1984-178-Referring To Planning Commission The Grant Of Park, Recreation, Scenic And Open Space Easement From The Midpensula Regional Open Space District To The TownRESOLUTION NO. 1984 -178
RESOLUTION OF THE TOWN OF LOS GATOS REFERRING TO THE
PLANNING COMMISSION THE GRANT OF PARK, RECREATION,
SCENIC AND OPEN SPACE EASEMENT FROM THE
MIDPENII4SULA REGIONAL OPEN SPACE DISTRICT TO THE TOWN
WHEREAS, the Town Council of the Town of Los Gatos passed Town of Los
Gatos Resolution No. 1984 -159 approving the Agreement in Compromise and
Settlement of Disputed Claims covering the acquisition of certain real
property owned by the California Province of the Society of Jesus for
park, recreational and open space purposes;
WHEREAS, Section 8 of said Agreement provides that certain of the real
property will be acquired in fee title by the Midpeninsula Regional Open
Space District ( "MROSD ") and that MROSD will forthwith upon its acquisi-
tion of title to the Fee Conveyance cause it to be dedicated for open
space purposes and shall convey a park, recreation, scenic and open space
easement to the Town as provided in the Joint Powers Agreement between
MROSD and Town, dated April 20, 1981, as finally amended on or about June
9, 1982;
WHEREAS, MROSD will comply with said agreement by conveying the grant
of Park, Recreation, Scenic and Open Space Easement, attached hereto as
Exhibit "A," and incorporated by reference herein; and
WHEREAS, in accordance with Government Code Section 51085 the Town
Council shall not accept the grant of an open space easement without
referring the matter to the Planning Commission for determination of con-
sistency with the General Plan;
NOW, THEREFORE, BE IT RESOLVED By the Town Council that the open space
easement to be granted to the Town as set forth in Exhibit "A" be referred
to the Planning Commission to determine its consistency with the Town
General Plan, such determination to be made for report to the Town Council
no later than October 15, 1984.
PASSED AND ADOPTED at a _r_e ular meeting of the Town Council of
the Town of Los Gatos held on _the 1st day of ___.October , 1984
by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS
PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT
WHEREAS, the Midpeninsula Regional Open Space District,
a public district, hereinafter referred to as "DISTRICT," and the
Town of Los Gatos, a political subdivision of the State of Cali-
fornia, hereinafter referred to as "TOWN ", have heretofore entered
into that certain Amended Joint Powers Agreement dated October ,
1984.
WHEREAS, pursuant to which agreement, TOWN and DISTRICT
agreed to participate jointly in purchase costs and fees associated
with acquisition of the proposed "Los Gatos Creek Park "; the fee
title area of which is described in Exhibit "I ", as attached hereto
and incorporated herein by this reference (hereinafter called
Subject Property or Property); and
WHEREAS, TOWN and DISTRICT desire that said Sa ject _c -pe =y_
shall forever remain as part of the parks, recreational, ecological
and aesthetic resource of the Midpeninsula area; and
WHEREAS, it is now the desire and intention of TOWN and
DISTRICT, pursuant to said Amended Joint Powers Agreement, that the
lands described in said Exhibit "I" be made subject to an easement
for park, recreation, scenic and open space purposes for the benefit
of TOWN, its successors and assigns.
NOW, THEREFORE, in consideration of the substantial payment
being made toward the purchase of the Subject Property by the parties,
the public benefit to be derived therefrom, and in order to insure
that the Subject Property will be preserved in perpetuity, DISTRICT
hereby grants to TOWN, and TOWN hereby accepts from DISTRICT an
easement upon, on, over, under, and across the Subject Property as
described in said Exhibit "I" for parks, recreation, scenic and open
space purposes, upon the following terms and conditions:
EAVIBIT "A"
Park Easement Page 2
1. District Covenants. DISTRICT hereby covenants and
agrees, for itself and its successors and assigns, that all of the
Subject Property as described and managed in Exhibit "I" shall be
forever used and operated as, and maintained and managed for, open
space, wilderness, nark, agricultural, watershed, scenic, low
intensity recreation, or similar purposes (hereafter referred to
as "Permitted Uses ") and for no other uses or purposes inconsistent
therewith, all as contemplated by or in accordance with the follow-
ing exce -tpt from DISTRICT's Basic Policy as adopted by DISTRICT's
Board of Directors on March 27, 1974, to wit:
"The District will follow a land management
policy that provides proper care of open
space land, allowing public access appropri-
ate to the nature of the land and consistent
with ecolocical values."
2. Permitted Uses. Open space and low intensity recrea-
tional use, or Permitted Uses, which are allowed under the terms and
conditions of this Easement without further restriction include,
but are not limited to, the following:
a) Pedestrian hiking trails
b) Equestrian riding trails
c) Casual public picnicking
d) Portable sanitary facilities for use of Subject Property
e) Nature study and environmental education
f) Photography
g) Public water facilities for use of Subject Property
h) Rite flying
i) Scenery painting
j) Wildlife observation
k) Compatible agricultural uses
1) Meditating
m) Unpaved public parking areas
m) Primitive campsites (back pack camping)
Park Easement Page 3
DISTRICT shall plan, design and develop such facilities as are
reasonably necessary for public use and enjoyment of said Property
for open space or Permitted Uses as defined above. TOWN shall have
the right of design review and recommendation privileges on any and
all open space development subject to the terms of Paragraph 3 herein.
With regard to open space development of said Property, an applica-
tion for design review and recommendation shall be made by DISTRICT
to TOWN.
The application shall include a site plan showing the location of
all proposed trails, planted or landscaped areas, proposed grading
or other development or improvements, and indicating the proposed
uses or activities on the Property.
Within 60 days from the filing of the application with TOWN, TOWN
shall review the site plan and drawings and shall make its recom-
mendations based upon the following objectives:
a) To ensure construction and operation in a manner that
will be orderly, harmonious, and compatible with
existing or potential uses of adjoining or nearby
sites.
b) To ensure that sound principles of environmental design
and ecological balance shall be observed.
c) To ensure adherence to the terms, conditions and pur-
poses of this Easement and the above definition of open
space or low intensity recreational use (Permitted Uses.)
3. TOWN's Recommendations Advisory Only. DISTRICT, for
the purpose of this Easement, shall consider but shall be free to
accept or reject the recommendations of TOWN resulting from the
Park Easement
Page 4
design review referred to in Paragraph 2 above. However, nothing
herein shall limit the rights of TOWN or other governmental agencies
having jurisdiction over the Subject Property as provided by law,
ordinance or other source.
4. Prohibited Uses. Use and development of the Subject
Property which would significantly change or compromise scenic or
natural values shall be prohibited, except as to those Permitted
Uses referred to in Paragraph 2 above. DISTRICT hereby covenants
and agrees that the Subject Property shall not be used for any of
the following purposes:
a) Construction or maintenance on or within the Subject
Property of advertising signs of any kind or nature,
except for identification purposes consistent with
the public use of said Property for parks, recreation,
scenic and open space purposes as defined herein.
b) Commercial extraction of minerals or natural resources
from the land.
c) Construction of any residential, commercial or industrial
structure, including, without limitation, any hotel, inn,
condominium, town house, or rental apartment project,
except for the possible limited residential use by
personnel engaged in maintenance and patrol of the
Subject Property for purposes consistent with this
Easement.
d) Operation on the Subject Property of any motor bike,
trail bike, go -cart or other motor- driven or powered
vehicles except those motor - driven or powered vehicles
reasonably necessary for DISTRICT to use, develop,
patrol or maintain the Subject Property or by
Park Easement Page 5
the public to reach the recreational facilities
provided, but in accordance with the Permitted Uses
pursuant to the terms, conditions, restrictions and
covenants set forth for the Subject Property herein.
e) Dumping or placing of any public trash, waste or
garbage, except in receptacles maintained by DISTRICT
or TOWN.
f) Use of firearms, airguns or dangerous weapons by the
public.
g) Hunting or exploitation of natural wildlife, except
when required for public health and safety.
h) Commercial cutting of standing timber other than for
LubiLc safety or cor.SZS ten t pu''__c purposes.
i) Planting of vegetation on the Subject Property, except
for approved soil management, erosion control, refor-
estation, compatible agricultural uses and planting
of native California vegetation, and normal landscaping
and screening of park and recreation areas and public
facilities in connection therewith, consistent with
the intent and purpose of this Easement.
j) Excavation or other topographic changes except for
specific park, recreation and open space projects
consistent with the intent and purpose of this Easement.
The general topography of the Subject Property shall be
maintained in its present condition.
Park Easement
O 'i
k) Use of the Subject Property which does or will
materially alter the natural landscape or open space
character of the Subject Property other than those
Permitted Uses enumerated herein.
1) Any use other than parks, recreation, scenic or open
space uses as provided herein.
M) The development of said Property for any amusement or
"theme park" or any use that would require more than
five percent (5%) of the total land area to be paved
or otherwise developed with impervious surface (roads,
parking lots, roofs, or similar development).
n) Use of fireworks and pyrotechnics.
o) Hang gliding or parachuting.
5. Easement Intent. It is the intent of this Easement to
prohibit any development or physical improvements which would impair
the visual resource of said!Subject Property, and to limit the use
and development on the Subject Property to those Permitted Uses
referred to in Paragraph 2 hereinabove. All other uses and develop-
ment on the Subject Property, except those uses prohibited in
Paragraph 4 hereinabove, shall also be prohibited unless specifically
and mutually considered and approved by TOWN, by action of its Town
Council, and DISTRICT, by action of its Board of Directors.
6. Condemnation. If the Property described herein is
sought to be acquired, appropriated or condemned for another public
use by any public or quasi - public entity, the presumptions contained
in Section 1240.680 of the Code of Civil Procedure and Section
5542.5 of the Public Resource Code shall apply and be asserted.
Park Easement
Page 7
7. Remedies Upon Default.
a) In the event the DISTRICT, or any successor in interest
of the DISTRICT, breaches or violates any of the
covenants, conditions, or restrictions contained herein,
TOWN, pursuant to action by the Town Council, shall
give the then record owner of the Subject Property
written notice of such breach or violation. Any such
notice shall specify with particularity the nature
of the breach or violation claimed and shall set forth
in detail the action which the party giving such notice
requests be taken in order to cure the claimed breach
or violation.
b) If such breach or violation continues uncured for a
period of sixty (60) days or more after the giving of
such notice, TOWN shall have the right to prosecute
any proceeding at law or in equity against the then
record owner of the Subject Property or any other
person violating, attempting to violate, or breaching
any of the provisions contained herein, in order to
prevent the violating or breaching party or any such
person from violating or attempting to violate or
breach any of the covenants, conditions, or restrictions
contained herein. The remedies available under this
Paragraph shall include, by way of illustration, but
not limitation, ex parte applications for temporary
restraining orders, preliminary injunctions, and
permanent injunctions enjoining or remedying any such
violation or breach or attempted violation or breach.
c) If TOWN or DISTRICT, or any successor of DISTRICT
shall brina an action against any of the other parties
hereto by reason of the violation or breach of any
covenant, condition, or restriction contained herein,
Park Easement
Page 8
or otherwise arising out of the terms of this Easement,
the prevailing party in such suit or proceeding (as
determined by the Court) shall be entitled to recover
attorneys' fees which shall be payable whether or not
such action or proceeding is prosecuted to judgment,
provided that no award of attorneys' fees shall be
rendered against either party unless the court finds
that such party's action or inaction is willful and in
bad faith.
8. Binding on Successors. It is further understood and
agreed that this Easement and each and every term, condition, restric-
tion and covenant contained herein is.made and intended for the
benefit of TORN, its successors and assigns, and that it constitutes
an enforceable restriction. This Easement is expressly intended
by To N and DISTRICT to run with the land described in Exhibit "I ",
to constitute an equitable servitude tbernin, and shall bind each
and every successive owner of said Property, or of any interest
therein, and shall be enforceable by TOVM , its successors and assigns.
9. Mortgagee Protection. No breach or violation of any
Of the covenants, conditions or restrictions contained herein shall
defeat, render invalid, diminish, or impair the lien of any mortgage
or deed of trust made in good faith and for value encumbering the
Subject Property or any portion thereof, but all of the covenants,
conditions and restrictions contained herein shall be binding upon
and effective against each owner of the Subject Property, or any
portion thereof whose title hereto is acquired by foreclosure,
trustee's sale, or otherwise.
10. Severability. Invalidation of any one or more of the
covenants, conditions, restrictions, or other provisions contained
herein by judgment or court order shall not invalidate any of the
Park Easement
Page 9
other covenants, conditions, restrictions, or other provisions
contained herein and the same shall remain in full force and effect.
11. Amendment and Termination. This Easement shall be
effective as of the date of recordation hereof in the Office of
the Santa Clara County Recorder, and may, with written consent of
DISTRICT, be amended in whole or in part or terminated only by a
written instrument executed by TOWN, or any successor of TOWN
(by reorganization or otherwise), pursuant to resolution adopted
by the Town Council of Los Gatos in behalf of and for the owners
and occupants of all other parcels or real property located in the
TOWN, and by all of the then record owners thereafter recorded in
the Office of the Santa Clara County Recorder. Nothing herein
shall be deemed to require the approval or consent of any other
owner or occupant of any other parcel of real property located in
the Town of Los Gatos for such amendment, in whole or in part,
cr =or cre termination of this Easement.
12. Failure to Enforce Not a Waiver. The failure of TOWN
or its successor to enforce any of the provisions contained herein
shall in no event be deemed a waiver of the right to do so there-
after, nor of the right to enforce any other provision hereof.
13. Discretion of DISTRICT. It is acknowledged by the
parties that DISTRICT is a public agency governed by an elected
Board of Directors which is charged with the management of its lands
pursuant to the California Public Resources Code (see, e.g., Sections
5541, 5565). It is not the intent of the parties to limit said
Board's good faith exercise of discretion in its effort to enforce
rules, regulations or policies pursuant to this Easement upon or
with respect to the Subject Property.
Park Easement
TOWN OF LOS GATOS
By:_
Mayor
ATTEST:
Town Clerk
Page 10
MISPENINSULA REGIONAL OPEN SPACE
DISTRICT
By:
President, Board of Directors
ATTEST:
District Clerk
Date: Date:
PARK EASEMENT - Legal Description
Exhibit I, Page 1 of 7
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 (NE 1/4 ) OF SECTION TWENTY -
NINE (29) IN TOWNSHIP EIGHT SOUTH, RANGE 1 WEST, M.D.B. & M., LYING EASTERLY
OF THE EASTERLY LINE OF ASSESSMENT LOT NO. 79, AS SAID EASTERLY LINE
IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 72 SAN JOSE WATER
WORKS LANDS ", WHICH MAP 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 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 M.D.B. do M.
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.
ALSO EXCEPTING THEREFROM:
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:
COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 20, 21, 28, AND
29 OF TOWNSHIP 8 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
THENCE SOUTH 890 15' EAST ON AND ALONG THE SECTION LINE COMMON
TO SAID SECTIONS 21 and 28, A DISTANCE OF 880 FEET, TO THE TRUE POINT OF
COMMENCEMENT OF THE PARCEL OF LAND HEREIN DESCRIBED,
THENCE FROM SAID TRUE POINT OF COMMENCEMENT, SOUTHERLY, AT RIGHT
ANGLES TO SAID SECTION LINE, A DISTANCE OF 325 FEET,
THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION
LINE), A DISTANCE OF 150 FEET,
THENCE AT RIGHT ANGLES, SOUTHERLY, A DISTANCE OF 310 FEET,
PARK EASEMENT - Le5a1 Description
Exhibit I, Page 2 of 7
THENCE
AT RIGHT ANGLES,
LINE), A DISTANCE
OF 185 FEET,
THENCE
AT RIGHT ANGLES,
THENCE
AT RIGHT ANGLES,
LINE), A DISTANCE
OF 55 FEET,
THENCE
AT RIGHT ANGLES,
POINT IN THE
SAID SECTION LINE
THENCE
NORTH 890 15' WEST
OF 390 FEET,
TO THE TRUE POINT
AND BEING A
PORTION OF LOT
SECTION 28.
EASTERLY, (AND PARALLEL TO SAID SECTION
NORTHERLY, A DISTANCE OF 210 FEET,
EASTERLY, (AND PARALLEL TO SAID SECTION
NORTHERLY, A DISTANCE OF 425 FEET TO A
COMMON TO SAID SECTIONS 21 AND 28,
ON AND ALONG SAID SECTION LINE, A DISTANCE
OF COMMENCEMENT, CONTAINING 4.35 ACRES,
1 (NORTHWEST 1/4, NORTHWEST 1/4) OF SAID
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
WEST, M.D.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 WIDE, AS SHOWN ON THE MAP OF
TRACT NORTH 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 YIAP;
THENCE NORTH 890 39' WEST 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 "W" 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, ARROYA VISTA, FILED JULY 8, 1946, BOOK 11 OF MAPS, PAGE
14, RECORDS OF SANTA CLARA COUNTY;
THENCE NORTH 890 36' 42" WEST ALONG THE SOUTHERLY LINES OF LOTS 7
AND 8 OF SAID TRACT NO. 330, ARROYA 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 COMPANY, THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 90 54' 32" EAST, 232.98 FEET TO A ONE INCH PIPE;
AND SOUTH 70 35' 28" WEST 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
2969 OFFICIAL RECORDS, PAGE 49;
THENCE ALONG THE EASTERLY LINE OF SAID 0.117 ACRE PARCEL OF LAND
THE FOLLOWING COURSES AND DISTANCES:
SOUTH 170 13' 23" EAST, 34.85 FEET TO A C.H.C. MONUMENT AND SOUTH 170
49' 21" WEST, 176.84 FEET TO A ONE INCH IRON PIPE SET AT THE MOST SOUTHERLY
corner THEREOF;
THENCE SOUTH 40 46' 14" EAST 171.90 FEET;
THENCE SOUTH 800 18' 00" EAST 255.48 FEET TO A ONE INCH IRON PIPE;
THENCE NORTH 260 13' 19" EAST 34.88 FEET TO A ONE INCH IRON PIPE;
THENCE NORTH 380 00' 19" EAST 29.00 FEET TO A ONE INCH IRON PIPE;
PARK EASEMENT - Legal Description
Exhibit I, Page 3 of 7
THENCE
NORTH
280
55'
TO
A ONE INCH IRON
19"
EAST
63.59
THENCE
NORTH
270
25'
EAST
28.42
FEET
TO
A ONE INCH IRON
THENCE
NORTH
330
40'
TO
A ONE INCH IRON
THENCE
NORTH
370
15'
THENCE
NORTH
670
27'
19"
EAST
11.23
FEET
TO
THENCE
NORTH
300
25'
19"
EAST
73.55
FEET
TO
THENCE
NORTH
350
05'
19"
EAST
17.95
FEET
TO
THENCE
NORTH
430
55'
19"
EAST
46.15
FEET
TO
THENCE
NORTH
370
40'
19"
EAST
13.93
FEET
TO
THENCE
NORTH
230
55'
19"
EAST
28.35
FEET
TO
THENCE
NORTH
180
05'
19"
EAST
31.06
FEET
TO
THENCE
NORTH
210
35'
19"
EAST
18.04
FEET
TO
THENCE
NORTH
350
40'
19"
EAST
15.16
FEET
TO
THENCE
NORTH
460
25'
19"
EAST
14.35
FEET
TO
THENCE
NORTH
510
35'
19"
EAST
47.55
FEET
TO
THENCE
NORTH
460
40'
19"
EAST
25.72
FEET
TO
THENCE
NORTH
400
15'
19"
EAST
51.30
FEET
TO
THENCE
NORTH
420
40'
19"
EAST
63.83
FEET
TO
THENCE
NORTH
460
50'
19"
EAST
26.84
FEET
TO
THENCE
NORTH
350
55'
19"
EAST
9.32
FEET
TO
THENCE
NORTH
280
15'
19"
EAST
9.61
FEET
TO
THENCE
NORTH
200
25'
19"
EAST
69.18
FEET
TO
THENCE
NORTH
120
30'
19"
EAST
9.73
FEET
TO
THENCE
NORTH
60
05'
19"
EAST
23.58
FEET
TO
19"
EAST
93.27
FEET
TO
A ONE INCH IRON
19"
EAST
63.59
FEET
TO
A ONE INCH IRON
19"
EAST
28.42
FEET
TO
A ONE INCH IRON
19"
EAST
40.17
FEET
TO
A ONE INCH IRON
• ONE INCH IRON
• ONE INCH IRON
• ONE INCH IRON
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
WHICH HEARS SuuTH 890 34' 43" EAST FROM THE
THENCE NORTH 890 34' 43" WEST ALONG THE EAST PROLONGATION OF THE
SOUTHERLY LINE OF LOT 1 AS SHOWN ON SAID MAP 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 NORTH 890 34' 43" WEST 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 MAP FILED JUNE 22, 1967, BOOK 224, MAPS, PAGE
21, SANTA CLARA COUNTY RECORDS.
PIPE;
PIPE;
PIPE;
PIPE;
PIPE;
PIPE;
PIPE;
ONE INCH IRON PIPE;
A ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
ONE INCH IRON PIPE;
POINT OF BEGINNING:
EXCEPTING THEREFROM: ALL THAT PORTION THEREOF LYING WESTERLY OF
THE HIGH WATER LINE OF THE EAST BANK OF THE LOS GATOS CREEK.
PARCEL THREE:
THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 29 IN TOWNSHIP
8 SOUTH , RANGE 1 WEST, M.D.B. do M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE QUARTER 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 ASSESSMENT LOT NO. 15, AS SAID LOT AND LINE ARE SHOWN AND DESCRIBED
UPON THAT 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;
PARK EASEMENT - Le,,al Description
Exhibit I, Page 4 of 7
THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ASSESSMENT LOT NO.
15, TO POINT OF INTERSECTION OF SAID EASTERLY LINE WITH THE QUARTER
SECTION LINE RUNNING EAST AND WEST THROUGH SAID SECTION 29;
THENCE EASTERLY ALONG THE LAST MENTIONED LINE 736.56 FEET, MORE
OR LESS TO THE POINT OF BEGINNING.
PARCEL FOUR:
LOTS 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 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 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 AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 28 and 33,
TOWNSHIP 8, SOUTH, RANGE 1 WEST, M.D.B. do M., SAID POINT LYING SOUTH 880
38' EAST 1239.92 FEET FROM SECTION CORNER 29/28 TOWNSHIP 8 SOUTH RANGE
1 WEST M.D.B. & M.; 30,E
THENCE LEAVING SAID POINT OF BEGINNING THE FOLLOWING COURSES AND
DISTANCES:
NORTH 230 43' EAST, 537.35 FEET;
NORTH 600 29' EAST, 664.95 FEET;
NORTH 690 29' EAST, 149.05 FEET;
NORTH 850 16' EAST, 640.55 FEET TO A POINT ON THE EASTERLY BOUNDARY
OF LOT 6 IN SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST, M.D.B. & M.;
THENCE ALONG SAID LOT LINE SOUTH 00 05' WEST, 962.17 FEET TO THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 8
SOUTH, RANGE 1 WEST„ M.D.B. & M.;
THENCE ALONG THE SECTION LINE BETWEEN SECTION 28 and 33, TOWNSHIP
8 SOUTH RANGE 1 WEST., M.D.B. & M., NORTH 880 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, TOWNSHIP 8 SOUTH RANGE 1 WEST, M.D.B. & M.
2A. 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 28, 29, 32 AND 33,
TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.;
n
PARK EASEMENT - Legal Description
Exhibit I, Page b of 7
THENCE NORTHERLY AND ALONG THE SECTION LINE, NORTH AND SOUTH
BETWEEN SECTIONS 28 AND 29, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.;
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;
THENCE LEAVING SAID MENTIONED SECTION LINE, NORTH 850 04' EAST 2181.91
FEET AND NORTH 850 16' EAST 640.55 FEET TO A POINT ON THE QUARTER
SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION
28, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. do M.;
THENCE SOUTHERLY AND ALONG THE LAST MENTIONED QUARTER SECTION
LINE, SOUTH 00 05' WEST, 962.17 FEET TO THE QUARTER SECTION CORNER ON
THE SOUTH BOUNDARY OF SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B.
6c M.;
THENCE WESTERLY AND ALONG THE SECTION LINE RUNNING EAST AND WEST
BETWEEN SECTIONS 28 AND 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.;
NORTH 880 38' WEST 2811.60 FEET TO THE PLACE OF BEGINNING.
CONTAINING 52.232 ACRES OF LAND, MORE OR LESS.
EXCEPTING THEREFROM PARCEL 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
SE TSON 28 AND NORTHERLY OR LEFT 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. & 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
31.01
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
420
05'
40"
EAST
33.05
FEET
TO
A
RAILROAD
SPIKE;
THENCE
SOUTH
300
01'
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
650
19'
10"
EAST
33.86
FEET
TO
A
RAILROAD
SPIKE;
PARK EASEMENT - Leb.l Description
Exhibit I, Page 6 of 7
a
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;
THENCE
NORTH
430
08'
20"
EAST
31.78
FEET
TO
A
RAILROAD SPIKE;
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;
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;
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
59'
10"
EAST
64.61
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
080
46'
10"
WEST
63.97
FEET
TO
AN IRON PIPE;
THENCE
SOUTH
070
40'
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
44'
40"
EAST
34.93
FEET
TO
A
RAILROAD SPIKE;
THENCE
SOUTH
780
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
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
770
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
630
02'
50"
EAST 133.66
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
060
43'
30"
WEST
75.20
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
010
21'
40"
WEST123.70
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
130
07'
20"
WEST
80.94
FEET
TO
AN
IRON PIPE;
THENCE
NORTH
020
51'
30"
EAST
67.25
FEET
TO
A
RAILROAD SPIKE;
THENCE
NORTH
100
01'
10"
EAST
46.66
FEET
TO
AN
IRON PIPE;
THENCE
NORTH
140
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
13'
10"
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
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
00'
00"
EAST 210.00
FEET;
THENCE
SOUTH
820
00'
00"
EAST 65.00
FEET;
THENCE
NORTH
620
00'
00"
EAST 65.00
FEET;
THENCE
NORTH
470
00'
00"
EAST 575.00
FEET;
THENCE
NORTH
730
00'
00"
EAST 129.86
FEET, TO THE NORTH -SOUTH
QUARTER SECTION LINE
OF
SAID SECTION 28.
F9
PARK EASEMENT - Le�,11 Description
Exhibit I, Page 7 of 7
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 RUNNING THENCE ALONG THE LINE
COMMON TO SAID SECTIONS 28 & 29,
THENCE
SOUTH
00
12'
40"
EAST,
257.88
FEET;
THENCE
NORTH
750
35'
50"
WEST,
10.52
FEET;
THENCE
NORTH
590
59'
50"
WEST,
114.39
FEET;
THENCE
NORTH
780
01'
30"
WEST,
70.98
FEET;
THENCE
SOUTH
770
15'
50"
WEST,
37.67
FEET;
THENCE
SOUTH
340
03'
30"
WEST,
50.89
FEET;
THENCE
SOUTH
160
26'
40"
WEST,
75.05
FEET;
THENCE
SOUTH
270
18'
20"
WEST,
13.38
FEET;
THENCE
NORTH
30
14'
10"
WEST,
47.28
FEET;
THENCE
NORTH
350
33'
40"
WEST,
64.40
FEET;
THENCE
NORTH
240
15'
40"
WEST,
29.23
FEET;
THENCE
NORTH
20
24'
00"
WEST,
22.68
FEET;
THENCE
NORTH
170
30'
30"
EAST,
34.22
FEET;
THENCE
NORTH
350
07'
40"
EAST,
27.58
FEET;
THENCE
NORTH
58°
07'
30"
EAST,
48.59
FEET;
THENCE
NORTH
640
52'
10"
EAST,
25.40
FEET;
THENCE
NORTH
560
15'
10"
EAST,
41.66
FEET;
THENCE
NORTH
70°
44'
20"
EAST,
72.01
FEET;
THENCE
NORTH
290
39'
20"
EAST,
264
FEET;
MORE OR LESS TO THE LINE COMMON TO SECTIONS 28 & 29; THENCE SOUTHERLY
ALONG THE LINE COMMON TO SECTIONS 28 & 29, 199 FEET MORE OR LESS TO
THE POINT OF BEGINNING.
7