1984-050-Approving Grant Deed And Agreement For Use Of Land With American Empire LTD., Relating To Anciano VillageRESOLUTION NO. 1984 -50
RESOLUTION APPROVING GRANT DEED AND AGREEMENT FOR
USE OF LAND WITH AMERICAN EMPIRE LTD., RELATING
TO ANCIANO VILLAGE
RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the Mayor is authorized, and hereby
directed, to execute the attached Grant Deed and Agreement for Use of Land
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 2nd day of April 1984 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Terrence J.
Daily, Brent N. Ventura and Mayor Thomas J.
Ferri to
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Eric D. Carlson
r
SIGNED:
MAYOR _,//THE OWN OF LOS GATOS
ATTEST:
ARK} OE THE TOWN OF LOS GATTOS
t
r,;wU CLERK
u
Ac F:: `—
GRANT DEED
AND AGREEMENT FOR USE OF LAND
FOR VALUABLE CONSIDERATION, AMERICAN EMPIRE LTD., a California Limited
Partnership, Grantor, hereby grants to the TOWN OF LOS GATOS, a general law
city which is a Political Subdivision of the State of California, Grantee,
the Occupancy Restrictions as defined hereinbelow, in that real property
situated in the County of Santa Clara, State of California, particularly
described in Exhibit "A," attached hereto and hereby incorporated by this
reference.
"Occupancy Restrictions" are defined to mean and refer to the right to
change the nature of the current proposed use of the real property; the cur-
rent proposed use of the real property now owned by Grantor is expressly
limited as follows:
No person under sixty (60) years of age shall permanently occupy a
Unit, except in the case of married couples living together, only one spouse
need be sixty (60) years of age or older. Other occupancy exceptions, such
as for health purposes, shall only be as permitted by the Town of Los Gatos,
expressed in a resolution of the Town Council, as allowed by the Town ordin-
ances as the same may be amended, and approved by the Board of Directors of
the Project.
"Permanent Occupancy" shall mean more than forty -five (45) consecutive
days of occupancy or more than sixty (60) days of non - consecutive occupancy
in any calendar year.
The "Occupancy Restrictions" are, and shall be a form of negative ease-
ment in gross over all of the real property particularly described above,
which shall run with such particularly described real property and shall bind
the current owner and any future owner or owners of all or any portion of the
real property particularly described above. In the event of Grantee's dis-
approval of any proposed change in the "Occupancy Restrictions" covered herein,
said proposed change shall not be permitted. Grantee or its successor may
condition its approval of any proposed change upon the prior or subsequent
performance of such conditions as Grantee may deem appropriate.
In addition to the foregoing grant, this document shall be deemed an
agreement between Grantor and Grantee, which agreement shall run with the real
property and be binding upon the successors in interest of all parties hereto
including any government agency or political subdivision succeeding to the
powers and duties of the Town of Los Gatos. In the event of any breach hereof,
all costs of enforcement including reasonable attorneys' fees, shall be paid by
the defaulting party to the prevailing party.
Dated this 6 day of APyt,L , 1984.
AMERICAN EMPIRE LTD., Grantor
By =_a, //fl F% , Z
ALI MUZ_ FARI, Ueneral Partner
Su scribed and sworn to before me this
day of , 1984.
4 1VaV\,t/6_ A . �
Not4ry Public in and for the County
of Slanta Clara, State of California
TOWN OF 1,,WGATOS, Gr
go
NORMAN O. FLOSS
NOTARY PUBLIC- CALIFORNI
PR'NCIPAL CFFICE IN
SANTA CLARA COUNTY
�Mv Cornm�ssion Expires Sept. 21, 1984
Records, page 247, thence S. 88° 52' 30" W., along said North line and parallel
with said line of Parr Avenue, 152.03 feet to a 3/4 inch iron pipe in the West
line of Lot 13 of said subdivision; thence N. 11° 22' E., along said West line
198.74 feet to a 3/4 inch iron pipe at the Southwest corner of the parcel
conveyed to Ola Mae Blauser by Deed recorded July 2, 1947 Book 1483 Official
Records, page 203; thence along the Southerly and Easterly lines of said last
mentioned parcel, N. 88° 52' 30" E., 83.03 feet and N. 11° 22' E., 109.88 feet to
the South line of the parcel described in instrument in favor of the Town of Los
Gatos, recorded December 11, 1964, Bqok 6776 Official Records, page 332; thence
along the South and East lines of the parcel so described, N. 88° 52' 30" E., 49
feet and N. 11° 22' E., 5.12 feet to the Northeast corner thereon in said South
line of West Parr Avenue; thence N. 88° 52' 30" E., along said South line 20 feet
to the point of commencement.
ALSO EXCEPTING THEREFROM the interest conveyed in the Dedication executed by
Santa Maria Association De Calsoa, Inc., a corporation, to Town of Los Gatos, a
municipal corporation, recorded in Book 6776, page 332 of Official Records, and
more particularly described as follows:
BEGINNING at a point in the Southerly right of way line of West Parr Avenue
(50.00 feet wide) said point of beginning also being the Northeasterly corner of
lands conveyed by Helen Kalas to Ola Mae Blauser by Deed recorded July 2, 1947 in
Book 1483 of Official Records at page 203, Santa Clara County Records; thence
from the said point of beginning along said Southerly right of way of West Parr
Avenue North 88° 52' 30" East 49.00 feet; thence South 11° 00' West 5.12 feet;
thence along a line parallel to and 30.00 feet distant measured at right angles
from the center line of West Parr Avenue South 88° 52' 30" West 49.00 feet to a
point on the Easterly line of the said land conveyed to Ola Mae Blauser; thence
along last said Easterly line North 11° 22' 00" East 5.12 feet to the point of
beginning.
ALSO EXCEPTING THEREFROM the land conveyed in the Deed executed by Santa Maria
Association De Calosa, a corporation, to the Town of Los Gatos, a municipal
corporation recorded July 2, 1981 in Book G191 page 377 of Official Records, and
more particularly described as follows:
BEGINNING at the Northeasterly corner of that certain Parcel of land described in
the Deed from Helen Kalas to Santa Maria Association De Calosa, Inc., a corp-
oration recorded April 26, 1956 in Book 3478 of official Records at page 358
Santa Clara County Records; thence leaving said POINT OF BEGINNING along the
Easterly line of said Parcel South 11° 21' West 5.12 feet to a point on a line
parallel with and distant 5.00 feet Southerly measured at right angles from the
Northerly line of said Parcel; thence leaving said Easterly line along said
parallel line South 88° 52' West 180.09 feet to a Pont on the Easterly line of
that certain parcel of land described in the Deed from Santa Maria Association De
Calosa, Inc., a corporation, to Nordahl Hall, a corporation, recorded September
19, 1967 in Book 7860 of Official Records at page 351 Santa Clara County Records;
thence leaving said parallel line along the last described Easterly line North
11° 21' East 5.12 feet to the Northeasterly corner of last described Parcel, said
corner lying on the Southerly line of West Parr Avenue (50 feet wide); thence
along said Southerly line of West Parr Avenue North 88° 52' East 180.09 feet to
the POINT OF BEGINNING.
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