Attachment 6EXECUTION COPY
SMHH\54443\1355092.9 September 13, 2018
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
(SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 and 6103)
AGREEMENT FOR PRIVATE IMPROVEMENTS
IN THE PUBLIC RIGHT-OF-WAY
North 40 Phase 1
Los Gatos, CA 95032
APNs: 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
DRAFT
ATTACHMENT 6
EXECUTION COPY
SMHH\54443\1355092.9 1 September 13, 2018
AGREEMENT FOR PRIVATE IMPROVEMENTS
IN THE PUBLIC RIGHT-OF-WAY
THIS AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (the
“Agreement”) is made and entered into as of this ____ day of ___________, 2018, by and between
SummerHill N40 LLC, a California limited liability company (“Property Owner”), and the Town of Los
Gatos, a municipal corporation (“Town”), with an address of c/o Parks and Public Works Department,
41 Miles Avenue, Los Gatos, California 95030, 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. Property Owner sought approval under Resolution No. 2017-045 for the
development of 253 residential condominiums, 10 market-rate rental
apartments, 50 senior affordable apartments, and commercial space (the
“Project”).
C. As a condition of Project approval, the Town has required Property Owner to
construct certain improvements, namely the landscaping, irrigation, street
furniture (such as benches), and multi-use path, in the public right-of-way,
which improvements have been approved by the Town for the benefit of this
Project as well as other property owners in accordance with Condition 47
and the Tentative Map approval dated August 1, 2017.
D. Pursuant to Condition 47 and the Tentative Map, Property Owner shall install
right of way improvements for the benefit of the occupants of the Project and
for the benefit of the public.
NOW, THEREFORE, Property Owner enters into this Agreement with the Town. The Property
Owner, its successors and assigns, shall have the right and obligation to maintain the private
improvements being constructed pursuant to the Tentative Map and Condition 47 in the Town’s right-
of-way along the portions of Lark Ave. and Los Gatos Blvd. that abut the Project, limited to the
landscaping, irrigation, street furniture (such as benches), and multi-use path (collectively, the “ROW
Improvements”) located in the right-of-way area shown on Exhibit B attached hereto and
incorporated herein, under Encroachment Permit No. EN __ - ____ All conditions of Encroachment
Permit No. EN __-____ remain in full force and effect.
The Property Owner shall be solely responsible for maintaining the ROW Improvements in a
good and safe manner. The Property Owner shall be responsible for the cost to maintain the ROW
Improvements, provided that if the Town or any person acting under the authority of a party damages
any ROW Improvement, the responsible party shall pay all costs to repair or replace the damaged
ROW Improvement to the same or better condition as before the damage occurred. Property Owner
shall indemnify, defend, and hold 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 ROW 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 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
DRAFT
SMHH\54443\1355092.9 2 September 13, 2018
reasonably incurred attorney’s fees) for which Property Owner is obligated under this paragraph to
provide indemnity or defense to the Town, its officers, officials, volunteers, employees or attorneys.
In connection with future road widening and future Town work within the area covered by the
Encroachment Permit, the Town, in its sole discretion, may revoke the rights granted under
Encroachment Permit No. EN - and remove the ROW Improvements installed under
Encroachment Permit No. EN - at any time, without liability to the Property Owner, or
require that the ROW Improvements be removed and the Property Owner shall have (i) no right to
compensation from Town in any form as a result thereof, and (ii) no further obligation to construct the
ROW Improvements.
In the event that the Property Owner fails to reimburse the Town for the costs of removing the
ROW Improvements within 30 days after written notice and opportunity to cure by the Town to
Property Owner (“default”), if required by this Agreement, the Town shall have and may execute the
absolute right, at the Town’s option and without demand or notice to the Property Owner, to record a
lien, attached as Exhibit C and incorporated herein by this reference (“Lien”) on said real property.
Town’s failure to exercise this option shall not constitute a waiver of the right lo exercise it in the event
of any subsequent default.
(a) Amount of Lien: The Lien shall be for the entire amount then owing under this
Agreement.
(b) Recordation: If a default has occurred after the required notice to cure period, Town is
authorized to record the Lien in the Recorder’s Office of Santa Clara County,
California.
(c) Enforcement: Town shall have full authority to perform all acts and things that Town
may consider necessary or advisable to impose, maintain and enforce the Lien.
(d) Notices: Any notice, demand or request required hereunder or by law shall be given
in writing (at the addresses set forth below) by any of the following means: (i) personal
service; (ii) facsimile; (iii) overnight courier or delivery service; or (iv) registered or
certified, first class U.S. mail, return receipt requested.
The Property Owner agrees to maintain general liability insurance with a limit of at least
$100,000 for damages arising from the installation, design or condition of the ROW Improvements.
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 North 40 Phase 1 and the Property Owner and each successive owner(s)
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 a predecessor or successor owner unless assumed in writing.
If there are multiple owners of the property bound by this Agreement at any given point in time, each
owner shall be jointly and severally liable for the duties contained herein.
DRAFT
SMHH\54443\1355092.9 3 September 13, 2018
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 North 40 Phase 1. No lender taking title to all or any
portion of North 40 Phase 1 through foreclosure or deed in-lieu of foreclosure shall be liable for any
defaults or monetary obligations of Property Owner 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 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 North 40 Phase 1 of which Town has been given notice (each, a “Lender”) with
written notice of any default relating to Property Owner and/or North 40 Phase 1 given by Town to
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.
Executed this day of _______________, 2018.
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
TOWN: Town of Los Gatos,
a municipal Corporation
By:
Matt Morley
Its:
Director of Parks and Public Works
(Attach Notary Acknowledgment For All Parties)
DRAFT
SMHH\54443\1355092.9 1 September 13, 2018
EXHIBIT A
to the
Agreement For Private Improvements In The Public Right-Of-Way
LEGAL DESCRIPTION OF NORTH 40 PHASE 1
Real property in the Town of Los Gatos, County of Santa Clara, State of California, described as
follows:
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;
DRAFT
SMHH\54443\1355092.9 2 September 13, 2018
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:
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.
DRAFT
SMHH\54443\1355092.9 3 September 13, 2018
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:
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
DRAFT
SMHH\54443\1355092.9 4 September 13, 2018
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:
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:
DRAFT
SMHH\54443\1355092.9 5 September 13, 2018
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.
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
DRAFT
SMHH\54443\1355092.9 6 September 13, 2018
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:
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.
DRAFT
SMHH\54443\1355092.9 7 September 13, 2018
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.
DRAFT
SMHH\54443\1355092.9 8 September 13, 2018
EXCEPTING THEREFROM, THAT PORTION CONVEYED TO THE TOWN OF LOS GATOS, A
CALIFORNIA MUNICIPAL CORPORATION IN THE GRANT DEED RECORDED JULY 16, 1993,
BOOK 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
DRAFT
SMHH\54443\1355092.9 9 September 13, 2018
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:
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;
DRAFT
SMHH\54443\1355092.9 10 September 13, 2018
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;
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:
DRAFT
SMHH\54443\1355092.9 11 September 13, 2018
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:
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
TOW N 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;
DRAFT
SMHH\54443\1355092.9 12 September 13, 2018
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;
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
DRAFT
SMHH\54443\1355092.9 13 September 13, 2018
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)
DRAFT
SMHH\54443\1355092.9 1 September 13, 2018
EXHIBIT B
to the
Agreement For Private Improvements In The Public Right-Of-Way
LOCATION OF ROW IMPROVEMENTS
DRAFT
SMHH\54443\1355092.9 1 September 13, 2018
EXHIBIT C
to the
Agreement For Private Improvements In The Public Right-Of-Way
CLAIM OF LIEN
APN: [___-____-____]
Address : _______North 40 Phase 1
I, LISA PETERSEN, Town Engineer for the Town of Los Gatos, a California municipal
corporation (“Town”), do hereby certify:
A. On or about ______________, 20__, SummerHill N40 LLC, a California limited liability
company, (“Debtor”) executed an Agreement for Private Improvements with the Town of Los Gatos
(“Agreement”).
B. The Agreement was recorded in the Santa Clara County Recorder’s Office on or about
__________________, 20__, as Document Number __________________.
C. The Agreement allowed the Debtor to provide, construct, and/or install certain private
Improvements (as defined in the Agreement) in front of its property at North 40 Phase 1, Los Gatos,
California, at its own costs and expense. Pursuant to the terms of the Agreement, the Debtor
expressly agreed that if it (or its successors or assigns) failed to comply with a Town request to
remove the work noted in the Agreement, the Town was authorized to remove said Improvements
and recover the full cost and expense thereof from the Debtor or its successors or assigns.
D. The Debtor did not remove the Improvements after being notified to do so. Therefore, the
Town removed said Improvements.
E. In _________________, 20__, the Town informed the Debtor about the Improvements that
would be removed pursuant to the Agreement.
F. The Town subsequently completed the work. On or about _______________, 20___, the
Town sent the Debtor an invoice for said work in the amount of $____________________.
G. Pursuant to the terms of the Agreement, the Debtor expressly agreed that the Town is
authorized to immediately claim and impose a lien on the real property commonly known as North 40
Phase 1, Los Gatos, California, APN Number [____-____-____], for the entire amounts then owing
under, or incurred pursuant to, the Agreement, including without limitation, the entire unpaid principal
amount.
WHEREFORE, the Town of Los Gatos, a California municipal corporation, pursuant to the
Agreement, hereby claims a lien upon the work of improvement and the land upon which it is situated,
namely, the real property commonly known as North 40 Phase 1, Los Gatos, California, APN Number
[____-____-____], in the amount of $________________ and said amount shall constitute a lien
against said property until paid in full. This lien does not relate back in time to the recordation of the
Agreement.
IN WITNESS WHEREOF the Town of Los Gatos, California, a California municipal
corporation, has duly authorized the undersigned lo execute this instrument in its name.
DRAFT
SMHH\54443\1355092.9 2 September 13, 2018
Dated:
By:
for the TOWN OF LOS GATOS. a California municipal corporation
(Notary Acknowledgement Required for Signatures)
DRAFT