1984-177-Authorizing Mayor To Execute Certificate Of Acceptance Of Grant To Open Space EasementRESOLUTION N0. 1984 -177
RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE EASEMENT
ON PROPERTY KNOWN AS THE "NOVITIATE," AUTHORIZING MAYOR
TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF OPEN
SPACE EASEMENT, AND AUTHORIZING MAYOR TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION (LOS GATOS CREEK PARK /LANDS OF THE
CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS)
WHEREAS, on September 10, 1984 Town of Los Gatos Resolution No.
1984 -159 approved an Agreement in Compromise and Settlement of Disputed
Claims related to Town litigation concerning the acquisition of certain
real property, known as the "Novitiate," owned by the California Province
of the Society of Jesus for park, recreational and open space purposes;
WHEREAS, the Agreement provides that the Town of Los Gatos, together
with t're Midpeninsula Regional Open Space District, will receive an open
space easement on a portion of the above - referenced real property as set
forth in Exhibit "A," attached hereto and incorporated by reference
herein;
WHEREAS, in accordance with Government Code Section 51085 the Planning
Commission of the Town of Los Gatos found that the proposed grant of open
space easement is consistent with the Town's currently adopted General
Plan, the Revised General Plan that the Planning Commission has
recommended to the Town Council for adoption and the adopted Los Gatos
Hillside Specific Plan as set forth in Town of Los Gatos Planning
Commission Resolution No. 84 -5, a copy of which is attached hereto as
Exhibit "B" and incorporated by reference herein;
WHEREAS, in accordance with Government Code Section 51084 the Town
Council hereby finds as follows:
a. The preservation of the land described in Exhibit "A"
is consistent with the Town's currently adopted General
Plan that the Planning Commission has recommended to the
Town Council for adoption and the adopted Los Gatos Hill-
side Specific Plan; and
b. The preservation of the land described in Exhibit "A" is
in the best interest of the Town of Los Gatos because:
(1) The land is essentially unimproved, and if retained
in its natural state it has scenic value to the public
and is valuable as a watershed and as a wildlife
preserve and the instrument granting the easement
contains appropriate covenants to that end.
(2) It is in the public interest that the land be
retained as open space because such land will add
to the amenities of living in the Town of Los Gatos
and will help preserve the rural character of the
area.
NON, THEREFORE, BE IT RESOLVED by the Town Council that the Town of
Los Gatos accepts the open space easement as set forth in Exhibit °A,° and
the Town Council authorizes and hereby directs the Mayor to execute a
certificate of acceptance to the document of granting said easement.
BE IT FURTHER RESOLVED that the Town Council authorizes and hereby
directs the Mayor to execute any and all other documents in escrow
necessary or appropriate to the closing of the transaction referred to in
Resolution No. 1934 -159.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 1st day of October 1934 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES:, COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT:
SIGNED:
ATTEST:
TELERK OF THE T N OF LOS GA S
_2_
Recording Requested By:
When Recorded Mail To:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
375 Distel Circle, Suite D -1
Los Altos, California 94022
Attn: L. Craig Britton
GRANT OF OPEN SPACE EASEMENT
THE CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS, a
California-non-profit religious corporation (hereinafter referred
to as "CPSJ ") hereby grants to MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a body corporate and politic (hereinafter referred to
as "MROSD ") and the TOWN OF LOS GATOS, a municipal corporation
(hereinafter referred to as "TOWN "), for valuable consideration,
receipt of which is hereby acknowledged, an open space easement
upon, over and across the property described in Exhibit "I" as
attached hereto and incorporated herein by reference (hereinafter
referred to as the "SUBJECT PROPERTY ") in perpetuity pursuant to
Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1,
Title 5 of the Government Code and Section 5540 of the Public
Resources Code of the State of California on the following terms
and conditions.
The granting of this easement and its acceptance by
MROSD and TOWN does not authorize and is not to be construed as
authorizing MROSD, TOWN, the public or any member thereof to
trespass upon or use all or any portion of the SUBJECT PROPERTY
in any manner whatsoever without the prior written permission
of CPSJ. It is understood that the purpose of this easement is
solely to restrict the use to which the SUBJECT PROPERTY may be
put in accordance with the terms and conditions of this Grant of
Open Space Easement. �)1Q. 3T
Grant of Open Space Easement Page Two
1. Limitations on use by CPSJ
CPSJ covenants and agrees that, except as otherwise
provided in this Grant of Open Space Easement that CPSJ shall not
do any of the following on the SUBJECT PROPERTY:
(a) Use or authorize the use of the SUBJECT
PROPERTY for any purpose other than open space, conservation,
non - commercial outdoor recreational or compatible outdoor
agricultural uses (such as, inter alia, vineyards or livestock
grazing);
(b) Erect, construct, place or maintain or
authorize the erection, construction, placement or maintenance
of any improvement, building, structure or cover or cause the
SUBJECT PROPERTY to be covered in whole or in part with any
asphalt, stone, concrete or other impervious material on the
SUBJECT PROPERTY other than such improvement, building or
structure or asphalt, stone, concrete or other impervious
material existing on the SUBJECT PROPERTY at the time of the
granting of this easement, except that CPSJ may construct and
maintain or permit the construction of and maintenance of appro-
priate reasonably related unobtrusive improvements to the
SUBJECT PROPERTY related only to such uses as specifically
reserved by CPSJ in this Grant of Open Space Easement; provided,
however; that total area of such impervious surface (such as,
inter alia, asphalt, concrete and other paving and roof area of
buildings) does not exceed a total of three percent (3%) of the
total land area of the SUBJECT PROPERTY;
(c) Excavate on the SUBJECT PROPERTY, or change
the topography or grade or Pave the SUBJECT PROPERTY or any por-
tion thereof except for appropriate unobtrusive grading and
paving improvements reasonably required by the uses reserved by
CPSJ in accordance with other terms and conditions hereof;
(Lx 14ia1T
�3�n Q
Grant of Open Space Easement
Page Three
(d) Cut, uproot or remove or authorize the
cutting, uprooting or removal of indigenous trees and shrubs
located on the SUBJECT PROPERTY, except as may be required for
(c) above, elimination of diseased growth, or the removal of
undergrowth for fire prevention, construction and maintenance
of foot trails, non - commercial outdoor recreational or compati-
ble outdoor agricultural uses;
(e) Kill or trap animals on the SUBJECT PROPERTY
unless necessary for health or safety purposes or compatible
outdoor agricultural uses in accordance with the terms and condi-
tions hereof;
(f) Dump or store or permit the dumping or storing
of any non - indigenous debris or materials in addition to those
currently on the SUBJECT PROPERTY except for materials or equipment
necessary or relative to the open space, conser-.ation, :nom -
commerical outdoor recreational and compatible outdoor agricul-
tural use of the SUBJECT PROPERTY by CPSJ;
(g.) Operate or authorize the operation on the
SUBJECT PROPERTY of any motor bike, trail bike, go cart, or other
motor driven or motor powered vehicles except those motor vehicles
reasonably necessary for the use of CPSJ for the accomplishment
of the purposes for which the SUBJECT PROPERTY is used pursuant
to the terms and conditions, restrictions and covenants set
forth herein for the SUBJECT PROPERTY or use by others who have
a legal right to pass on the existing roadways;
(h) Place any advertising of any kind or nature
on the SUBJECT PROPERTY except for identification and directional
Purposes consistent with the use of the SUBJECT PROPERTY as
provided herein;
31 T
y
Grant of Open Space Easement Page Four
(i) Use or allow the use of firearms or dangerous
weapons on the SUBJECT PROPERTY except for personal protection,
safety, public health or vermine control;
(j) Use or authorize the use of fireworks or
pyrotechnics on the SUBJECT PROPERTY:
(k) Play or perform or allow the playing or per-
formance of loud and disturbing amplified music;
(1) Mine, extract, remove, or permit or cause to
be mined, extracted or removed of any minerals or hydrocarbons
found or located on or under the SUBJECT PROPERTY in a manner
that would jeopardize or alter the natural and scenic character
of the property.
2. Reservation of Use by CPSJ
CPSJ reserves the right to use the SUBJECT PROPERTY
in any manner consistent with the stated purposes, terms and con-
ditions of this Grant of Open Space Easement, and insofar as such
use is not incompatible with other laws, rules and regulations
of the State of California and the County of Santa Clara, or any
public agency having jurisdiction, as such laws, rules and
regulations may hereinafter from time to time be amended. CPSJ
further reserves the right to use the SUBJECT PROPERTY for open
space, conservation, non - commercial outdoor recreational and
compatible outdoor agricultural uses (such as, inter alia,
vineyards and livestock grazing). CPSJ further reserves the
right to construct and maintain and permit the construction of
and maintenance of appropriate reasonably related unobtrusive
improvements to the SUBJECT PROPERTY related only to such uses
and subject to the terms of this.Open Space Easement. CPSJ
also reserves the right to grant easements to the Sisters of
Charity'of the Blessed Virgin Mary, Dubuque, Iowa, a non - profit
^ _� of
Grant of Open -Space Easement
Page Five
Iowa Religious corporation, its successors or assigns for place-
ment of underground utilities and for emergency access road
purposes over and along the general location of that roadway
traversing the SUBJECT PROPERTY as shown on the map attached
hereto as Exhibit "II" and incorporated herein by this reference.
The use of such road shall not include the right substantially
to expand beyond its existing width or otherwise reconstruct said
road in a manner that would conflict with the intent of this
Open Space Easement.
3. Rights of MROSD
Duly authorized employees of MROSD shall have the
right to conduct periodic inspections of the SUBJECT PROPERTY
to determine compliance with the terms and conditions of this
One_r. Space Easement, f0110Win(T wr _q `en request bV MROSD a.. ^.d
written consent by CPSJ, which consent shall not be unreasonably
Withheld. CPSJ shall receive in a timely manner a copy, if any,
of the report of such inspection by MROSD.
4. Eminent Domain
In the event any interest in the SUBJECT PROPERTY
is sought to be acquired by eminent domain by any public entity
or other party, including, but not limited to, MROSD or TOWN
or any other public agency or party, this Grant of Open Space
Easement and each and every term, condition, restriction and
covenant contained herein shall terminate as of the time immedi-
ately prior to the filing of any action in eminent domain to
acquire any such interest. In the event of any such attempted
acquisition by eminent domain, the SUBJECT PROPERTY and any
remaining property of CPSJ shall be. valued as though this Grant
Of Open Space Easement never existed and this Grant of Open
Space Easement shall not be admissible in evidence or in any
way considered in determining the just compensation to be paid,
Grant of Open Space Easement Page Six
including, but not limited to, the fair market value of the.
property to be acquired and severance damages to any remaining
property. It is the intent of the parties that CPSJ shall be
entitled to recover such compensation for any such acquisition
by eminent domain as CPSJ would have been entitled to recover
had the SUBJECT PROPERTY never been burdened by this Grant of
Open Space Easement; provided, however, that during the pendency
of any such action in eminent domain, CPSJ'S actual use of the
SUBJECT PROPERTY shall be restricted as provided in this Grant
of Open Space Easement and provided further, that in the event
any such eminent domain action is abandoned or dismissed prior
to the recordation of a Final Judgment in Condemnation relative
to the SUBJECT PROPERTY, or portion thereof, and such interest
in the SUBJECT PROPERTY is not actually acquired for public use,
the SUBJECT PROPERTY, at the time of such abandonment or dis-
missal shall once again be subject to this Grant of Open Space
Easement and to each and every stated purpose, term, condition,
restriction and covenant herein. CPSJ shall be entitled to
receive the entirety of any and all compensation to be paid
for any such acquisition of any interest in the SUBJECT PROPERTY.
MROSD and TOWN shall have the right to object to any such
attempted acquisition of any interest in the SUBJECT PROPERTY,
but only on the basis that any such attempted acquisition is not
for a higher and better public use than the use to which the
SUBJECT PROPERTY is being put in accordance with this Grant of
Open Space Easement and in no event shall MROSD or TOWN take any
action which would tend to reduce the amount of compensation
which would be payable to CPSJ for any such attempted acquisition
by eminent domain.
;. a7
Grant of Open Space Easement Page Seven
5. Enforceable Restriction
This easement and each and every term, condition,
restriction and covenant contained herein constitutes an enforce-
able restriction pursuant to the provisions of Section 8 of
Article XIII of the California Constitution and Chapter 6.6
(commencing with Section 51070) of Part 1, Division 1, Title 5
of the Government Code and Section 5540 of the Public Resources
Code of the State of California and shall bind CPSJ and its
heirs, successors and assigns and each and all of them and is
intended to run with the land, and shall be for the benefit of
MROSD and TOWN, their successors and assigns and for the benefit
of the lands of MROSD and TOWN, being more particularly described
in Exhibit "III" as attached hereto and incorporated herein by
this reference. Further, each and every term, condition,
restriction, reservation and covenant contained herein shall bind
and inure to the benefit of the respective lessees, successors, and
assigns of each of the parties hereto.
The stated purposes, terms, conditions, restrictions,
reservations and covenants set forth herein and each and all of
them may be specifically enforced or enjoined by proceedings in
Grant of Open Space Easement
DATED:
STATE OF CALIFORNIA
COVNTYOF
SANTA CLARA SL
Accepted and Approved:
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT,
a Body Corporate and
Politic
Page Eight
THE CALIFORNIA PROVINCE OF
THE SOCIETY OF JESUS, a
California Non — Profit
Religious Corporation
By:
On this day of in the year one thousand nine
hundred and _.. _ before me,
a Notary Pubtiq State of California, duty commisuoned and swon% personally
appeared
known to me to be the of the corporation described
in and that executed the within instrument, and also known to me to be the
person_ -- who swatted the within inttntment on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the
same
LV WITNESS WHEREOF 1 have hereunto set my hand and a //fixed my ofrxiai
seat in the _ County of SANTA CL ARA the day and
Year in thiscerd1%Wte jhst above Witten.
Notary Public, State of califomia
TOWN OF LOS GATOS,
a Municipal Corporation
By: By:
Title:
Date:
Title:
Date:
Attest: ' Attest:
District Clerk
(-SEAL)
Town Clerk
ExHIBIT
(SEAL) 32 Of
Page of
LEGAL DESCRIPTION
OPEN SPACE PARCEL
All that certain real property situated in the County of Santa Clara. State
of California, described as follows:
PARCEL dNE:
LOTS 1. 2, 13 and 14 in Section 28, Township 8 South, Range 1 West, H.D.B. b H.
EXCEPTING THEREFROM ALL OF THAT PORTION LYING NORTHERLY OF THE
FOLLOWING DECRIBED LINE:
BEGINNING AT
THE SOUTHWEST CORNER
OF THE NORTHWEST 114 OF SECTION 28, T8S,
R1W, M.D.B. 6c
M. AND RUNNING THENCE
NORTH ALONG THE WEST LINE
OF SAID SECTION
28 TO ITS INTERSECTION WITH A LINE
PRODUCED WESTERLY FROM AN
EXISTING ROW OF
OLIVE TREES,
SAID TREES BEING THE
NORTHERLY LINE OF AN ADANDONED BASEBALL
FIELD; THENCE
FROM SAID INTERSECTION, EASTERLY AND PARALLEL
WITH THE NORTH
LINE OF SAID SECTION 28 TO THE EAST
LINE OF SAID NORTHWEST 1/4
OF SECTION 28.
of
[81T �.
Page of
PARCEL TWO:
LOTS 3, 4, 5 and 6 in Section 28, Township 8 South, Range 1 West, M.D.B. 6 M.
TOGETHER WITH the right to construct and use a road or roads across Parcel
lA described below, for access to and from the remaining property of the
grantors located Northerly of said parcel to the new two -way road to be built
by the Grantee on said parcel, as reserved in the Deed from Novitiate of
Los Gatos, to Santa Clara Valley Water Conservation District, dated September
20, 1951, recorded September 26, 1951. in Book 2290 of Official Records at
page 207.
IA. EXCEPTING THEREFROM that portion thereof described in the Deed from
Noviciate of Los Gatos, to Santa Clara Valley Water Conservation District,
recorded September 26, 1951 in Book 3290 of Official Records at page 207,
described as follows:
BEGINNING at a point on the Section line between Sections 28 and 33, Township
S. South, Range 1 West, M.D.B. '& H., said point lying South 88° 38' East
1239.92 feet from Section corner 29/28 T 8 S R 1 W, H.D.B.
32/33
thence leaving said point of beginning the following courses and
distances:
North 23' 43' East, 537.35 feet;
North 60° 29' East, 664.95 feet;
North 69° 29' East, 149.05 feet;
North 350 16' East, 640.55 feet to a point on t.e Easterly boundary
of Lot 6 in Section 28, T 8 S. R 1 W, H.D.B. 6 H.;
thence along said Lot line South 0' 05' West, 962.17 feet to the
Southeast corner of the Southwest 1/4 of Section 28, T 8 S, R 1 W, H.D.B.
6 M;
thence along the section line between Sections 28 and 33, T 8 S R 1 W.
M.D.B. 6 M, North 88' 38' West, 1571.78 feet to the point of beginning.
CONTAINING 26.47 acres, more or less, and being a part of Lots 4 and 6 in
Section 28, T 8 S R 1 W, H.D.B. S M.
ZA. ALSO EXCEPTING THEREFROM that portion thereof described in the Deed
from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation
District. recorded November 7, 1952 in Book 2522 of Official Records at
page 420, described as follows:
Beginning at the 'section corner common to Sections 280 29, 32 and 33,
T S S R 1 W., M.D.B. 6 M;
thence Northerly and along the Section line, North and South between
Sections 28 and 29, T 8 S R 1 W., M.D.B. b H;
North 654.66 feet to the point of intersection of said last mentioned
section line with the center line of a 20 foot right of way hereinbefore
conveyed to Santa Clara Valley Water Conservation District; j Y
thence leaving said mentioned section line, North 85' 04' East 2181.91 1O
feet and North 85' 16' East 640.55 feet to a point an the 1/4 section line �.
running North and•South through the center of Section 28, T 8 S R 1 W.,
H.D.B. S H;
thence Southerly and along the last mentioned 1/4 Section line, South
0. 05' West 962.17 feet to the 114 section corner on the South boundary '
Of Section 28, T 8 S R 1 W., K.D.B. S M;
1.% Continued/
Page of
continued...
thence Westerly and along the section line running Ease and hest between
sections 28 and 33, T 8 S R L.H., H.D.B. G H;
North 88' 38' West 2811.60 feet Co the place of beginning.
CONTAINING 52.232 acres of land. more or less.
EXCEPTING THEREFROM Parcel I of lands conveyed herebefore to Santa Clara
Valley Water Conservation District, by Deed recorded September 26, 1951
in Eook 2290, Official Records, page 207.
EXCEPTING THEREFROM PARCELS ONE do TWO ALL THAT PORTION LYING
WESTERLY AND SOUTHERLY OF A LINE DRAWN PARALLEL AND 20 FEET
NORTHERLY OF THE FOLLOWING DESCRIBED LINE.
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN
TOWNSHIP 8 SOUTH, RANGE I WEST, M.D.B. & M. AND RUNNING THENCE ALONG
THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55
FEET TO THE CENTERLINE OF A ROAD AND THE POINT OF BEGINNING FOR THIS
DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 00 12' 40" WEST, 2401.91
FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33;
THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES:
THENCE SOUTH 750 35'
50" EAST
'"HENCE SOUTH 420 05'
40"
"EAST
THENCE SOUTH
300
0V
00"
WEST
THENCE SOUTH
560
34'
10"
WEST
THENCE SOUTH
71°
23'
20"
WEST
THENCE SOUTH
790
13'
50"
WEST
THENCE SOUTH
540
05'
30"
WEST
THENCE SOUTH
110
32'
10"
EAST
THENCE SOUTH
510
02'
30"
EAST
THENCE SOUTH
71°
29'
20"
EAST
THENCE SOUTH
730
59'
20"
EAST
THENCE SOUTH
830
58'
10"
EAST
THENCE NORTH
830
14'
00"
EAST
THENCE NORTH
690
31'
50"
EAST
THENCE NORTH
630
21'
00"
EAST
THENCE NORTH
570
59'
30"
EAST
THENCE NORTH
650
19'
10"
EAST
THENCE NORTH
590
35,
50"
EAST
THENCE NORTH
470
21'
10"
EAST
THENCE NORTH
320
52'
00"
EAST
THENCE NORTH
430
08'
20"
EAST
THENCE NORTH
520
45'
30"
EAST
THENCE NORTH
430
29'
50"
EAST
THENCE NORTH
610
24'
40"
EAST
THENCE NORTH
790
57'
00"
EAST
THENCE NORTH
840
05'
50"
EAST
THENCE NORTH 750
28' 20" EAST
THENCE NORTH 650 51' 30" EAST
(3)
31.01 FEET TO A RAILROAD SPIKE;
33.05 F EET TO A RAILROAD SPIKE;
23.62 FEET TO A RAILROAD SPIKE;
24.31 FEET TO A RAILROAD SPIKE;
26.66 FEET TO AN IRON PIPE;
49.81 FEET TO AN IRON PIPE;
34.10 FEET TO A RAILROAD SPIKE;
33.75 FEET TO A RAILROAD SPIKE;
26.32 FEET TO A RAILROAD SPIKE,
49.30 FEET TO A RAILROAD SPIKE;
35.78 FEET TO A RAILROAD SPIKE;
18.68 FEET TO A RAILROAD SPIKE;
68.44 FEET TO A RAILROAD SPIKE;
40.17 FEET TO A RAILROAD SPIKE;
50.54 FEET TO A RAILROAD SPIKE;
33.50 FEET TO A RAILROAD SPIKE;
33.86 FEET TO A RAILROAD SPIKE;
29.39 FEET TO AN IRON PIPE;
51.52 FEET TO AN IRON PIPE;
51.06 FEET TO A RAILROAD SPIKE;
31.78 FEET TO A RAILROAD SPIKE;
62.48 FEET TO A RAILROAD SPIKE;
83.42 FEET TO A RAILROAD SPIKE;
45.48 FEET TO A RAILROAD SPIKE;
49.55 FEET TO A RAILROAD SPIKE;
138.65 FEET TO A RAILROAD SPIKE;
44.70 FEET TO A RAILROAD SPIKE;
24.10 FEET TO A RAILROAD SPIKE;
c.�
0
C H18I T Z
aaUe ® -®
THENCE NORTH 55° 17' 00" EAST
42.54 FEET
TO A RAILROAD SPIKE;
THENCE
NORTH 670 31'
30" EAST
39.87
FEET
TO
AN IRON PIPE;
THENCE
NORTH 720 59'
LO" EAST
64.61
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
080
46'
10"
WEST
63.97
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
07°
40'
30"
EAST
68.37
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
230
30'
40"
EAST
44.38
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
280
50'
30"
EAST
84.79
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
430
44'
40"
EAST
34.93
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
780
20'
SO"
EAST
23.96
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
840
31'
20"
EAST
23.82
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
730
27'
30"
EAST
141.13
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
820
34'
50"
EAST
32.65
FEET
TO
AN IRON PIPE;
THENCE
NORTH
860
25'
30"
EAST
38.92
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
77°
41'
30"
EAST
88.11
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
690
52'
50"
EAST
68.42
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
63°
02'
50"
EAST
133.S6
FEET
TO
A RAILROAD SPIKE;
THENCE
SOUTH
880
46'
00"
EAST
26.20
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
370
07'
10"
EAST
22.09
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
030
41'
20"
EAST
23.26
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
06"
43'
30"
WEST
75.20
FEET TO
A RAILROAD SPIKE;
THENCE
NORTH
O1°
21'
40"
WEST
123.70
FEET
TO
A RAILROAD SPIKE;
THENCE
NORTH
130
07'
20"
WEST
80.94
FEET TO
AN IRON PIPE;
THENCE
NORTH
020
51'
30"
EAST
57.25
FEET TO
A RAILROAD SPIKE;
THENCE
NORTH
100
01'
10"
EAST
46.66
FEET TO
AN IRON PIPE;
THENCE
NORTH
14°
02'
30"
EAST
35.33
FEET TO
A RAILROAD SPIKE;
THENCE NORTH
260
33'
10"
EAST
75.63
FEET TO
A RAILROAD SPIKE;
THENCE NORTH
480
i3'
I0"
EAST
.104.63
FEET TO
AN IRON PIPE;
THENCE NORTH
520
26'
10"
EAST
60.00
FEET;
THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING
COURSES:
THENCE
NORTH
Ol°
00'
00"
WEST
37.00
FEET;
THENCE
NORTH
100
00'
00"
EAST
165.00
FEET;
THENCE
NORTH
400
00'
00"
EAST
100.00
FEET;
THENCE
NORTH
760
00'
00"
EAST
90.00
FEET;
THENCE
SOUTH
80°
00'
00"
EAST
80.00
FEET;
THENCE
SOUTH
620
00'
00"
EAST
210.00
FEET;
THENCE
SOUTH
82°
00'
00"
EAST
65.00
FEET;
THENCE
NORTH
62"
00'
00"
EAST
65.00
FEET;
THENCE
NORTH
47"
00'
00"
EAST
575.00
FEET;
THENCE
NORTH
730
00'
00"
EAST
129.86
FEET, TO THE
QUARTER SECTION LINE.
OF
SAID SECTION
28.
PARCEL THREE:
NORTH -SOUTH
Beginning at the quarter corner common to Section 28 $ 29 in Township 8 South, Range
1 West, M.D.B.&M. And running Thence along the line common to said Sections 28 &
29 South 0. 12' 40" East, 257.88 Feet; Thence North 75° 35' 50" West, 200 Feet;
Thence North 200 46' 30" East; 543 Feet more or less to the line common to Sections 28
do 29; Thence Southerly along the line common to section 28 dt 29, 300.00 Feet more
or less to the Point of Beginning.
(4)
.�
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r. _
ra
2 91%1
-o
PARCEL FOUR
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 do 29 IN
TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B.&M. AND RUNNING THENCE SOUTH 00
12' 40" EAST, 372.38 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE
SOUTH
710
23'
20"
West
0.46;
THENCE
SOUTH
790
13'
50"
West
46.72;
THENCE
SOUTH
540
05'
30"
WEST
16.75;
THENCE
SOUTH
110
32'
10"
EAST
13.67;
THENCE
SOUTH
510
02'
30"
EAST
15.53;
THENCE
SOUTH
710
29'
20"
EAST
45.69
THENCE
SOUTH
730
59'
20"
EAST
2.05
TO A POINT ON THE SECTION LINE COMMON TO SECTION 28 & 29, SAID POINT
BEARS SOUTH 00 12' 40" EAST, 429.31 FEET FROM SAID QUARTER CORNER.
(5)
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12
LEGAL DESCRIPTION EXHIBIT
PEE CONVEYANCE Page of
All that certain real property situated in the County of Santa Clara. State
of California. described as follows:
PARCEL ONE:
All that portion of the Northeast Quarter (HE 114) of Section Twenty -Nine
(29) in Township Eight South, Range 1 West, H.D.B. b M., lying Easterly of
the Easterly line of Assessment Lot No. 79, as said Easterly line is shown
upon that certain Hap entitled, "Hap No. 72. San Jose Water Works Lands ",
which Hap was filed on February 26, 1944 in Book 6 of maps, at page 30,
Santa Clara County Records.
EXCEPTING THEREFROM all that portion thereof lying 16.50 feet on each side
of the center line of Assessment Lot No. 70-B as said center line is described
and shown upon that certain Map entitled, "Map No. 81 San Jose Water Works
Lands ", which Map was filed for record in the Office of the Recorder of the
County of Santa Clara,.State of California, on March 1, 1944 in Book 6 of
Maps, at page 35.
EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water
line of the east bank of the Los Gatos Creek."
PARCEL TWO:
LOTS 1, 2, 13 and 14 in Section 28, Township 8 South, Range 1 West, H.D.B. 6 M.
EXCEPTING THEREFROM all that portion thereof lying 16.50�feet on each side of
the center line of Assessment Lot No. 7G-B as said center line is described
and shown upon that certain Map entitled. "Map No. 81 San Jose Water Works Lands ".
which Map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California, on March 1, 1944 in Book 6 of Maps, at page 35.
u • •a• ��
That portion thereof lying within the bounds of the parcel of land described in the
deed to Noviate of Los Gatos, by instrument recorded February 23, 1972 in Book 9715,
Official Records, Page 309, as follows, to wit:
COt40:NCING at the section corn common to Sections 20, 21, 28, and 29 of Township
8 South, Range 1 West, Mount Diablo Base and Meridian.
thence S. 89' 15' E., on and Along the section line common to aid sections 21 and
28, A distance of 880 feet. to the true point of commencement of, the parcel of land herein
described,
thaate from said true point of commencement. Southerly. at right angles to said
section line, a distaste of 3Z5 fact,
thence at right eagles, Easterly,
150 feet, (and parallel to said section line), a distance of
thence at right angles, Southerly, a distaste of 310 feet.
thence at right angles, Easterly, (and parallel to said section line), a distance
of 185 feet,
Continued/
EXHI -31T
EN'HISIT
Raga of
continued . . .
thence at right angles, Northerly, a distance of 210 feet,
thanes at right angles, Easterly, (and parallel to said section line), a distance
of 55 feet,
thence at right angles, Northerly, a distance of 425 feet to a point in the said
section lice common to said Sections 21 and 28.
thence N. 89' 15' W., on and along said section line, a distance of 390 feet, to the
true point of commencement, containing 4.35 acres, and being a portion of Lot 1
(NH 1/4. NH 114) of said Section 28.
ALSO EXCEPTING FROM PARCEL ONE AND PARCEL TWO ABOVE DESCRIBED:
That portion thereof lying within the bounds of the parcel of land described
in the deed to Town of Los Gatos, by instrument recorded October 9, 1967 in
Book 7885, Official Records, page 241, as follows, to wit:
"A portion of Sections 20, 21, 28 and 29 of Township 8 South, Range 1 Hest,
H.D.B. b M., described as follows:
Beginning at a 3/4 inch iron pipe set at the Southerly terminus of the Easterly
line of Jones Road, 40 feet vide, as shown on the Map of Tract N. 554, Stonehedge,
filed July 18, 1949, Book 24 of Maps, page 18, records of Santa Clara County,
said point of beginning also being the Southwesterly corner. of Lot 1, as shown
on said Map;
thence N. 89' 39' H., along the Southerly terminus of said Jones Road and
the Southerly line of Lot A, as shown on the Map of Canyon View Terrace, filed
November 19, 1927, Book "H" of Maps, pages 22 and 23, Santa Clara County Records,
364.06 feet to a 2" x 2" stake set at the Southeasterly corner of Lot 7, as
shown on the Map of Tract No. 330, Array& Vista, filed July 8, 1946, Book 11 of
Maps, page 14, records of Santa Clara County;
thence N. 89' 36' 42" H., along the Southerly lines of Lots 7 and 8 of said
Tract No. 330, Array& Vista, 163.88 feet to a one inch iron pipe;
thence along the Easterly line of the strip of land reserved for the old
flume of the Los Gatos Manufacturing Co., the following courses and distances:
S. 9. 54. 32" E., 232.98 feet to &.one inch pipe;
and S. 7' 35' 28" H., 95.04 feet to a one inch iron pipe set at the most
Northerly corner of the 0.117 acre parcel of land conveyed to the State of
California, by Deed recorded September 28, 1954, Book 2%9 Official Records,
page 49;
thence along the Easterly line of said 0.117 acre parcel of land the following
courses and distances:
S. 17. 13' 23" E.. 34.85 feet to a C.S.C. monument and.S. 17. 491 '21"
W., 176.84 feet to a one inch iron pipe set at the most Southerly corner
thereof;
thence S. 4. 46' 14" E., 171.90 feet;
thence S. 80' 18' E. 255.48 feet to a one inch iron pipe;
thence N. 26. 13. 19" E. 34.88 fact to a one inch iron pipe; :,B,..
thence N. 38' 00' 19" E. 29 feat to a one inch.lron Pipe; "'�'I�
thence; S. 28. 55. 19" E. 93.27 fact to a one inch iron pipe; a a Of
(2) Continued/
L:�,�i6uSl'
continued . . .
thence N. 27. 25' 19" E. 63.59 feet to a one inch iron pipe.;
theaca N. 33' 40' 19" E. 28.42 feet to a one inch iron pipe;
thence N. 37' 15' 19" E. 40.17 feet to.a one inch iron pipe;
thence N. 67' 27' 19" E. 11.13 feet to a one inch iron pipe;
thence N. 30. 25' 19" E. 73.55 feet to a one inch iron pipe;
thence N. 35' 05' 19" E. 17.95 feet to a one inch iron pipe;
thence N. 43' 55' 19" E. 46.15 feet to a one inch iron pipe;
thence N. 37' 40"19" E. 13.93 feet to it one inch iron pipe;
thence N. 23' 55' 19" E. 28.35 feet to a one inch iron pipe;
thence N. 18' 05' 19" E. 31.06 feet to a one inch iron pipe;
thence N. 21' 35' 19" E. 18.04 feet to a one inch iron pipe;
thence N. 35' 40' 19" E. 15.16 feet to a one inch iron pipe;
thence N. 46' 25' 19" E. 14.35 feet to a one inch iron pipe;
thence N. 51' 35' 19" E.'47.55 feet to a one inch iron pipe;
thence N. 46' 40' 19" E. 25.72 feet to a one inch iron pipe;
thence N. 40' 15' 19" E. 51.30 feet to a one inch iron pipe;
thence N. 42' 40' 19" E. 63.83 feet to a one inch iron pipe;
thence N. 46''50' 19" E. 26.84 feet to a one inch iron pipe;
thence N. 15' 55' 19" E. 9.32 feet to a one inch iron pipe;
.thence N. 28' 15' 19" E. 9.61 feet to a one inch iron pipe;
thence N. 20' 25' 19" E. 69.18 feet to a one inch iron pipe;
thence N. 12' 30' 19" E. 9.73 feet to a one inch iron pipe;
thence N. 6' 05' 19" E. 23.58 feet to a one inch iron pipe;
which bears S. 89' 34' 43" E. :roe the point of beginning;
thence N. 89' 34' 43" W. along the East prolongation of the Southerly line
of Lot 1 as shown on said Hap of Tract No. 554, Stonehedge, 55.86 feet to a
3/4 inch iron pipe set at the Southeast corner of 'said Lot 1;
thence N. 89' 34' 43" W. along said Southerly line 150 feet to the point of
beginning and designated as 8.000 acres, more or less, on the Record of Survey
Hap filed June 22, 1967, Book 224, Maps, page 21, Santa Clara County Records.
EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water
line of the east batik of the Los Gatos Crock."
PARCEL THREE:
MAT PORTION OF THE SOUTHEAST QUARTER (SE 1 14).of Section 29 in Township 8
South, Range 1 West, M.D.B. S M., described as follows:
Beginning at the 114 section corner standing in the Section line running
between Sections 28 and 29 and in the Township and Range aforesaid, and
running thence South along said Section line 591.36 feet to a point
marked "H.W." (being the common corner of the land described herein and
the lands formerly of Humphrey Estate Inc.)
thence West along the Northerly line of said Humphrey land 724.02 feet,
more or less, to a point of intersection with the Easterly line of Assess-
,
meat Lot No. 15, as said Lot and line are shown and described upon chat
certain Map entitled, "Map No. 71 of San Jose Water Works Land ", which Map
was filed for
�
record in the Office of the Recorder of the County of Santa
Clara, State of California, on February 26, 1944 in Book 6 of Maps, at
page 29, records of said County;
.w
thence Northerly along said Easterly line of Assessment Lot No. 15, to
the point of intersection of said Easterly line with the 114 section line
seeing East and West through said Section 29;
thence Easterly along the last mentioned line 736.56 feet. more or less.
22 H1sr
'ale
Of
PARCEL FOUR:
TATS 3, 4, 5 and 6 in Section 28, Township 8 South, Range 1 West, M.D.B. & M.
TOGETHER WITH the right to construct and use a road or roads across Parcel
IA described below, for access to and from the remaining property of the
grantors located Northerly of said parcel to the new two -way road to be built
by the Grantee on said parcel, as reserved in the Deed from Novitiate of
Los Gatos, to Santa Clara valley Water Conservation District, dated September
20, 1951, recorded September 26, 1951.in Book 2290 of Official Records at
page 207.
I.A. EXCEPTING THEREFROM that portion thereof described in the Deed from
Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District,
recorded September 26, 1951 in Book 2290 of Official Records at page 207,
described as follows:
BEGINNING ac a point on the Section line between Sections 28 and 33, Township
8, South, Range 1 West, H.D.S. & M., said point lying South 88' 38' East
1239.92 feet from Section corner 29/28 T.8 S R 1 W, M.D.B. & M.;
32/33
thence leaving said point of beginning the following courses and
distances:
North 23' 43' East, 537.35 feet;.
North 60' 29' East, 664.95 feet;
;forth 69° 29' East. 149.05 fee--;
North 85° 16' East, 640.55 feet to a point on the Easterly boundary
of Lot 6 in Section 28, T 8 S. R 1 W, H.D.B. & M.;
thence along said Lot line South 0' 05' West, 962.17 feet to the
Southeast corner of the Southwest 1/4 of Section 28; T 8 S, R 1 W, H.D.B.
& M;
thence along the section line between Sections 28 and 33, T 8 S R 1 W.,
M.D.B. & M, North 88. 38' West, 1571.78 feet to the point of beginning.
CONTAINING 26.47 acres, more or less, and being a part of Lots 4 and 6 in
Section 28, T 8 S R 1 W, H.D.B. & H.
2A. ALSO EXCEPTING THEREFROM that portion thereof described in the Deed
Yom Novitiate of Los Gatos, to Santa Clara Valley Water Conservation
District, recorded November 7, 1952 in Book 2522 of Official Records at
page 420, described as follows:
Beginning at the 'section corner common to Sections 28, 29, 32 and 33,
T 8 S R 1 W., H.D.B. & M;
thence Northerly and along the Section line, North and South between
Sections 28 and 29, T 8 S R 1 W., M.D.B. & M;
North 654.66 feet to the point of intersection of said last mentioned
u .z
section line with the center Line of a 20 foot right of way hereinbefore
t=
conveyed to Santa Clara Valley Water Conservation District;
±�
. thence leaving said mentioned section line, North 85' 04' East 2181.91
feet and North' 850 16' East 640.55 feet to a point on the 1/4 section line
le
running North and South through the center of Section 28, T 8 S R 1 W.,
H.D.B. & M;
thence Southerly and along the last mentioned 114 Section line, South
0' 05' West 962.17 feet to the 114 section corner on the South boundary
of Section 28, T 8 S R 1 W., H.D.B. & M;
Page of
continued...
thence Westerly and along the section line running Past and West between
sections 28 and 33, T 8 S R L-W., M.D.B. L H;
North 88' 38' West 2811.60 feet to the place of beginning.
CONTAIkNG 52.232'acres of land. more or less.
EXCEPTING THEREPIM Pareel 1 of lands conveyed herebefore to Santa Clara
Valley Water Conservation District. by Deed recorded September 26, 1951
in Book 2290, Official Records, page 207.
EXCEPTING THEREFROM ALL THAT PORTION OF PARCELS ONE, TWO, THREE AND
FOUR LYING EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 28 AND NORTHERLY OF A LINE DRAWN PARALLEL AND 20 FEET
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN
TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. 6c M. AND RUNNING THENCE ALONG
THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55
FEET TO THE CENTERLINE OF A ROAD AND THE POINT OF BEGINNING FOR THIS
DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 0° 12' 40" WEST, 2401.91
FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33;
THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES:
THENCE
SOUTH
750
35'
50"
EAST
31.01
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
420
05'
40"
EAST
33.05
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
300
Olt
00"
WEST
23.62
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
560
34'
10"
WEST
24.31
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
710
23'
20"
WEST
26.66
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
790
13'
50"
WEST
49.81
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
540
05'
30"
WEST
34.10
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
110
32'
10"
EAST
33.75
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
510
02'
30"
EAST
26.32
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
710
29'
20"
EAST
49.30
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
730
59'
20"
EAST
35.78
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
830
58'
10"
EAST
18.68
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
830
14'
00"
EAST
68.44
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
690
31'
50"
EAST
40.17
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
630
21'
00"
EAST
50.64
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
570
59'
30"
EAST
33.50
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
656
19'
10"
EAST
33.86
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
590
35'
50"
EAST
29.39
FEET
TO
AN IRON PIPE;
THENCE
NORTH
470
21'
10"
EAST
51.52
FEET
TO
AN IRON PIPE;
THENCE
NORTH
320
52'
00"
EAST
51.06
FEET
TO
A
RAILROAD
SPIKE;
°'a+
THENCE
NORTH
430
08'
20"
EAST
31.78
FEET
TO
A
RAILROAD
SPIKE;
Orr
THENCE
NORTH
520
45'
30"
EAST
62.48
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
430
29'
50"
EAST
83.42
FEET
TO
A
RAILROAD
SPIKE;
-4
THENCE
NORTH
610
24'
40"
EAST
45.48
FEET
TO
A
RAILROAD
SPIKE;
}
THENCE
NORTH
790
57'
00"
EAST
49.55
FEET
TO
A
RAILROAD
SPIKE;
'^
THENCE
NORTH
840
05'
50"
EAST
138.65
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
750
28'
20"
EAST
44.70
FEET
TO
A
RAILROAD
SPIKE;
THENCE
NORTH
650
51'
30"
EAST
24.10
FEET
TO
A
RAILROAD
SPIKE;
(5)
�:xHia�T
Page �of
THENCE
NORTH
550
17'
00"
EAST
42.54
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
670
31'
30"
EAST
39.67
FEET
TO
AN IRON PIPE;
THENCE
NORTH
720
591
10"
EAST
64.61
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
080
461
10"
WEST
63.97
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
070
401
30"
EAST
68.37
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
230
30'
40"
EAST
44.36
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
280
50'
30"
EAST
84.79
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
430
441
40"
EAST
34.93
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
78°
20'
50"
EAST
23.96
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
840
31'
20"
EAST
23.62
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
730
271
30"
EAST
141.13
FEET
TO
A
RAILROAD SPIKE,
THENCE
NORTH
820
34'
50"
EAST
32.65
FEET
TO
AN
IRON PIPE;
THENCE
NORTH
860
251
30"
EAST
38.92
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
770
411
30"
EAST
88.11
FEET
TO
AN
IRON PIPE;
THENCE
SOUTH
690
52'
50"
EAST
68.42
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
630
021
50"
EAST
133.66
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
880
461
00"
EAST
26.20
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
370
07'
10"
EAST
22.09
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
036
41'
20"
EAST
23.26
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
060
43'
30"
WEST
75.20
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
010
21'
40"
WEST
123.70
FEET TO
A
RAILROAD SPIKE;
THENCE
NORTH
130
071
20"
WEST
80.94
FEET
TO
AN
IRON PIPE;
THENCE
NORTH
020
51'
30"
EAST
67.25
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
100
011
10"
EAST'
46.56
FEET
TO
AN
IRON PIPE;
THENCE
NORTH
140
02'
30"
EAST
35.33
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
250
33'
10"
EAST
^5.53
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
480
13'
10"
EAST
104.63
FEET
TO
AN
IRON PIPE;
THENCE
NORTH
520
261
10"
EAST
60.00
FEET;
THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING
COURSES:
THENCE
NORTH
010
00'
00"
WEST
37.00
FEET;
THENCE
NORTH
100
00'
00"
EAST
165.00
FEET;
THENCE
NORTH
400
00'
00"
EAST
100.00
FEET;
THENCE
NORTH
760
00'
00"
EAST
90.00
FEET;
THENCE
SOUTH
800
00'
00"
EAST
80.00
FEET;
THENCE
SOUTH
620
001
00"
EAST
210.00
FEET;
THENCE
SOUTH
820
00'
00"
EAST
65.00
FEET;
THENCE
NORTH
620
001
00"
EAST
65.00
FEET;
THENCE
NORTH
470
00'
00"
EAST
575.00
FEET;
THENCE
NORTH
730
001
00"
EAST
129.86
FEET, TO THE NORTH -SOUTH
QUARTER SECTION LINE
OF
SAID SECTION
28.
ALSO EXCEPTING THEREFROM:
That portion of Parcels One, Two, Three and Four described as follows:
Beginning at the quarter corner common to Section 28 & 29 in Township 8 South, Range
1 West, M.D.B.&M. And ntnning Thence along the line common to said Sections 28 &
29 South 0® 121 40" East, 257.88 Feet; Thence North 75° 351 50" West, 200 Feet;
Thence North 200 461 30" East; 543 Feet more or less to the line common to Sections 28
& 29; Thence Southerly along the line common to section 28 & 29, 300.00 Feet m
or less to the Point of Beginning. , H e 3 8 T
or
ray
RESOLUTION NO. 84 -5
TOWN OF LOS GATOS
PLANNING COMMISSION
A RESOLUTION OF THE TOWN OF LOS GATOS PLANNING COMMISSION
FINDING THAT THE PROPOSED ACCEPTANCE OF A GRANT OF AN OPEN -SPACE EASEMENT
BY THE T014N COUNCIL ON PROPERTY KNOWN AS THE "NOVITIATE"
IS CONSISTENT WITH THE TOWN'S GENERAL PLAN AND
THE LOS GATOS HILLSIDE SPECIFIC PLAN
WHEREAS, the Town Council in accordance with Government Code Section
51085 referred the open -space easement on the Novitiate property to the Planning
Commission for a report, and
WHEREAS, on September 26, 1984, the Planning Commission reviewed the
documents setting forth the terms of the open -space easement and the map showing
its extent, and
WHEREAS, the Planning Commission compared this information to the Town's
currently adopted General Plan, the Revised General Plan that the Planning Com-
mission has recommended to the Town Council for adoption and the adopted Los
Gatos Hillside Specific Plan.
RESOLVED: The Town of Los Gatos Planning Commission finds that the pro-
posed grant of an open -space easement as shown on Exhibit A attached hereto and
made a part of this resolution, is consistent with the current Town of Los Gatos
General Plan (last amended March 15, 1931) in that the Environmental Resources
Management Element:
a. Classifies lands to he preserved as open -space and the proposed easement
fits into the following categories:
"Lands, marsh and water areas for fish and wildlife refuge. Such lands
are essential to the life cycle of natural species or natural processes."
"Natural amenities such as ridgelines and major topographic features that
are visible from major population centers or that are accessible to large
groups of people."
"Land to protect the quality of water resources (including both ground
water resources and reservoirs). These are lands outside of those used
directly for water storage, but if they were to be developed they could
compromise the quality of ground water runoff which would have eventually
found its way to become a water resource."
"Open areas to preserve airshed quality where development would result in
unusual and serious degradation of the overall air quality in the region
or where even normal emissions would have an unusually severe effect be-
cause of airshed characteristics."
"Lands for outdoor recreation suitable for passive and active outdoor
recreational pursuits."
EXHIBIT "B"
"Lands to prevent inefficient urbanization, lands that are out of the
Town's urban service area boundary or are without existing water,
sewerage, fire protection or other public services, or have such
topographical conditions that they cannot be developed without public
subsidy."
b. Lists the following goals and policies for open space lands, which should be
applicable to the proposed easement.
Goals: "Preserve natural resources for the protection of native
ecosystems and man's material needs."
"Conserve and protect open spaces which are vital as
wildlife habitat, have historical or cultural
significance, have unique geological features or represent
a natural community amenity."
"Provide open space for passive and active outdoor
recreation uses."
"Prevent inefficient urbanization and preserve and enhance
Town identity."
Policies: "Coordinate with all levels of government in utilizing
available resources for the development of open space to
satisfy the various recreation needs."
::n- emaLUre anfJ unnecessary con -ints'.ol oTl Open space land
to urban uses should be discouraged in order to diminish
noncontiguous development patterns which unnecessarily in-
crease the costs of community services."
Includes as an implementation measure that the Town is authorized by law to
accept grants of open -space easements for the preservation of open space.
FURTHER RESOLVED: The Town of Los Gatos Planning Commission finds that
the proposed grant of an open -space easement as shown on Exhibit A attached
hereto and made a part of this resolution, is consistent with the Los Gatos
'Hillside Specific Plan (last amended May 21, 1984), shows the Novitiate property
as open space on Figure 3, Trails and Open Space Plan and includes the following
findings, goals, policies and implementation measures which are applicable to
the proposed easement:
Finding: "The hillsides provide a natural scenic resource for
residents of the study area of Los Gatos, and of Santa
Clara Valley as a whole. It forms a scenic backdrop which
is visible from much of the urbanized North Valley area.
Retention of this scenic resource through proper hillside
residential controls has both an aesthetic and economic
impact upon the local community, both Town and County."
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Goal: "Preservation of large areas of the study area for appro-
priate kinds of open space, with appropriate consideration
of costs to the public."
Policies: "Open Space Easements: Open space easements shall be re-
quired by the deciding body for hillside subdivisions in
accordance with the topographical, ecological, aesthetic
and other conditions pertinent to the making of such
easements."
"Open Space: This plan supports the Mid - Peninsula Region-
al Open Space District in its search for and acquisition
of sites within the study area."
Implementation: "Open Space Easements: Open space easement policies shall
be implemented for each subdivision or Planned Development
application to protect creeks, ridgelines, stands of
trees, scenic views, hazardous areas, and to provide for
trails."
"Open Space: Periodic reports on its investigations and
activities by the Mid - Peninsula Open Space District shall
be requested and, when possible, acted upon."
FURTHER RESOLVED: The Town of Los Gatos Planning Commission finds that
the proposed grant of an open -space easement as shown on Exhibit A attached
hereto and made a part of this resolution, is consistent with the Revised Gener-
al Plan as recon-lended by the Planning Commission on July 27, 1983, shows the
Novitiate property as open space on Figure 7.1, the Open Space Plan, and
includes the following findings, issues, goals, policies and implementation
measures:
Finding: "Midpeninsula Regional Open Space District - The Town has
encouraged acquisition of properties by the Midpeninsula
Regional Open Space District and has also joined with the
District for the purchase of the Novitiate property."
Issues: "Can there he a balance between developed and natural open
space ?"
"Is there adequate access to open space, especially re-
gional open space ?"
"How to maximize preservation of open space in the
hillsides ?"
Goals: "To use open space to preserve the natural environment,
scenery and agricultural lands."
"To use open space to define boundaries of the Town and
scenic roadways."
MM
Policies: "Preserve open space character of prominent visible hill-
side lands."
"Protect the natural ridgelines as defined in the Hillside
Specific Plan."
"Promote coordination with all levels of government in u-
tilizing available resources for the development of open
space to satisfy recreation needs."
"Preserve open space in hillside areas as natural open
space."
"Preserve the irreplaceable natural environment of the
mountains."
"Define the Town's southern boundary by passive open
ATTEST:
/s/ Leer E. Bowman
L L . NI
Secretary
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space."
"Use open space to protect unique natural features."
Implementation:
"An acquisition program shall be instituted consistent
with the Housing Element and policy which includes, fee
purchase, easement dedications and land donations. Areas
to be considered: Novitiate, hillside open space, addi-
tional park sites, unused closed school sites and large
land - locked parcels."
"In all hillside developments, require the dedication of
open space in fee or as an easement to protect unique nat-
ural features and to preserve the rural atmosphere."
"Hillside open space shall not be developed into a park."
PASSED AND ADOPTED
this 25th day of September, 1984, by the following vote:
AYES:
Commissioners Gherardi, Holding, Laub, Morgan
and Smith
NOES:
None
ABSENT:
Commissioners Burbank, Grimes, Ridley and Spector
ABSTENTIONS:
None
/s/ Kathryn Morgan
at ryn Morgan, Vice7hairman
Town of Los Gatos Planning Commission
ATTEST:
/s/ Leer E. Bowman
L L . NI
Secretary
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