RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE SUMMARILY VACATING A SLOPE
EASEMENT LOCATED AT 1100 N. MATHILDA AVENUE
WHEREAS, Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a slope easement if it finds that the slope easement has been impassable for vehicular traffic for a p eriod of five consecutive year s and no public money was expended for maintenance on the slope easement; and WHEREAS, the C ity Council intends to summarily vacate a Slope Easement (“Easement”), as more fully described in Exhib it A and as shown in Document Numb er 2720717, Book 6695 at Page 430, Official Records with the Santa Clara County Recorder’s Office, attached hereto as Exhibit B; and
WHEREAS, the Easement was dedicated to the City for public use, and the City no longer has a public use for the Easement; and
WHEREAS, on August 24, 20 21, the Zoning Administrator conditionally approved a special dev elopment permit (2020-7592) for the construction of a Sheraton Hotel as a modification to a previously ap proved special development permit (2017-7945). It consists o f 243 rooms (142 new rooms, 61 demolished rooms, 112 renovated rooms), including three new buildings (Event Barn, En try Pavilion, and a six-story tower buildin g), with 8,241 square f eet of meeting space, 6,6 15 square feet of f ood an d b everage space, and 204 surface parking spaces (the “Project”). Since the Project no longer has use for the existin g Easement, the Project requires the abandonment of the Easement.
NOW, THEREFORE, BE IT RESOLVE D B Y THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. The City of Sunnyvale finds and determines that:
a) The Easement has been impassable for vehicular traffic for a period of five consecutive years; and
b) No public money was expended for maintenance on the slope easement; and
c) The Easement is not needed for present or prospective easement purposes; and
d) The public convenience and necessity does not require reservation of any portion of the Easement described in Exhibit A and Exhibit B.
DRAFT 08/01/2022 ____________
Attachment 3
2. Based upon the findings mad e in Section 1 of this Reso lution and the provisions of Section 8333 of th e Streets and Highways C ode, the City Council does hereby order that the Easement shall be and hereby is summarily vacated.
3. The City Council hereby authorizes and directs the City Clerk to record a certified copy of the resolution, attested by th e City Clerk under seal, with the Santa Clara County Recorder’s Office.
4. The Easement described in Exhibit A will no lo nger constitute a Slope Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution.
Adopted by the City Council at a regular meeting held on August 30, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
__________________________________ _________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
___________________________________
Susan Yoon
Assistant City Attorney
Attachment 3
EXHIBIT A
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
January 21, 2022
BKF Job No: 20180905
LEGAL DESC
RIPTION
EXHIBIT A: QUIT CLAIM 15’ SLOPE EASEMENT
Real prop e
rty situate in the City of Sunnyvale, County of Santa Clara, State of California, described as follows:
Being a portion of Parcel 1 as shown on that certain Parcel Map filed for record on April 24, 1996 in Book 675 of Maps, Pages 50 and 51, in Santa Clara County, more particularly described as follows:
COMMENCING at a Santa Clara County monument set in the centerline of Bordeaux Drive near the intersection of Bordeaux Drive and Moffett Park Drive as shown on said Parcel Map; Thence South 81°56’03” West, 78.54 feet to a point on the southerly line of said Parcel 1, said point also being the TRUE POINT OF BEGINNING;
Thence along said southerly line the following seven (7) courses:
1) South 81°56'03" West, 96.14 feet to the beginning of a curve to the right, having a radius of 560.00 feet;
2) Westerly along said curve, through a central angle of 17°49'43", an arc length of 174.25 feet;
3) North 80°14'14" West, 243.73 feet to the beginning of a curve to the left, having a radius of 640.00 feet;
4) Westerly along said curve, through a central angle of 4°56'49", an arc length of 55.26 feet to the beginning of a reverse curve, having a radius of 50.00 feet, from said point a radial line bears North 4°48'57" East;
5) Northwesterly along said curve, through a central angle of 97°18'26", an arc length of
84.92 feet;
6) North 12°07'23" East, 42.44 feet along the westerly line of said Parcel 1; 7) North 29°00'00" East, 51.67 feet;
Thence leaving westerly line along the following seven (7) courses:
1) South 12°07'23" West, 91.88 feet to the beginning of a curve to the left, having a radius of 35.00 feet;
2) Southeasterly along said curve, through a central angle of 97°18'26", an arc length of
59.44 feet to the beginning of a reverse curve, having a radius of 655.00 feet, from said point a radial line bears South 4°48'57" West;
3) Easterly along said curve, through a central angle of 4°56'49", an arc length of 56.55 feet; 4) South 80°14'14" East, 243.73 feet to the beginning of a curve to the left, having a radius of 545.00 feet;
5) Easterly along said curve, through a central angle of 17°49'43", an arc length of 169.59 feet;
6) North 81°56'03" East, 131.85 feet to the beginning of a non-tangent curve, concave Northwest, having a radius of 50.00 feet, from said point a radial line bears North 53°38'20" West;
EXHIBIT B
Attachment 3
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
January 21, 2022
BKF Job No: 20180905
7) Southwesterly along said curve, through a central angle of 45°34'23", an arc length of
39.77 feet to the TRUE POINT OF BEGINNING.
Containing an area of 10,975 square feet more or less.
As shown on plat attached hereto and by this reference made part hereof as Exhibit "B".
For: BKF Engineers
_________________________
Davis Thresh, P.L.S. No. 6868
1/21/2022
Dated
Attachment 3
Attachment 3