1990-019-Approving Right Of Way Agreement Between The Town And Richard D. And Kathryn A. Groen And Authorizing Town Manager To Execute Said AgreementRESOLUTION 1990 - 19
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND
RICHARD D. AND KATHRYN A. GROEN AND AUTHORIZING
TOWN MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS:
The Town of Los Gatos desires to acquire certain real property for the purpose of
a public improvement described as the Town of Los Gatos Downtown Parking Assessment
District Parking Structure; and
WHEREAS:
Richard D. and Kathryn A. Gruen has executed a Right of Way Agreement between
the Town of Los Gatos and herself to convey certain real property to the Town.
BE IT RESOLVED:
By the Town Council of the Town of Los Gatos that the Right of Way Agreement
between the Town and Richard D. and Kathryn A. Groen, a copy of which is attached
hereto as Exhibit A, is hereby approved and the Town Manager is hereby authorized to
execute said document on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of January, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson
Brent N. Ventura
NAYES: None
ABSENT: None
ABSTAIN: Robert L. Hamilton, Mayor Thomas J. Ferrito
SIGNED:
MAYOR OF TH OWN OF LOS GATOS
LOS GATOS, C IFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS, CALIFORNIA
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Project: Parking Lot N0.4
Grantor: Groen
TOWN OF LOS GATOS
RIGHT OF WAY AGREEMENT
This is an agreement between the Town of Los Gatos, hereinafter
referred to as "Town" and RICHARD D. GROEN and KATHRYN A GROEN
hereinafter referred to as "Grantor" (whether singular or plural).
It is agreed between the parties hereto as follows:
1. WHOLE AGREEMENT.
The parties have herein set forth the whole of their agreement.
The performance of this agreement constitutes the entire
consideration for the property or interest described in said
document (hereinafter called "the property ") and shall constitute
entire payment for all claims including interest and damages
including severance.
2. DELIVERY OF DOCUMENT.
A Grant Deed covering the property particularly
described therein has been executed and delivered by Grantor to
DONALD A. LAWRIE Real Estate Agent for
Town for the purpose of conveying to Town the property described.
3. PURCHASE PRICE AND TITLE.
Town shall pay Grantor the sum of $1,000.00 for the property
conveyed by the above document when title thereto vests in Town
free and clear of all liens, encumbrances, taxes, assessments and
leases (recorded and /or unrecorded), except:
(A) covenants, conditions, restrictions and reservations of
record, if any;
(B) easements or rights of way upon said land for public
quasi- public, utility or public street purposes, if any.
Town shall also pay all costs of escrow and recording fees incurred
in this transaction including documentary stamp tax, if required
by law, and title insurance policy expenses. The escrow and
recording costs shall not, however, include reconveyance fees,
trustee's fees, forwarding fees or penalty for any full
reconveyance of Deed of Trust or full release of mortgage paid.
4. PRORATION OF TAXES.
In the event Town acquires fee title to the property under the
terms of this agreement, taxes shall be prorated in accordance with
the California Revenue and Taxation Code Section 4986 as of the
date of recordation of the Deed conveying title to the Town, except
that where Town has taken possession pursuant to an order for
possession or right of entry, taxes shall be prorated as of the
date of possession.
Further, Grantor authorizes Town to deduct and pay from the amount
shown in Paragraph 3, above, any amount necessary to satisfy any
delinquent taxes due, together with penalties and interest thereon,
and any delinquent or non - delinquent assessments or bonds, which
are to be cleared from the title to the property.
5. PAYMENT OF MORTGAGE OR DEED OF TRUST.
Any and all moneys due under this agreement shall, upon demand, be
made payable to the beneficiary or mortgagee entitled thereto under
any trust deed or mortgage upon the property up to and including
the total amount of any unpaid indebtedness secured by such trust
deed or mortgage.
6. LEASE WARRANTY.
p J Granter
or anY
and Gran
for any
of any t
a period
warrants that t e are no oral o written lea `s on all
ortion of the pro ty exceeding a riod of on month,
t further agrees to d Town harmless d reimbur Town
and 11 losses and ex s occasioned to own by r on
enanc of the property hel by any tenant of Grantor r
exceeds one month.
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7. DISMISSAL OF ACTION IN EMINENT DOMAIN.
Grantor consents to the dismissal as to the property of any eminent
domain action by Town wherein the property is included and also
waives any and all claims to any money that may now be on deposit
in that action. This agreement is full consideration for all
claims of damage that may have arisen by reason of any such eminent
domain action an /or the public project for which this property is
acquired.
8. POSSESSION.
Notwithstanding any other provision of this agreement, the right
of possession and use of the property by Town, including the right
N to remove and dispose of improvements, commences or commenced
/�J i I`r and the amount shown in
1. 'Paragraph' °'3 he eof includes, but is not limited to, full payment
tfor such possession and use, including interest and damage, if any,
g,
from said date.
ESCROW
This transaction will be handled through an escrow with
VALLEY TITLE CO. 300 SOUTH FIRST STREET SAN JOSE
under Escrow No. 201161
Town has executed this agreement as of
TOWN OF LOS GATOS
By:
Deborah Acosta,
Acosta,
Town Manager
Grantor has executed this agreement as of /0ec;
GRANTOR
3
Address:
q r k
LA
Recommended for A�pproyal:
Real Estate Agent
No Obligations Other Than Those Set Forth Herein
Will be Recognized