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1984-177-Authorizing Mayor To Execute Certificate Of Acceptance Of Grant To Open Space EasementRESOLUTION N0. 1984 -177 RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE EASEMENT ON PROPERTY KNOWN AS THE "NOVITIATE," AUTHORIZING MAYOR TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF OPEN SPACE EASEMENT, AND AUTHORIZING MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LOS GATOS CREEK PARK /LANDS OF THE CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS) WHEREAS, on September 10, 1984 Town of Los Gatos Resolution No. 1984 -159 approved an Agreement in Compromise and Settlement of Disputed Claims related to Town litigation concerning the acquisition of certain real property, known as the "Novitiate," owned by the California Province of the Society of Jesus for park, recreational and open space purposes; WHEREAS, the Agreement provides that the Town of Los Gatos, together with t're Midpeninsula Regional Open Space District, will receive an open space easement on a portion of the above - referenced real property as set forth in Exhibit "A," attached hereto and incorporated by reference herein; WHEREAS, in accordance with Government Code Section 51085 the Planning Commission of the Town of Los Gatos found that the proposed grant of open space easement is consistent with the Town's currently adopted General Plan, the Revised General Plan that the Planning Commission has recommended to the Town Council for adoption and the adopted Los Gatos Hillside Specific Plan as set forth in Town of Los Gatos Planning Commission Resolution No. 84 -5, a copy of which is attached hereto as Exhibit "B" and incorporated by reference herein; WHEREAS, in accordance with Government Code Section 51084 the Town Council hereby finds as follows: a. The preservation of the land described in Exhibit "A" is consistent with the Town's currently adopted General Plan that the Planning Commission has recommended to the Town Council for adoption and the adopted Los Gatos Hill- side Specific Plan; and b. The preservation of the land described in Exhibit "A" is in the best interest of the Town of Los Gatos because: (1) The land is essentially unimproved, and if retained in its natural state it has scenic value to the public and is valuable as a watershed and as a wildlife preserve and the instrument granting the easement contains appropriate covenants to that end. (2) It is in the public interest that the land be retained as open space because such land will add to the amenities of living in the Town of Los Gatos and will help preserve the rural character of the area. NON, THEREFORE, BE IT RESOLVED by the Town Council that the Town of Los Gatos accepts the open space easement as set forth in Exhibit °A,° and the Town Council authorizes and hereby directs the Mayor to execute a certificate of acceptance to the document of granting said easement. BE IT FURTHER RESOLVED that the Town Council authorizes and hereby directs the Mayor to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction referred to in Resolution No. 1934 -159. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 1st day of October 1934 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES:, COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: SIGNED: ATTEST: TELERK OF THE T N OF LOS GA S _2_ Recording Requested By: When Recorded Mail To: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 Distel Circle, Suite D -1 Los Altos, California 94022 Attn: L. Craig Britton GRANT OF OPEN SPACE EASEMENT THE CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS, a California-non-profit religious corporation (hereinafter referred to as "CPSJ ") hereby grants to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a body corporate and politic (hereinafter referred to as "MROSD ") and the TOWN OF LOS GATOS, a municipal corporation (hereinafter referred to as "TOWN "), for valuable consideration, receipt of which is hereby acknowledged, an open space easement upon, over and across the property described in Exhibit "I" as attached hereto and incorporated herein by reference (hereinafter referred to as the "SUBJECT PROPERTY ") in perpetuity pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and Section 5540 of the Public Resources Code of the State of California on the following terms and conditions. The granting of this easement and its acceptance by MROSD and TOWN does not authorize and is not to be construed as authorizing MROSD, TOWN, the public or any member thereof to trespass upon or use all or any portion of the SUBJECT PROPERTY in any manner whatsoever without the prior written permission of CPSJ. It is understood that the purpose of this easement is solely to restrict the use to which the SUBJECT PROPERTY may be put in accordance with the terms and conditions of this Grant of Open Space Easement. �)1Q. 3T Grant of Open Space Easement Page Two 1. Limitations on use by CPSJ CPSJ covenants and agrees that, except as otherwise provided in this Grant of Open Space Easement that CPSJ shall not do any of the following on the SUBJECT PROPERTY: (a) Use or authorize the use of the SUBJECT PROPERTY for any purpose other than open space, conservation, non - commercial outdoor recreational or compatible outdoor agricultural uses (such as, inter alia, vineyards or livestock grazing); (b) Erect, construct, place or maintain or authorize the erection, construction, placement or maintenance of any improvement, building, structure or cover or cause the SUBJECT PROPERTY to be covered in whole or in part with any asphalt, stone, concrete or other impervious material on the SUBJECT PROPERTY other than such improvement, building or structure or asphalt, stone, concrete or other impervious material existing on the SUBJECT PROPERTY at the time of the granting of this easement, except that CPSJ may construct and maintain or permit the construction of and maintenance of appro- priate reasonably related unobtrusive improvements to the SUBJECT PROPERTY related only to such uses as specifically reserved by CPSJ in this Grant of Open Space Easement; provided, however; that total area of such impervious surface (such as, inter alia, asphalt, concrete and other paving and roof area of buildings) does not exceed a total of three percent (3%) of the total land area of the SUBJECT PROPERTY; (c) Excavate on the SUBJECT PROPERTY, or change the topography or grade or Pave the SUBJECT PROPERTY or any por- tion thereof except for appropriate unobtrusive grading and paving improvements reasonably required by the uses reserved by CPSJ in accordance with other terms and conditions hereof; (Lx 14ia1T �3�n Q Grant of Open Space Easement Page Three (d) Cut, uproot or remove or authorize the cutting, uprooting or removal of indigenous trees and shrubs located on the SUBJECT PROPERTY, except as may be required for (c) above, elimination of diseased growth, or the removal of undergrowth for fire prevention, construction and maintenance of foot trails, non - commercial outdoor recreational or compati- ble outdoor agricultural uses; (e) Kill or trap animals on the SUBJECT PROPERTY unless necessary for health or safety purposes or compatible outdoor agricultural uses in accordance with the terms and condi- tions hereof; (f) Dump or store or permit the dumping or storing of any non - indigenous debris or materials in addition to those currently on the SUBJECT PROPERTY except for materials or equipment necessary or relative to the open space, conser-.ation, :nom - commerical outdoor recreational and compatible outdoor agricul- tural use of the SUBJECT PROPERTY by CPSJ; (g.) Operate or authorize the operation on the SUBJECT PROPERTY of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of CPSJ for the accomplishment of the purposes for which the SUBJECT PROPERTY is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the SUBJECT PROPERTY or use by others who have a legal right to pass on the existing roadways; (h) Place any advertising of any kind or nature on the SUBJECT PROPERTY except for identification and directional Purposes consistent with the use of the SUBJECT PROPERTY as provided herein; 31 T y Grant of Open Space Easement Page Four (i) Use or allow the use of firearms or dangerous weapons on the SUBJECT PROPERTY except for personal protection, safety, public health or vermine control; (j) Use or authorize the use of fireworks or pyrotechnics on the SUBJECT PROPERTY: (k) Play or perform or allow the playing or per- formance of loud and disturbing amplified music; (1) Mine, extract, remove, or permit or cause to be mined, extracted or removed of any minerals or hydrocarbons found or located on or under the SUBJECT PROPERTY in a manner that would jeopardize or alter the natural and scenic character of the property. 2. Reservation of Use by CPSJ CPSJ reserves the right to use the SUBJECT PROPERTY in any manner consistent with the stated purposes, terms and con- ditions of this Grant of Open Space Easement, and insofar as such use is not incompatible with other laws, rules and regulations of the State of California and the County of Santa Clara, or any public agency having jurisdiction, as such laws, rules and regulations may hereinafter from time to time be amended. CPSJ further reserves the right to use the SUBJECT PROPERTY for open space, conservation, non - commercial outdoor recreational and compatible outdoor agricultural uses (such as, inter alia, vineyards and livestock grazing). CPSJ further reserves the right to construct and maintain and permit the construction of and maintenance of appropriate reasonably related unobtrusive improvements to the SUBJECT PROPERTY related only to such uses and subject to the terms of this.Open Space Easement. CPSJ also reserves the right to grant easements to the Sisters of Charity'of the Blessed Virgin Mary, Dubuque, Iowa, a non - profit ^ _� of Grant of Open -Space Easement Page Five Iowa Religious corporation, its successors or assigns for place- ment of underground utilities and for emergency access road purposes over and along the general location of that roadway traversing the SUBJECT PROPERTY as shown on the map attached hereto as Exhibit "II" and incorporated herein by this reference. The use of such road shall not include the right substantially to expand beyond its existing width or otherwise reconstruct said road in a manner that would conflict with the intent of this Open Space Easement. 3. Rights of MROSD Duly authorized employees of MROSD shall have the right to conduct periodic inspections of the SUBJECT PROPERTY to determine compliance with the terms and conditions of this One_r. Space Easement, f0110Win(T wr _q `en request bV MROSD a.. ^.d written consent by CPSJ, which consent shall not be unreasonably Withheld. CPSJ shall receive in a timely manner a copy, if any, of the report of such inspection by MROSD. 4. Eminent Domain In the event any interest in the SUBJECT PROPERTY is sought to be acquired by eminent domain by any public entity or other party, including, but not limited to, MROSD or TOWN or any other public agency or party, this Grant of Open Space Easement and each and every term, condition, restriction and covenant contained herein shall terminate as of the time immedi- ately prior to the filing of any action in eminent domain to acquire any such interest. In the event of any such attempted acquisition by eminent domain, the SUBJECT PROPERTY and any remaining property of CPSJ shall be. valued as though this Grant Of Open Space Easement never existed and this Grant of Open Space Easement shall not be admissible in evidence or in any way considered in determining the just compensation to be paid, Grant of Open Space Easement Page Six including, but not limited to, the fair market value of the. property to be acquired and severance damages to any remaining property. It is the intent of the parties that CPSJ shall be entitled to recover such compensation for any such acquisition by eminent domain as CPSJ would have been entitled to recover had the SUBJECT PROPERTY never been burdened by this Grant of Open Space Easement; provided, however, that during the pendency of any such action in eminent domain, CPSJ'S actual use of the SUBJECT PROPERTY shall be restricted as provided in this Grant of Open Space Easement and provided further, that in the event any such eminent domain action is abandoned or dismissed prior to the recordation of a Final Judgment in Condemnation relative to the SUBJECT PROPERTY, or portion thereof, and such interest in the SUBJECT PROPERTY is not actually acquired for public use, the SUBJECT PROPERTY, at the time of such abandonment or dis- missal shall once again be subject to this Grant of Open Space Easement and to each and every stated purpose, term, condition, restriction and covenant herein. CPSJ shall be entitled to receive the entirety of any and all compensation to be paid for any such acquisition of any interest in the SUBJECT PROPERTY. MROSD and TOWN shall have the right to object to any such attempted acquisition of any interest in the SUBJECT PROPERTY, but only on the basis that any such attempted acquisition is not for a higher and better public use than the use to which the SUBJECT PROPERTY is being put in accordance with this Grant of Open Space Easement and in no event shall MROSD or TOWN take any action which would tend to reduce the amount of compensation which would be payable to CPSJ for any such attempted acquisition by eminent domain. ;. a7 Grant of Open Space Easement Page Seven 5. Enforceable Restriction This easement and each and every term, condition, restriction and covenant contained herein constitutes an enforce- able restriction pursuant to the provisions of Section 8 of Article XIII of the California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code and Section 5540 of the Public Resources Code of the State of California and shall bind CPSJ and its heirs, successors and assigns and each and all of them and is intended to run with the land, and shall be for the benefit of MROSD and TOWN, their successors and assigns and for the benefit of the lands of MROSD and TOWN, being more particularly described in Exhibit "III" as attached hereto and incorporated herein by this reference. Further, each and every term, condition, restriction, reservation and covenant contained herein shall bind and inure to the benefit of the respective lessees, successors, and assigns of each of the parties hereto. The stated purposes, terms, conditions, restrictions, reservations and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in Grant of Open Space Easement DATED: STATE OF CALIFORNIA COVNTYOF SANTA CLARA SL Accepted and Approved: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Body Corporate and Politic Page Eight THE CALIFORNIA PROVINCE OF THE SOCIETY OF JESUS, a California Non — Profit Religious Corporation By: On this day of in the year one thousand nine hundred and _.. _ before me, a Notary Pubtiq State of California, duty commisuoned and swon% personally appeared known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person_ -- who swatted the within inttntment on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same LV WITNESS WHEREOF 1 have hereunto set my hand and a //fixed my ofrxiai seat in the _ County of SANTA CL ARA the day and Year in thiscerd1%Wte jhst above Witten. Notary Public, State of califomia TOWN OF LOS GATOS, a Municipal Corporation By: By: Title: Date: Title: Date: Attest: ' Attest: District Clerk (-SEAL) Town Clerk ExHIBIT (SEAL) 32 Of Page of LEGAL DESCRIPTION OPEN SPACE PARCEL All that certain real property situated in the County of Santa Clara. State of California, described as follows: PARCEL dNE: LOTS 1. 2, 13 and 14 in Section 28, Township 8 South, Range 1 West, H.D.B. b H. EXCEPTING THEREFROM ALL OF THAT PORTION LYING NORTHERLY OF THE FOLLOWING DECRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 114 OF SECTION 28, T8S, R1W, M.D.B. 6c M. AND RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 28 TO ITS INTERSECTION WITH A LINE PRODUCED WESTERLY FROM AN EXISTING ROW OF OLIVE TREES, SAID TREES BEING THE NORTHERLY LINE OF AN ADANDONED BASEBALL FIELD; THENCE FROM SAID INTERSECTION, EASTERLY AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 28 TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 28. of [81T �. Page of PARCEL TWO: LOTS 3, 4, 5 and 6 in Section 28, Township 8 South, Range 1 West, M.D.B. 6 M. TOGETHER WITH the right to construct and use a road or roads across Parcel lA described below, for access to and from the remaining property of the grantors located Northerly of said parcel to the new two -way road to be built by the Grantee on said parcel, as reserved in the Deed from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District, dated September 20, 1951, recorded September 26, 1951. in Book 2290 of Official Records at page 207. IA. EXCEPTING THEREFROM that portion thereof described in the Deed from Noviciate of Los Gatos, to Santa Clara Valley Water Conservation District, recorded September 26, 1951 in Book 3290 of Official Records at page 207, described as follows: BEGINNING at a point on the Section line between Sections 28 and 33, Township S. South, Range 1 West, M.D.B. '& H., said point lying South 88° 38' East 1239.92 feet from Section corner 29/28 T 8 S R 1 W, H.D.B. 32/33 thence leaving said point of beginning the following courses and distances: North 23' 43' East, 537.35 feet; North 60° 29' East, 664.95 feet; North 69° 29' East, 149.05 feet; North 350 16' East, 640.55 feet to a point on t.e Easterly boundary of Lot 6 in Section 28, T 8 S. R 1 W, H.D.B. 6 H.; thence along said Lot line South 0' 05' West, 962.17 feet to the Southeast corner of the Southwest 1/4 of Section 28, T 8 S, R 1 W, H.D.B. 6 M; thence along the section line between Sections 28 and 33, T 8 S R 1 W. M.D.B. 6 M, North 88' 38' West, 1571.78 feet to the point of beginning. CONTAINING 26.47 acres, more or less, and being a part of Lots 4 and 6 in Section 28, T 8 S R 1 W, H.D.B. S M. ZA. ALSO EXCEPTING THEREFROM that portion thereof described in the Deed from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District. recorded November 7, 1952 in Book 2522 of Official Records at page 420, described as follows: Beginning at the 'section corner common to Sections 280 29, 32 and 33, T S S R 1 W., M.D.B. 6 M; thence Northerly and along the Section line, North and South between Sections 28 and 29, T 8 S R 1 W., M.D.B. b H; North 654.66 feet to the point of intersection of said last mentioned section line with the center line of a 20 foot right of way hereinbefore conveyed to Santa Clara Valley Water Conservation District; j Y thence leaving said mentioned section line, North 85' 04' East 2181.91 1O feet and North 85' 16' East 640.55 feet to a point an the 1/4 section line �. running North and•South through the center of Section 28, T 8 S R 1 W., H.D.B. S H; thence Southerly and along the last mentioned 1/4 Section line, South 0. 05' West 962.17 feet to the 114 section corner on the South boundary ' Of Section 28, T 8 S R 1 W., K.D.B. S M; 1.% Continued/ Page of continued... thence Westerly and along the section line running Ease and hest between sections 28 and 33, T 8 S R L.H., H.D.B. G H; North 88' 38' West 2811.60 feet Co the place of beginning. CONTAINING 52.232 acres of land. more or less. EXCEPTING THEREFROM Parcel I of lands conveyed herebefore to Santa Clara Valley Water Conservation District, by Deed recorded September 26, 1951 in Eook 2290, Official Records, page 207. EXCEPTING THEREFROM PARCELS ONE do TWO ALL THAT PORTION LYING WESTERLY AND SOUTHERLY OF A LINE DRAWN PARALLEL AND 20 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN TOWNSHIP 8 SOUTH, RANGE I WEST, M.D.B. & M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55 FEET TO THE CENTERLINE OF A ROAD AND THE POINT OF BEGINNING FOR THIS DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 00 12' 40" WEST, 2401.91 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES: THENCE SOUTH 750 35' 50" EAST '"HENCE SOUTH 420 05' 40" "EAST THENCE SOUTH 300 0V 00" WEST THENCE SOUTH 560 34' 10" WEST THENCE SOUTH 71° 23' 20" WEST THENCE SOUTH 790 13' 50" WEST THENCE SOUTH 540 05' 30" WEST THENCE SOUTH 110 32' 10" EAST THENCE SOUTH 510 02' 30" EAST THENCE SOUTH 71° 29' 20" EAST THENCE SOUTH 730 59' 20" EAST THENCE SOUTH 830 58' 10" EAST THENCE NORTH 830 14' 00" EAST THENCE NORTH 690 31' 50" EAST THENCE NORTH 630 21' 00" EAST THENCE NORTH 570 59' 30" EAST THENCE NORTH 650 19' 10" EAST THENCE NORTH 590 35, 50" EAST THENCE NORTH 470 21' 10" EAST THENCE NORTH 320 52' 00" EAST THENCE NORTH 430 08' 20" EAST THENCE NORTH 520 45' 30" EAST THENCE NORTH 430 29' 50" EAST THENCE NORTH 610 24' 40" EAST THENCE NORTH 790 57' 00" EAST THENCE NORTH 840 05' 50" EAST THENCE NORTH 750 28' 20" EAST THENCE NORTH 650 51' 30" EAST (3) 31.01 FEET TO A RAILROAD SPIKE; 33.05 F EET TO A RAILROAD SPIKE; 23.62 FEET TO A RAILROAD SPIKE; 24.31 FEET TO A RAILROAD SPIKE; 26.66 FEET TO AN IRON PIPE; 49.81 FEET TO AN IRON PIPE; 34.10 FEET TO A RAILROAD SPIKE; 33.75 FEET TO A RAILROAD SPIKE; 26.32 FEET TO A RAILROAD SPIKE, 49.30 FEET TO A RAILROAD SPIKE; 35.78 FEET TO A RAILROAD SPIKE; 18.68 FEET TO A RAILROAD SPIKE; 68.44 FEET TO A RAILROAD SPIKE; 40.17 FEET TO A RAILROAD SPIKE; 50.54 FEET TO A RAILROAD SPIKE; 33.50 FEET TO A RAILROAD SPIKE; 33.86 FEET TO A RAILROAD SPIKE; 29.39 FEET TO AN IRON PIPE; 51.52 FEET TO AN IRON PIPE; 51.06 FEET TO A RAILROAD SPIKE; 31.78 FEET TO A RAILROAD SPIKE; 62.48 FEET TO A RAILROAD SPIKE; 83.42 FEET TO A RAILROAD SPIKE; 45.48 FEET TO A RAILROAD SPIKE; 49.55 FEET TO A RAILROAD SPIKE; 138.65 FEET TO A RAILROAD SPIKE; 44.70 FEET TO A RAILROAD SPIKE; 24.10 FEET TO A RAILROAD SPIKE; c.� 0 C H18I T Z aaUe ® -® THENCE NORTH 55° 17' 00" EAST 42.54 FEET TO A RAILROAD SPIKE; THENCE NORTH 670 31' 30" EAST 39.87 FEET TO AN IRON PIPE; THENCE NORTH 720 59' LO" EAST 64.61 FEET TO AN IRON PIPE; THENCE SOUTH 080 46' 10" WEST 63.97 FEET TO AN IRON PIPE; THENCE SOUTH 07° 40' 30" EAST 68.37 FEET TO A RAILROAD SPIKE; THENCE SOUTH 230 30' 40" EAST 44.38 FEET TO A RAILROAD SPIKE; THENCE SOUTH 280 50' 30" EAST 84.79 FEET TO A RAILROAD SPIKE; THENCE SOUTH 430 44' 40" EAST 34.93 FEET TO A RAILROAD SPIKE; THENCE SOUTH 780 20' SO" EAST 23.96 FEET TO A RAILROAD SPIKE; THENCE NORTH 840 31' 20" EAST 23.82 FEET TO A RAILROAD SPIKE; THENCE NORTH 730 27' 30" EAST 141.13 FEET TO A RAILROAD SPIKE; THENCE NORTH 820 34' 50" EAST 32.65 FEET TO AN IRON PIPE; THENCE NORTH 860 25' 30" EAST 38.92 FEET TO A RAILROAD SPIKE; THENCE SOUTH 77° 41' 30" EAST 88.11 FEET TO AN IRON PIPE; THENCE SOUTH 690 52' 50" EAST 68.42 FEET TO A RAILROAD SPIKE; THENCE SOUTH 63° 02' 50" EAST 133.S6 FEET TO A RAILROAD SPIKE; THENCE SOUTH 880 46' 00" EAST 26.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 370 07' 10" EAST 22.09 FEET TO A RAILROAD SPIKE; THENCE NORTH 030 41' 20" EAST 23.26 FEET TO A RAILROAD SPIKE; THENCE NORTH 06" 43' 30" WEST 75.20 FEET TO A RAILROAD SPIKE; THENCE NORTH O1° 21' 40" WEST 123.70 FEET TO A RAILROAD SPIKE; THENCE NORTH 130 07' 20" WEST 80.94 FEET TO AN IRON PIPE; THENCE NORTH 020 51' 30" EAST 57.25 FEET TO A RAILROAD SPIKE; THENCE NORTH 100 01' 10" EAST 46.66 FEET TO AN IRON PIPE; THENCE NORTH 14° 02' 30" EAST 35.33 FEET TO A RAILROAD SPIKE; THENCE NORTH 260 33' 10" EAST 75.63 FEET TO A RAILROAD SPIKE; THENCE NORTH 480 i3' I0" EAST .104.63 FEET TO AN IRON PIPE; THENCE NORTH 520 26' 10" EAST 60.00 FEET; THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING COURSES: THENCE NORTH Ol° 00' 00" WEST 37.00 FEET; THENCE NORTH 100 00' 00" EAST 165.00 FEET; THENCE NORTH 400 00' 00" EAST 100.00 FEET; THENCE NORTH 760 00' 00" EAST 90.00 FEET; THENCE SOUTH 80° 00' 00" EAST 80.00 FEET; THENCE SOUTH 620 00' 00" EAST 210.00 FEET; THENCE SOUTH 82° 00' 00" EAST 65.00 FEET; THENCE NORTH 62" 00' 00" EAST 65.00 FEET; THENCE NORTH 47" 00' 00" EAST 575.00 FEET; THENCE NORTH 730 00' 00" EAST 129.86 FEET, TO THE QUARTER SECTION LINE. OF SAID SECTION 28. PARCEL THREE: NORTH -SOUTH Beginning at the quarter corner common to Section 28 $ 29 in Township 8 South, Range 1 West, M.D.B.&M. And running Thence along the line common to said Sections 28 & 29 South 0. 12' 40" East, 257.88 Feet; Thence North 75° 35' 50" West, 200 Feet; Thence North 200 46' 30" East; 543 Feet more or less to the line common to Sections 28 do 29; Thence Southerly along the line common to section 28 dt 29, 300.00 Feet more or less to the Point of Beginning. (4) .� rM r. _ ra 2 91%1 -o PARCEL FOUR COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 do 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B.&M. AND RUNNING THENCE SOUTH 00 12' 40" EAST, 372.38 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 710 23' 20" West 0.46; THENCE SOUTH 790 13' 50" West 46.72; THENCE SOUTH 540 05' 30" WEST 16.75; THENCE SOUTH 110 32' 10" EAST 13.67; THENCE SOUTH 510 02' 30" EAST 15.53; THENCE SOUTH 710 29' 20" EAST 45.69 THENCE SOUTH 730 59' 20" EAST 2.05 TO A POINT ON THE SECTION LINE COMMON TO SECTION 28 & 29, SAID POINT BEARS SOUTH 00 12' 40" EAST, 429.31 FEET FROM SAID QUARTER CORNER. (5) �z EXHiBIT 'Page Jof..J.� zi 25) YZ is 0 SIZ 4w, �mw i-W I ROAD \NJ -I- L.'XII-IIJBIT A P ,-. 0 ; / 12 LEGAL DESCRIPTION EXHIBIT PEE CONVEYANCE Page of All that certain real property situated in the County of Santa Clara. State of California. described as follows: PARCEL ONE: All that portion of the Northeast Quarter (HE 114) of Section Twenty -Nine (29) in Township Eight South, Range 1 West, H.D.B. b M., lying Easterly of the Easterly line of Assessment Lot No. 79, as said Easterly line is shown upon that certain Hap entitled, "Hap No. 72. San Jose Water Works Lands ", which Hap was filed on February 26, 1944 in Book 6 of maps, at page 30, Santa Clara County Records. EXCEPTING THEREFROM all that portion thereof lying 16.50 feet on each side of the center line of Assessment Lot No. 70-B as said center line is described and shown upon that certain Map entitled, "Map No. 81 San Jose Water Works Lands ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara,.State of California, on March 1, 1944 in Book 6 of Maps, at page 35. EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water line of the east bank of the Los Gatos Creek." PARCEL TWO: LOTS 1, 2, 13 and 14 in Section 28, Township 8 South, Range 1 West, H.D.B. 6 M. EXCEPTING THEREFROM all that portion thereof lying 16.50�feet on each side of the center line of Assessment Lot No. 7G-B as said center line is described and shown upon that certain Map entitled. "Map No. 81 San Jose Water Works Lands ". which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 1, 1944 in Book 6 of Maps, at page 35. u • •a• �� That portion thereof lying within the bounds of the parcel of land described in the deed to Noviate of Los Gatos, by instrument recorded February 23, 1972 in Book 9715, Official Records, Page 309, as follows, to wit: COt40:NCING at the section corn common to Sections 20, 21, 28, and 29 of Township 8 South, Range 1 West, Mount Diablo Base and Meridian. thence S. 89' 15' E., on and Along the section line common to aid sections 21 and 28, A distance of 880 feet. to the true point of commencement of, the parcel of land herein described, thaate from said true point of commencement. Southerly. at right angles to said section line, a distaste of 3Z5 fact, thence at right eagles, Easterly, 150 feet, (and parallel to said section line), a distance of thence at right angles, Southerly, a distaste of 310 feet. thence at right angles, Easterly, (and parallel to said section line), a distance of 185 feet, Continued/ EXHI -31T EN'HISIT Raga of continued . . . thence at right angles, Northerly, a distance of 210 feet, thanes at right angles, Easterly, (and parallel to said section line), a distance of 55 feet, thence at right angles, Northerly, a distance of 425 feet to a point in the said section lice common to said Sections 21 and 28. thence N. 89' 15' W., on and along said section line, a distance of 390 feet, to the true point of commencement, containing 4.35 acres, and being a portion of Lot 1 (NH 1/4. NH 114) of said Section 28. ALSO EXCEPTING FROM PARCEL ONE AND PARCEL TWO ABOVE DESCRIBED: That portion thereof lying within the bounds of the parcel of land described in the deed to Town of Los Gatos, by instrument recorded October 9, 1967 in Book 7885, Official Records, page 241, as follows, to wit: "A portion of Sections 20, 21, 28 and 29 of Township 8 South, Range 1 Hest, H.D.B. b M., described as follows: Beginning at a 3/4 inch iron pipe set at the Southerly terminus of the Easterly line of Jones Road, 40 feet vide, as shown on the Map of Tract N. 554, Stonehedge, filed July 18, 1949, Book 24 of Maps, page 18, records of Santa Clara County, said point of beginning also being the Southwesterly corner. of Lot 1, as shown on said Map; thence N. 89' 39' H., along the Southerly terminus of said Jones Road and the Southerly line of Lot A, as shown on the Map of Canyon View Terrace, filed November 19, 1927, Book "H" of Maps, pages 22 and 23, Santa Clara County Records, 364.06 feet to a 2" x 2" stake set at the Southeasterly corner of Lot 7, as shown on the Map of Tract No. 330, Array& Vista, filed July 8, 1946, Book 11 of Maps, page 14, records of Santa Clara County; thence N. 89' 36' 42" H., along the Southerly lines of Lots 7 and 8 of said Tract No. 330, Array& Vista, 163.88 feet to a one inch iron pipe; thence along the Easterly line of the strip of land reserved for the old flume of the Los Gatos Manufacturing Co., the following courses and distances: S. 9. 54. 32" E., 232.98 feet to &.one inch pipe; and S. 7' 35' 28" H., 95.04 feet to a one inch iron pipe set at the most Northerly corner of the 0.117 acre parcel of land conveyed to the State of California, by Deed recorded September 28, 1954, Book 2%9 Official Records, page 49; thence along the Easterly line of said 0.117 acre parcel of land the following courses and distances: S. 17. 13' 23" E.. 34.85 feet to a C.S.C. monument and.S. 17. 491 '21" W., 176.84 feet to a one inch iron pipe set at the most Southerly corner thereof; thence S. 4. 46' 14" E., 171.90 feet; thence S. 80' 18' E. 255.48 feet to a one inch iron pipe; thence N. 26. 13. 19" E. 34.88 fact to a one inch iron pipe; :,B,.. thence N. 38' 00' 19" E. 29 feat to a one inch.lron Pipe; "'�'I� thence; S. 28. 55. 19" E. 93.27 fact to a one inch iron pipe; a a Of (2) Continued/ L:�,�i6uSl' continued . . . thence N. 27. 25' 19" E. 63.59 feet to a one inch iron pipe.; theaca N. 33' 40' 19" E. 28.42 feet to a one inch iron pipe; thence N. 37' 15' 19" E. 40.17 feet to.a one inch iron pipe; thence N. 67' 27' 19" E. 11.13 feet to a one inch iron pipe; thence N. 30. 25' 19" E. 73.55 feet to a one inch iron pipe; thence N. 35' 05' 19" E. 17.95 feet to a one inch iron pipe; thence N. 43' 55' 19" E. 46.15 feet to a one inch iron pipe; thence N. 37' 40"19" E. 13.93 feet to it one inch iron pipe; thence N. 23' 55' 19" E. 28.35 feet to a one inch iron pipe; thence N. 18' 05' 19" E. 31.06 feet to a one inch iron pipe; thence N. 21' 35' 19" E. 18.04 feet to a one inch iron pipe; thence N. 35' 40' 19" E. 15.16 feet to a one inch iron pipe; thence N. 46' 25' 19" E. 14.35 feet to a one inch iron pipe; thence N. 51' 35' 19" E.'47.55 feet to a one inch iron pipe; thence N. 46' 40' 19" E. 25.72 feet to a one inch iron pipe; thence N. 40' 15' 19" E. 51.30 feet to a one inch iron pipe; thence N. 42' 40' 19" E. 63.83 feet to a one inch iron pipe; thence N. 46''50' 19" E. 26.84 feet to a one inch iron pipe; thence N. 15' 55' 19" E. 9.32 feet to a one inch iron pipe; .thence N. 28' 15' 19" E. 9.61 feet to a one inch iron pipe; thence N. 20' 25' 19" E. 69.18 feet to a one inch iron pipe; thence N. 12' 30' 19" E. 9.73 feet to a one inch iron pipe; thence N. 6' 05' 19" E. 23.58 feet to a one inch iron pipe; which bears S. 89' 34' 43" E. :roe the point of beginning; thence N. 89' 34' 43" W. along the East prolongation of the Southerly line of Lot 1 as shown on said Hap of Tract No. 554, Stonehedge, 55.86 feet to a 3/4 inch iron pipe set at the Southeast corner of 'said Lot 1; thence N. 89' 34' 43" W. along said Southerly line 150 feet to the point of beginning and designated as 8.000 acres, more or less, on the Record of Survey Hap filed June 22, 1967, Book 224, Maps, page 21, Santa Clara County Records. EXCEPTING THEREFROM: All that portion thereof lying Westerly of the high water line of the east batik of the Los Gatos Crock." PARCEL THREE: MAT PORTION OF THE SOUTHEAST QUARTER (SE 1 14).of Section 29 in Township 8 South, Range 1 West, M.D.B. S M., described as follows: Beginning at the 114 section corner standing in the Section line running between Sections 28 and 29 and in the Township and Range aforesaid, and running thence South along said Section line 591.36 feet to a point marked "H.W." (being the common corner of the land described herein and the lands formerly of Humphrey Estate Inc.) thence West along the Northerly line of said Humphrey land 724.02 feet, more or less, to a point of intersection with the Easterly line of Assess- , meat Lot No. 15, as said Lot and line are shown and described upon chat certain Map entitled, "Map No. 71 of San Jose Water Works Land ", which Map was filed for � record in the Office of the Recorder of the County of Santa Clara, State of California, on February 26, 1944 in Book 6 of Maps, at page 29, records of said County; .w thence Northerly along said Easterly line of Assessment Lot No. 15, to the point of intersection of said Easterly line with the 114 section line seeing East and West through said Section 29; thence Easterly along the last mentioned line 736.56 feet. more or less. 22 H1sr 'ale Of PARCEL FOUR: TATS 3, 4, 5 and 6 in Section 28, Township 8 South, Range 1 West, M.D.B. & M. TOGETHER WITH the right to construct and use a road or roads across Parcel IA described below, for access to and from the remaining property of the grantors located Northerly of said parcel to the new two -way road to be built by the Grantee on said parcel, as reserved in the Deed from Novitiate of Los Gatos, to Santa Clara valley Water Conservation District, dated September 20, 1951, recorded September 26, 1951.in Book 2290 of Official Records at page 207. I.A. EXCEPTING THEREFROM that portion thereof described in the Deed from Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District, recorded September 26, 1951 in Book 2290 of Official Records at page 207, described as follows: BEGINNING ac a point on the Section line between Sections 28 and 33, Township 8, South, Range 1 West, H.D.S. & M., said point lying South 88' 38' East 1239.92 feet from Section corner 29/28 T.8 S R 1 W, M.D.B. & M.; 32/33 thence leaving said point of beginning the following courses and distances: North 23' 43' East, 537.35 feet;. North 60' 29' East, 664.95 feet; ;forth 69° 29' East. 149.05 fee--; North 85° 16' East, 640.55 feet to a point on the Easterly boundary of Lot 6 in Section 28, T 8 S. R 1 W, H.D.B. & M.; thence along said Lot line South 0' 05' West, 962.17 feet to the Southeast corner of the Southwest 1/4 of Section 28; T 8 S, R 1 W, H.D.B. & M; thence along the section line between Sections 28 and 33, T 8 S R 1 W., M.D.B. & M, North 88. 38' West, 1571.78 feet to the point of beginning. CONTAINING 26.47 acres, more or less, and being a part of Lots 4 and 6 in Section 28, T 8 S R 1 W, H.D.B. & H. 2A. ALSO EXCEPTING THEREFROM that portion thereof described in the Deed Yom Novitiate of Los Gatos, to Santa Clara Valley Water Conservation District, recorded November 7, 1952 in Book 2522 of Official Records at page 420, described as follows: Beginning at the 'section corner common to Sections 28, 29, 32 and 33, T 8 S R 1 W., H.D.B. & M; thence Northerly and along the Section line, North and South between Sections 28 and 29, T 8 S R 1 W., M.D.B. & M; North 654.66 feet to the point of intersection of said last mentioned u .z section line with the center Line of a 20 foot right of way hereinbefore t= conveyed to Santa Clara Valley Water Conservation District; ±� . thence leaving said mentioned section line, North 85' 04' East 2181.91 feet and North' 850 16' East 640.55 feet to a point on the 1/4 section line le running North and South through the center of Section 28, T 8 S R 1 W., H.D.B. & M; thence Southerly and along the last mentioned 114 Section line, South 0' 05' West 962.17 feet to the 114 section corner on the South boundary of Section 28, T 8 S R 1 W., H.D.B. & M; Page of continued... thence Westerly and along the section line running Past and West between sections 28 and 33, T 8 S R L-W., M.D.B. L H; North 88' 38' West 2811.60 feet to the place of beginning. CONTAIkNG 52.232'acres of land. more or less. EXCEPTING THEREPIM Pareel 1 of lands conveyed herebefore to Santa Clara Valley Water Conservation District. by Deed recorded September 26, 1951 in Book 2290, Official Records, page 207. EXCEPTING THEREFROM ALL THAT PORTION OF PARCELS ONE, TWO, THREE AND FOUR LYING EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28 AND NORTHERLY OF A LINE DRAWN PARALLEL AND 20 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. 6c M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55 FEET TO THE CENTERLINE OF A ROAD AND THE POINT OF BEGINNING FOR THIS DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 0° 12' 40" WEST, 2401.91 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES: THENCE SOUTH 750 35' 50" EAST 31.01 FEET TO A RAILROAD SPIKE; THENCE SOUTH 420 05' 40" EAST 33.05 FEET TO A RAILROAD SPIKE; THENCE SOUTH 300 Olt 00" WEST 23.62 FEET TO A RAILROAD SPIKE; THENCE SOUTH 560 34' 10" WEST 24.31 FEET TO A RAILROAD SPIKE; THENCE SOUTH 710 23' 20" WEST 26.66 FEET TO AN IRON PIPE; THENCE SOUTH 790 13' 50" WEST 49.81 FEET TO AN IRON PIPE; THENCE SOUTH 540 05' 30" WEST 34.10 FEET TO A RAILROAD SPIKE; THENCE SOUTH 110 32' 10" EAST 33.75 FEET TO A RAILROAD SPIKE; THENCE SOUTH 510 02' 30" EAST 26.32 FEET TO A RAILROAD SPIKE; THENCE SOUTH 710 29' 20" EAST 49.30 FEET TO A RAILROAD SPIKE; THENCE SOUTH 730 59' 20" EAST 35.78 FEET TO A RAILROAD SPIKE; THENCE SOUTH 830 58' 10" EAST 18.68 FEET TO A RAILROAD SPIKE; THENCE NORTH 830 14' 00" EAST 68.44 FEET TO A RAILROAD SPIKE; THENCE NORTH 690 31' 50" EAST 40.17 FEET TO A RAILROAD SPIKE; THENCE NORTH 630 21' 00" EAST 50.64 FEET TO A RAILROAD SPIKE; THENCE NORTH 570 59' 30" EAST 33.50 FEET TO A RAILROAD SPIKE; THENCE NORTH 656 19' 10" EAST 33.86 FEET TO A RAILROAD SPIKE; THENCE NORTH 590 35' 50" EAST 29.39 FEET TO AN IRON PIPE; THENCE NORTH 470 21' 10" EAST 51.52 FEET TO AN IRON PIPE; THENCE NORTH 320 52' 00" EAST 51.06 FEET TO A RAILROAD SPIKE; °'a+ THENCE NORTH 430 08' 20" EAST 31.78 FEET TO A RAILROAD SPIKE; Orr THENCE NORTH 520 45' 30" EAST 62.48 FEET TO A RAILROAD SPIKE; THENCE NORTH 430 29' 50" EAST 83.42 FEET TO A RAILROAD SPIKE; -4 THENCE NORTH 610 24' 40" EAST 45.48 FEET TO A RAILROAD SPIKE; } THENCE NORTH 790 57' 00" EAST 49.55 FEET TO A RAILROAD SPIKE; '^ THENCE NORTH 840 05' 50" EAST 138.65 FEET TO A RAILROAD SPIKE; THENCE NORTH 750 28' 20" EAST 44.70 FEET TO A RAILROAD SPIKE; THENCE NORTH 650 51' 30" EAST 24.10 FEET TO A RAILROAD SPIKE; (5) �:xHia�T Page �of THENCE NORTH 550 17' 00" EAST 42.54 FEET TO A RAILROAD SPIKE; THENCE NORTH 670 31' 30" EAST 39.67 FEET TO AN IRON PIPE; THENCE NORTH 720 591 10" EAST 64.61 FEET TO AN IRON PIPE; THENCE SOUTH 080 461 10" WEST 63.97 FEET TO AN IRON PIPE; THENCE SOUTH 070 401 30" EAST 68.37 FEET TO A RAILROAD SPIKE; THENCE SOUTH 230 30' 40" EAST 44.36 FEET TO A RAILROAD SPIKE; THENCE SOUTH 280 50' 30" EAST 84.79 FEET TO A RAILROAD SPIKE; THENCE SOUTH 430 441 40" EAST 34.93 FEET TO A RAILROAD SPIKE; THENCE SOUTH 78° 20' 50" EAST 23.96 FEET TO A RAILROAD SPIKE; THENCE NORTH 840 31' 20" EAST 23.62 FEET TO A RAILROAD SPIKE; THENCE NORTH 730 271 30" EAST 141.13 FEET TO A RAILROAD SPIKE, THENCE NORTH 820 34' 50" EAST 32.65 FEET TO AN IRON PIPE; THENCE NORTH 860 251 30" EAST 38.92 FEET TO A RAILROAD SPIKE; THENCE SOUTH 770 411 30" EAST 88.11 FEET TO AN IRON PIPE; THENCE SOUTH 690 52' 50" EAST 68.42 FEET TO A RAILROAD SPIKE; THENCE SOUTH 630 021 50" EAST 133.66 FEET TO A RAILROAD SPIKE; THENCE SOUTH 880 461 00" EAST 26.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 370 07' 10" EAST 22.09 FEET TO A RAILROAD SPIKE; THENCE NORTH 036 41' 20" EAST 23.26 FEET TO A RAILROAD SPIKE; THENCE NORTH 060 43' 30" WEST 75.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 010 21' 40" WEST 123.70 FEET TO A RAILROAD SPIKE; THENCE NORTH 130 071 20" WEST 80.94 FEET TO AN IRON PIPE; THENCE NORTH 020 51' 30" EAST 67.25 FEET TO A RAILROAD SPIKE; THENCE NORTH 100 011 10" EAST' 46.56 FEET TO AN IRON PIPE; THENCE NORTH 140 02' 30" EAST 35.33 FEET TO A RAILROAD SPIKE; THENCE NORTH 250 33' 10" EAST ^5.53 FEET TO A RAILROAD SPIKE; THENCE NORTH 480 13' 10" EAST 104.63 FEET TO AN IRON PIPE; THENCE NORTH 520 261 10" EAST 60.00 FEET; THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING COURSES: THENCE NORTH 010 00' 00" WEST 37.00 FEET; THENCE NORTH 100 00' 00" EAST 165.00 FEET; THENCE NORTH 400 00' 00" EAST 100.00 FEET; THENCE NORTH 760 00' 00" EAST 90.00 FEET; THENCE SOUTH 800 00' 00" EAST 80.00 FEET; THENCE SOUTH 620 001 00" EAST 210.00 FEET; THENCE SOUTH 820 00' 00" EAST 65.00 FEET; THENCE NORTH 620 001 00" EAST 65.00 FEET; THENCE NORTH 470 00' 00" EAST 575.00 FEET; THENCE NORTH 730 001 00" EAST 129.86 FEET, TO THE NORTH -SOUTH QUARTER SECTION LINE OF SAID SECTION 28. ALSO EXCEPTING THEREFROM: That portion of Parcels One, Two, Three and Four described as follows: Beginning at the quarter corner common to Section 28 & 29 in Township 8 South, Range 1 West, M.D.B.&M. And ntnning Thence along the line common to said Sections 28 & 29 South 0® 121 40" East, 257.88 Feet; Thence North 75° 351 50" West, 200 Feet; Thence North 200 461 30" East; 543 Feet more or less to the line common to Sections 28 & 29; Thence Southerly along the line common to section 28 & 29, 300.00 Feet m or less to the Point of Beginning. , H e 3 8 T or ray RESOLUTION NO. 84 -5 TOWN OF LOS GATOS PLANNING COMMISSION A RESOLUTION OF THE TOWN OF LOS GATOS PLANNING COMMISSION FINDING THAT THE PROPOSED ACCEPTANCE OF A GRANT OF AN OPEN -SPACE EASEMENT BY THE T014N COUNCIL ON PROPERTY KNOWN AS THE "NOVITIATE" IS CONSISTENT WITH THE TOWN'S GENERAL PLAN AND THE LOS GATOS HILLSIDE SPECIFIC PLAN WHEREAS, the Town Council in accordance with Government Code Section 51085 referred the open -space easement on the Novitiate property to the Planning Commission for a report, and WHEREAS, on September 26, 1984, the Planning Commission reviewed the documents setting forth the terms of the open -space easement and the map showing its extent, and WHEREAS, the Planning Commission compared this information to the Town's currently adopted General Plan, the Revised General Plan that the Planning Com- mission has recommended to the Town Council for adoption and the adopted Los Gatos Hillside Specific Plan. RESOLVED: The Town of Los Gatos Planning Commission finds that the pro- posed grant of an open -space easement as shown on Exhibit A attached hereto and made a part of this resolution, is consistent with the current Town of Los Gatos General Plan (last amended March 15, 1931) in that the Environmental Resources Management Element: a. Classifies lands to he preserved as open -space and the proposed easement fits into the following categories: "Lands, marsh and water areas for fish and wildlife refuge. Such lands are essential to the life cycle of natural species or natural processes." "Natural amenities such as ridgelines and major topographic features that are visible from major population centers or that are accessible to large groups of people." "Land to protect the quality of water resources (including both ground water resources and reservoirs). These are lands outside of those used directly for water storage, but if they were to be developed they could compromise the quality of ground water runoff which would have eventually found its way to become a water resource." "Open areas to preserve airshed quality where development would result in unusual and serious degradation of the overall air quality in the region or where even normal emissions would have an unusually severe effect be- cause of airshed characteristics." "Lands for outdoor recreation suitable for passive and active outdoor recreational pursuits." EXHIBIT "B" "Lands to prevent inefficient urbanization, lands that are out of the Town's urban service area boundary or are without existing water, sewerage, fire protection or other public services, or have such topographical conditions that they cannot be developed without public subsidy." b. Lists the following goals and policies for open space lands, which should be applicable to the proposed easement. Goals: "Preserve natural resources for the protection of native ecosystems and man's material needs." "Conserve and protect open spaces which are vital as wildlife habitat, have historical or cultural significance, have unique geological features or represent a natural community amenity." "Provide open space for passive and active outdoor recreation uses." "Prevent inefficient urbanization and preserve and enhance Town identity." Policies: "Coordinate with all levels of government in utilizing available resources for the development of open space to satisfy the various recreation needs." ::n- emaLUre anfJ unnecessary con -ints'.ol oTl Open space land to urban uses should be discouraged in order to diminish noncontiguous development patterns which unnecessarily in- crease the costs of community services." Includes as an implementation measure that the Town is authorized by law to accept grants of open -space easements for the preservation of open space. FURTHER RESOLVED: The Town of Los Gatos Planning Commission finds that the proposed grant of an open -space easement as shown on Exhibit A attached hereto and made a part of this resolution, is consistent with the Los Gatos 'Hillside Specific Plan (last amended May 21, 1984), shows the Novitiate property as open space on Figure 3, Trails and Open Space Plan and includes the following findings, goals, policies and implementation measures which are applicable to the proposed easement: Finding: "The hillsides provide a natural scenic resource for residents of the study area of Los Gatos, and of Santa Clara Valley as a whole. It forms a scenic backdrop which is visible from much of the urbanized North Valley area. Retention of this scenic resource through proper hillside residential controls has both an aesthetic and economic impact upon the local community, both Town and County." - 2 - Goal: "Preservation of large areas of the study area for appro- priate kinds of open space, with appropriate consideration of costs to the public." Policies: "Open Space Easements: Open space easements shall be re- quired by the deciding body for hillside subdivisions in accordance with the topographical, ecological, aesthetic and other conditions pertinent to the making of such easements." "Open Space: This plan supports the Mid - Peninsula Region- al Open Space District in its search for and acquisition of sites within the study area." Implementation: "Open Space Easements: Open space easement policies shall be implemented for each subdivision or Planned Development application to protect creeks, ridgelines, stands of trees, scenic views, hazardous areas, and to provide for trails." "Open Space: Periodic reports on its investigations and activities by the Mid - Peninsula Open Space District shall be requested and, when possible, acted upon." FURTHER RESOLVED: The Town of Los Gatos Planning Commission finds that the proposed grant of an open -space easement as shown on Exhibit A attached hereto and made a part of this resolution, is consistent with the Revised Gener- al Plan as recon-lended by the Planning Commission on July 27, 1983, shows the Novitiate property as open space on Figure 7.1, the Open Space Plan, and includes the following findings, issues, goals, policies and implementation measures: Finding: "Midpeninsula Regional Open Space District - The Town has encouraged acquisition of properties by the Midpeninsula Regional Open Space District and has also joined with the District for the purchase of the Novitiate property." Issues: "Can there he a balance between developed and natural open space ?" "Is there adequate access to open space, especially re- gional open space ?" "How to maximize preservation of open space in the hillsides ?" Goals: "To use open space to preserve the natural environment, scenery and agricultural lands." "To use open space to define boundaries of the Town and scenic roadways." MM Policies: "Preserve open space character of prominent visible hill- side lands." "Protect the natural ridgelines as defined in the Hillside Specific Plan." "Promote coordination with all levels of government in u- tilizing available resources for the development of open space to satisfy recreation needs." "Preserve open space in hillside areas as natural open space." "Preserve the irreplaceable natural environment of the mountains." "Define the Town's southern boundary by passive open ATTEST: /s/ Leer E. Bowman L L . NI Secretary - 4 - space." "Use open space to protect unique natural features." Implementation: "An acquisition program shall be instituted consistent with the Housing Element and policy which includes, fee purchase, easement dedications and land donations. Areas to be considered: Novitiate, hillside open space, addi- tional park sites, unused closed school sites and large land - locked parcels." "In all hillside developments, require the dedication of open space in fee or as an easement to protect unique nat- ural features and to preserve the rural atmosphere." "Hillside open space shall not be developed into a park." PASSED AND ADOPTED this 25th day of September, 1984, by the following vote: AYES: Commissioners Gherardi, Holding, Laub, Morgan and Smith NOES: None ABSENT: Commissioners Burbank, Grimes, Ridley and Spector ABSTENTIONS: None /s/ Kathryn Morgan at ryn Morgan, Vice7hairman Town of Los Gatos Planning Commission ATTEST: /s/ Leer E. Bowman L L . NI Secretary - 4 -