Attachment 4EXECUTION COPY
SMHH\54443\1450810.8 1 9/13/2018
RECORDED AT THE REQUEST OF AND
WHEN RECORDED, RETURN TO:
Clerk of Town of Los Gatos
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Assessor’s Parcel Nos. 424-07-024 through 424-07-027, 424-07-031 through 424-07-035, 424-07-070,
424-07-084 through 424-07-086, 424-07-090, and 424-07-113 through 424-07-114
Exempt from payment of fees pursuant to Government Code section 27383
LANDSCAPE MAINTENANCE AGREEMENT
THIS LANDSCAPE MAINTENANCE AGREEMENT (the "Agreement"), dated ____________, 2018,
is executed by the TOWN OF LOS GATOS, a municipal corporation (the "Town"), with an address of c/o
Parks and Public Works Department, 41 Miles Avenue, Los Gatos, California 95030, and SUMMERHILL N40
LLC, a California limited liability company (“Property Owner”) with reference to the following facts:
A.Property Owner owns that certain real property located in the Town of Los Gatos, Santa
Clara County, California, more particularly described in Exhibit A attached hereto and
incorporated herein and commonly known as “North 40 Phase 1.”
B.The Landscape Improvements (as defined below) have been or will be constructed within the
public rights-of-way (“ROW”) adjacent to North 40 Phase 1 along Lark Avenue and Los
Gatos Boulevard. These Landscape Improvements are located in the ROW shown on the
Landscape Maintenance Exhibit attached as Exhibit B.
C.Pursuant to the conditions of approval relevant to North 40 Phase 1, the Property Owner is to
be responsible for maintaining the landscaping and irrigation within the public ROW along
Lark Avenue and Los Gatos Boulevard where they abut North 40 Phase 1. The purpose of
this Agreement is to set forth the rights and obligations of Property Owner and the Town (and
any transferees) with respect to the maintenance of said Landscape Improvements.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1
Definitions
Unless the context indicates otherwise, the following terms shall have the following definitions:
1.1 Agreement. This Landscape Maintenance Agreement and any modifications thereto.
1.2 Development. The development of 253 residential condominiums, 10 market-rate rental
apartments, 50 senior affordable apartments, and commercial space commonly known as “North 40 Phase 1.”
1.3 Landscape Improvements. The landscaping and other improvements situated within the
public ROW along Lark Avenue and Los Gatos Boulevard adjacent to the Development and any utilities and
equipment, including irrigation systems, that provide irrigation to the landscaping therein, and any orchard
trees, other trees, shrubs, foliage, groundcover and other landscaping. The Landscape Improvements do not
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include any utility lines and equipment, including signal monitoring devices, that provide utility service to any
property outside the ROW.
1.4 Maintain, Maintained, Maintaining or Maintenance. Unless expressly stated otherwise,
“maintain”, “maintained”, “maintaining” or “maintenance” as used in this Agreement includes inspection,
cleaning, maintenance, repair, upgrades and/or replacement.
1.5 Person. Any individual, corporation, partnership, limited liability company, trust or other legal
entity.
1.6 Town. The Town of Los Gatos, California.
ARTICLE 2
Grant of Easements
The ROW shown on Exhibit B is subject to a nonexclusive easement as the servient tenement in
favor of the Development as the dominant tenement for access to install and maintain the Landscaping
Improvements and utilities that provide utility service to the Landscape Improvements, including electricity and
water. The easement is appurtenant to the dominant tenement and any conveyance of any portion of the
dominant tenement, whether voluntary or involuntary, automatically conveys the easement appurtenant
thereto regardless of whether the instrument of conveyance describes the easement, subject to the provisions
of Section 4.4. The right to install utility fixtures and equipment includes the right to tie into and use existing
fixtures and equipment that serve the dominant tenement as long as the Town approves of such use.
ARTICLE 3
Maintenance, Repair and Insurance
3.1 Maintenance. The Property Owner shall maintain the Landscape Improvements in good
condition and repair at all times, reasonable wear and tear excepted, subject to Section 3.2 below. If the
maintenance of the Landscape Improvements will materially interfere with or temporarily suspend the ability to
use a ROW, the Property Owner shall give the Town as much prior notice as is reasonable under the
circumstances and no fewer than fifteen (15) calendar days, except in the case of an emergency. The
Property Owner shall use all reasonable efforts to complete the work as soon as possible and to minimize any
interference in the use of the ROW.
3.2 Utility Repair or Replacement. If the Property Owner must repair any Landscape
Improvements located within a ROW, it shall provide notice to the Town as is reasonable under the
circumstances and no less than fifteen (15) calendar days’ prior notice, except in the case of an emergency,
describe the work that must be done, and the impact on the use of the ROW during the period in which the
work is being performed. Except in an emergency situation in which immediate work must be performed to
prevent injury to any Person or material damage to any property, no work shall commence until the following
conditions are satisfied: (1) the work is performed by contractors duly licensed in the State of California; (2)
the work is performed in compliance with all applicable laws and ordinances, including permits required; and
(3) liability insurance with policy limits no less than $500,000 is provided insuring the Property Owner and the
Town against any liability arising out of the work. The work, once commenced, shall be diligently pursued
until completion in order to minimize any interruption or interference with the use of the ROW.
On completion of the work, the Property Owner immediately shall repair the ROW to the condition it
was in immediately preceding the work. The Property Owner shall defend, indemnify and hold the Town
harmless against any claims, demands, liabilities, causes of action, judgments and costs, including
reasonable attorneys’ fees, resulting from the Property Owner’s work.
3.3 Failure to Maintain. If the Property Owner fails to maintain the Landscape Improvements in
good condition and repair, reasonable wear and tear excepted, the Town may notify the Property Owner of
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the need for maintenance, which notice shall contain an itemized description of the required maintenance (the
"Repair Demand"). If the Property Owner fails to take appropriate action to commence the maintenance
described in the Repair Demand within thirty (30) days of receipt of the Repair Demand, the Town may have
the appropriate maintenance performed. The cost shall be allocated pursuant to Section 3.9 and, if
applicable, the Property Owner shall reimburse the Town for its share of the cost on receipt of written
demand. If the Property Owner fails to tender the payment within thirty (30) days after the receipt of the
written demand, the Town shall be entitled to recover the reasonable costs of collection, including reasonable
attorneys’ fees, a late charge not exceeding 10% of the delinquent payment, and interest on the delinquent
payment at 10% per annum or the maximum rate authorized by law, whichever is greater, commencing thirty
(30) days after the payment due date. The Town may bring an action in any court of competent jurisdiction to
collect the amount due.
3.4 Emergency Repairs. Notwithstanding anything herein to the contrary, either party may make
such emergency repairs as that party, in the exercise of its reasonable business judgment, considers
necessary in order to render the Town property or the Development safe for its intended use (the “Repairing
Party”). The Repairing Party immediately shall notify the other (the “Non-Repairing Party”) in writing of the
reason for the cost of the repairs, together with appropriate supporting documentation (such as invoices)
evidencing the costs spent on the repairs (the “Repair Notice”). On receipt of the Repair Notice, the Non-
Repairing Party shall reimburse the Repairing Party for the Non-Repairing Party’s share of the cost, if
applicable. If, within thirty (30) days after the receipt of the written demand, the Non-Repairing Party fails to:
tender payment, the Repairing Party shall be entitled to recover the reasonable costs of collection, including
reasonable attorneys’ fees, a late charge not exceeding 10% of the delinquent payment, and interest on the
delinquent payment at 10% per annum or the maximum rate authorized by law, whichever is greater,
commencing thirty (30) days after the payment due date. The Repairing Party may bring an action in any
court of competent jurisdiction to collect the amount due.
3.5 Insurance. The Property Owner shall supply proof of General Liability (GL) insurance and
Automobile Liability (AL) insurance from an insurance company licensed to do business in the State of
California and having a financial rating in Best's Insurance Guide of not less than AA. Both the GL and AL
insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage
arising out of or in any way connected with the Events. Both the GL and AL insurance will be in the minimum
amount of $1,000,000.00 combined single limit, and will name the Town and the Town officers, employees,
agents, and registered volunteers as additional insured under the coverage afforded. Such insurance will be
primary and noncontributing with respect to any other insurance available to the Town and will include a
severability of interest (cross-liability) clause.
Each insurance policy required in this Agreement shall be endorsed to state that coverage shall not
be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the Town. Current certification of such
insurance shall be kept on file at all times during the term of this agreement with the Town Clerk. A copy of
the policy or a certificate of insurance along with an additional endorsement naming the Town as an
Additional Insured must be filed in the Town Clerk’s Office. The Additional Insured Endorsement, effective for
ongoing and completed operations, must be approved by the Town.
In addition to these policies, the Property Owner shall have and maintain Workers' Compensation
insurance as required by California law and shall provide evidence of such policy to the Town before
beginning services under this Agreement. Further, the Property Owner shall ensure that all subcontractors
employed by the Property Owner provide the required Workers' Compensation insurance for their respective
employees.
A copy of the policy or a certificate of insurance along with an additional endorsement naming the
Town as an Additional Insured must be filed in the Town Clerk’s Office. The Additional Insured Endorsement,
effective for ongoing and completed operations, must be approved by the Town.
3.6 Indemnification. The Property Owner shall be solely responsible for maintaining the
Landscape Improvements in a good and safe manner. Property Owner shall indemnify, defend, and hold
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harmless the Town, its officers, officials, agents, volunteers, employees and attorneys from any and all
claims, actions, losses, liabilities and costs (including reasonably incurred attorney’s fees) arising out of or
connected with, or alleged to arise out of or be connected with, the installation, design or condition of the
Landscape Improvements, except for any claims, actions, losses, liabilities and costs proximately caused by
the negligence or willful misconduct of the Town, its officers, officials, agents, volunteers, employees or
attorneys. This provision is intended to be the dispositive of all rights of indemnity and contribution between
the parties, and the Property Owner waives and releases any and all rights to indemnity or contribution from
the Town, in law or equity, arising out of or connected with any and all claims, actions, losses, liabilities and
costs (including reasonably incurred attorney’s fees) for which the Property Owner is obligated under this
paragraph to provide indemnity or defense to the Town, its officers, officials, volunteers, employees or
attorneys.
3.8 Transfer of Responsibility. This Agreement shall serve as the signed statement by the
Property Owner accepting responsibility for maintenance of the Landscape Improvements as set forth in this
Agreement until the responsibility is legally transferred to another entity, including a developer, property
owners association, or similar entity, as described in Section 4.4. Prior to transferring maintenance
responsibility of the Landscape Improvements to another developer or property owners association, the
Property Owner shall provide written notice of the Agreement to the transferee and provide the Town a copy
of such notice.
3.9 Maintenance Costs. The Property Owner shall be responsible for the costs to maintain the
Landscape Improvements, provided that if the Town or any Person acting under the authority of a party
damages any Landscape Improvement, the responsible party shall pay all costs to repair or replace the
damaged Landscape Improvement to the same or better condition as before the damage occurred.
ARTICLE 4
Miscellaneous
4.1 Term of Agreement. This Agreement shall be effective in perpetuity unless terminated by
operation of law or agreement of the parties.
4.2 Notice. Each party covenants to provide the other party with a current address for purposes
of receiving notices. Any notice or demand permitted or required herein shall be conclusively considered
received by a party when personally delivered to the owner, or seventy-two (72) hours after the notice has
been deposited in the United States mail, certified or a return receipt requested, postage-prepaid, and
addressed to such address as that the party has provided the other party for purposes of receiving notice
hereunder. If no address has been provided, notice shall be considered received ninety-six (96) hours after
notice is posted in a conspicuous place on the party's property and a copy mailed to the last known address
of the party.
The initial addresses for notice are as follows:
Property Owner: SummerHill N40 LLC
777 California Avenue
Palo Alto, CA 94304
Attention: Chief Operating Officer
Town: Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Attention: Director of Parks and Public Works
Notwithstanding the prescribed method of delivery set forth above, actual receipt of written notice
shall constitute notice given in accordance with this Agreement on the date received, unless receipt is
deemed earlier in accordance with delivery made under one of the prescribed methods.
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4.3 Mortgagee Protection. No breach of this Agreement shall defeat or render invalid the lien of
any deed of trust or mortgage recorded against all or any portion of the Development. No lender taking title to
all or any portion of the Development through foreclosure or deed in-lieu of foreclosure shall be liable for any
defaults or monetary obligations of Developer arising prior to acquisition of possession of such property by
such lender. The foreclosing lender shall have the right to find a substitute developer to assume the
obligations of the Property Owner, which substitute shall be considered for approval by Town pursuant to this
Agreement, which approval shall not be unreasonably withheld, conditioned or delayed. Town agrees to
provide any lender who has recorded a deed of trust or mortgage against all or any portion of the
Development of which Town has been given notice (each, a “Lender”) with written notice of any default
relating to the Property Owner and/or the Development given by Town to the Property Owner. Town agrees
that, notwithstanding anything to the contrary contained in this Agreement, Lender shall have an additional
sixty (60) days from the date Lender receives notice of a default to cure any such default, provided that
Lender shall not have any obligation to cure any such default.
4.4 Attorneys' Fees. If any action is commenced regarding the rights or duties of the parties
hereto, the prevailing party in such action shall be entitled to recover the costs of such action and reasonable
attorneys' fees.
4.5 Recordation; Covenants Running with the Land and Equitable Servitudes. This Agreement
shall be recorded in the records of Santa Clara County, California. The rights and duties described herein
shall constitute covenants running with the land and equitable servitudes that benefit and bind the
Development and the ROW and each owner and successive owner thereto. Owners of any property bound
by this Agreement shall be liable for any defaults under this Agreement only during the period the owner held
an ownership interest in the property and shall not be liable for any defaults committed by any predecessor or
successor owner unless assumed in writing. If there are multiple owners of the property bound by this
Agreement at any given time, each owner shall be jointly and severally liable for the duties contained herein.
4.6 Amendments. This Agreement may be amended from time to time by written agreement by
the Property Owner and the Town.
4.7 Effective Date. This Agreement shall be effective as of the date this document is recorded in
the records of Santa Clara County, California.
PROPERTY OWNER:
SUMMERHILL N40 LLC,
a California limited liability company
By: SummerHill Homes LLC,
a California limited liability company
Its Manager
By: _____________________________
_____________________________
Its: __________________________
By: _____________________________
_____________________________
Its: __________________________
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TOWN:
TOWN OF LOS GATOS,
a municipal corporation
By: _______________________________________
_______________________________________
Its _____________________________________
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EXECUTION COPY
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared ____________________________________________________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally
appeared ____________________________________________________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
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EXHIBIT A
to the
Landscape Maintenance Agreement
LEGAL DESCRIPTION OF NORTH 40 PHASE 1
PARCEL ONE:
BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, ACCORDING
TO THE MAP THEREOF HEREINAFTER REFERRED TO THAT IS DISTANT ALONG SAID LINE NORTH
58°34'00” WEST, 350 FEET FROM THE INTERSECTION OF SAID LINE DIVIDING SAID LOTS 2 AND 3
WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, AS SAID ROAD IS
SHOWN 40 FEET WIDE UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG THE LINE
DIVIDING SAID LOTS 2 AND 3 (SAID DIVIDING LINE ALSO BEING THE CENTER LINE OF THE 16 FOOT
RIGHT OF WAY HEREINAFTER DESCRIBED) NORTH 58°34'00” WEST 75 FEET; THENCE LEAVING
SAID LINE AND RUNNING NORTH 31°26'00” EAST, 154.33 FEET; THENCE SOUTH 58°34'00” EAST, 75
FEET; THENCE SOUTH 31°26'00” WEST, 154.33 FEET TO THE POINT OF BEGINNING, BEING A PART
OF LOT 2, AS SHOWN UPON A MAP ENTITLED, "RECORD MAP OF THE SUBDIVISION OF PART OF
THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS, BEING PART OF LOT 4 OF THE
PARR PARTITION IN SAID RANCHO ORDERED SOLD BY THE PROBATE COURT OF THE SANTA
CLARA COUNTY UNDER DATE OF JANUARY 4, 1895", AND WHICH SAID MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA ON JUNE 12, 1895 IN BOOK "F" OF MAPS, AT PAGE 40.
PARCEL ONE-A:
A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROAD 16 FEET WIDE, THE CENTER LINE OF
WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD,
WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3, AS SAID LOTS AND
ROAD (40 FEET WIDE) ARE SHOWN ON THE MAP OF THE WALKER TRACT, HEREINABOVE
REFERRED TO; THENCE ALONG THE LINE DIVIDING SAID LOTS 2 AND 3, NORTH 58°34'00” WEST,
660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL ONE.
PARCEL TWO:
A PORTION OF LOT 2 AS SHOWN ON THE RECORD MAP OF THE SUBDIVISION OF PART OF THE
WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS, FILED JUNE 12, 1885, BOOK "F" OF
MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING IN THE DIVIDING LINE BETWEEN LOTS 2 AND 3, DISTANT THEREON NORTH 58°34'00”
WEST 425 FEET FROM THE NORTHWEST LINE OF SOUTH BASCOM AVENUE, FORMERLY THE SAN
JOSE-LOS GATOS ROAD, AS SAID LOTS AND ROAD ARE SHOWN ON SAID MAP; THENCE FROM SAID
POINT OF BEGINNING NORTH 31°26'00” EAST, 154.33 FEET; THENCE NORTH 58°34'00” WEST, 50
FEET; THENCE SOUTH 31°26'00” WEST, 154.33 FEET TO SAID LINE DIVIDING LOTS 2 AND 3; THENCE
ALONG SAID LINE, SOUTH 58°34'00” EAST 50 FEET TO THE POINT OF BEGINNING.
PARCEL TWO-A:
THE RIGHT OF INGRESS OVER A PORTION OF LOTS 2 AND 3, AS SHOWN ON THAT RECORD MAP
OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS
GATOS, FLIED JUNE 12, 1885, BOOK 'F" OF MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS,
DESCRIBED AS FOLLOWS:
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BEGINNING IN THE NORTHWEST LINE OF SOUTH BASCOM AVENUE, FORMERLY SAN JOSE AND
LOS GATOS ROAD, AS SAID ROAD IS SHOWN 40 FEET WIDE ON SAID MAP, DISTANT THEREON
NORTH 31°26'00” EAST, 8 FEET FROM THE DIVIDING LINE BETWEEN SAID LOTS 2 AND 3; THENCE
NORTH 58°34'00” WEST, 475 FEET; THENCE SOUTH 31°26'00” WEST, 16 FEET; THENCE SOUTH
58°34'00” EAST, 475 FEET TO SAID WESTERLY LINE OF SOUTH BASCOM AVENUE; THENCE ALONG
SAID LINE NORTH 31°26'00” EAST 16 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDS OF THE ABOVE DESCRIBED
PARCEL TWO.
PARCEL THREE:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD,
WHERE THE SAME IS INTERSECTED BY A LINE DIVIDING LOTS 2 AND 3, AS THE SAME ARE SO
DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "RECORD MAP OF THE
SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS,
BEING THAT PART OF LOT 4 OF THE PARR PARTITION IN SAID RANCHO ORDERED SOLD BY THE
PROBATE COURT OF SANTA CLARA COUNTY UNDER DATE OF JANUARY 4, 1895", WHICH SAID MAP
WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON JUNE 12, 1895 IN BOOK "F" OF MAPS, PAGE 40; THENCE ALONG
THE LINE DIVIDING LOTS 2 AND 3, NORTH 58°34'00” WEST 660 FEET TO THE MOST WESTERLY
CORNER OF SAID LOT 2; WHICH IS THE TRUE POINT OF BEGINNING; THENCE NORTH 31°26'00”
EAST AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, 154.53 FEET; THENCE SOUTH
58°34'00” EAST 110 FEET; THENCE SOUTH 31°26'00” WEST 154.33 FEET TO THE LINE DIVIDING LOTS
2 AND 3 IN SAID WALKER TRACT AND THENCE NORTH 58°34'00” WEST 110 FEET TO THE POINT OF
BEGINNING AND BEING A PART OF LOT 2 AS SHOWN UPON THE ABOVE ENTITLED MAP.
PARCEL THREE-A:
RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE
OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD,
WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3, AS SAID LOTS AND
ROAD (40 FEET WIDE) ARE SHOWN ON THE MAP OF THE WALKER TRACT, HEREINABOVE
REFERRED TO; THENCE ALONG THE LINE DIVIDING LOTS 2 AND 3 NORTH 58°34'00” WEST 660 FEET
TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDS OF THE ABOVE DESCRIBED
PARCEL THREE.
PARCEL FOUR:
PORTION OF LOT 2, MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT FILED JUNE 12,
1895, MAP BOOK "F", PAGE 40, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, THAT IS
DISTANT ALONG SAID LINE NORTH 58° 34' WEST 475 FEET FROM THE INTERSECTION OF SAID LINE
DIVIDING SAID LOTS 2 AND 3 WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS
ROAD, AS SAID ROAD IS SHOWN, 40 FEET WIDE; THENCE ALONG THE LINE DIVIDING SAID LOTS 2
AND 3 (SAID DIVIDING LINE ALSO BEING THE CENTER LINE OF THE 16 FOOT RIGHT OF WAY
HEREIN DESCRIBED) NORTH 58° 34' WEST 75 FEET; THENCE LEAVING SAID LINE NORTH 31° 26'
EAST 154.33 FEET; THENCE SOUTH 58° 34' EAST 75 FEET; THENCE SOUTH 31° 26' WEST 154.33
FEET TO THE POINT OF BEGINNING.
PARCEL FOUR-A:
A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE,
THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD,
WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT,
HEREIN REFERRED TO; THENCE ALONG THE LINE DIVIDING SAID LOTS 2 AND 3, NORTH 58° 34'
WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL FOUR.
PARCEL FIVE:
PORTION OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF WALKER TRACT
SUBDIVISION", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JUNE 12, 1895 IN BOOK "F" OF MAPS, AT
PAGE 40 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE LINE DIVIDING LOTS 2 AND 3, DISTANT THEREON NORTH 58°34'00”
WEST, 460.0 FEET FROM THE INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERN
LINE OF THE SAN JOSE-LOS GATOS ROAD, ALSO KNOW AS SOUTH BASCOM AVENUE, AS SAID
LOTS AND ROAD ARE SHOWN UPON THE MAP ABOVE REFERRED TO; THENCE ALONG SAID
DIVIDING LINE NORTH 58°34'00” WEST 50.00 FEET; THENCE SOUTH 31°26'00” WEST, 132.0 FEET;
THENCE SOUTH 58°34'00” EAST, 50.00 FEET; THENCE NORTH 31°26'00” EAST, 132.0 FEET TO THE
POINT OF BEGINNING.
PARCEL FIVE-A:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 16 FEET WIDE,
THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD, ALSO
KNOWN AS SOUTH BASCOM AVENUE, WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING
LOTS 2 AND 3 OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN BOOK F
OF MAPS, PAGE 40; THENCE ALONG THE SAID LINE DIVIDING LOTS 2 AND 3, NORTH 58°34'00”
WEST, 660.0 FEET TO THE NORTHWESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3, BEING A
PORTION OF SAID LOTS 2 AND 3 OF SAID WALKER TRACT.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL FIVE.
PARCEL SIX:
PORTION OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "WALKER TRACT SUB. IN THE
RINCONADA DE LOS GATOS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA JUNE 12, 1895 IN BOOK F
OF MAPS, AT PAGE 40 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, AS SHOWN
ON THE MAP HEREINABOVE REFERRED TO, DISTANT ALONG SAID LINE NORTH 58°34'00” WEST
410.00 FEET FROM THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE
NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, AS SHOWN ON SAID MAP;
THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 50.00 FEET; THENCE SOUTH 31°26'00”
WEST 132.00 FEET; THENCE SOUTH 58°34'00” EAST 50.00 FEET; THENCE NORTH 31°26'00” EAST
132.00 FEET TO THE POINT OF BEGINNING.
PARCEL SIX-A:
A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A STRIP OF LAND 16 FEET WIDE, THE CENTER
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD
WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3 OF WALKER TRACT
ACCORDING TO THE MAP THEREOF OF RECORD IN BOOK F OF MAPS, PAGE 40, SANTA CLARA
COUNTY RECORDS; THENCE ALONG SAID LINE DIVIDING LOTS 2 AND 3 NORTH 58°34'00” WEST
660.00 FEET TO THE NORTHWESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3, BEING A
PORTION OF SAID LOTS 2 AND 3 OF SAID WALKER TRACT.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL SIX.
PARCEL SEVEN:
BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT ACCORDING
TO THE MAP THEREOF RECORDED IN BOOK "F" OF MAPS AT PAGE 40 IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, SAID POINT OF BEGINNING
BEING DISTANT ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 360 FEET FROM THE POINT OF
SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD
AS SHOWN ON SAID MAP, SAID POINT OF BEGINNING ALSO BEING THE CENTER LINE OF A RIGHT
OF WAY 16 FEET WIDE; THENCE ALONG THE CENTER LINE OF SAID RIGHT OF WAY AND LINE
DIVIDING SAID LOTS 2 AND 3 NORTH 58°34'00” WEST 50 FEET; THENCE SOUTH 31°26'00” WEST 132
FEET; THENCE SOUTH 58°34'00” EAST 50 FEET; THENCE NORTH 31°26'00” EAST 132 FEET TO THE
POINT OF BEGINNING, BEING A PORTION OF SAID LOT 3 HEREINABOVE REFERRED TO.
PARCEL SEVEN-A:
A RIGHT OF WAY FOR INGRESS AND EGRESS OVER THAT CERTAIN STRIP OF LAND 16 FEET WIDE,
THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS
ROAD WITH THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT HEREINABOVE REFERRED
TO; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 660 FEET TO THE WESTERLY
COMMON CORNER FOR SAID LOTS 2 AND 3.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL SEVEN.
PARCEL EIGHT:
BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT SUBDIVISION
IN THE RINCONADA DE LOS GATOS, MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 12, 1895, IN
VOL. "F" OF MAPS, PAGE 40, THAT IS DISTANT THEREON NORTH 58°34'00” WEST, 560 FEET FROM
THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE
SAN JOSE-LOS GATOS ROAD, AS SAID LOTS AND ROAD ARE SHOWN UPON THE MAP
HEREINABOVE REFERRED TO; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 50
FEET; THENCE SOUTH 31°36'00” WEST 132 FEET; THENCE SOUTH 58°34'00” EAST, 50 FEET; THENCE
NORTH 31°26'00” EAST 132 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 3 OF
THE WALKER TRACT SUBDIVISION, ACCORDING TO THE MAP HEREINABOVE REFERRED TO.
PARCEL EIGHT-A:
A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE
OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOTS 2 AND 3 WITH THE
NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, AS THE SAME ARE SHOWN ON THE
MAP OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOL. "F" OF
MAPS, PAGE 40 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID DIVIDING LINE NORTH
58°34'00” WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3.
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EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDS OF THE ABOVE DESCRIBED
PARCEL EIGHT.
PARCEL NINE:
BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, ACCORDING
TO THE MAP THEREOF RECORDED IN BOOK F OF MAPS, PAGE 40, IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, SAID POINT BEING
DISTANT ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 260 FEET FROM THE POINT OF
INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND
LOS GATOS ROAD, AS SHOWN ON SAID MAP, SAID POINT OF BEGINNING ALSO BEING THE CENTER
LINE OF A RIGHT OF WAY 16 FEET WIDE; THENCE ALONG THE CENTER LINE OF SAID RIGHT OF
WAY AND THE LINE DIVIDING SAID LOTS 2 AND 3, NORTH 58°34'00” WEST, 50 FEET; THENCE SOUTH
31°26'00” WEST 132 FEET; THENCE SOUTH 58°34'00” EAST, 50 FEET; THENCE NORTH 31°26'00”
EAST, 132 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF SAID LOT 3 HEREINABOVE
REFERRED TO.
PARCEL NINE-A:
A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE
OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOTS 2 AND 3 WITH THE
NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, AS THE SAME ARE SHOWN ON THE
MAP OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOL. "F" OF
MAPS, PAGE 40 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID DIVIDING LINE NORTH
58°34'00” WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL NINE.
PARCEL TEN:
BEGINNING AT A 3/4 INCH PIPE IN THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS
ROAD, SAID POINT BEING THE MOST EASTERLY CORNER OF LOT 4, OF THE WALKER TRACT
SUBDIVISION AS SHOWN ON THE MAP THEREOF, RECORDED JUNE 12, 1895 IN BOOK "F" OF MAPS,
PAGE 40, SANTA CLARA COUNTY RECORDS, AND FROM WHICH POINT A 4" X 4" REDWOOD POST
AT THE MOST SOUTHERLY CORNER OF SAID LOT 4, BEARS SOUTH 31º 26' WEST 264 FEET
DISTANT; THENCE FOLLOWING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID
LOT 4, FOR A DISTANCE OF 169.50 FEET TO A POINT ON SAID LINE DISTANT SOUTH 58º 34' EAST
490.50 FEET FROM A 4" X 4" POST AT THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE AT
A RIGHT ANGLES SOUTHWESTERLY AND PARALLEL TO THE NORTHWESTERLY LINE OF THE SAN
JOSE-LOS GATOS ROAD 70 FEET; THENCE AT RIGHT ANGLES, SOUTHEASTERLY AND PARALLEL
TO THE NORTHEASTERLY LINE OF LOT 4, 169.50 FEET TO THE HEREINABOVE MENTIONED
NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD; THENCE ALONG SAID LINE, NORTH
31º 26' EAST 70.00 FEET TO THE POINT OF BEGINNING BEING A PART OF LOT 4 OF THE WALKER
TRACT SUBDIVISION HEREINABOVE REFERRED TO.
EXCEPTING THEREFROM THAT PORTION IN THE GRANT DEED DEEDED TO TOWN OF LOS GATOS
RECORDED JULY 1, 1993 AS INSTRUMENT NO. 11978485 DESCRIBED AS FOLLOWS:
A TRACT OF LAND SITUATE IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO WILLIAM C. EZELL
AND MARIANNE I. EZELL BY DEED DATED JULY 20, 1982 AND RECORDED IN BOOK G910 PAGE 383;
OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND BEING MORE SPECIALLY DESCRIBED AS
FOLLOWS:
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BEGINNING AT THE SOUTHEASTERLY CORNER OF THE GRANTOR'S LAND WHICH POINT IS 28.50
FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS
BOULEVARD AND RUNNING THENCE NORTH 57° 34' 46" WEST 14.50 FEET ALONG THE SOUTHERLY
LINE OF THE GRANTOR'S LAND; THENCE NORTH 32° 25' 14" EAST 70.00 FEET TO THE NORTHERLY
LINE OF THE GRANTOR'S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT
NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE SOUTH 32°
25' 14" WEST 70.00 FEET TO THE POINT OF BEGINNING.
PARCEL ELEVEN:
BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT SUBDIVISION
OF THE RINCONADA DE LOS GATOS, A MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 12, 1895, IN
VOL. "F" OF MAPS, AT PAGE 40, THAT IS DISTANT THEREON NORTH 58°34’ WEST 310 FEET FROM
THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF SAN
JOSE-LOS GATOS ROAD, AS SAID LOTS AND ROAD ARE SHOWN UPON THE MAP HEREINABOVE
REFERRED TO; THENCE ALONG SAID DIVIDING LINE NORTH 58° 34’ WEST 50 FEET; THENCE SOUTH
31° 26’ WEST 132 FEET; THENCE SOUTH 58°34’ EAST 50 FEET THENCE NORTH 31° 26’ EAST 132
FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 3 OF THE WALKER TRACT
SUBDIVISION ACCORDING TO THE MAP HEREINABOVE REFERRED TO.
PARCEL ELEVEN-A:
TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE,
THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOTS 2 AND 3 WITH THE
NORTHWESTERLY LINE OF SAN JOSE-LOS GATOS ROAD, AS THE SAME ARE SHOWN ON THE MAP
OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOL. F OF MAPS,
PAGE 40, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID DIVIDING LINE, NORTH 58°34’
WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED
PARCEL ELEVEN.
PARCEL TWELVE:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAN JOSE AND LOS
GATOS ROAD WITH THE NORTHEASTERLY LINE OF LOT 1, AS SAID LOT IS SHOWN UPON THE MAP
HEREINAFTER REFERRED TO; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, NORTH
58°34’ WEST, 292.88 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND
CONVEYED BY PAUL SILVESTER AND MARY SILVESTER TO MICHAEL MCGINN BY DEED DATED
JANUARY 19, 1951 AND RECORDED JANUARY 26, 1951, IN BOOK 2141 OF OFFICIAL RECORDS,
PAGE 67, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID
PARCEL OF LAND SO CONVEYED TO MICHAEL MCGINN, SOUTH 31° 26’ WEST, 141.67 FEET TO THE
MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY SAM D’ANNA TO
DANIEL W. LANDER AND GENEVA LANDER, HIS WIFE, BY DEED DATED OCTOBER 16, 1946, AND
RECORDED JANUARY 13, 1947, IN BOOK 1436 OF OFFICIAL RECORDS, AT PAGE 9, SANTA CLARA
COUNTY RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND SO
CONVEYED TO LANDER, SOUTH 58° 34’ EAST, 292.88 FEET TO THE POINT OF INTERSECTION
THEREOF WITH THE WESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD; THENCE ALONG SAID
WESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD NORTH 31° 26’ EAST, 141.67 FEET TO THE
POINT OF BEGINNING, BEING A PORTION OF LOT 1, AS SHOWN UPON THE MAP ENTITLED,
"RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT, IN THE RANCHO
RINCONADA DE LOS GATOS", AND RECORDED IN BOOK "F" OF MAPS, PAGE 40 IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION CONVEYED TO THE TOWN OF LOS GATOS, A
CALIFORNIA MUNICIPAL CORPORATION IN THE GRANT DEED RECORDED JULY 16, 1993, BOOK
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M890, PAGE 2014, INSTRUMENT NO. 12003059, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS
DESCRIBED AS FOLLOWS:
A TRACT OF LAND SITUATE IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO FRANK VICTORIA
BY DEED DATED OCTOBER 4, 1966 AND RECORDED IN BOOK 7524, PAGE 268, OFFICIAL RECORDS
OF SANTA CLARA COUNTY, AND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE GRANTOR’S LAND WHICH POINT IS 28.50
FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS
BOULEVARD AND RUNNING THENCE N. 57°31’ 59" W 14.50 FEET ALONG THE SOUTHERLY LINE OF
THE GRANTOR’S LAND; THENCE N. 32° 28’ 01" E 141.67 FEET TO THE NORTHERLY LINE OF THE
GRANTOR’S LAND; THENCE S. 57°31’ 14" E 14.50 FEET ALONG THE NORTHERLY LINE OF
GRANTOR’S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM
THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE S.32° 28’ 01" W 141.67 FEET TO THE
POINT OF BEGINNING.
PARCEL THIRTEEN:
COMMENCING AT A POINT ON THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS
ROAD AT THE MOST SOUTHERLY CORNER OF LOT “D” OF THE PARTITION OF THE WALKER
ESTATE, AS SHOWN UPON THE MAP ACCOMPANYING THE REPORT OF THE COMMISSIONERS IN
THE PARTITION OF SAID ESTATE, AND FROM WHICH POINT AN IRON PIN IN THE CENTER LINE OF
THE SAID SAN JOSE AND LOS GATOS ROAD BEARS SOUTH 58°30'00” EAST 20 FEET DISTANT;
THENCE ALONG THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, NORTH
31°30'00” EAST 191.92 FEET TO A POINT ON SAID LINE 80 FEET DISTANT FROM THE
SOUTHWESTERLY LINE OF THAT CERTAIN 10 ACRE TRACT OF LAND CONVEYED BY LESLIE
WALKER AND MARY WALKER TO ELIZA AUBREY BY DEED DATED FEBRUARY 3, 1906 AND
RECORDED FEBRUARY 1906 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, IN VOL 301 OF DEEDS, PAGE 504; THENCE ALONG A LINE
PARALLEL WITH AND 80 FEET DISTANT FROM THE SOUTHWESTERLY LINE OF SAID 10 ACRE
TRACT NORTH 58°30'00” WEST 320.76 FEET; THENCE PARALLEL WITH THE NORTHWESTERLY LINE
OF SAID SAN JOSE AND LOS GATOS ROAD SOUTH 31°30'00” WEST 191.92 FEET TO THE
SOUTHWESTERLY LINE OF SAID LOT “D” AFOREMENTIONED; THENCE ALONG SAID LAST NAMED
LINE SOUTH 58°30'00” EAST 320.76 FEET TO THE POINT OF BEGINNING, BEING A PART OF LOT “D”
OF THE PARTITION OF THE WALKER ESTATE IN THE RANCHO RINCONADA DE LOS GATOS, AS
SHOWN UPON THE MAP THEREOF HEREINABOVE REFERRED TO.
EXCEPTING THEREFROM:
A TRACT OF LAND SITUATE IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO MIYOKO YUKI
AND THOMAS M. YUKI BY DEED DATED AUGUST 28, 1987 AND RECORDED IN BOOK K276 PAGE
1197, OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND BEING MORE SPECIFICALLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE GRANTOR'S LAND WHICH POINT IS 28.50
FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS
BOULEVARD AND RUNNING THENCE NORTH 57°31'14” WEST 14.50 FEET ALONG THE SOUTHERLY
LINE OF THE GRANTOR'S LAND; THENCE NORTH 32°28'01” EAST 191.92 FEET TO THE NORTHERLY
LINE OF THE GRANTOR'S LAND; THENCE SOUTH 57°34'46” EAST 14.50 FEET ALONG THE
NORTHERLY LINE OF THE GRANTOR'S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT
NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE SOUTH
32°28'01” WEST 191.92 FEET TO THE POINT OF BEGINNING, AS GRANTED TO TOWN OF LOS GATOS,
A CALIFORNIA MUNICIPAL CORPORATION BY DEED RECORDED ON AUGUST 9, 1993 AS
INSTRUMENT NO. 12040571, OFFICIAL RECORDS.
PARCEL FOURTEEN:
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THAT CERTAIN PARCEL OF LAND DESCRIBED AND DELINEATED AS EXHIBIT “A” IN THAT CERTAIN
CERTIFICATE OF LOT LINE ADJUSTMENT RECORDED DECEMBER 15, 2017 AS INSTRUMENT NO.
23828582 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS GATOS, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF YUKI FARMS AS DESCRIBED
IN INSTRUMENT NUMBER 22878795 THROUGH 22878798, SANTA CLARA COUNTY RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN RECORD OF SURVEY
RECORDED IN BOOK 162 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS, SAID CORNER
BEING ON THE SOUTHERLY LINE OF SAID LANDS OF YUKI FARMS, THENCE ALONG SAID
SOUTHERLY LINE THE FOLLOWING THREE (3) COURSES:
1. NORTH 57° 32’ 39” WEST, 70.00 FEET;
2. NORTH 32° 27’ 21” EAST, 70.00 FEET;
3. THENCE SOUTH 57° 32’ 39” EAST, 155.00 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF
LOS GATOS BOULEVARD;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 32° 27’ 21” EAST, 132.00 FEET, TO A POINT
ON THE EASTERLY LINE OF SAID LANDS OF YUKI FARMS;
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TEN (10) COURSES:
1. NORTH 57° 32’ 39” WEST, 495.61 FEET;
2. NORTH 32° 27’ 21” EAST, 132.00 FEET;
3. NORTH 57° 32’ 39” WEST, 49.94 FEET;
4. SOUTH 32° 27’ 21” WEST, 132.00 FEET;
5. NORTH 57° 32’ 39” WEST, 49.93 FEET;
6. NORTH 32° 27’ 21” EAST, 132.00 FEET;
7. NORTH 57° 32’ 39” WEST, 49.99 FEET;
8. NORTH 32° 27’ 21” EAST, 154.33 FEET;
9. SOUTH 57° 32’ 39” EAST, 342.44 FEET;
10. THENCE NORTH 32° 27’ 21” EAST, 83.56 FEET, TO A POINT ON SAID EASTERLY LINE;
THENCE LEAVING SAID EASTERLY LINE AND ENTERING SAID LANDS OF YUKI FARMS THE
FOLLOWING TWELVE (12) COURSES:
1. NORTH 57° 32’ 39” WEST, 68.75 FEET;
2. NORTH 32° 27’ 21” EAST 134.67 FEET;
3. NORTH 57° 32’ 39” WEST, 28.00 FEET;
4. NORTH 32° 27’ 21” EAST, 58.83 FEET;
5. NORTH 57° 32’ 39” WEST, 69.00 FEET;
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6. NORTH 32° 27’ 21” EAST, 66.30 FEET;
7. NORTH 12° 32’ 24” WEST, 68.43 FEET;
8. NORTH 32° 27’ 55” EAST, 87.39 FEET;
9. NORTH 06° 41’ 01” WEST, 35.00 FEET;
10. ALONG A NON-TANGENT CURVE TO THE RIGHT, FROM WHICH THE RADIUS POINT BEARS
NORTH 06° 41’ 01” WEST, HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 13°
46’ 36”, AND AN ARC LENGTH OF 30.54 FEET;
11. ALONG COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET, THROUGH A
CENTRAL ANGLE OF 25° 21’ 46” AND AN ARC LENGTH OF 19.48 FEET;
12. THENCE NORTH 57° 32’ 39” WEST, 303.14 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF
SAID LANDS OF YUKI FARMS, COMMON TO THE SOUTHEASTERLY LINE OF CALIFORNIA STATE
HIGHWAY 17
THENCE ALONG SAID COMMON LINE THE FOLLOWING FIVE (5) COURSES:
1. SOUTH 29° 08’ 36” WEST, 878.83 FEET;
2. SOUTH 12° 07’ 40” WEST, 131.22 FEET;
3. SOUTH 00° 49’ 04” WEST, 104.34 FEET;
4. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00, THROUGH A CENTRAL ANGLE OF 42°
54’ 25”, AND AN ARC LENGTH OF 37.45 FEET;
5. THENCE SOUTH 42° 05’ 21” EAST, 7.27 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
SAID LANDS OF YUKI FARMS, SAID LINE BEING COMMON TO THE NORTHEASTERLY LINE OF LARK
AVENUE;
THENCE ALONG SAID COMMON LINE THE FOLLOWING TWO (2) COURSES:
1. SOUTH 55° 36’ 05” EAST, 151.07 FEET;
2. THENCE SOUTH 57° 32’ 39” EAST, 405.80 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID
LANDS OF YUKI FARMS;
THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING FIVE (5) COURSES:
1. NORTH 32° 27’ 21” EAST, 57.60 FEET;
2. SOUTH 57° 32’ 39” EAST, 38.84 FEET;
3. NORTH 32° 27’ 21” EAST, 7.00 FEET;
4. SOUTH 57° 32’ 39” EAST, 19.03 FEET;
5. THENCE NORTH 32° 27’ 21” EAST, 79.55 FEET, TO THE POINT OF BEGINNING.
PARCEL FIFTEEN:
THAT CERTAIN PARCEL OF LAND DESCRIBED AND DELINEATED AS EXHIBIT “B” IN THAT CERTAIN
CERTIFICATE OF LOT LINE ADJUSTMENT RECORDED DECEMBER 15, 2017 AS INSTRUMENT NO.
23828582 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
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ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS GATOS, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF ETPH, LP AS DESCRIBED IN
INSTRUMENT NUMBER 17435615, SANTA CLARA COUNTY RECORDS, AND A PORTION OF THE
LANDS OF YUKI FARMS AS DESCRIBED IN INSTRUMENT NUMBERS 22878795 THROUGH 22878798,
SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE STRIP OF LAND DEDICATED TO THE TOWN
OF LOS GATOS AS DESCRIBED IN INSTRUMENT NUMBER 12040570, SANTA CLARA COUNTY
RECORDS, SAID POINT BEING ON THE NORTHWESTERLY LINE OF LOS GATOS BOULEVARD
COMMON TO THE SOUTHEASTERLY LINE OF SAID LANDS OF SAID LANDS OF ETPH, LP, THENCE
ALONG SAID COMMON LINE NORTH 32° 27' 21" EAST, 80.00 FEET, TO THE SOUTHWESTERLY
CORNER OF THE STRIP OF LAND DEDICATED TO THE TOWN OF LOS GATOS AS DESCRIBED IN
INSTRUMENT NUMBER 12040574, SANTA CLARA RECORDS;
THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF LOS GATOS BOULEVARD NORTH 32°
27' 21" EAST, 18.50 FEET, TO A POINT ON SAID NORTHWESTERLY LINE;
THENCE LEAVING SAID NORTHWESTERLY LINE AND ENTERING THE LANDS OF YUKI FARMS AS
DESCRIBED IN INSTRUMENT NUMBERS 22878795 THROUGH 22878798, SANTA CLARA COUNTY
RECORDS AND SAID LANDS OF ETPH, LP THE FOLLOWING SIX (6) COURSES:
1. NORTH 57° 32' 39" WEST, 175.42 FEET;
2. SOUTH 32° 27' 21" WEST, 15.00 FEET;
3. NORTH 57° 32' 39" WEST, 296.50 FEET;
4. SOUTH 32° 27' 21" WEST, 76.41 FEET;
5. SOUTH 77° 27' 21" WEST, 81.59 FEET;
6. ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL
ANGLE OF 05° 51' 38" AND AN ARC LENGTH OF 12.99 FEET;
7. SOUTH 06° 41' 01" EAST, 35.00 FEET;
8. SOUTH 32° 27' 55" WEST, 87.39 FEET;
9. SOUTH 12° 32' 24" EAST, 68.43 FEET;
10. SOUTH 32° 27' 21" WEST, 66.30 FEET;
11. SOUTH 57° 32' 39" EAST, 69.00 FEET;
12. SOUTH 32° 27' 21" WEST, 58.83 FEET;
13. SOUTH 57° 32' 39" EAST, 28.00 FEET;
14. SOUTH 32° 27' 21" WEST, 134.67 FEET;
15. THENCE SOUTH 57° 32' 39" EAST, 68.75 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF
SAID LANDS OF ETPH LP;
THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING THREE (3) COURSES
1. NORTH 32° 27' 21" EAST, 48.44 FEET;
2. SOUTH 57° 32' 39" EAST, 24.66 FEET;
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3. THENCE NORTH 32° 27' 21" EAST, 241.67 FEET, TO THE SOUTHWESTERLY LINE OF SAID LANDS
OF ETPH LP;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LANDS OF ETPH, LP THE FOLLOWING THREE
(3) COURSES:
4. NORTH 57° 32' 39" WEST, 28.01 FEET;
5. NORTH 32° 27' 21" EAST, 191.92 FEET;
6. THENCE SOUTH 57° 32' 39" EAST, 306.39 FEET TO THE POINT OF BEGINNING.
PARCEL SIXTEEN:
PORTION OF LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "WALKER TRACT SUB.",
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA ON JUNE 12, 1895 IN BOOK F OF MAPS, AT PAGE 40, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE DRIVEN IN THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS
GATOS ROAD, AND ALSO IN THE SOUTHEASTERLY LINE OF LOT 1, AS SHOWN ON A MAP ENTITLED,
"RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO
RINCONADA DE LOS GATOS", RECORDED IN BOOK F OF MAPS, AT PAGE 40, FROM WHICH THE
MOST EASTERLY CORNER OF SAID LOT 1 BEARS NORTH 31 DEG 26' EAST 141.67 FEET; AND
RUNNING THENCE AT A RIGHT ANGLE TO THE SOUTHEASTERLY LINE OF SAID LOT 1, NORTH 58
DEG 34' WEST 292.88 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 1,
SOUTH 31 DEG 26' WEST 100 FEET; THENCE AT A RIGHT ANGLE, SOUTH 58 DEG 34' EAST 292.88
FEET TO AN IRON PIPE DRIVEN IN THE SOUTHEASTERLY LINE OF SAID LOT 1, BEING ALSO THE
NORTHWESTERLY LINE OF THE SAID SAN JOSE-LOS GATOS ROAD; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 1, NORTH 31 DEG 26' EAST 100 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION GRANTED TO THE TOWN OF LOS GATOS, A CALIFORNIA
MUNICIPAL CORPORATION, BY DEED RECORDED JULY 01, 1993 IN BOOK M865, PAGE 391, OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO OTTO C. OSWALD AND MARIAN L.
OSWALD BY DEED AUGUST 04, 1971 AND RECORDED IN BOOK 9448, PAGE 89, OFFICIAL RECORDS
OF SANTA CLARA COUNTY, AND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE GRANTOR'S LAND, WHICH POINT IS 28.50
FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS
BOULEVARD; AND RUNNING THENCE N. 57 DEG 31' 59" W. 14.50 FEET ALONG THE SOUTHERLY
LINE OF THE GRANTOR'S LAND; THENCE N 32 DEG. 28' 01"E. 100.08 FEET TO THE NORTHERLY LINE
OF THE GRANTOR'S LAND; THENCE S. 57 DEG 31' 59" E. 14.50 FEET ALONG THE NORTHERLY LINE
OF THE GRANTOR'S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY
FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE S. 32 DEG 28' 01" W. 100.08
FEET TO THE POINT OF BEGINNING.
APN: 424-07-024 (Affects Parcel One), 424-07-025 (Affects Parcel Two), 424-07-027 (Affects Parcel Three),
424-07-026 (Affects Parcel Four), 424-07-031 (Affects Parcel Five), 424-07-032 (Affects Parcel Six), 424-07-
033 (Affects Parcel Seven), 424-07-070 (Affects Parcel Eight), 424-07-035 (Affects Parcel Nine), 424-07-090
(Affects Parcel Ten), 424-07-034 (Affects Parcel Eleven), 424-07-085 (Affects Parcel Twelve), 424-07-084
(Affects Parcel Thirteen), 424-07-113 (Affects Parcel Fourteen), 424-07-114 (Affects Parcel Fifteen) and 424-
07-086 (Affects Parcel Sixteen)
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EXHIBIT B
to the
Landscape Maintenance Agreement
LOCATION OF ROW IMPROVEMENTS
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