1978-196-Authorizing Agreement With Frank A. Aries (Parcel C)RESOLUTION N0, 1978 -196
RESOLUTION AUTHORIZING AGREEMENT WITH
FRANK A. ARIES (PARCEL C)
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 "AGREEMENT FOR CONVEYANCE OF LAND" with FRANK
A. ARIES, 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 4th day of December
1978, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, John B. Lochner and
Mardi Gualtieri
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Peter W. Siemens
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS
SIGNED:
ATTEST:- -
ASST CLERK OF THE TOWN OF LOS GjKTOS
None
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RECORDING REQUESTED BY:
The Town of Los Gatos
WHEN RECORDED, MAIL TO:
Town Clerk
Town of Los Gatos
P. O. Box 949
Los Gatos, CA 95030
AGREEMENT FOR CONVEYANCE OF LAND
This Agreement is made with reference to the following
£acts.
Frank A. Aries (Aries) is the owner of land tentatively
designated Tracts 6309 and 6532 in the Town of Los Gatos (Town).
Aries is in the process of subdividing that land. That portion
of Tract 6309 which is further described in Exhibit A of this
agreement (Parcel C) is a parcel whose existence is necessitated
by the terrain and the design of the streets and emergency access
roads in the subdivision, however, Parcel C is neither large enough
nor does it meet other requirements to be a lawful lot. It is
necessary for the parties to make and perform this agreement as a
means of preventing the sale or other conveyance of Parcel C to
an owner who might seek to use it as a separate lot.
The parties agree as follows.
1. Immediately upon recordation of the final map of Tract 6309
Aries will deposit in escrow a fully executed grant deed whose terms
convey Parcel C to the Town. The deed will be in the form shown in
Exhibit A.
2. The escrow will be a bank, trust company, or title insurance
company selected by the Town.
3. With the deed, Aries will deliver his written instructions
to the escrow. The instructions will provide that they are
irrevocable unless the Town in a writing signed by the Town Engineer
subsequently instructs otherwise.
Page 1 of 3
4. The instructions will further provide that unless,
before July 1, 1979, Parcel C is both conveyed in fee to the owner
of the fee of the parcel of land which is contiguous to easterly
boundary of Parcel C (the easterly land) and merged with the easterly
land in proceedings conducted under the provisions of Government
Code section 66499.20 1/2, the escrow will on or before July 7, 1979
request a certificate of acceptance from the Town Engineer and will,
immediately upon receiving the certificate, record the deed and
certificate. The instructions will also provide that if the merger
and sale do occur before July 7, 1979, the escrow will cancel the
deed and return it to Aries.
5. Aries agrees not to convey title to Parcel C to anyone but
the then owner of the easterly land, or to the Town in the manner
provided in the escrow instructions. If Aries elects to sell and
convey Parcel C to the owner of the easterly land, he will first
procure the signatures of all necessary persons on the section
66499.20 1/2 map and by means of an escrow take whatever measures
are necessary to assure that his grantee will not be in a position
to convey or encumber Parcel C before it has been merged with the
easterly land.
6. In any escrow transaction contemplated by this agreement,
Aries will instruct the escrow that all aspects of the transaction
are to be disclosed to the Town, with copies of all papers to be
sent promptly upon preparation or receipt by the escrow to the Town
Engineer.
7. I£ Aries violates this agreement and does convey Parcel C
to someone other than the owner of the easterly land, Aries agrees
to pay all of the reasonable expenses of the Town in obtaining a
final judgment permanently enjoining all owners of Parcel C from
doing any construction or grading work on that parcel.
Page 2 of 3
RECORDING REQUESTED BY:
The Town of Los Gatos
WHEN RECORDED, MAIL TO:
Town Clerk
Town of Los Gatos
P. O. Box 949
Los Gatos, CA 95030
GRANT DEED
For valuable consideration, receipt of which is acknowledged,
FRANK A. ARIES grants to TOWN OF LOS GATOS, a general law city of
the State of California, the parcel of property in the County of
Santa Clara, State of California described as:
Parcel C as shown on the Map of Tract 6309 recorded
197_ in Book pages
through of Maps,
in the office of the County Recorder of Santa Clara County.
DATED
FRANK A. ARIES
STATE OF CALIFORNIA )
) ss
County of Santa Clara )
On , 197 before me, the undersigned Notary
Public, personally appeared FRANK A. ARIES, known to me to be the
person whose name is subscribed to this instrument, and acknowledged
that he executed it.
Notary Public of the
State of California
- EXHIBIT "A" -
8. The Town agrees promptly to process the map for merger
of Parcel C and the easterly property, and if the map is in proper
form to allow it to delete the legend "Not a building site" which
is shown on Parcel C on the Map of Tract 6309.
9. This agreement is binding on Aries' successors as owners
of, or holders of security interests or incumbrances in, Parcel C.
10. This agreement is effective when it has been signed and
acknowledged by Aries and the final map of Tract 6309 has been
approved by the Town Council.
11. When Parcel C has been merged with the easterly land
this agreement will be of no further effect, except only that it
will remain in effect as to any obligation that may have arisen
under part 7.
DATED
STATE OF CALIFORNIA
FRANK A. ARIES
-- //
ss
County of Santa Clara )
On , 197_ before me, the undersigned
Notary Public, personally appeared FRANK A. ARIES, known to me
to be the person whose name is subscribed to this instrument,
and acknowledged that he executed it.
Notary Public of the
State of California