10 Vacation Vallco Air Rights
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City Hall
t 0300 Torre Avenue
Cupertino, CA 950t4-3255
(408) 777-3354
FAX (408) 777-3333
F
CUPEIQ1NO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
10
AGENDA DATE March 7. 2006
SUBJECT AND ISSUE
SUBJECT AND ISSUE
Adopt Resolution No. 06- 051 : Ordering Vacation of an Air Rights Easement Within the City of
Cupertino Pursuant to Section 8320 et seq. of the Streets and Highways Code of the State of
California, Valleo Park Adjacent to Interstate 280 and Wolfe Road.
BACKGROUND
Currently, the owners of the Valleo Park are in the midst of pursuing a master plan to redevelop and
reinvigorate the shopping center. Among the applications the owners have submitted in this pursuit are
one for a hotel (Application No.TM-2005-09) and another for a residential condominium (Application
Nos. U-2005-16 and ASA-2005-11). As shown on the attached maps, these applications apply to lots
at the northern end of the shopping center on either side of Wolfe Road adjacent to Interstate 280 and
the Interstate 280 southbound ramps.
The subject lots are currently encumbered with air rights easements granted to the City by Valleo in
1974. The easements were granted to the City for automobile parking structures and a statio~ serving
the public rapid transit facility contemplated (in 1974) to be constructed contiguous to Interst;rte 280.
Since these easements conflict with the proposed hotel and condominium uses, the owners of Valleo
have asked that the City determine the appropriate disposition of the easements, so that they may
proceed with the aforementioned applications.
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The Santa Clara Valley Transportation Authority (VTA) has informed Staff that there are no longer
plans for a transit station, nor, consequently, for the associated parking, contiguous to Interstate 280.
The Planning Department has indicated that the Valleo project's existing development conditions do
not contain a provision that Valleo provide the transit station and associated parking.
On January 3, 2006, Council adopted Resolution No. 06-007, Intention to Order Vacation of an Air
Rights Easement for Transit Parking and Station Facilities Within the City of Cupertino Pursuant to
Section 8320 et seq. of the Streets and Highways Code of the State of California, Fixing the 7th of
February 2006 In the Cupertino Community Hall As the Time and Place for Public Hearing and
Providing for Notice Thereof. Because of the lengths of the February 7 and 27 Council agendas,
hearing of the resolution ordering vacation was delayed to tonight's agenda.
Printed on Recycled Paper
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FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 06- 05/ : Ordering Vacation of an
Air Rights Easement Within the City of Cupertino Pursuant to Section 8320 et seq. of the Streets and
Highways Code of the State of California, Valko Park Adjacent to Interstate 280 and Wolfe Road.
Submitted by:
Approved for submission:
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Director of Public Works
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David Knapp
City Manager
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RESOLUTION NO. 06-051
DRAFT
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;
V ALLCO 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, fÌ"om 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:
I. 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 7th day of March 2006, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN :
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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