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T-36596 / 20230912_0801res 1
Council Agenda: 9/12/2023
Item No.: 8.1
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO NEGOTIATE AND EXECUTE A
PURCHASE AND SALE AGREEMENT BETWEEN THE
CITY OF SAN JOS E AND SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY FOR THE FEE SIMPLE
ACQUISITION OF THE PROPERT IES KNOWN AS
ASSESSOR’S PARCEL NUMBERS 467 -36-095, 467- 36-
094, 472-05-069, 467-35-108, 467-35-109, 467-35-089, 467- 33-075, 467-33-092, 467-33-087, 467-33-091, AND 249-65- 077 (PROPERTY), AND ACQUISITION OF A RECREATION
TRAIL EASEMENT ON ASSESSOR’S PARCEL NUMBERS
467-07-052, 467-07-070, 467-09-077, AND 467-09-07, FOR
THE AMOUNT OF $0, PLUS ANY CLOSING COSTS FOR
THE FIVE WOUNDS TRAIL PROJECT
WHEREAS, the City of San José desires to acquire certain real property and/or recreation trail easements from the Santa Clara Valley Transportation Authority (VTA) for uses related to the Five Wounds Trail alignment between Alum Rock Avenue/East Santa Clara Street and East Julian Street; and
WHEREAS, the City will acquire land identified as Assessor’s Parcel Numbers (APN) 467-36-095, 467-36-094, 472-05-069, 467-35-108, 467-35-109, 467-35-089, 467-33- 075, 467-33-092, 467-33-087, 467-33-091, and 249-65-077 at no cost from VTA other than associated closing costs; and
WHEREAS, VTA has agreed to grant a recreation trail easement on Assessor’s Parcel Numbers (APN) 467-07-052, 467-07-070, 467-09-077, and 467-09-07, for the amount of $0, plus any closing costs; and
WHEREAS, the trail alignment appears in the City’s General Plan 2040 with portions designated as “Transportation and Utilities” and “Open Space, Parklands, and Habitat” NVF:CHD:DDH
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Council Agenda: 9/12/2023
Item No.: 8.1
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
and the alignment is an identified trail system for future development by the Department of Parks, Recreation, and Neighborhood Services; and
WHEREAS, the completed trail project would deliver approximately 2.17 miles of paved multimodal trail from Story Road to Lower Silver Creek, providing a regional connection between Coyote Creek Trail and the future Little Portugal Bay Area Rapid Transit (BART) Station and Transit Village; and
WHEREAS, the identified alignment for the Five Wounds Trail is a former single-track railway spur, which is no longer in use, from East William Street to Lower Silver Creek near Wooster Avenue and was acquired by VTA in conjunction with the BART development; and
WHEREAS, the City will acquire the parcels in phases, when they are no longer required for BART construction; and
WHEREAS, prior to the transfer of any parcels to the City, the VTA will remove from title any railroad easements or rights-of-way, utility easements, leases, or encroachments; and
WHEREAS, the Santa Clara Valley Open Space Authority and the Santa Clara County Parks both intend to contribute $500,000 each to the Project, for a total of $1,000,000 in exchange for a conservation easement, subject to the terms and conditions to be negotiated and subject to approval by their respective governing boards and the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
NVF:CHD:DDH
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Council Agenda: 9/12/2023
Item No.: 8.1
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
A. The City Council authorizes the City Manager, or designee, to negotiate and execute a Purchase and Sale Agreement between the City of San José and Santa Clara Valley Transportation Authority (VTA) for the fee simple acquisition of the properties identified as Assessor’s Parcel Numbers (APN) 467-36-095, 467-36-094, 472-05-069, 467-35-108, 467-35-109, 467-35-089, 467-33-075, 467-33-092, 467-33-087, 467-33-091, and 249-65-077, and acquisition of a recreation trail easement on Assessor’s Parcel Numbers (APN) 467-07-052, 467- 07-070, 467-09-077, and 467-09-07 at no cost to the City other than associated closing costs; and
B. The City Council authorizes the City Manager, or designee, to execute all other documents necessary to effectuate the transfer of property to the City.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk