1986-063-Issue A Revocable Permit For The Construction Of An Entry Gate Post, Retaining Walls And Enhanced Paving At 15310 Kennedy RoadRESOLUTION NO. 1986 -63
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
TOWN ENGINEER TO ISSUE A REVOCABLE PERMIT
FOR
THE CONSTRUCTION OF AN ENTRY GATE POST, RETAINING WALLS
AND ENHANCED PAVING AT 15310 KENNEDY ROAD
WHEREAS, the property owners at 15310 Kennedy Road have agreed
to construct and maintain an entry gate post, retaining wall and enhanced
paving.
WHEREAS, the Town and the property owners have agreed on the
scope of the work to be done both in the public right -of -way and on
private property at 15310 Kennedy Road.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Los Gatos that the Town Engineer is hereby authorized to execute
the Revocable Permit for the construction and maintenance of an entry
gate post, retaining walls and enhanced paving at 15310 Kennedy Road, a
copy of which is attached hereto as Exhibit "A ", on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos, California, held on the 19th day of May, 1986,
by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito, Brent N. Ventura, and Mayor
Terrence J. Dailv
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
The Town hereby grants Permission for exclusive use of the described portion of
the KENNEDY ROAD Right-of-Way subject to the following conditions to which the
signers of this document agree:
L. This permit is issued to and for the benefit of 15310 KENNEDY ROAD, APN
637-1S-001 and 537-13-003, runs with the land' and its obligations are binding
on JAMES and DONNA BLAIR and their successors in interest.
2. The permit is for exclusive and private use of the area located in Los
Gatos, California and described on Exhibit '/A" and shown on Exhibit '/B" for
15310 KENNEDY ROAD"
3" The Town Permits JAMES R. BLAIR and DONNA R. BLAIR to construct and
maintain an entry gate Post' retaining walls and enhanced Paving' and to
control access to the licensed area to the satisfaction of the Town Engineer.
4. This permit shall not limit the rights of Public utilities or emergency
vehicle access,
S. This permit is revocable at the lawn's sale discretion, on notice" The
Town may give notice in any manner, but written notice mailed to the Property
owners as shown on the latest e4ualized tax assessment roll shall suffice' and
is deemed given 96 hours after mailing" A reasonable notice period is
required, but in no event need the notice period otceed 60 days.
6" Upon revocation, JAMES R. BLAIR and DONNA R. BLAIR shall remove the
encroachments immediately, at their expense. If they refuse or unreasonably
delay removal work, the [own will perform the work and they shall pay the cost.
7. JAMES R. BLAIR and DONNA R. BLAIR agree to maintain the encroachment in a
clean, litter-free condition to the satisfaction of the Town Engineer.
Recording Requested 8y� - r
8826609
TOWN OF LOS GATOS
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When recorded mail to�
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TOWN OF iOS GATOS T
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LOS GATOS, CALIFORNIA 95031.
NO FEE (Government Code Section 6l03)
overnmen o
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��DA|�
REVOCA8L£ PERMIT FOR EXCLUSIVE USE OF� A POP TION
�VE8sa���A
(]F
THE PUBLIC RIGHT-OF-WAY ALONG 1S310 KENNEDY
ROADj
�
LOS GATOS, CALIFORNIA
JAMES R. and DONNA R. BLAIR, have requested Permission from
the TOWN OF LOS
GATOS, "Town" to allow exclusive yse u[ a y:rtinn of the KENNEDY
ROAD Public
�mmmnz�
Right-of-Way, southwesterly of its intersection wim TOP OF
THE HILL ROAV
WJ
the exc]usive use area is locetec| in Las Gntus, Cai|i\ornja
and described on the
attached Exhibit "A". and thown on the 00rhed Enhibit "B",
The Town hereby grants Permission for exclusive use of the described portion of
the KENNEDY ROAD Right-of-Way subject to the following conditions to which the
signers of this document agree:
L. This permit is issued to and for the benefit of 15310 KENNEDY ROAD, APN
637-1S-001 and 537-13-003, runs with the land' and its obligations are binding
on JAMES and DONNA BLAIR and their successors in interest.
2. The permit is for exclusive and private use of the area located in Los
Gatos, California and described on Exhibit '/A" and shown on Exhibit '/B" for
15310 KENNEDY ROAD"
3" The Town Permits JAMES R. BLAIR and DONNA R. BLAIR to construct and
maintain an entry gate Post' retaining walls and enhanced Paving' and to
control access to the licensed area to the satisfaction of the Town Engineer.
4. This permit shall not limit the rights of Public utilities or emergency
vehicle access,
S. This permit is revocable at the lawn's sale discretion, on notice" The
Town may give notice in any manner, but written notice mailed to the Property
owners as shown on the latest e4ualized tax assessment roll shall suffice' and
is deemed given 96 hours after mailing" A reasonable notice period is
required, but in no event need the notice period otceed 60 days.
6" Upon revocation, JAMES R. BLAIR and DONNA R. BLAIR shall remove the
encroachments immediately, at their expense. If they refuse or unreasonably
delay removal work, the [own will perform the work and they shall pay the cost.
7. JAMES R. BLAIR and DONNA R. BLAIR agree to maintain the encroachment in a
clean, litter-free condition to the satisfaction of the Town Engineer.
- ,
8. JAMES K. BLAIR and D! 4 R. BLAIR are responsible to ' to it that any damage
caused by their occupancy 1s repaired within a reasonable iength of time (30 days
after notification by the TOWN)^
9. JAMES R. BLAIR and DONNA R. BLAIR agree to hold the Town harmless from any claim
of liability, including, but not limited to, the costs of defense, resulting in any
way from their use or occuPancY of, or their activities on any Portion of the Town
lanK
This permit is not effective until signed bf the Town Engineer of the Town of Los
Gatos and recorded in the Office of the Santa Clar;j County Recorder,,
TOWN OF
RONALD J.
ENGINEER
APPROVED AS 70 FORM:
--_.-. .--- - -----_---------
J0 L�Y���DE�, TG�� 0TT0RK�Y
PermitLees do hereby accept the above Encroac t Permit, subject to and in
agreement with conqitims listed above' \\
_/' - ' - A - -^---
Dated
STATE OF CALIFORNIA
ss.
COUNTY OF`/ a/`��)
SEAL
AR,E GATES
SANTA CLARA COUNTY
MY comm. Ely jWy2%1W
DONNA R. BLAIR
J
On this��L~ dav of 1986, before
mc, __-' '� �-��_-Lz�L!=���-----------_-----
the uoJersighed Notary Public, Personally
appeared
JAMES R. BLAIR and DONNA R. BLAIR
.�
personally known to me
--- rroved to me on the bj�is of
sausfactorY evidence to be the
Persons(s) whose name(s)
subscribed to the within instrument' and
acknowledged that ^^ executed
it. '
WITNESS my hand and official seal.
----'-T--�---- ------------------------
Notary s. SiQnaƒure
My Commission Expires"__ __,_
ss"
COUNTY OF SANTA CLARA )
19G6' before me, NORMAN D. PLOSS the undersigned
Notary Poblic' personally appeared RONALD J. ZAPF'
PerscnallY know Pe'smo
whose name is subscribe� tu �he within
instrument, and ackncwl�d§ed
executed it.
WITNESS my |`+nd and official seal.
---~ -------------------~^^—'-----------
KotahY's oature
\
. --- �--
EXHIBIT "A''
That certain Parcel of land in the Town of Los Gatos, County of Santa Clara,
Siate of California, escr1hcJ os follews:
Commencing at the most Northeasterly corner of that certain F4.2SS
acre Parcel of land as shown on that certain Record of Survey entitled
Lands of Jerry H. Machado, recorded in Book 464 of Maps at Pages, 49 S
and 6;
Thence
North
AS S6'OY"
Wes&
1W,2S
feei;
Thence
North
772690'
West,
44.62
feet;
Thence
South
84'0019«
West,
49"04
feet;
Thence
South
45'58`50^
West,
33.32
fee+;
Thence
South
9'55'58«
West'
51"75
feet, to the TRUE POINT OF BEGINNING
A this
description;
Thence
continuing
along
the
same line
South 9`55/58« West, 35,00 feet;
Thence
South
60'00'09'/
West,
78.09
feet;
Thence
North
72`55/58"
West'
70"76
feet;
Thence
North
1�7'54'46u
West,
70.00
feet;
Thence
North
700608"
East,
13^00
feet;
Thence Southerly along a non-tangential curve, whose tangent bears
South 1130'22" East, with a radius of 66.00 feet, through a central
angle of 144`06'48" and an arc length of 165"99 feet:
Thence South 80'04'02» East, 26.00 feet to the TRUE POINT OF
BEGINNING.
Containing 0.08t acres.
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