File #: 17-0298    Version: 1 Name:
Type: Consent Calendar Item Status: Agenda Ready
File created: 4/28/2017 In control: Board of Directors
On agenda: 11/28/2017 Final action:
Title: Resolution Authorizing the Conveyance of Interests in Real Property to Civic South Bay LLC for the Evergreen Circle Project, Project No.62011002 on Lower Silver Creek (San Jose), (District 1).
Attachments: 1. Attachment 1: Site Map, 2. Attachment 2: Resolution, 3. Attachment 3: Hazardous Substance Liability Assessment, 4. Attachment 4: Waiver Memo, 5. Attachment 5: CEQA Findings, 6. Attachment 6: CEQA Resolution, 7. Attachment 7: Draft Environmental Impact Report, 8. Attachment 8: Agreement, 9. Attachment 9: Quitclaim Deed #4026-92.1, 10. Attachment 10: Quitclaim Deed #4026-93.1
BOARD AGENDA MEMORANDUM


SUBJECT:
Title
Resolution Authorizing the Conveyance of Interests in Real Property to Civic South Bay LLC for the Evergreen Circle Project, Project No.62011002 on Lower Silver Creek (San Jose), (District 1).


End
RECOMMENDATION:
Recommendation
A. Consider the Environmental Impact Report, Supplemental Environmental Impact Report, and Addendum for the Evergreen-East Hills Vision Strategy prepared by the City of San Jose as the Lead Agency;
B. Adopt a Resolution MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR APPROVAL OF OF REAL PROPERTY CONVEYANCE ALONG SILVER CREEK;
C. Adopt a Resolution APPROVING THE RECONVEYANCE OF REAL PROPERTY TO CIVIC SOUTH BAY LLC, A SUCCESSOR IN INTEREST TO THE FORMER OWNER; and
D. Approve and Authorize the Chief Executive Officer (CEO) to Execute the Agreement for Sale of Real Property to Civic South Bay LLC and Quitclaim Deeds Real Estate File No. 4026-92.1 and 4026-93.1.


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SUMMARY:
Civic South Bay LLC (Civic) is proposing to develop 250 residential dwelling units, 315,000 square feet of retail, a public softball complex, and related infrastructure (public and private streets and related utilities) within the 80 acres of vacant parcels (APN 670-29-022, 023, & 024, formerly 670-29-002, 017, 020, & 071) in the City of San Jose.

In 1979, Eli Reinhard and Ben Har Company dedicated to the Santa Clara Valley Water District (District) fee title property and two easements to operate and maintain 2,730 feet of Lower Silver Creek (LSC) contained in a 72-inch diameter cast-in-place pipe (CIPP) located within the proposed development. With the development of the parcels, 1,060 feet of LSC will be removed and 1,170 feet of LSC will be realigned and constructed in a new 72-inch diameter reinforced concrete pipe (RCP) outside the District's easement and within a public street. Realignment of the CIPP conveying LSC is necessary for the developer because in its current lo...

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