2005-113 - Authorizing Mayor To Sign The Agreement Between West Valley Sanitation District And The Town Of Los Gatos For The Transfer Fo The Los Gatos Sanitary Sewer System Assets And Maintenance Responsibilities To West Valley Sanitation DistrictRESOLUTION 2005 - 113
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING MAYOR TO SIGN THE AGREEMENT BETWEEN WEST VALLEY
SANITATION DISTRICT AND THE TOWN OF LOS GATOS FOR THE TRANSFER FO
THE LOS GATOS SANITARY SEWER SYSTEM ASSETS AND MAINTENANCE
RESPONSIBILITIES TO WEST VALLEY SANITATION DISTRICT
WHEREAS,
A. West Valley County Sanitation District of Santa Clara County (previously known as
County Sanitation District No. 4 of Santa Clara County) hereinafter referred to as "District" and the
Town of Los Gatos, hereinafter referred to as "Town" entered into an agreement on May 19, 1977
entitled "District 4 - Los Gatos 1977 Sewer Agreement" hereinafter referred to as "Agreement;"
B. On December 4, 1991, the District and the Town entered into an agreement to
facilitate changes in procedures and technology (hereinafter referred to as the "First Amendment ");
C. On June 12, 2001 the District and the Town entered into an amendment extending
the term of the Agreement and First Amendment as well as adding additional terms (hereinafter
referred to as the "Second Amendment");
D. On July 5, 2005 the District and the Town entered into a Second Continuation
Agreement hereinafter referenced as the extending the Agreement and all amendments to September
30, 2005 as well as adding additional terms;
E. In August 2005 the District and the Town entered into a Third Continuation
Agreement extending the Agreement and all amendments to December 6, 2005;
F. The Agreement, togetherwith the First and Second Amendments and all continuation
agreements will expire on December 6, 2005;
G. The Agreement, both Amendments and all continuation agreements provide for the
Town's operation of its sanitary sewer system within the boundaries of the District; and
H. The Town wishes to transfer and the District wishes to take over the Town's sanitary
sewer system effective November 1, 2005.
THEREFORE, BE IT RESOLVED:
1. That the Agreement between West Valley Sanitation District and the Town of Los
Gatos for the Transfer of Sanitary Sewer System, attached hereto as Exhibit "A," is hereby approved
along with Exhibits "A" and `B" thereto, as described therein, and the Mayor is authorized to sign
the agreement on behalf of the Town.
2. That the Town Manager is hereby authorized to execute any deeds of sewer easements
required under the Agreement
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of October, 2005 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: '�� �2'�G��`,'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTES 4E�,
C*SRA=OR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT BETWEEN WEST VALLEY COUNTY SANITATION DISTRICT
OF SANTA CLARA COUNTY AND THE TOWN OF LOS GATOS FOR THE
TRANSFER OF SANITARY SEWER SYSTEM
WHEREAS, West Valley County Sanitation District of Santa Clara County
(previously known as County Sanitation District No. 4 of Santa Clara County)
hereinafter referred to as "District" and the Town of Los Gatos, hereinafter
referred to as "Town" entered into an agreement on May 19, 1977 entitled
"District 4 - Los Gatos 1977 Sewer Agreement hereinafter referred to as
"Agreement" and
WHEREAS, on December 4, 1991, the District and the Town entered into an
agreement to facilitate changes in procedures and technology (hereinafter
referred to as the "First Amendment" and;
WHEREAS, on June 12, 2001 the District and the Town entered into an
amendment extending the term of the Agreement and First Amendment as well
as Bidding additional terms (hereinafter referred to as the "Second Amendment ");
and
WHEREAS, on July 5, 2005 the District and the Town entered into a Second
Continuation Agreement hereinafter referenced as the "Second Continuation
Agreement") extending the Agreement and all amendments to September 30,
2005 as well as adding additional terms, and
WHEREAS, on September 26, 2005 the District and the Town entered into a
Third Continuation Agreement hereinafter referenced as the "Third Continuation
Agreement") extending the Agreement and all amendments to December 6,
2005, end
WHEREAS, the Agreement, together with the First and Second Amendments
and all continuation agreements will expire on December 6, 2005, and
WHEREAS, the Agreement, both Amendments and all continuation agreements
provide for the Town's operation of its sanitary sewer system within the
boundaries of the District; and
WHEREAS, the Town wishes to transfer and the District wishes to take over the
Town's sanitary sewer system effective November 1, 2005.
NOW THEREFORE, for and in consideration of their mutual promises, and
subject to the terms, provisions, and conditions hereinafter set forth, the parties
do hereby agree as follows:
EXHIBIT A
r. F,4- U,
Section 1. 2!2= Acasatance of the Town's Sanitary Sower System
A. As used herein, the Town's sanitary sewer system Includes:
1) All the Town's waste water facilities that it currently owns and operates
including pipe lines, pump stations, and other structures.
2) All real property owned by the Town which is appurtenant to the
Town's wastewater facilities including, but not limited to, easements and rights of
way for sanitary sewer purposes. A partial list of these real properties is attached
thereto as Exhibit A.
B. On the transfer date (see below) the Town will transfer all waste water
facilities described above and all real property described in Exhibit A to the
District. The District agrees that it will accept the above waste water facilities
and the real properties described in Exhibit A on an "as is" basis. The Town
disclaims any warranties, explicit or implied, for its wastewater facilities or for the
real properties above described.
C. On the transfer date, the real properties described in Exhibit B shall be
transferred to the District by quit claim deeds prepared and executed by the
Town and delivered to the District which will cause said deeds to be recorded
with the offlce of the County Recorder of Santa Clara County,
D. Any real properties described above which are not specifically listed in Exhibit
A shall remain in the ownership of the Town and the District is appointed as to
Town's agent with respect to all matters concerning said reel properties. Upon
request from the District, the Town shall immediately transfer by quit claim deed
all such real properties above described as their legal descriptions become
known to the District or the Town.
E. Effective on the transfer date, the Town assigns all of its rights and
obligations under an agreement entiHed Maintenance and Replacement
Agreement: Sanitary Sewer Pump Station (14615 Shannon Road), recorded
June 11, 1991, (document No. 10932852, book 745, page 0524, official records
of the County of Santa Clara), a copy of which is attached hereto as Exhibit Br
The District hereby accepts the assignment. The parties agree that any amounts
collected by the Town pursuant to said agreement as of the transfer date shall
repay the Town's expenses in maintaining the pump station incurred thereunder.
L it ■
A. The transfer date described above shall be November 1, 2005 unless the
parties agree in writing to any other date.
B. On the transfer date:
E
1) The Town shall have no further responsibility to provide, maintain or
repair the sanitary sewer system.
2) The District shall commence providing waste water services to the
properties previously served by the Town and shall be responsible for
providing, maintaining and repairing the wastewater system.
3) Unless otherwise specified in this agreement, the Town shall have no
additional obligations regarding the transfer of its sanitary sewer
system.
4) Any personal property in the Town's possession for use by the Town in
maintaining its sewer system shall remain in the Town's possession,
whether or not acquired by or through the District, which hereby
disclaims any an all interests in said personal property.
Ssc*m 3. 1IndMMIcANQn
A. The Town agrees to defend, indemnify, and hold harmless the District, its
officers, agents and employees from and against any and all loss, damage,
liability, claims, demands, detriments, costs and expenses (including reasonable
attorne)'s fees) and causes of action of whatsoever character which the District
may incur, sustain or be subjected to on account of loss or damage to property or
loss of use thereof, or for bodily injury or death or any persons (including but not
limited to property, employees, subcontractors, agents and invitees of each party
hereto) arising out of or connected with the Town's sanitary sewer system and
the date of occurrence of the injury or damage occurred prior to the transfer date,
S. The District agrees to defend, indemnify, and hold harmless the Town, its .
officers, agents and employees from and against any and all loss, damage,
liability, cialms, demands, detriments, costs and expenses (including reasonable
attorney's fees) and causes of action of whatsoever character which the District
may incur, sustain or be subjected to on account of loss or damage to property or
Ion of use thereof, or for bodily injury or death or any persons (including but not
limited to property, employees, subcontractors, agents and invitees of each party
hereto) arising out of or oonnected with the sanitary sewer system and the date
of the occurrence of the injury or damage occurred on or after the transfer date.
Section 4. Qimtriers Obiloadons UDon_Transfer
As and for full compensation for the transfer of the Town's sanitary sewer system
to the District, as well as full compensation for any claims for reimbursement of
costs incurred by the Town under the agreement and all amendments and
continuation agreements previously executed by the parties prior to November 1,
2005, the District agrees to make payment to the Town the sum of $2,572,000
payable in full on November 1, 2005, which shall be apportioned at the Town's
3
discretion to reimburse the Town its full costs incurred in maintaining its sewer
system during the period from July 1, 2005 to November 1, 2005.
It is the District's goal to provide a uniform level of service to all District
customers that is equivalent or better than sewer services previously provided by
the Town. The District will document all service requests, response times, sewer
maintenance, and other work performed in the Town and provide the Town with
two reports on this work. The first report shall cover the period from November 1,
2005 through January 31, 2006. The second report shall cover the period from
February 1, 2006 through June 30, 2006. Effective July 1, 2006, the District is
not obligated to provide separate documentation of services provided within the
Town. However, District -wide annual service reports will continue to be provided
to the Town on request.
SeWon 5. Cooneration by Town
All public information, data, reports, and maps as are existing and available to
the Town as public records, and which are necessary for carrying out this
agreement, shall be furnished to the District at least ten (10) days prior to the
transfer date and all information, data, reports and maps obtained by the Town at
any time subsequent to said above described turn over date shall be furnished to
the District without undue delay.
Section 6. No
All notices required or permitted to be given under this agreement shall be in
writing and shall be personally delivered or mailed by first class or certified mail,
postage prepaid, addressed as follows:
To Town: 110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
Attn: Debra Figone, Town Manager
Telephone: 408- 354-6832
Fax: 408-354 -8431
To DiBt M: 100 E. Sunnyoaks Avenue
Campbell, CA 95008
Attn: Robert Reid, Manager
Telephone: 408378 -2407
Fax: 408 -364 -1821
Section 7. MWifiWon of Agreement
4
iv1 z - a. �v�v t- -I 1 111- (\
rHUC coo
No amendment to or modification of this agreement shall be valid unless
made in writing and approved by the District and the Town. The parties agree
that this requirement for written modification cannot be waived and that
attempted waiver shall be void.
Sscftn 8. F-ndre Agreem t
This agreement, including all attachments, is the entire, complete, final
and exclusive expression of the parties with respect to the matters addressed
therein and supercedes all other agreement or understandings, whether oral or
written, or entered into between the District and the Town prior to the execution
of this Agreement, including the Third Continuation Agreement. No statements,
representations or other agreements, whether oral or written, made by any party
which are not embodied herein shall be valid and binding.
Seetloa 8. Sev�l"E
If a term, condition or covenant of this agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of the agreement shall not be affected
thereby and the agreement shall be read and construed without the invalid, void
or unenforceable provision(s).
Secdon 10. Q-1spubs
If either party contends that the other has breached or is breaching this
agreement or that this agreement is inequitable, its governing body shall so notify
in writing the governing body of the other party and both governing bodies
(subject to all laws concerning meetings of public agencies' governing bodies)
shall meet jointly to resolve their differences. No action or suit concerning the
terms or performanoe of the agreement shall be commenced, nor shall there be
any act of rescission or notice of termination of this agreement shall occur until
the joint meeting has been held. The parties agree that any statute of limitations
as to any cause of action is, and shall be, tolled for the period from the above
described notice from one governing body to the other until the joint meeting
above described is concluded.
Section 11. Sucaosso� assigns
The agreement, covenants, conditions, limitations, restrictions and
undertakings contained in this agreement apply to and bind the successors and
assigns of the parties,
In Witness Whereof, the parties hereto have executed this agreement on
the dates set forth beside their signature, to become effective
2006.
r H�7G V I
Dated:
Secretary to the Board
,IT'S^' -�
Cie& Administrator
West Valley County Sanitation District of
Santa Clara County
bv:
Chairperson, Board of Directors
Approved as to form:
Charles T. Kilian, District Counsel
Town of Los Gatos
by:
Mayor
Approved as to form:
Orry Korb, Town Attorney
EXMMIT A
1. Sanitary Sewer Basement -14731 Winchester Boulevard, Tract No. 8911, recorded
February 4, 1997, document No. 13601212, Official Records of Santa Clara County
2. Sanitary Sewer Easement -121 Apricot Lane, APN 510 -19 -021, recorded September 17,
1996, document No. 13448738, Official Records of Santa Clara County
3. Sanitary Sewer Easement - 120 Ohlone Court, recorded April 25, 1996, document No_
0013273870, Official Records of Santa Clara County
4. Sanitary Sewer Easement -118 Ohlone Court, recorded April 25, 1996, document No.
0013273871, Official Records of Santa Clara County
Sanitary Sewer Easement -120 Naramore Lane, recorded September 4, 2002, document
No. 6458571, Official Records of Santa Clara County
6. Sanitary Sewer Easement -16650 Kennedy Road, APN 532 -13 -002, recorded February 7,
2005, document No. 18222180, Official Records of Santa Clara County
7. Sanitary Sewer Easement - 16670 Kennedy Road, APN 532 -13 -001, recorded February 7,
2005, document No. 18222179, Official Records of Santa Clara County
8. Grant of Easement (Udell, et al.) - recorded November 8,1950, document No. 676589,
book 2092, page 32, Official Records of Santa Clara County
9. Grant of Easement (Carlton) - recorded November 8, 1950, document No. 676593, book
2092, page 51, Official Records of Santa Clara County
10. Grant of'Easement (Fabbri) - recorded November 8, 1950, document No. 676590, book
2092, page 37, Official Records of Santa Clara County
11. Grant of Easement (Mariotti) - recorded November 8, 1950, document No. 676592, book
2092, page 47, Official Records of Santa Clara County
12. Grant of Easement (Fox) - recorded November 8, 1950, document No. 676591, book
2092, page 42, Official Records of Santa Clara County
13. Grant of Easement (Treseder) - recorded July 25, 1951, document No. 734440, book
2255, page 468, Official Records of Santa Clara County
14. Grant of Easement (Erwin) - recorded July 25, 1951, document No. 734441, book 2255,
page 473, Official Records of Santa Clara County
15. Grant of Easement (Parks) - recorded July 25, 1951, document No. 734442, book 2255,
.W1 -.r �U' ic. -ao YUVr r f. "Ul h - rHur- U:j
Page 478, Official Records of Santa Clara County
16. Grant of Easement (Nino) - recorded July 25, 1951, document No. 734444, book 2255,
page 487, Official Records of Santa Clara County
17. Grant of Easement (Nino) - recorded July 25, 1951, document No. 734443, book 2255,
page 482, Official Records of Santa Clara County
18. Grant of Easement (Nino) - recorded July 25, 1951, document No. 734445, book 2255,
page 492, Official Records of Santa Clara County
19. Grant of Easement (Medler) - recorded July 25, 1951, document No. 734446, book 2255,
page 497, Official Records of Santa Clara County
20. Grant of Easement (Bakulich) - recorded August 7, 1951, document No. 737063, book
2262, page 366, Official Records of Santa Clara County
21. Grant of Easement (Americh, et al.) - recorded July 25,195 1, document No. 734439,
book 2255, page 461, Official Records of Santa Clara County
22. Grant of Easement (Clanton) - recorded July 25, 1951, document No. 734438, book 2255,
page 4456, Official Records of Santa Clara County
23. Grant of Easement (Miller) - recorded July 25, 1951, document No. 734437, book 2255,
page 452, Official Records of Santa Clara County
24. Deed of Easement - Tract 2580 (Roberts) - recorded 1959, document No. 1729653, book
4617, page 424, Official Records of Santa Clara County
25. Resolution of Acceptance (No. 1959 - 96) - recorded November 2, 1959, document No.
1717813, book 4593, page 449, Official Records of Santa Clara County
26. Grant Deed (Shannon) - recorded December 14, 1960, document No. 1922889, book
5013, page 392, Official Records of Santa Clara County
27. Grant of Easement (Conger) - recorded October 6, 1960, document No. 1888487, book
4942, page 615, Official Records of Santa Clara County
28. Grant of Easement (Sheridan,) - recorded September 7, 1961, document No. 2056723,
book 5289, page 333, Official Records of Santa Curl County
29. Grant of Easement (Keizer, et al.) - recorded September 7, 1961, document No. 2056724,
book 5289, page 336, Official Records of Santa Clara County
30. Grant of Easement (Graham) - ,recorded May 25, 196 1, d ocument No. 2003284, book
i
5178, page 605, Official Records of Santa Clara County
31. Grant of Easement (Reed) - recorded May 25, 1961, document No. 2003283, book 5178,
page 602, Official Records of Santa Clara County
32. Grant Deed Individual (Developments Unlimited) - recorded November 8, 1961,
document No. 2089855, book 5358, page 159, Official Records of Santa Clara County
33. Grant of Easement (Fore) - recorded May 1962, document No. 2206884, book 5605, page
449, Official Records of Santa Clara County
34. Grant Deed (City Title) - recorded February 8, 1962, document No. 2138900, book 5461,
page 394, Official Records of Santa Clara County
35. Grant of Easement (McClure) - recorded February 19, 1963, document No. 2350183,
boob 5911, page 452, Official Records of Santa Clara County
36. Deed of Easement (Los Gatos Union School District) - recorded April 29, 1963,
document No. 2402133, book 6021, page 557, Official Records of Santa Clara County
37. Deed of Easement (Los Gatos Union School District) - recorded March, 5, 1963,
document No. 2358434, book 5929, page 74, Official Records of Santa Clara County
38. Grant Deed (Stoddard) - recorded October 29, 1964, document No. 273 263 0, book 6720,
page 92, Official Records of Santa Clara County
39. Deed of Easement (Fore) - recorded July 10, 1964, document No. 2664138, book 6576,
page 395, Official Records of Santa Clara County
40. Deed of Easement (Detrick) - recorded May 7, 1965, document No. 2845837, book 6949,
page 172, Official Records of Santa Clara County
41. Deed of Easement (Mission City Investors) - recorded May 7, 1965, document No.
2845838, book 6949, page 175, Official Records of Santa Clara County
745PAGE0524
Recoafto VXFfted by, Omd
VWn •car&d M4 to:
Tom Our$ 001ce
Town of - Loi Cmu*
P.O. Da 949
14s Cktoi6 CA 95041
No RM
(Fat OWt Code 16103)
copy
. I NO FEE E d
10932852 09328i2
1HU.1 - 'Ufi REC' i0s
Al !"L'Q U C S T UF
US GATOS.
JUN 11 8 21'iA IN
SAN IA
LA
TOWN CAM
BID
MAMMUNCZ AND RZPUCEBIMT AGRIMMENM
&4NrrARY PUW STATION
(14615 MMMn Road)
TM AGREEMENT, diatod, 1991, by and between Habib
Safthi-Azar and S Hag an O, wft (Vwnerw), and Town of W
W (=
a on
Gatos. 0 nunddpid is is
with reference to the following facts:
A. Owner. is the owner of aorten real property located along Santa Rosa Drive
and north of MMMM Road in the Towu of Lo GaM -Stau CafurWa (the -Prope
as =Or* PurdculartY dawnl)ed in Fabibit A. attached hereto and made a paft thereof; and
shown on the mV O#Mbed hereto and made a part hereof as E;duNt B.
B. Town bas gnumd to Owner conditional approval of a tentative ma for a
Moen (15) lot subdivision on the property, known as the 'Santa Rosa Heights Subdi*ioW
("S19xUvW0n"), In accordance with Aeso6flou No. 1990-168, adopted by the Council on
Augut 6 1990.
C Condition No. 38 of Rewhition 1090-168 requires-.
. -
That the developer shall constmct a sanitary sewer main ftom Shannon Road
to foe's '1Z 13, 14, and, - 15, including -a separate sewer latftd stub-out t6 each of
these IM MW O*Wmam and n' tit of way necessaq to. construct this system will
I)i ! on the record map Until such time as the Camden bunk sewer
main i s ded up Shannon. Road to Ob property, sawsp from Lots 12, 13, 14,
and 15 am* to Puft4* uphill to the proposed 'new sewer Uw'in Sierra Azule.
When the Camden-Hicks trunk sower main is utended up Shannon Road to this
ft • ftce main and pump stations servicing Lots 1Z 13, 14, and 15 shall be
-A mW sidd girded to up this shall for Uts IX 13, i4, and 15- so that every purchaser
of property' basUl knowledge of this condition.
EMBIT B •
D. This Agreement is intended to implement Condition 38 by requiring property
owners of Lots 12, 13, 14, and 15 to maintain the pump stations which are used to pump
sewage from the property uphill to the proposed new sewer line in Sierra Azule and to pay
for replacement of the pumps at the end of their useful lives.
NOW9 THEBREFOM Owner hereby agrees, on behalf of himself and his successors
and a$sign4 to the fallowing:
1. Owner and all successors in interest to Lots 12, 13, 14, and 15 within the
Subdivision shall contribute to the rogu w mdintOnOnm of the pump stations constructed
within the public service easement along the easterly property Hue.
4 Such maintenance obligation shall be shared equally by each lot, and the
Town of Los Gatos will bill the owner of record of each lot annually for the costs of
maintenance and for a proportionate share of the estimated replacement costs,
3. The annual payment for each of the four lots shall be $1,150.00 which shall
be deposited in an.interest bearing account provided, however, that no sooner than ten
Years after execution of this Agreement, the Town Council may increase the annual
payment if it makes specific factual. findings supporting the increase. Annual payment shall
begin at the time a sewer connection permit is issued for any one of these lots.
4. When in the sole. discretion of the Town the sewer pump requires
replacement, the Town shall replace the pump with a pump of design and capacity as
approved by the Town Engineer and Director of Parks, Forestry and Maintenance. If the
replacement costs of the pump exceed the amount that has been accumulated under this
Agreement, the Town may assess one - fourth of the replacement co6t against each lot and
will bill the owner of record for the excess costs of replacement. Replacement costs also
include all f5aandn& collection, legal, and expenses.
S. If unpaid, the costs of maintenance and replacement shall become alien
against the property on which it is assessed and a personal obligation of each property
6. The Town may provide for the collection of any maintenance and replacement
costs ' at the same time and in the same manner as ordinary municipal taxes, and may
Provide the same penalties and same procedures and sale in the case of delinquency as
Provided for ordinary municipal taxes. All laws applicable to the levy, collection, and
oulforc ement of municipal taxes shall be applicable to each special assessment.
I The term of this Agreement shall be fifty years or until the Camden -Hicks
trunk sewer line is Mended up Shannon Road to this property, whichever is earlier. When
the sewer is extended up Shannon Road,. the Town may use funds accumulated pursuant
to this Agreement to pay any construction costs necessary to make a transition from a
pUtnped sewer system to a gravity fed sewer, and shall, refund any unexpended funds to the
then owners of record.
"N+►AW 2 May 7, 1991
& In the event'that legal action becomes necessary to enforce the terms of this
Agteeme at, the prevaffing patty shall be entitled to recover its attorney's fees.
9. This Agreement shall constitute a covenant running with the land and shall
be binding upon the successors and assigns of Owner, including any transferee of legal title
to Lots 12 A 14, and 15.
IN WITNESS MMEd_ F, the parties have executed this Agreement on the day and
yea1P firs above written.
TOWN OF LOS GATOS
Br. w 4�6�
A
: 'PAWN MANAGIM
O WNER
Santa Rosa Heights Subdivision
Owner
Santa Rosa Heights Subdivision
APPROVED AS TO FORM:
3 May 7, 1991
"IAA- i4
:*4VI1; 1 V
All that rend prop'" situated in the Town of Los Gatos, County of Santa Clara, State of
California, described as follows:
- ,T ow :i • .�-
Bc&tft at a point on the on- gagrter section running Northerly
and Southerly through iha center of Section 24, Township 8 south, Mange 1
West, Mount Diablo Base and Meridian, distant thereon South O° 11 ' West
10.35 gains from an iron pipe standing at the one- quarter section corner on
the North line of said Section 24, said point -of beginning also being the
Southeasterly. career of that cartain 17.44 area tract of land conveyed by
Mamul F. Fscover and Ignored Rumor, his wife, to Frank Wolmeert and
Guadalupe K Mohnart, his wlfe, by Deed dated June 11,19x! and recorded
in Book 331 of Cffidiatl Pjmx s, page 123, Santa Clam County Records;
tbance from said point of begWteg ranting along said one - quartet section
line South 0" 11' Wept 42.85 chains to an iron pipe driven in the center of
the t mveaod part of Sha=on Road; thence along the center of the travelled
part of Sbamon Road North 69 50' West 337 chains to eta iron pipe, North
59' 36' West 181 and North 70° 06' Wat 3.32 chains to as iron pipe
$tam which pipe a live oat tree 24 inchen in diameter marked with three
notchm bears North 17 30' West 0,353 of a dmia; thence still along said
road North 43' 04' West 2.94 chains to an iron pipe hvm which pipe= .a live
oat tree 16 makes in di uww, marked with three notches, bears North Sr
West 0.193 of a duds; leaving the Manson Road and following the
Westerly side of a small oree k North 11° 52' Fast 3.30 chains to a stake
marked P -1; thence North 64 West 4.51 chains to an iron pipe driven
Rush '9vith the ground in the Deafer of the travelled portion of the Shannon
Road; then along tote canter of the travelled portion of the Shannon Road
North 11° 31 ' West 3.825 chains to an iron pipe: and North 29 30' West
191 dains to an iron pipe driven sin inches below the surface, from which
OW a stake marked W P T M bears North 23° 49' East 0S35 of a chain;
tb@Dca, leavb* Shun Road, running from said pipe; North 23° 49' East
855 chains to a stake marked T them North IV 16' West 18.88
chain a to the Southwesterly � corner of said 17.44 acre tract of land
heabove referred to; thence along the Southerly line of said 17.44 acre
tract of laud, North 89° 50' Est 15.893 cbain3 to the point of beginning,
containing 54.70 auras of land, more or lesa, and being a portion of the West
one - half of Section 24, Township 8 South, Range 1 West, Mount Diablo Base
and Meridian.
ICCPTITK'r 'QOM that portion thereof described as follows:
Commencing at a point on the onergaartcr section line rmijng
Northerly and Southerly through the center of Section 24, Township 8 South,
Rage 1 Nest, Mount Diablo Base and Meridian distant thereon. South 0°
W Ou Ens! 683.10 feet from an iron pipe standing at the one - quarter section
corner on the North line of said Section 24, said point being also the
Southeasterly confer .of the, certain 17.44 acre tract of land conveyed by
Manuel F. Bacover and Lenora Fscover, his w& to Frank Wohnert and
Guaclaluope X Wohnert, his wife, by Deed dated June 11, L927 and recorded
in Book 331 of OMcW Records, Page 123 Santa Clara County Records.
Thence along the Southerly line of said 17.44 acre tract of land South
89" 2710" West 1050.10 fi nt. to the SouiRhvvesterly corner of said 17.44 acre
tract of land;
T have South i0* 51" SS' East 63321 feet to the .'rRUS POINT OF
31 INMG at this description;
Tbeuca ftM said TRUE POINT OF SEOMMO forth 61 W Or East
Tlbanoa North 89' 46' 08" East 138.73 feet}
"Th wa South 3S' 29' 29' East 87.00 feet;
7b=m South 3(r V 45" Nest 104.00 hxyq
The North 79r 49' 52' Went 1 19.94 Greet;
Thence North 10' Sr 54r West 13721 feet to the TRUE POINT OF BEGINNING.
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Non-exclusive right -of -way for ingress and egress appurtenant to Parcel
1 herein over a strip of land 40 feet wide, the center line of which is
deaenbed as follows:
Beginning at the Southeasterly corner of that certain 14.95 acre tract
deeded by Tony 1.. Escover to William E. Jarvis by Deed dated May 31, 1927
and recorded in Book 322 O£8ctal Records, page 567, in the office of the
Crnrety Recorder of Santa C lua County, California and running thence South
45 42' West 3.518 chains, South 55* 33' WeAt 1.775 chains, South 34 04'
West 3.403 chains, South 5 20' West 2.586 ehaias, South 81° 40' West 1.068
chess, North 57° West 0.956 drains, North 23 07 'West 3.083 chains, North
39' 35' West 1212 ahaim, North 82° $4' West 0.772 gains, South 62 11'
West 051 chains, South 79' 49' West 1355 chains, North 7r 20' West 1.211
chains, North 36' 1S West 1.505 charm and North 11° 42' 'West 2809 chains
to a point on the Southerly line of that certain 5.00 acre tract deeded by Tony
J. ESCOW to Frank Wohnert by deed dated May 31, 1927 and recorded in
Book 331 of Official Rec;or4 1 127, in the office of the County Recorder
Of Santa C3ara Cour#, C;alifi ma; thence North 11 42' West 0.106 chains,
North 39° 33' West 0.889 chgims, South 75 S3' West 1.73 chains, South 617
4? Went 0:799 AM= , to a point, in fire Southerly line; of said 5.00 acre tract;
and rt= dug thence South 61° 47 West L60 char, South 75" 32' West 2.159
chains, and South 83' 30' Went 0.419 chains to a point 'on the Westerly line
of section 24, Towmbip 8 South Range 1 West, M.D.M., from which the
N comer Section 24 bears North W Zr East 11.685 chains and
ram thence South Sr 30' West 2.10 char, South 27" 09° West 0.571
cbahts, South 26" i1' East 0.875 chains and South 84° 49' East 1.959 chains
to It Point im the Easterly lines of $aid Section 23, from which the
M , ly ooragar of sand section 23 bears North (r 22 Eut 1339 chains;
MW 9 thence South 84° 49' East 0.275 chains, South 16 55' East 2.669
chains, South 32` 30" EM 1.445 charm, South 63 16' East 2.647 chains, and
South r 16' East 4.417 chair to the center of the Shawaon Road, as
Provided fOr is that certain Apeee rent executed by and between Torty J.
ru7 cii cvu.7 ic: - uo tiuor r rj4u2 ft r"HUt 1
Lscover, et al, dated March 12, 1929 and recorded March 19, 1929 in Book
450 of Official Records, page 575.
Non - a=llusive right-of-way for ingress and egress, appurtenant to Parcel
1 heroin, over a snip of land 40 feat wide, the center line of which is
ditc rnW as follows:
Beginning at a point in the Westerly But of that certain 72.14 acre
tract deeded to Mafuel F. Esoover by deed dated November 27, 1922 and
recorded in Book 566 of Deeds, page 403, in the Offlc a of the County
Recorder of Cl= County, CaUfinaia, from winch point a corner of the
Westerly line of said ; 72.14 acre • tract bears South 10° 16' East 9.67 chains
and running thence ?south 62° ?2' West 1218 chains, North 83 40 1, West
4148 cltafns, Norris 16" $T West LIM chains, North 6' 18' Last 3.153 chains,
North 5 09' West 2.324 cbai m and North 51° 58' West 1.005 chains' to a
point from which the Southeasterly► corner of that that certain 14.95 acre tract
deeded by► Tony J Escover to William E. Jarvis by Deed dated May 31, 1927
and recorded in Book 322 of O elal Records, page 567, in the Office of the
Cow► Rowvder of Santa Clara Coanty, Calif =6 bears North 45' 42' Ea '
3.518 chains, as provided for in that certain Agreeasent eamted by and
between Tony J Eswrer, at al, dated March 12, 1929 and recorded March
19, 1929 in Book 450 of Ofc d Records, page 575. `
Property Addrem: 14615 Mum= Road
AJ?N.: 537 - 19-001 and 537 TI -063
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31
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