1993-005-Granting An Easement With Reserved Power Termination For Tract No. 8556-Montebello TerraceRESOLUTION 1993 -5
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS -
GRANTING AN EASEMENT WITH RESERVED POWER TERMINATION
FOR TRACT NO. 8556 -- MONTEBELLO TERRACE
BE IT RESOLVED, that the Mayor is hereby authorized to sign the Easement with
Reserved Power of Termination for Tract No. 8556- Montebello Terrace, in the Town of Los
Gatos, attached as Exhibit A.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a
regular meeting held this 4th day of January 1993, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: LA
YOR OF THE OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
PLEASE RECORD AND RETURN TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95030
RECORD WITHOUT FEE UNDER
GOVERNMENT CODE SECTION 6103
EASEMENT WITH RESERVED POWER OF TERMINATION
TRACT NO. 8556-- MONTEBELLO TERRACE
(131 WEST MAIN STREET)
TOWN OF LOS GATOS, a California Municipal Corporation ( "TOWN ") executes
this document based upon the following facts:
A. TOWN owns certain property located within its city limits, commonly known as "West
Main Street," and "Montebello Way' ('TOWN PROPERTY "), more particularly
described on that Subdivision Map entitled "Montebello Terrace Tract No. 8556 ",
filed for record in the Office of the Recorder of Santa Clara County, California, on
the day of , 1993, Book of Maps,
pages ( "Map ").
B. David S. Wilson, Sandra W. Wilson, together with Dianne R. Lien and John S. Lien
( "OWNERS ") own certain property commonly known as 1.31 West Main Street, Los
Gatos, Santa Clara County ('Rankin Property "), upon which the historic 'Rankin
Building" is located, which property is more particularly described as Lot 1 and Lot 2
on the Map.
C. Portions of the second story of the Rankin Building overhang and therefore encroach
into the TOWN PROPERTY. Said encroachments have existed for years without
creating any problems.
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D. OWNERS have applied to TOWN for approval of a subdivision map for condo-
minium purposes and to obtain approval for the creation of six (6) condominium
units within the second story of the Rankin Building. TOWN would like to see the
Rankin Building retained and preserved as a structure that is of historical value to
the TOWN, and has approved the subdivision map for condominium purposes and
in conjunction therewith to allow the encroachment to continue so long as the
structure continues in its present (and historic) configuration.
NOW, THEREFORE:
1. The TOWN, as Grantor, hereby grants to David S. Wilson, Sandra W. Wilson,
Dianne R. Lien and John S. Lien, as Grantees, as tenants in common, easements
for the continued encroachment of a portion of the Rankin Building into those areas
of the TOWN PROPERTY described on the Map as "Future Easement for
Encroachment into Town of Los Gatos Right -of- Way ". The easements shall be for
the purpose of allowing the continued existence of the encroachments into their
present historic configuration, and for access to maintain, repair, restore, reconstruct
and replace those portions of the Rankin Building which so encroaches so long as
the encroachments occupy the same areas which are described on the Map. Said
easements are appurtenant to the Rankin Property (the dominant tenement) and
constitute covenants running with the land.
2. This easement is granted upon condition that the owner(s) of Lot 2 as described on
the Map (which ownership is intended to be by the future buyers of condominium
units within Lot 2) continue to carry general liability insurance in an amount not less
than $500,000 and continue to name the Town as an additional insured in said policy,
and continue to provide the Town with a current certificate of insurance at all times.
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3. In the event of (a) failure to maintain and provide evidence of insurance as provided
in paragraph 2, or (b) destruction of the Rankin Building, if the Rankin Building is
not rebuilt to the same exterior configuration as immediately prior to the destruction,
the TOWN, at its sole election, may terminate these easements by recording a Notice
of Termination of Easement referring back to this Instrument, and declaring that the
TOWN has elected to exercise its power of termination, and that the easements shall
be legally terminated and become unenforceable by any process.
IN WITNESS WHEREOF, the TOWN, as Grantor, has executed this Instrument
effective this day of , 1993.
JOANNE BENJAMIN, MAYOR
ATTEST:
TOWN CLERK
TOWN OF LOS GATOS
APPROVED AS TO FORM:
TOWN ATTORNEY
ALL SIGNATURES SHALL BE IN BLACK INK
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