1979-059-Authorizing Right-Of-Way Contract With Dayspring Chapel, Inc.RESOLUTION NO. 1979 -59
RESOLUTION AUTHORIZING RIGHT -OF -WAY
CONTRACT WITH DAYSPRING CHAPEL, INC.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the TOWN OF LOS GATOS enter into that contract
entitled, "RIGHT -OF -WAY CONTRACT ", with DAYSPRING CHAPEL, INC., a copy of
which is attached hereto, and that the Mayor is authorized and he is hereby
directed to execute said agreement in the name and in behalf of the TOWN OF
LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the
16th day of
April. 1979,
by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite, Peter W. Siemens
and John B. Lochner
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mardi Gualtieri
SIGNED:
ATTEST:
CLERK OP THE TOWN OF LOS _OS
TOWN OF LOS GATOS
RIGHT -OF -WAY CONTRACT
GRANTOR(S) DAYSPRING CHAPEL OF LOS GATOS INTERNATIONAL, INC. DATE
ADDRESS 1145 Ortega Circle, Gilroy, California 95020
A Grant Deed covering all that real property situate in the Town of
Los Gatos, County of Santa Clara, State of California, described as follows:
All that certain real property situate in the Town of
Los Gatos, State of California, described as follows:
Commencing at the point of intersection of the easterly
line of Pleasant Street and the northerly line of E.
Main Street as said streets are shown on the map entitled
"El Monte Subdivision ", recorded in Volume "U" of Maps
at page 48, Santa Clara County Records; said point being
also the southwest corner of Lot 1 of said subdivision;
thence along said easterly line of Pleasant Street North
131 53' East, 8.93 feet to the POINT OF BEGINNING; said
POINT OF BEGINNING being also the northwest corner of
the property deeded to the Town of Los Gatos by Jules
and Celestine Flobert, dated May 11, 1937, recorded in
Volume 826 of Official Records, page 180, Santa Clara
County Records; thence continuing along said Easterly
line of Pleasant Street North 130 53' East 25.99 feet to
a point of cusp; thence southeasterly along a curve to
the left from a radial bearing of North 76 007' East,
having a radius of 20.00 feet, through a central angle of
1070 57' 30" for an are distance of 37.68 feet to a
point on the northerly line of said Town of Los Gatos
property; thence along last said line southwesterly along
a curve to the right, from a radial bearing of North
040 04' West having a radius of 254.40, through a central
angle of 06 106105" for an arc distance of 27.09 feet
to the POINT OF BEGINNING.
Being a portion of Lot One, El Monte Subdivision and
containing 149.22 square feet, more or less,
has been executed and delivered to /Ir z, llzla vlO, tz
Right -of -Way Agent for the Town of Los Gatos. The delivery of said deed
shall be effective and the Town of Los Gatos shall be authorized to accept
and record same upon the adoption of this Agreement by the Town Council
of this Town, and the execution thereof by its authorized representative.
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In the event that this Agreement is not so executed within forty -five
(45) days of the date above specified, said deed shall be returned to
Grantor(s) and their obligations under this Agreement treated as null
and void.
In consideration of which, and the other considerations hereinafter
set forth, it is mutually agreed as follows:
1 Grantor agrees that at the time of granting said deed he
has full authority to do so.
2. The performance of this Agreement constitutes the entire
consideration for said document and shall relieve the Town of
all further obligation on this account.
3. The Town of Les Gatos shall pay the undersigned grantor(s) the
sum of Six Hundred ($500.00) Dollars, for the property as
described above and conveyed by a Grant Deed within sixty (00)
days after the adoption of this Agreement by the Town.
4. The Town of Los Gatos agrees to perform the following items
of work: Relocate existing sign.
5. The consideration given by the Town for the above - described
deed shall be full compensation to grantor(s) for:
A. The value of the above - described property;
B. Severance damages, if any, to the remainder thereof;
C. Damages, if any, resulting from the location, grade and
construction of the improvements to be installed thereon;
and
D. All other damages, if any, arising out of the above -
described conveyance and the use of the property conveyed,
in the manner authorized by the grant.
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IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
f
GRANTOR(S)
TOWN OF LOS GATOS
GRANTEE
Recommended for Approval:
By 6-a I
Right -of -Way Agent
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
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