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1990-019-Approving Right Of Way Agreement Between The Town And Richard D. And Kathryn A. Groen And Authorizing Town Manager To Execute Said AgreementRESOLUTION 1990 - 19 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND RICHARD D. AND KATHRYN A. GROEN AND AUTHORIZING TOWN MANAGER TO EXECUTE SAID AGREEMENT WHEREAS: The Town of Los Gatos desires to acquire certain real property for the purpose of a public improvement described as the Town of Los Gatos Downtown Parking Assessment District Parking Structure; and WHEREAS: Richard D. and Kathryn A. Gruen has executed a Right of Way Agreement between the Town of Los Gatos and herself to convey certain real property to the Town. BE IT RESOLVED: By the Town Council of the Town of Los Gatos that the Right of Way Agreement between the Town and Richard D. and Kathryn A. Groen, a copy of which is attached hereto as Exhibit A, is hereby approved and the Town Manager is hereby authorized to execute said document on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of January, 1990 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D. Carlson Brent N. Ventura NAYES: None ABSENT: None ABSTAIN: Robert L. Hamilton, Mayor Thomas J. Ferrito SIGNED: MAYOR OF TH OWN OF LOS GATOS LOS GATOS, C IFORNIA ATTEST: CLERK OF THE TOWN OF LOS ATOS LOS GATOS, CALIFORNIA 0a Project: Parking Lot N0.4 Grantor: Groen TOWN OF LOS GATOS RIGHT OF WAY AGREEMENT This is an agreement between the Town of Los Gatos, hereinafter referred to as "Town" and RICHARD D. GROEN and KATHRYN A GROEN hereinafter referred to as "Grantor" (whether singular or plural). It is agreed between the parties hereto as follows: 1. WHOLE AGREEMENT. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for the property or interest described in said document (hereinafter called "the property ") and shall constitute entire payment for all claims including interest and damages including severance. 2. DELIVERY OF DOCUMENT. A Grant Deed covering the property particularly described therein has been executed and delivered by Grantor to DONALD A. LAWRIE Real Estate Agent for Town for the purpose of conveying to Town the property described. 3. PURCHASE PRICE AND TITLE. Town shall pay Grantor the sum of $1,000.00 for the property conveyed by the above document when title thereto vests in Town free and clear of all liens, encumbrances, taxes, assessments and leases (recorded and /or unrecorded), except: (A) covenants, conditions, restrictions and reservations of record, if any; (B) easements or rights of way upon said land for public quasi- public, utility or public street purposes, if any. Town shall also pay all costs of escrow and recording fees incurred in this transaction including documentary stamp tax, if required by law, and title insurance policy expenses. The escrow and recording costs shall not, however, include reconveyance fees, trustee's fees, forwarding fees or penalty for any full reconveyance of Deed of Trust or full release of mortgage paid. 4. PRORATION OF TAXES. In the event Town acquires fee title to the property under the terms of this agreement, taxes shall be prorated in accordance with the California Revenue and Taxation Code Section 4986 as of the date of recordation of the Deed conveying title to the Town, except that where Town has taken possession pursuant to an order for possession or right of entry, taxes shall be prorated as of the date of possession. Further, Grantor authorizes Town to deduct and pay from the amount shown in Paragraph 3, above, any amount necessary to satisfy any delinquent taxes due, together with penalties and interest thereon, and any delinquent or non - delinquent assessments or bonds, which are to be cleared from the title to the property. 5. PAYMENT OF MORTGAGE OR DEED OF TRUST. Any and all moneys due under this agreement shall, upon demand, be made payable to the beneficiary or mortgagee entitled thereto under any trust deed or mortgage upon the property up to and including the total amount of any unpaid indebtedness secured by such trust deed or mortgage. 6. LEASE WARRANTY. p J Granter or anY and Gran for any of any t a period warrants that t e are no oral o written lea `s on all ortion of the pro ty exceeding a riod of on month, t further agrees to d Town harmless d reimbur Town and 11 losses and ex s occasioned to own by r on enanc of the property hel by any tenant of Grantor r exceeds one month. 2 7. DISMISSAL OF ACTION IN EMINENT DOMAIN. Grantor consents to the dismissal as to the property of any eminent domain action by Town wherein the property is included and also waives any and all claims to any money that may now be on deposit in that action. This agreement is full consideration for all claims of damage that may have arisen by reason of any such eminent domain action an /or the public project for which this property is acquired. 8. POSSESSION. Notwithstanding any other provision of this agreement, the right of possession and use of the property by Town, including the right N to remove and dispose of improvements, commences or commenced /�J i I`r and the amount shown in 1. 'Paragraph' °'3 he eof includes, but is not limited to, full payment tfor such possession and use, including interest and damage, if any, g, from said date. ESCROW This transaction will be handled through an escrow with VALLEY TITLE CO. 300 SOUTH FIRST STREET SAN JOSE under Escrow No. 201161 Town has executed this agreement as of TOWN OF LOS GATOS By: Deborah Acosta, Acosta, Town Manager Grantor has executed this agreement as of /0ec; GRANTOR 3 Address: q r k LA Recommended for A�pproyal: Real Estate Agent No Obligations Other Than Those Set Forth Herein Will be Recognized