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1985-044-Approving The Right-Of-Way Agreement Project 276-Los Gatos Creek Bike Path Between Blossom Hill Road And Roberts Road BridgeRESOLUTION No. 1985 -44 RESOLUTION APPROVING THE RIGHT -OF -WAY AGREEMENT PROJECT 276 - LOS GATOS CREEK BIKE PATH BETWEEN BLOSSOM HILL ROAD AND ROBERTS ROAD BRIDGE 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 an agreement entitled, "Right-of-Way .Agreement ", with Edward D. Nino, a copy of which is attached hereto. FURTHER RESOLVED, that the Mayor is authorized, and hereby directed to execute said agreement in the name and in behalf of the T011N OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 8th day of 1985 by the following vote: AYES: COUNCIL MEMBERS Fr' D Carlcnn Terrence J. Daily, Thomas_ J. Ferrito, Brent N. Ventura and Ma or Joanne Ben'amin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: ATTEST: CL RK F T E TOWN OF LDS GAT�S PLEASE RECORD AND RETURN T0. Town Clerk P.O. Box 949 Los Gatos, California 95031 Government Code 6103 NO FEE GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged. Edward D. Nino grants to the TOWN OF LOS GATOS, a municipal corporation of the State of California, the property in the County of Santa Clara, State of California, an easement to construct, use, and maintain a pedestrian /bicycle path on and across the following described parcel of land: Legal Description as per EXHIBIT "A" attached hereto and made a part herein. Dated. / U l) B Dated. BY, (Acknowledgement Required) EXHIBIT "A" TOWN OF LOS GATOS All that certain real property in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: Easement "A" A 12' wide easement, right angle measurement, the westerly line of which being more particularly described as follows: Beginning at an iron pipe in the center line of Roberts Road as shown on the record of survey of Roberts Road filed in Book 151 of Maps at Page 37, Santa Clara County Records, said iron pipe also being the most southerly point in the center line of Roberts Road as shown on the aforesaid record of survey; thence along the center line of Roberts Road N 110 47' 50" East, 300.00 feet to a point; thence leaving the center line of Roberts Road N 790 52' 32" West, 62.81 feet to THE TRUE POINT OF BEGINNING of this description, said true point of beginning being in the Westerly line of the easement to be described; thence S 00 51' 49" West, 60.86 feet; thence S 20 02' 22" East, 91.80 feet; thence S 230 27' 33" West, 51.94 feet; thence S 200 38' 50" West, 21.09 feet; thence S 130 59' 33" West, 37.73 feet; thence S 22° 50' 27" West, 34.45 feet; thence S 25° 17' 35" West, 40.69 feet; thence S 30° O1' 17" East, 22.98 feet; thence S 23° 41' 20" West, 48.47 feet; thence S 25° 40' 42" West, 33.17 feet; thence S 220 11' 05" West, 21.44 feet to a stake marked "11112 "; thence S 12° 04' 19" West, 52.42 feet; thence S 16° 04' 49" West, 20 feet; thence S 240 44' 00" West, 66.63 feet to the terminus of said Westerly line of this 12' wide easement. Easement "B" A 30' wide easement the center line of which being more particularly described as follows: Beginning at an iron pipe in the center line of Roberts Road as shown on the record of survey filed in Book 151 of Maps at Page 37, Santa Clara County Records, said iron pipe also being the most southerly point in the center line of Roberts Road as shown on the aforesaid record of survey; thence along the center line of Roberts Road S 150 20', W 210.10 feet to the TRUE POINT OF BEGINNING; thence from said true point of beginning and leaving the center line of Roberts Road N 300 02' 25 ", West 77.48' to a staked marked "11/12" and the terminus of said 30' wide easement excluding that portion lying within the limits of Roberts Road. RECEIPT FOR EASEMENT AND RIGHT -OF -WAY AGREEMENT GRANTOR: EDWARD D. NINO ADDRESS: 17330 ROBERTS ROAD LOS GATOS, CALIFORNIA 95030 A Grant of Easement covering the real property located in Los Gatos, California and described on Exhibit "A" attached hereto and made a part hereof has been executed and delivered to Ronald J Zapf Right -of -Way Agent for the Town of Los Gatos, on April 1, 1985 , subject to the following: 1. The delivery of said grant of easement shall be effective, and the Town of Los Gatos shall be authorized to accept and record same only upon 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 approved and executed Within sixty (60) days of the date above specified, said grant of easement shall be returned to Grantor(s), and the right -of -way agreement shall be null and void. RECEIPT RANT OF EASEMENT SUBJE TO/DESCRIBED ABOV LS ER MWLEDGED. AGREEMENT IT IS MUTUALLY AGREED AS FOLLOWS: 1. Grantor guarantees that at the time of granting said easement Grantor 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. 3. The Town of Los Gatos agrees to construct Project 276 upon the Grantor's property at no cost to the Grantor in exchange for an access easement for bicycle and pedestrian path purposes. The Town will record the easement. 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. r G OR TOWN OF LOS GATOS y a ri xxu 7WN CLERK, TOWN OF GWS Date.*-, APPROVED AS TO FORM: Date: " — ! -- Sc� RECOMMENDED BY: Date: �' 8� 0 Date: - -, -: ATTORNEY -2-