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1979-059-Authorizing Right-Of-Way Contract With Dayspring Chapel, Inc.RESOLUTION NO. 1979 -59 RESOLUTION AUTHORIZING RIGHT -OF -WAY CONTRACT WITH DAYSPRING CHAPEL, INC. 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 contract entitled, "RIGHT -OF -WAY CONTRACT ", with DAYSPRING CHAPEL, INC., a copy of which is attached hereto, and that the Mayor is authorized and he is hereby directed to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 16th day of April. 1979, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite, Peter W. Siemens and John B. Lochner NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Mardi Gualtieri SIGNED: ATTEST: CLERK OP THE TOWN OF LOS _OS TOWN OF LOS GATOS RIGHT -OF -WAY CONTRACT GRANTOR(S) DAYSPRING CHAPEL OF LOS GATOS INTERNATIONAL, INC. DATE ADDRESS 1145 Ortega Circle, Gilroy, California 95020 A Grant Deed covering all that real property situate in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: All that certain real property situate in the Town of Los Gatos, State of California, described as follows: Commencing at the point of intersection of the easterly line of Pleasant Street and the northerly line of E. Main Street as said streets are shown on the map entitled "El Monte Subdivision ", recorded in Volume "U" of Maps at page 48, Santa Clara County Records; said point being also the southwest corner of Lot 1 of said subdivision; thence along said easterly line of Pleasant Street North 131 53' East, 8.93 feet to the POINT OF BEGINNING; said POINT OF BEGINNING being also the northwest corner of the property deeded to the Town of Los Gatos by Jules and Celestine Flobert, dated May 11, 1937, recorded in Volume 826 of Official Records, page 180, Santa Clara County Records; thence continuing along said Easterly line of Pleasant Street North 130 53' East 25.99 feet to a point of cusp; thence southeasterly along a curve to the left from a radial bearing of North 76 007' East, having a radius of 20.00 feet, through a central angle of 1070 57' 30" for an are distance of 37.68 feet to a point on the northerly line of said Town of Los Gatos property; thence along last said line southwesterly along a curve to the right, from a radial bearing of North 040 04' West having a radius of 254.40, through a central angle of 06 106105" for an arc distance of 27.09 feet to the POINT OF BEGINNING. Being a portion of Lot One, El Monte Subdivision and containing 149.22 square feet, more or less, has been executed and delivered to /Ir z, llzla vlO, tz Right -of -Way Agent for the Town of Los Gatos. The delivery of said deed shall be effective and the Town of Los Gatos shall be authorized to accept and record same upon the adoption of this Agreement by the Town Council of this Town, and the execution thereof by its authorized representative. -1- In the event that this Agreement is not so executed within forty -five (45) days of the date above specified, said deed shall be returned to Grantor(s) and their obligations under this Agreement treated as null and void. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1 Grantor agrees that at the time of granting said deed he has full authority to do so. 2. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the Town of all further obligation on this account. 3. The Town of Les Gatos shall pay the undersigned grantor(s) the sum of Six Hundred ($500.00) Dollars, for the property as described above and conveyed by a Grant Deed within sixty (00) days after the adoption of this Agreement by the Town. 4. The Town of Los Gatos agrees to perform the following items of work: Relocate existing sign. 5. The consideration given by the Town for the above - described deed shall be full compensation to grantor(s) for: A. The value of the above - described property; B. Severance damages, if any, to the remainder thereof; C. Damages, if any, resulting from the location, grade and construction of the improvements to be installed thereon; and D. All other damages, if any, arising out of the above - described conveyance and the use of the property conveyed, in the manner authorized by the grant. -2- IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. f GRANTOR(S) TOWN OF LOS GATOS GRANTEE Recommended for Approval: By 6-a I Right -of -Way Agent NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. -3-