1985-044-Approving The Right-Of-Way Agreement Project 276-Los Gatos Creek Bike Path Between Blossom Hill Road And Roberts Road BridgeRESOLUTION No. 1985 -44
RESOLUTION APPROVING THE RIGHT -OF -WAY AGREEMENT
PROJECT 276 - LOS GATOS CREEK BIKE PATH BETWEEN
BLOSSOM HILL ROAD AND ROBERTS ROAD BRIDGE
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into an agreement entitled,
"Right-of-Way .Agreement ", with Edward D. Nino, a copy of which is attached hereto.
FURTHER RESOLVED, that the Mayor is authorized, and hereby directed to execute
said agreement in the name and in behalf of the T011N OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on 8th day of 1985 by the
following vote:
AYES: COUNCIL MEMBERS Fr' D Carlcnn Terrence J. Daily, Thomas_ J.
Ferrito, Brent N. Ventura and Ma or Joanne Ben'amin
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
ATTEST:
CL RK F T E TOWN OF LDS GAT�S
PLEASE RECORD AND RETURN T0.
Town Clerk
P.O. Box 949
Los Gatos, California 95031
Government Code 6103
NO FEE
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged.
Edward D. Nino grants to the TOWN OF LOS GATOS, a municipal corporation of the
State of California, the property in the County of Santa Clara, State of California,
an easement to construct, use, and maintain a pedestrian /bicycle path on and across
the following described parcel of land:
Legal Description as per EXHIBIT "A"
attached hereto and made a part herein.
Dated. / U l) B
Dated. BY,
(Acknowledgement Required)
EXHIBIT "A"
TOWN OF LOS GATOS
All that certain real property in the Town of Los Gatos, County of Santa Clara,
State of California, described as follows:
Easement "A"
A 12' wide easement, right angle measurement, the westerly line of which being more
particularly described as follows:
Beginning at an iron pipe in the center line of Roberts Road as shown on
the record of survey of Roberts Road filed in Book 151 of Maps at Page 37,
Santa Clara County Records, said iron pipe also being the most southerly
point in the center line of Roberts Road as shown on the aforesaid record
of survey; thence along the center line of Roberts Road N 110 47' 50" East,
300.00 feet to a point; thence leaving the center line of Roberts Road N
790 52' 32" West, 62.81 feet to THE TRUE POINT OF BEGINNING of this
description, said true point of beginning being in the Westerly line of the
easement to be described; thence S 00 51' 49" West, 60.86 feet; thence S 20
02' 22" East, 91.80 feet; thence S 230 27' 33" West, 51.94 feet; thence S
200 38' 50" West, 21.09 feet; thence S 130 59' 33" West, 37.73 feet; thence
S 22° 50' 27" West, 34.45 feet; thence S 25° 17' 35" West, 40.69 feet;
thence S 30° O1' 17" East, 22.98 feet; thence S 23° 41' 20" West, 48.47
feet; thence S 25° 40' 42" West, 33.17 feet; thence S 220 11' 05" West,
21.44 feet to a stake marked "11112 "; thence S 12° 04' 19" West, 52.42
feet; thence S 16° 04' 49" West, 20 feet; thence S 240 44' 00" West, 66.63
feet to the terminus of said Westerly line of this 12' wide easement.
Easement "B"
A 30' wide easement the center line of which being more particularly described
as follows:
Beginning at an iron pipe in the center line of Roberts Road as shown on
the record of survey filed in Book 151 of Maps at Page 37, Santa Clara
County Records, said iron pipe also being the most southerly point in the
center line of Roberts Road as shown on the aforesaid record of survey;
thence along the center line of Roberts Road S 150 20', W 210.10 feet to
the TRUE POINT OF BEGINNING; thence from said true point of beginning and
leaving the center line of Roberts Road N 300 02' 25 ", West 77.48' to a
staked marked "11/12" and the terminus of said 30' wide easement excluding
that portion lying within the limits of Roberts Road.
RECEIPT FOR EASEMENT
AND
RIGHT -OF -WAY AGREEMENT
GRANTOR: EDWARD D. NINO
ADDRESS: 17330 ROBERTS ROAD
LOS GATOS, CALIFORNIA 95030
A Grant of Easement covering the real property located in Los Gatos,
California and described on Exhibit "A" attached hereto and made a part
hereof has been executed and delivered to
Ronald J Zapf
Right -of -Way Agent for the Town of Los Gatos, on April 1, 1985 , subject
to the following:
1. The delivery of said grant of easement shall be effective, and
the Town of Los Gatos shall be authorized to accept and record same only
upon the approval of this Agreement by the Town Council of this Town, and
the execution thereof by its authorized representative within sixty (60)
days of the date above specified.
2. In the event that this Agreement is not approved and executed
Within sixty (60) days of the date above specified, said grant of easement
shall be returned to Grantor(s), and the right -of -way agreement shall be
null and void.
RECEIPT RANT OF EASEMENT
SUBJE TO/DESCRIBED
ABOV LS ER MWLEDGED.
AGREEMENT
IT IS MUTUALLY AGREED AS FOLLOWS:
1. Grantor guarantees that at the time of granting said easement
Grantor has full authority to do so.
2. Grantor agrees not to convey any rights to the land to any party
other than the Town of Los Gatos for sixty (60) days from the date above
specified.
3. The Town of Los Gatos agrees to construct Project 276 upon the Grantor's
property at no cost to the Grantor in exchange for an access easement for bicycle
and pedestrian path purposes. The Town will record the easement.
4. Both parties agree that this agreement defines the entire consideration in
this transaction.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
r
G OR
TOWN OF LOS GATOS
y a ri xxu
7WN CLERK, TOWN OF GWS
Date.*-,
APPROVED AS TO FORM:
Date: " — ! -- Sc�
RECOMMENDED BY:
Date: �' 8�
0
Date: - -, -:
ATTORNEY
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