONS SET FORTH IN THE PURCHASE AND SALE AGREEMENT WHEREAS, development of the proposed Apple Campus 2 Project, which consists of the 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 (the "Project "), requires the vacation and conveyance of a portion of the City street known as Pruneridge Avenue that intersects the Project site as more particularly described in the legal description and map attached to the Purchase and Sale Agreement as Exhibit PSA -1 (the "Property "); and WHEREAS, the Planning Commission of the City of Cupertino has determined that disposition of the Property for such purpose is consistent with the General Plan, as amended by proposed GenE!ral Plan amendments for the Project (Resolution no. 13 -083); and WHEREAS, staff has negotiated a Purchase and Sale Agreement (the "Purchase and Sale Agreement ") that specifies the terms and conditions for the sale of the Property (attached as Exhibit PSA); and WHEREAS, the Purchase and Sale Agreement provides that the sale of the Property is conditioned upon, among other things, the execution of a Development Agreement pertaining to the Project, the effectiveness of the Ordinance approving such Development Agreement and the expiration of the applicable statute of limitations with respect to any claim, cause of action, suit or other action relating thereto, and the relocation of utilities located in, on or under the Property; and WHEREAS, the Purchase and Sale Agreement provides that the purchase price for the Property shall be Twenty -Three Million, Eight Hundred Fourteen Thousand, Two Hundred Fifty -Seven Dollars ($23,814,257). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino hereby: Resolution No. 13 -087 Page 2 1. Finds and determines that the Property is not needed for any governmental purpose, and that disposition of the Property for the Project pursuant to the Purchase and Sale Agreement will be for the common benefit; and 2. Finds and determines pursuant to section 8355 of the California Streets and Highways Code, that when .considering the entire transportation network in the City and surrounding jurisdictions, the Property 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 Project consisting of North Wolfe Road, East Homestead Road, Vallco Parkway, and North Tantau Avenue, which provide 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 3. Approves the Purchase and Sale Agreement in the form presented to the City Council, and authorizes the City Manager or his designee to execute the Purchase and Sale Agreement substantially in such form; and 4. Authorizes and directs the City Manager or his designee to execute such additional instruments and to take such actions as necessary to carry out the intent of this Resolution, including without limitation, the execution and delivery of a grant deed for the Property upon the satisfaction of the conditions precedent set forth in the Purchase and Sale Agreement. � 1 Resolution No. 13 -087 Page 3 PASSED AND ADOPTED at an Adjourned Regular meeting by 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 Grace Schmidt, City Clerk y 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 � C) 12-1 , 20-j--3 CITY CLERK.OF THE CITY OF CUPERTINO CITY.CLERK ( J 4� EXHIBIT :PSA -1 LEGAL DESCRIPTION FOR: STREET VACATION EXHIBIT PSA -1 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 righx�-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 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 046100" 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 21'2' ' 1.6" 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 41'28'12" 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 r,-idius 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 89 °59'38 for an arc distance of 14.92 feet; I :IPROJECTSL411020- 21DOCSISURVEY DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIONILegal 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 61'24'38" 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 arc 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 of34 °14' 12" for an arc 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 40 053'40" West; 4.00 feet to a point on the southerly right -of =way line of said Ptuneridge 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 89025119" 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 25'1.0'09" for an arc distance of 2'43.36 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 ±,Acres. As shown on EXHIBIT PSA -1 attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. r kAmfr) SUS VA. ,g4q�9 a�P Date /� / ° / �• 4..s o 1. Ryan M. Amaya LS 8134 �*� ) * �� 'do, 813 \OF CM2 I:IPROJECTSIA 11020- 2lDOCS1SURVEY DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIONILegal Description.docx Q LU m ?''s W ;J ~! Lu V) YI L7 C5 1 Q I 0 ' W J' Q I AND S� o M qrF OF °oipp S 89 °33'31" EjR)� C0I4 (R =50.00') \ 64u(I cn 25 °'w00$ L3 G S' m7 1 L2. ZV 11 L14-\ ° 0VR °mp p9" I L13 wl `1 �l BEGINNING LINE BEARING DISTANCE °880:11 �Io ZS \,� �Ip Nlli wI wl lln Iu co Olpp Nlpp �IIY Tnluj `hilr' MIS 00' \ \\ �i Oi D=2�04ti 45„ 40.04' L5 S 00 °35'45" W 12.54' L8 L4 AVENUE \ S 67 °24'38" E 12.97' L10 S 49 °06'20" E 105.52' L12 25627PORTION tBE 4.00' OF N 89 °25'19" E 211.91' PRUNERIDGAVENUE N 89 °25'11" E 110.81' TO N 00 °26'29" E 96.91' VACATED 9.50' 89 °59'38" 4.534 + ACRES C5 0 In 21 °59'15" 33.58' i N 62.50' 15 °55'54" C5 1 Q I 0 ' W J' Q I AND S� o M qrF OF °oipp S 89 °33'31" EjR)� C0I4 (R =50.00') \ 64u(I cn 25 °'w00$ L3 G S' m7 1 L2. ZV 11 L14-\ ° 0VR °mp p9" I L13 �\2 0=2�43.36� =2 `1 �l BEGINNING LINE BEARING DISTANCE °880:11 \ \� ZS \,� N 00 °26'29" E rm m�n■mmm m� 521 °23'16" EAR) =555.00';1 114.23' (R S 00 °12'57" W 1 R F,5 �:° °a' L5 S 89 °25'19" W 211.89' 20 0 4� 4508, m m worms m s m m m SCALE: E 1 "= �'3 672 S �-36S 1,)- (R4645. ^J 5) E(R) h� 31's-( 49) .. 0� EXHIBIT PSA -1 POINT OF BEGINNING I TRUE POINT OF LINE TABLE: BEGINNING 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 89 °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 °53'40" 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' 0� EXHIBIT PSA -1 POINT OF BEGINNING I TRUE POINT OF B6, BEGINNING I-- Q , O•� ° W s3 7 6:9372..) ® {- Q 'Z' I I I R, " m CURVE TABLE: W CURVE RADIUS DELTA LENGTH Cl 50.00' 88 °58'42" 77.65' C2 554.00' 04 °20'22" 41.96' C3 60.00' 12 °59'48" 13.61' C4 9.50' 89 °59'38" 14.92' C5 87.50' 21 °59'15" 33.58' C6 62.50' 15 °55'54" 17.38' C7 173.50' 22 °5510" 69.40' C8 35.50' 202 °55'10" 125.73' ' C9 50.00' 91 °01'18" 79.43' PORTION OF PRUNERIDGE AVENUE TO BE VACATED 4.534 ± ACRES DATE OCT. 2013 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: STREET VACATION SCALE 1" = 200' CUPERTINO CALIFORNIA DR. BY SB k KIER & WRIGHT JOB Al 1020-2 EXHIBIT PSA -1 w CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 :Scott Boulevard,. Bullding 22 (408) 727 6665 USEksb.b. t\PROI'CIS\ AIID 2D- 2\DNO \UWY\PtAIS\PRUttRIDGE VACATION \STREET VACA➢CN \C- PLAT.d.q OCTOBER 14 20 3 6:54 AU Santa Clara, California 95054 fax (408) 727 5641 OF B6, 4114r2 1 00, , O•� ° W s3 7 6:9372..) ® {- Q R, " m '17-160 W W t: Ln DATE OCT. 2013 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: STREET VACATION SCALE 1" = 200' CUPERTINO CALIFORNIA DR. BY SB k KIER & WRIGHT JOB Al 1020-2 EXHIBIT PSA -1 w CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 :Scott Boulevard,. Bullding 22 (408) 727 6665 USEksb.b. t\PROI'CIS\ AIID 2D- 2\DNO \UWY\PtAIS\PRUttRIDGE VACATION \STREET VACA➢CN \C- PLAT.d.q OCTOBER 14 20 3 6:54 AU Santa Clara, California 95054 fax (408) 727 5641 OF EXHIBIT PSA -2a EXHIBIT :PSA -2a LEGAL. DES0:2IPTION 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 °25'1.1" 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 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 046100" 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 21'2'3'16" 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 anon- tangent curve to the right'having a radius of 555.00 feet, and to which point a radial line bears South 00 035'03" East, through a central angle of 41'28'12" for an arc distance of 401.70 feet; 9. North 49 006'20" 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'l 7'19" for an arc distance of 453.54 feet; 11. North 89 023153" 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 89 °59'38" for an arc distance of 14.92 feet; I: IPROJECTSIA11020- 21DOCSISURVEYDOCSILEGAL DESCRIPTIGNSIPRUNERIDGE VA CA TIONILegal Description. docx October 14, 2013 Job No. A] 1020-2 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 arc distance of 17318 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'l 4'12" 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 are 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 40 053'40" Wesf;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 035128" 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 °1;0'09" 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 f Acres. As shown on EXHIBIT PSA-2a attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. y�, ���� 1•tl Aqq������ Date ® " /� °�� � A4. .0 1 -) * Ryan M. Amaya LS 8134 8I'S `y�Q. NPROJECTS011020- 200CSISURVE.Y DOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIOMLegal Description.docx EXHIBIT PSA -2a ........ . ;.35 ^ .. 49 wl wl -- - - - z • ` oo °oio° _S 89 °33'31'_E�R) w Nlui Div (R= 50.00') 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 15th day of October, 2013, at Cupertino, California. Kirsten.Squa-rcia- Deputy City,C %erk