1981-232-Approving Right-Of-Way Agreement-Winchester Boulevard Railroad Crossing Project No. 216-SSRESOLUTION NO
198121
RESOLUTION APPROVING RIGHT -OF -WAY
AGREEMENT - WINCHESTER BOULEVARD
RAILROAD CROSSING PROJECT NO. 216-SS
RESOLVED, the Town Council of the Town of Los Gatos
approves right -of -way agreement with Albert B. Smith dated
October 16, 1981, and authorizes the Mayor, 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 2nd day of November
1981, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen
and Peter W. Siemens
NOES: COUNCIL MEMBERS Thor,nas J. Ferrito
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Brent N. Ventura
SIGNED: f' iL� >`
, 4 - -'- --+_
(MAYOR OF THE-IT OWN OF LOS GATOS
ATTEST:
d
_ (seal)
CLE OF THE TOWN OF j6s GATOS~
-2-
3. In lieu of monetary compensation for the property des-
scribed above, the Town of Los Gatos aqrees to perform the follow-
inq items of work:
(a) Construct street improvements across the frontage of
Grantor's property as shown on the plans for the Town of Los Gatos,
Project No. 216SS dated August 11, 1981.
(b) Construct a new drivewav approach at the mutuallv
agreeable location on Grantor's property frontage, and install a
new driveway connecting the new drivewav approach to the existing
driveway, generally as shown on the plans for Project No. 216SS
4. Both parties agree that this agreement defines the entire
consideration in this transaction.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
GRANTOR
TOWN OF LOS GATO:S
r,F�:
By . 00 —p.._ (,` rE r�IP ra.'S
MAYOR GRANTEE
TOWN OF LOS GATOS
RECEIPT FOR DEED
AND
RIGHT- OF -P]AY AGREEMENT
GRANTOR(S) ALBERT B. SMITH
Dated October 1.6, 1981
ADDRESS 14761 WINCHESTER BOULEVARD, LOS GATOS, CALIFORNIA 95030
A Grant Deed covering the real n=eerty described on Exhibit "A"
attached hereto and made a part hereof has been executed and delivered to
Right -of -Way Agent for the Town of Los Gatos, subject to the following:
1. The delivery of said deed shall be effective, and the Town of
Los Gatos shall be authorized to accent and record same only noon the
approval of this Agreement by the Town Council of this Town, and the
execution thereof by its authorized representative within sixty (60)
days of the date above specified.
2. In the event that this Agreement is not apnroved and executed
within sixty (60) days of the date above specified, said deed shall be
returned to Grantor(s), and the rioht- cf -wav agreement shall be null and
void.
RECEIPT OF DEED SUBJECT TO CONDITIONS
DESCRIBED ABOVE IS HEREBY ACKNOWLEDGED.
v � �Tlay
,Right -Of Way Agent
AGREEMENT
IT IS MUTUALLY AGREED AS FOLLOWS:
1. Grantor guarantees that at the time of granting said deed he
has full authority to do so.
2. Grantor agrees not to convey any rights to the land to any
party other than the Town of Los Gatos for sixty (60) days from the
date above specified.