1978-113-Authorizing Parking District AgreementRESOLUTION NO. 1978 -113
RESOLUTION AUTHORIZING PARKING DISTRICT AGREEMENT
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
that agreement entitled, "Parking District Agreement," with ORVILLE
JOHNS and JOSEPHINE JOHNS, a copy of which is attached hereto, and
that the Mayor is authorized and she is hereby directed to execute
said agreement in the name and in behalf of the TOWN OF LOS GATOS.
RESOLVED FURTHER that the Town Clerk is hereby directed to record
said agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 3rd day of July , 1978, by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner,
Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS None
. e• ...
ATTEST:
ASSISTANT CLERK OF THE TOWN OF OS GATOS
� - L
When recorded, ma to:
TOWN CLERK
Town of Los Gatos
Post Office Box 949
Los Gatos, California 95030
PARKING DISTRICT AGREEMENT
THIS AGREEMENT is made between ORVILLE JOHNS and JOSEPHINE JOHNS
(hereinafter, OWNER) and the TOWN OF LOS GATOS (hereinafter, TOWN) with
reference to the following facts.
The land referred to in this agreement is described in the attached
Exhibit «At' and for brevity is called the land. The TOWN has granted
approval in Architecture and Site Proceeding No. S -78 -3 for construction of a
commercial building on the land and commencement of new uses there. There
is a need for off -site parking space related to the new uses of the land.
One or more public parking lots to be financed by a parking assessment
district are proposed to be constructed in the general vicinity of the
land. One of the conditions of approval in Proceeding No. S -78 -3 is that
the owner of the land is required to agree to participate in parking
assessment district proceedings.
THEREFORE, THE PARTIES AGREE:
1. If, within ten years from the date of this agreement is signed
on behalf of the TOWN, proceedings are begun for the formation of a
parking assessment district under any statutes of the State of California
and the parking facilities to be financed thereby are to be located in
that portion of the TOWN generally known as the Central Business District,
the OWNER (or if more than one, the owners) of the land shall consent
to its inclusion in the district, shall not protest the formation of
the district and shall pay their fair share of the cost, assessed to the
land.
2. This agreement shall not prevent challenge of the assessment
formula by the OWNER or its successors in interest.
3. This agreement shall be recorded, shall run with the land
and shall bind the owner and its successors in interest.
Dated 6 - Z 5 76
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Dated 1. v - �71A
Dated 7-z, - 7,v
STATE OF CALIFORNIA
11 eve--Le'-" Iss.
.. ................_........County of.�- ----------- ------------ j
ORVILLE JOHNS.
J0.3F,PHINff JOHNS
TOWN OF LOS GATOS
....... 197 e, before me-'(;;�05 .... mss.. .
a Notary Public, in ang for said State, -personally appeared,-9:��� ..............
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..... .... ...... . ................................
................
. ........................._known to me to be the person.... whose name ....... e.--e.� ......... subscribed
to the within instrument, and acknowledged to me that .... he.... executed the same.
My commission expires .................................. � 1Public 5'.............. �
Notary Pub
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EXHIBIT "A"
That parcel of land in the Town of Los Gatos, County of Santa
Clara, State of California, described as follows:
Lot 3, Block 2 of the Almond Grove Addition, recorded in
Book "C" of Maps, Page 3, Santa Clara County Records.