1990-193-Town Engineer To Issue A Revocable Encroachment Permit For An Existing Fence In The Public Right-Of-Way Along 214 Forrester RoadRESOLUTION 1990 -193
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN ENGINEER TO ISSUE A REVOCABLE
ENCROACHMENT PERMIT FOR AN EXISTING FENCE IN THE
PUBLIC RIGHT -OF -WAY ALONG 214 FORRESTER ROAD
WHEREAS, the property owners at 214 Forrester Road have agreed to accept all
liability for their fence constructed in the public right -of -way.
WHEREAS, the Town and the property owners have agreed on the scope and
maintenance of the work to be done both in the public right -of -way and on private property
at 214 Forrester Road and the designated area of encroachment.
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 Encroachment
Permit for Robert L. Burney at 214 Forrester Road, a copy of which is attached hereto, as
Exhibit "3 ", on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th
day of September, 1990, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura, Mayor Thomas J. Ferrito
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF
LOS GATOS,
ATTEST
CLERK OAFIE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C3 \C NCLRPTS \9 -17# 1. ENG
OF LOS GATOS
When recorded mail to:
TOWN CLERK
P.O. BOX 949
LOS GATOS, CA 95031
GOVERNMENT CODE 6103
No Fee (Government Code Section 6103)
REVOCABLE ENCROACHMENT PERMIT FOR EXCLUSIVE USE OF A PORTION OF
THE PUBLIC RIGHT -OF -WAY ALONG 214 FORRESTER ROAD,
LOS GATOS, CALIFORNIA
Robert L. Burney, (hereinafter referred to as "PERMITTEE ") has requested permission
from the TOWN OF LOS GATOS, 'Town", to allow exclusive use of a portion of the Public
Right -of -Way, adjacent to 214.Forrester Road. The exclusive use area is located in Los
Gatos, California and described on the attached Exhibit "A ", and shown on the attached
Exhibit "B ".
The Town hereby grants permission for exclusive use of the described portion of the
Forrester Road Right -of -Way subject to the following conditions to which the signers of this
document agree:
1. This permit is issued to and for the benefit of 214 Forrester Road, APN 537 -29 -003,
as described on attached Exhibit "C" runs with the land, and its obligations are binding on
the PERMITTEE and 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 an existing fence.
3. The Town permits Robert L. Burney to leave in place the existing fence 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
EXHIBIT 3
This permit is not effective until signed by the Town Engineer of the Town of Los Gatos
and recorded in the Office of the Santa Clara County Recorder.
TOWN OF LOS GATOS
Dated:
Christine L Fischer, Town Engineer
APPROVED AS TO FORM:
Dated:
Mary Jo Levinger, Town Attorney
STATE OF CALIFORNIA ) .
) ss:
COUNTY OF SANTA CLARA)
On this day of , in the year of 1989, before me, MARIAN V.
COSGROVE, Town Clerk for the Town of Los Gatos, personally appeared Christine L.
Fischer, personally known to me to be the person who executed this instrument as Town
Engineer of the Town of Los Gatos, and acknowledged to me that the Town of Los Gatos
executed it.
Marian V. Cosgrove, Town Clerk
Town of Los Gatos
W
EXHIBIT "A"
LEGAL DESCRIPTION OF PUBLIC RIGHT -OF -WAY
REQUESTED FOR PRIVATE USE
That certain portion of land in the Town of Los Gatos, County of Santa Clara, State of
California, described as follows:
That portion of the public right -of -way between the most northerly property
line of 214 Forrester Road (APN 537 -29 -003), and the existing back of the
southerly curb on Forrester Road.
ADDRESS: 214 Forrester Road
APN: 537 -29 -033
C3:CNCLRPTS \9-4N 1. ENG
EXHIBIT A
EXHIBIT "C"
DESCRIPTION OF THE ADJACENT PROPERTY
BENEFITING FROM THIS PERMIT
That certain parcel of land in the Town of Los Gatos, County of Santa Clara, State of
California, described as follows:
Lot 13 on that certain map entitled 'Tract No. 6514."
EXHIBIT C