BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Adopt a Resolution Authorizing Exchange of Real Property Rights with Apple Inc. at APN 316-06-064, Real Estate File Nos. 2010-209.1 and 2010-226 (Cupertino, District 5).
End
RECOMMENDATION:
Recommendation
Adopt the Resolution AUTHORIZING EXCHANGE OF REAL PROPERTY RIGHTS WITH APPLE INC., adjacent to Calabazas Creek, APN 316-06-064, Real Estate File Nos. 2010-209.1 and 2010-226, which does the following:
A. Authorize the Chief Executive Officer to accept the Easement Deed from Apple Inc., Valley Water Real Estate File No. 2010-226; and
B. Authorize the Chief Executive Officer to execute the Quitclaim Deed to Apple Inc., Valley Water Real Estate File No. 2010-209.1
Body
SUMMARY:
Apple Inc. is the owner of real property located at One Apple Park Way, APN 316-06-064 in the City of Cupertino, adjacent to Calabazas Creek (Attachment 1). Valley Water currently possesses an ingress/egress easement to access Calabazas Creek on, upon, over, and across APN 316-06-064. The existing Valley Water easement includes language that Valley Water agrees to accept a substitute but equivalent access, if necessary, to accommodate additional development of APN 316-06-064 by Grantor.
Redevelopment of APN 316-06-064 by Apple Inc. requires the existing Valley Water easement to be relocated. Apple Inc. has requested Valley Water accept a substitute ingress/egress easement (Attachment 2) and quit claim the existing ingress/egress easement (Attachment 3) per the terms of the existing Valley Water easement deed. The proposed substitute easement provides functionally equivalent access to Calabazas Creek in approximately the same location as the existing easement.
Section 31 of the District Act states, in part, “The board may by a majority vote exchange real property of equal value with any person, firm, or corporation for the purpose of removing defects in the title to real property owned by the district or where the real property to be exchanged is not required for district use and the property to be acquired is required for district use.” This proposed exchange of real property meets this criterion because it fulfills the terms of the existing Valley Water easement deed to accept a substitute but equivalent access when needed to accommodate development of the property. Staff finds that the proposed ingress/egress easement is functionally equivalent to the existing ingress/egress easement.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
This item is not subject to an environmental justice analysis because the action is not intended for or near an environmental justice community.
FINANCIAL IMPACT:
This real property transaction is an exchange of land of approximately the same size (new Valley Water easement will be slightly larger than the existing easement) and in approximately the same location with no monetary consideration for either party.
CEQA:
This exchange of real property rights between the parties is exempt from the requirements of CEQA under CEQA Guidelines Section 15305, Minor Alterations of Land Use Limitations, which exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density.
ATTACHMENTS:
Attachment A: Gov. Code 84308
Attachment 1: Location Map
Attachment 2: Easement Deed
Attachment 3: Quitclaim Deed
Attachment 4: Resolution
UNCLASSIFIED MANAGER:
Manager
Lisa Bankosh, 408-630-2618