CC Resolution No. 20-004 Vacating a Portion of an Emergency Access Easement Located on 23500 Cristo Rey Drive as Provided in Section 8320 Et Seq. of the Streets and Highways Code of the State of RESOLUTION NO. 20-004
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
VACATING A PORTION OF AN EMERGENCY ACCESS EASEMENT
LOCATED ON 23500 CRISTO REY DRIVE AS PROVIDED IN SECTION 8320
i
ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA 1'
i
WHEREAS, a portion of an emergency access easement (hereinafter the
"Easement") located on 23500 Cristo Rey Drive, more particularly described and
attached herewith as Exhibit"A", is to be vacated; and
WHEREAS, that certain plat entitled "Plat to Accompany Vacation
Description", attached herewith as Exhibit"B", shows the Easement to be vacated;
and
WHEREAS, the City Council did, on the 17f day of December, 2019, adopt
Resolution No. 19-143 of intention to vacate the Easement, and the City Clerk has
published notice and posted signs declaring said intention, and the date,time, and
place of a public hearing to consider said intention, pursuant to the provisions of
Section 8320 et seq. of the Streets and Highways Code of the State of California;
and
WHEREAS, a new emergency access easement is to be dedicated
superseding the existing Easement; and
WHEREAS, pursuant to Section 8324 of the Streets and Highways Code of
the State of California,the City Council finds, from all the evidence submitted, that
the Easement in the notice of hearing is unnecessary for present or prospective
purposes after conditions have been satisfied; and l
WHEREAS, it is deemed to be in the public interests that the City Council
elects to proceed to order said vacation; and
WHEREAS, on April 17, 2018 the City Council certified an Environmental
Impact Report (hereinafter the "EIR") for Development Permit DP-2017-01, to
allow construction of the Forum Project; and
WHEREAS, the vacation of the Easement will facilitate construction of the
Forum Project and constitutes a minor modification to the Project, and based on
i
I
Resolution No. 20-004
Page 2
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 f
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 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 that the City Council does hereby
authorize the City Clerk, upon notification from the Director of Public Works that
the Applicant has met all precedent conditions, to record the executed original
Resolution in the Office of the Recorder of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21s' day of January, 2020, by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks
NOES: None
ABSENT: Willey
ABSTAIN: None
SIGNED:
Z�Ld Lo'
Steven Scharf, Mayor Dat l
City of Cupertino
ATTEST:
Kirsten Squarcia, CitRlerk Date
November 19,2019
BKF Job No.: 20165092-50
■ EXHIBIT 0°A"
EASEMENT DESCRIPTION FOR:
BKF
PORTION OF EMERGENCY ACCESS EASEMENT
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 2 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:
BEGINNING at the northwesterly terminus of that certain course described as "(51)
South 33130'00" East 36.74 feet"; THENCE proceeding along the following nineteen
(19) numbered courses: (1) South 33°30'00" East 36.74 feet; (2) southeasterly along a
tangent curve to the left, whose radius point bears North 56°30'00" East for 154.03 feet,
an arc length of 92.75 feet and through a central angle of 34130'00", to a point of tangent
line; (3) South 68°00'00" East 25.00 feet, to a point hereby designated point 'T"; (4)
southeasterly along a tangent curve to the right,whose radius point bears South 22100'00"
West for 137.00 feet, an are length of 117.16 feet and through a central angle of
49°00'00", to a point of tangent line; (5) South 19°00'00" East 52.15 feet; (6)
southeasterly along a tangent curve to the left, whose radius point bears North 71°00'00"
East for 100.50 feet, an arc length of 66.65 feet and through a central angle of 38°00'00",
to a point of compound curvature; (7) easterly along a curve to the left, whose radius
point bears North 33°00'00"East for 30.51 feet, an are length of 17.57 feet and through a
central angle of 33°00'00", to a point of non-tangent line; (8) South 24.00 feet,to a point
of non-tangent curvature; (9)westerly along a curve to the right,whose radius point bears
North for 54.51 feet, an arc length of 31.40 feet and through a central angle of 33°00'00",
to a point of compound curvature; (10) northwesterly along a curve to the right, whose
radius point bears North 33°00'00" East for 124.50 feet, an arc length of 82.57 feet and
through a central angle of 38°00'00", to a point of tangent line; (11) North 19000'00"
West 18.35 feet; (12) northwesterly along a tangent curve to the left, whose radius point
bears South 71°00'00" West for 5.00 feet, an arc length of 6.20 feet and through a central
angle of 71100'00", to a point of tangent line; (13) West 80.74 feet; (14)North 45100100"
West 47.64 feet; (15) North 79.18 feet; (16) northwesterly along a tangent curve to the
left, whose radius point bears West for 5.00 feet, an are length of 5.22 feet and through a
central angle of 59°46'10", to a point of reverse curvature; (17) northwesterly along a
curve to the right, whose radius point bears North 30°13'50" East for 178.03 feet, an arc
length of 81.62 feet and through a central angle of 26°16'10", to a point of tangent line;
(18) North 33°30'00" West 36.74 feet; (19) leaving the last course North 56°30'00" East
24.00 feet,to the POINT OF BEGINNING.
Page 1 of 2
November 19,2019
BKF Job No.:20165092-50
Containing a gross area of 18,941 square feet,more or less.
EXCEPTING THEREFROM all of Parcel 2A 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.
Containing an area of 4,410 square feet,more or less.
The net area of Emergency Access Easement less the exception being 14,531 square feet,
more or less.
A plat showing the above described easements is attached hereto and made a part hereof
as Exhibit"B".
This descri tion was prepared from record information for BKF Engineers.
By: --, LAND S(i
Davis Thresh,P.L.S No. 6868
t' " �O 1 V DAVIS 0
Dated:
-� THRESH
No.6868
Q-
lP;A OPT\
F(0)F CAL\�
K:\2016\165092_Forum_Cupertino\DOCS\03-Survey\1-Plats_and_Legal_Desc\FO-QC-P2-EAE-DESC.doc
Page 2 of 2
THE FORUM AT \
� PARCEL 2 — EAE
ARC
O.R. 2014 RANCHO SAKI ANTONIO
\�\ 1<282 O.R. 1 390
POB
MEMORANDUM OF LEASE
/ \ PARCEL 011E
I Sa320'1 3 O.R. LINE TABLE:
00, /\ Lt S 33030'00" E
\ / \ 0 36.74'
\ \�R = 154.03'
L = 92.75' L2 SOUTH (R)
\, 24.00'
A= 26°16'10' S 68°00'00" E
R = 178.03' \ 25.00' L3 N 19°00'00" W
L = 81.62' 18.35'
POINT 'F'
C3 / L4 N 56°30'00" E
24.00'
Co
./L = 117.16' CURVE TABLE:
PORTION OF
PARCEL 2 — EAE \/ \ Cl 0= 33°00'00"
/ I /
L364 O.R. 2014 = 30.51'
m \ / \ R _
TO BE VACATED z I \ \ L 17.57'
18,941 SFf GROSS l \ C2 0= 71°00'00"
14,531 SFf NET l \ N R = 5.00' V
\ L = 6.20'
41
\ /
rrSp�'6\'\ / `N$, C3 0= 59'46'10" I
R = 5.
000. \ 11_l_l_l_l Os 2'
� WEST 80.74'C2 PARCEL 2A ,
EXCEPTION TO EAE �\ o= 38°00'00"
L364 O.R. 2014 \ R = 100.50'
4,410 SFf VIA ESPLENDOR \ \\L = 66.65'
PRIVATE STREET \ \
LEGEND: A= 38°001001, / �c1
R = 124.50' \/ ——————
EAE EMERGENCY ACCESS EASEMENT L = 82.57'
O.R. OFFICIAL RECORDS k
POB POINT OF BEGINNING ND
SF SQUARE FEET ,. Sw 0= 33°00'00'
R = 54.51' pF
GRAPHIC SCALE c) _A--IS L = 31.40' I r W I
N* +� No.s868 PARCEL 4 — EAE
50 0 50 100
� I� ?� L364 O.R. 2014 I 0
CITY OF CUPERTINO 9T��FC FO ! j
SANTA CLARA COUNTY EXHIBIT "B" I 0 I
1646 NORTH CALIFORNIA BLVD. Subject PLAT TO ACCOMPANY
'1 SUITE 400 VACATION DESCRIPTION
j 1 1 WALNUT CREEK, CA 94596 Job No. 20165092-50
BRF 6 1I 925-940-2200 By MLH Date 11 19 19 kd.RGM
ENGINEERS I SURVEYORS IPLANNEU Ch
S 925-940-2299 (FAX) SHEET 1 Ch 1
FO-QC-P2A-EAE-MCI<.prn
FORUM, CUPERTINO
Project: 20165092-11 Tue November 19 12:37:13 2019
Parcel Map Check
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Parcel name: PARCEL 2A EXCEPTION TO EMERGENCY ACCESS EASEMENT PER PARCEL 2
PER L364 O.R. 2014 TO BE VACATED
North: 71715.6599 East : 19004.1327
Curve Length: 85.81 Radius: 113.00
Delta: 43-30-35 Tangent: 45.09
Chord: 83.76 Course: S 46-14-42 E
course in: S 22-00-00 W Course out: N 65-30-35 E
RP North: 71610.8881 East 18961.8022
End North: 71657.7310 East 19064.6358
Curve Length: 19.98 Radius: 10.00
Delta: 114-29-25 Tangent: 15.54
chord: 16.82 Course: S 32-45-18 W
course In: S 65-30-35 w course out: S 00-00-00 w
RP North: 71653.5856 East ; 19055.5355
End North: 71643.5856 East 19055.5355
Line Course: N 90-00-00 W Length: 51.33
North: 71643.5856 East 19004.2055
Curve Length: 1.12 Radius: 1.42
Delta: 45-00-00 Tangent: 0.59
Chord: 1.09 Course: N 67-30-00 w
Course In: N 00-00-00 E Course out: S 45-00-00 w
RP North: 71645.0056 East 19004.2055
End North: 71644.0015 East 19003.2014
Line Course: N 45-00-00 W Length: 28.59
North: 71664.2177 East 18982.9852
Line Course: N 00-00-00 E Length: 46.37
North: 71710.5877 East 18982.9852
Curve Length: 17.94 Radius: 9.18
Delta: 112-00-00 Tangent: 13.61
chord: 15.22 Course: N 56-00-00 E
Course In: S 90-00-00 E Course out: N 22-00-00 E
RP North: 71710.5877 East 18992.1652
End North: 71719.0992 East 18995.6041
Line Course: S 68-00-00 E Length: 9.19
North: 71715.6566 East 19004.1249
Line course: N 32-57-15 E Length: 0.01
North: 71715.6650 East 19004.1303
Perimeter: 260.34 Area: 4,410 Sq Ft 0.101 Ac.
Mapcheck Closure - (Uses listed courses, radii , and deltas)
Error Closure: 0.0057 Course: N 25-14-56 w
Error North: 0.00512 East : -0.00241
Precision 1: 45,673.68
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