08 Staff Report - Ross Creek Joint Use AgreementSOWN 0
~~s GATES COUNCIL AGENDA REPORT
DATE: DECEMER 13, 2006
MEETING DATE: 12/18/06
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
-c_Tm-r-r-I ra.f--%C,0-.lT'J-I--T'-.T7--rnTXTIPTTC+-T',r17WTrr
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE A NEW JOINT USE AGREEMENT WITH THE SANTA CLARA
VALLEY WATER DISTRICT FOR PORTIONS OF ROSS CREEK FROM
BLOSSOM HELL ROAD TO BLOSSOM HILL PARK
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute a new Joint Use
Agreement (Exhibit A) with the Santa Clara Valley Water District for portions of Ross Creek
from Blossom Hill Road to Blossom Hill Park.
BACKGROUND:
On January 14, 1991, the Town of Los Gatos (Town) entered into an Agreement (Attachment 2)
with the Santa Clara Valley Water District (District) providing for landscaping and pedestrian
access to Town's Blossom Hill Park.
DISCUSSION:
The District is requesting a new Joint Use Agreement to replace and combine the existing Joint
Use Lease Agreement dated January 14, 1991 that expires on January 13, 2011 and the expired
Joint Use Lease Agreement dated May 18, 1981.
<; Gam,
PREPARED BY: OHNE. CURTIS
irector of Parks and Public Works
NAB&E\COUNCIL REPORTS\ross.creek joint.use.ab .scvwd.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ROSS CREEK JOINT USE AGREEMENT
DECEMBER 13, 2006
The agreement shall be for a twenty-five year period, renewable for an additional twenty-five
years beginning on the date it is approved by the District Board of Directors. The Town may
upon written notice to District, given not less than ninety (90) days prior to the termination date,
renew this Agreement for a like period under mutually agreeable terms and conditions.
Staff has reviewed the new Joint Use Agreement and recommends that the Town continue the
contractual relationship with the District for the joint use of portions of Ross Creek from
Blossom Hill Road to Blossom Hill Park.
CONCLUSION:
The proposed joint use agreement is in the best interest of all parties involved and is
recommended for approval.
ENVIRONMENTAL ASSESSMENT:
This project is not defined under CEQA, and no further action is required.
FISCAL IMPACT:
The renewal of this joint use will not increase the Town's existing maintenance obligations, and
no budget adjustment is needed.
Attachments:
1. Resolution authorizing the Town Manager to execute a new Joint Use Agreement (Exhibit A)
with Santa Clara Valley Water District
2. Current Joint Use Lease Agreement dated January 14, 1991
Distribution:
Lily Lew, Santa Clara Valley Water District, 5750 Almaden Expressway, San Jose, CA 95118
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO
EXECUTE A NEW JOINT USE AGREEMENT WITH THE SANTA CLARA
VALLEY WATER DISTRICT FOR PORTIONS OF ROSS CREEK FROM
BLOSSOM HILL ROAD TO BLOSSOM HILL PARK
WHEREAS, the Town of Los Gatos (Town) and Santa Clara Valley Water
District (SCVWD) entered into a Joint Use Lease Agreement on May 18, 1981 for public park
purposes at Blossom Hill Road; and
WHEREAS, the Town and SCVWD entered into a Joint Use Lease Agreement
on January 14, 1991 for landscaping and pedestrian access to Blossom Hill Park.
WHEREAS, the SCVWD is requesting a new Joint Use Agreement to replace
and combine the existing Joint Use Lease Agreement dated January 14, 1991 that expires on
January 13, 2011 and the expired Joint Use Lease Agreement dated May 18, 1981.
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town
of Los Gatos hereby approves the attached new Joint Use Agreement for portions of Ross Creek
from Blossom Hill Road to Blossom Hill Park.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized
and directed to execute said Joint Use Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 18th day of December, 2006, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 1
File: Town of Los Gatos
X-File: 3023 and 3023-1
JOINT USE AGREEMENT
For portions of Ross Creek
From Blossom Hill Road to Blossom Hill Park
SANTA CLARA VALLEY WATER DISTRICT, a public entity, hereinafter referred to as "District;"
and the Town of Los Gatos, hereinafter referred to as "Town", AGREE this day of
, 2006, as follows:
RECITALS:
A. District is the owner of certain real property (hereinafter "the Premises"), described on
"Exhibit A" hereto, so marked and by this reference made a part hereof.
B. Town and District recognize that the Premises are regulated by a variety of federal, state,
and local agencies.
C. Town and District, in cooperation with the California Department of Water Resources, the
U.S. Army Corps of Engineers, and the California Department of Fish and Game, agree
to use the Premises for nonvehicular (except for maintenance, emergency, and
enforcement vehicles) and recreational purposes and for flood protection and water
conservation purposes.
D. Town has ascertained that adequate funds have been appropriated to construct and
operate its proposed facilities on the Premises and that adequate funds have been
appropriated to meet all of its obligations contained in this agreement.
E. The parties find it to be in the public interest to provide for joint use of the Premises by
means of an Agreement thereof under the following terms and conditions:
AGREEMENT:
1. District and the Town of Los Gatos agree to enter this Joint Use Agreement to replace
and combine the following existing agreements:
1.1 The Lease (Joint Use) Agreement, dated 1/14/1991, that expires on January 13,
2011 for landscaping and pedestrian access to Town's Blossom Hill Park,
1.2 The expired Lease Agreement, dated 05/18/1981, for Public Park purposes at
Blossom Hill Road.
Both locations are shown on the attached Exhibit A.
2. District shall and does hereby grant permission to Town to use the Premises for the
following purposes and subject to the following special restrictions:
• Public Park purposes
1 of 6 - - EXHIBIT-A- - - - - - - - - -
Landscaping and pedestrian access to Town's Blossom Hill Park. Motorized
vehicles other than Town maintenance vehicles are specifically excluded.
Bicycle and/or pedestrian trail, including appurtenances such as signs, fencing
and gates approved by the District and evidenced by issuance of a District permit.
Public access to the Premises shall be passive in nature. Picnic facilities,
barbeques, fires, swimming, boating, rafting, dogs or other domestic animals
(except on leash), equestrian use, and any type of motorized cycles are not
permitted hereunder and such uses shall be effectively controlled by Town.
3. Town shall provide and maintain recycling and garbage receptacles for public use, and
-provide for adequate waste removal service. Town shall also provide graffiti removal in
compliance with Town's graffiti abatement program, including graffiti removal from signs
installed in conjunction with and/or accessory to the establishment of a public park and
pathway consistent with its implementation of the same program at comparable Town
facilities.
4. The public pathway and corridor, the subject of this Agreement, may be patrolled by
Town personnel and ranger services under contract with Town and/or volunteers
supervised by Town. District shall have no obligation whatsoever to provide or pay for
such services.
5. Town must remove and if it so chooses, replace recreational improvements installed by
the Town in the event District is required to improve, maintain or repair Ross Creek in
any manner for District purposes. District shall inform Town in preconstruction planning,
as described in Paragraph 8, in the event a District flood protection project is needed, to
minimize District's project impact on Town's improvements to the Premises.
6. Damage occurring on the premises to Town's structures or paving by reason of District's
maintenance or other activity or by reason of natural forces will not be the responsibility
of the District to repair or restore, all such costs for such repair or restoration are to be
born by Town. District shall take reasonable care in performing its maintenance activities
so that damage does not occur or if necessary, damage is reasonably minimized.
7. Town and District recognize the unique nature of the resources and recreational uses
covered by this agreement and the beneficial effects to both parties of providing these
resources to the public. Town and District resolve to utilize their respective offices to
mutually support the efforts of each other to deliver such services to the public. Town
and District further agree to cooperate in order to resolve disputes and assist each other
in responding to public inquiries arising from the activities of either party.
8. Town and District staff shall meet whenever necessary for the purpose of scheduling
routine maintenance, including, but not limited to:
Maintenance issues related to improvements;
Method and timing of issues related to affected wildlife;
• Nonemergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and Town further agree to notify one
another's designated representative as required prior to commencement of such
work, in order to minimize public impacts.
2 of 6
In an emergency situation, District shall have rights provided in Paragraph 15
without consulting Town.
9. Town will encourage volunteer groups to participate in District's "Adopt-A-Creek"
program.
10. Locally native plants selected by a licensed landscape architect with native habitat
experience should be used for revegetation purposes.
11. Construction work during spring nesting season will be avoided whenever possible. The
pal tfcS aCnnOWieugc that the spring nesting SeaSCi i CCCurS ctWc2i i Fcui uai y! 1 and July
1. If construction must be done during the nesting season, a survey by a qualified
biologist will be undertaken to determine the presence of nesting. If no nesting activity is
reported, then the work may proceed*--If nesting activity is reported,--the-biologist is-
expected to recommend the implementation of adequate mitigation measures.
Environmental impact shall be considered prior to all work. Any and all work related to
this clause shall be completed in accordance with applicable federal, state, and local
environmental health and safely regulations including the federal Migratory Bird Act of
1918 and any amendments thereto.
12. The parties shall cooperate to create and install signage which benefits the programs of
each party such as warnings, entrance signage, interpretive signs and benches, and joint
uses when applicable. The Chief Executive Officer of the District and Director of Parks
and Public Works of the Town or their designees shall meet and confer on a periodic
basis to plan and install appropriate signage which serves the needs of both parties.
All signs excepting existing ones or publications that identify the facility (e.g. park, trail) by
name should include the District's logo in equal size and symmetric relationship to any
other logos. All signs or publications that are intended to interpret the water resources
should be developed in cooperation with the District's Office of Communications and
should also include the District's logo in equal size and symmetric relationship to any
other logos. Maintenance responsibility for signage and benches shall be the
responsibility of either the District or the Town, according to which entity has installed the
improvements.
13. This Agreement shall be for a period of 25 (twenty-five) years beginning on the date it is
approved by the District Board of Directors. Town may, upon written notice to District of
intent to do so, given not less than ninety (90) days prior to the termination date, renew
this Agreement for a like period upon the same terms and conditions. This Agreement
may be terminated by either parry upon ninety (90) days prior written notice to the other.
Notice of intent to renew or to terminate may be given by the Town Manager or the
Director of Parks for Town. Notice of intent to terminate may be given by the District's
Chief Executive Officer for the District. It is understood and agreed that at District's sole
discretion, this agreement may be superseded and incorporated into any future joint use
agreement or lease arrangement along Ross Creek.
14. Town shall have the full control and authority, for purposes of this Agreement, over the
use of the Premises, and Town may restrict, or control, regulate and supervise the public
use thereof. Town may, in its discretion but consistent with the right of District
hereinafter described, and without diminution of the flood control or conservation function
or hazard thereto of the Premises as now existing or as may hereafter be altered, take
any measures of every kind as may in the opinion of Town be necessary for the safety of
the users of the Premises for any lease purpose.
3 of 6
Further, Town shall have the sole responsibility for the maintenance in usable and safe
condition of every facility provided upon the Premises for purposes of this Agreement.
15. District shall have the sole responsibility to maintain Ross Creek for flood protection and
water conservation purposes, to repair and reconstruct the same where necessary for
such purposes and to perform such periodic maintenance as may be appropriate to such
purposes, including removal of silt, debris, and obstructive growth. It is expressly
understood that District is engaged in flood protection and the conservation of water and
that the terms and conditions of this Agreement shall not in any way interfere with the
absolute, free and unrestricted right of District to operate and maintain for flood
protection and water conservation purposes the stream bed and banks or any
appurtenant works thereto, or to repair or construct any of its works, or to raise or lower
the height of the water present upon the Premises; and -it -is further understood thaf
nothing herein contained shall be construed as conferring a right upon Town to have or a
duty upon District to provide water upon the Premises at any time. Town shall bear the
cost and expense of any security, police or other expenditure necessary to temporarily
prohibit or control public access to the Premises that the District would not ordinarily incur
to complete the activities described in this clause. Damage to District's or Town's
facilities arising from use of the Premises under this Agreement shall be the responsibility
of Town.
16. It is also expressly understood by Town that the level of water upon the Premises may
fluctuate from day to day due to controlled or uncontrolled flows upon and across the
same, and that such fluctuations may require greater control over the use of the
Premises by Town and the public; provided, however, that Town shall be responsible for
informing itself thereof and of all other conditions of the Premises whether open or
covered which may in anywise affect the health and safety of the users of the Premises
hereunder.
17. A. Town shall have the right to build any improvements on the Premises necessary or
convenient to the enjoyment of this Agreement, provided the location of any such
improvement is, in each case during the term of this Agreement, first approved by
District and signified by issuance of a District permit. It is fully understood and
agreed that District's basis of approval or disapproval of improvements is its
responsibility to insure that the same shall not constitute an obstruction to flood
flows and shall not interfere with the use of the Premises for flood protection or
water conservation purposes, and does not in anyway extend to consideration of
the health and safety of users of the Premises, which latter consideration is the
responsibility of Town.
B. Improvements built by Town on the Premises shall remain the property of Town
and upon the termination of this Agreement shall be removed by Town, leaving the
Premises in a condition as near as reasonably possible to their condition prior to
such improvements. If District, in the interest of health and safety and in the
exercise of lawful powers, requires that such an improvement must be removed or
relocated, the same shall be done at Town's expense upon reasonable notice
from District.
18. A. Town shall assume the defense of, indemnify and hold harmless, District, its
officers, agents, and employees from all claims, liability, loss, damage, and injury
of any kind, nature, or description directly or indirectly arising during the initial term
of this Agreement, or any renewal thereof, and resulting from the public use of the
4-of-6
Premises pursuant hereto or from public use of adjacent Premises of District
occurring in consequence of Town's or the public's use of the Premises or from
acts, omissions, or activities of Town's officers, agents, employees, or
independent contractors employed by Town, excepting claims, liability, loss,
damage, or injury which arise from the willful or negligent acts, omissions, or
activities of an officer, agent, or employee of District. This Agreement to defend,
indemnify, and hold harmless the District shall operate irrespective of the basis of
the claim, liability, loss, damage, or injury and irrespective of whether the act,
omission, or activity is a condition of premises or any other cause of any kind or
nature.
B. District shall assume the defense of, indemnify, and hold harmless, Town, its
officers, agents, and employees from all claims, liability, loss, damage, and injury
o - ariy -in ---nature or_ - escription - irect y or iri- irect y arising rom- -isthct s
exercise of its flood protection or water conservation purposes on the Premises
pursuant hereto or from acts, omissions, or activities of District's officers, agents,
employees, or independent contractors employed by District excepting claims,
liability, loss, damage, or injury which arises from the willful or negligent acts,
omissions or activities of an officer, agent, or employee of Town. This agreement
to defend, indemnify, and hold harmless shall operate irrespective of the basis of
the claim, liability, loss, damage, or injury, and irrespective of whether the act,
omission, or activity is a condition of premises or any other cause of any kind or
nature.
19. Any and all notices required to be given hereunder shall be deemed to have been
delivered upon deposit in the United States mail, postage prepaid, addressed to either of
the parties at the address hereinafter specified or as later amended by either party in
writing:
City
District
Director of Parks and Public Works Attention: Clerk of the Board
Town of Los Gatos Santa Clara Valley Water District
110 East Main Street 5750 Almaden Expressway
Los Gatos, CA 95032 Santa Clara Valley Water District
San Jose, CA 95118
20. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and
bind the successors and assigns of the respective parties hereto; provided, that Town
shall neither assign nor sublet this Agreement without prior written consent of District.
21. This agreement includes any and all exhibits, covenants, agreements, conditions, and
understandings between Town and District concerning the Premises. There are no
covenants, agreements, conditions, or understandings, either oral or written, between the
parties hereto other than herein set forth.
5of6
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
"Town" "District"
TOWN OF LOS GATOS SANTA CLARA VALLEY WATER DISTRICT,
a public entity
By: By:
Chief Executive Officer
ATTEST: ATTEST:
Clerk Administrator Clerk/Board of Directors
APPROVED AS TO FORM:
Town Attorney
APPROVED AS TO FORM:
District Counsel
6of6
File: J & Use: Town of Los Gatos
X File: 3023-AA
LEASE AGREEMENT
(Joint Use)
SANTA CLARA VALLEY WATER DISTRICT, a public corporation, herinafter referred
to-as"District-'--andT-he-T-own-of-Los--Gatos-------
hereinafter referred to as
"Town"; AGREE this IA~,*k day of n,4( Iq / , as follows:
RECITALS:
A. District is the owner of certain real property (hereinafter "the premises"), described on
Exhibit A hereto, so marked and by this reference made a part hereof.
B. The parties find it to be in the public interest to provide for joint use of the premises by
means of a lease thereof under the following terms and conditions.
AGREEMENT:
1. District shall and does hereby lease the premise is to Town for the following purpose or
purposes and subject to the following special restrictions:
Landscaping and pedestrian access to Town's Blossom Hill Park. Motorized vehicles other
than Town maintenance vehicles are specifically excluded.
2. This lease shall be for a period of Twenty (20) years beginning on
Lf,j~,UQ4,~4 /y . Town may, upon written notice to District of intent
to d so, given no less the ninety (90) days prior to the termination date, renew this lease for a
like period upon the same terms and conditions. This lease may be terminated without cause by
either party upon ninety (90) days prior written notice to the other. Notice of intent to renew or
to terminate may be given by Director of Parks, Forestry, and Maintenance Services for Town.
Notice of intent to terminate may be given by the General Manager of District for the
District and by the Town Manager for the Town.
3. Town shall have the full control and authority, for purposes of this lease, over the use of
the premises, and Town may restrict, or control, regulate and supervise the public use thereof.
Town may, in its uncontrolled discretion (but consistent with the right of District hereinafter
described, and without substantial or hazardous diminution of the flood control or conservation
function of the premises as now existing or as may hereafter be altered), take any measures of every
kind as may in the opinion of Town be necessary for the safety of the users of the premises for any
lease purpose. Further, Town shall have the sole responsibility for the maintenance in usable and
safe condition of every facility provided upon the premises for purposes of this lease.
RE1734b _(8/84) - - - 1 ATTACHMENT 2
. 4. District shall have the sole responsibility to maintain Ross Creek for flood control and
water conservation purposes, to repair and reconstruct the same where necessary for such purposes
and to perform such periodic cleanup as may be appropriate to such purposes, including removal
of silt, debris and obstructive growth. It is expressly understood that District is engaged in flood
control and the conservation of water and that the terms and conditions of this agreement shall not
in any way interfere with the absolute, free and unrestricted right of District to operate and
maintain for flood control and water conservation purposes the stream bed and banks or any
appurtenant works thereto, or to repair or construct any of its works, or to raise or lower the height
of the water present upon the premises; and it is further understood that nothing herein contained
shall be construed as conferring a right upon Town to have or a duty upon District to provide water
upon the premises at any time. Damage to District's facilities arising from use of the premises
under this lease shall be the responsibility of Town.
5. It is also expressly understood by Town that the level of water upon the premises may
fluctuate from day to day due to controlled or uncontrolled flows upon and across the same, and
that such fluctuations may require greater control over the use of the premises by Town and the
public; provided, however, that Town shall be responsible for informing itself thereof and of all
other conditions of the premises whether open or covered which may in anywise affect the health
and safety of the users of the premises hereunder; and provided, further, that Town shall not be
responsible for mosquito control on the premises. District shall have the affirmative duty to
immediately notify Town whenever District in the exercise of its flood control or water conservation
activities performs or intends to perform any major work of maintenance, repair or reconstruction
(other than routine removal of silt, debris and obstructive growth) on the premises or on any
District works appurtenant thereto.
6(a). Town shall have the right to build any improvements on the premises necessary, or
convenient to the enjoyment of this lease; provided, the location of any such improvement is, in
each case during the term of this agreement, first approved by District. It is fully understood and.
agreed that District's basis of approval or disapproval of improvements is its responsibility to insure
that the same shall not constitute an obstruction to flood flows and shall not interfere with the use
of the premises for flood control or water conservation purposes, and does not in anywise extend
to consideration of the health and safety of users of the premises, which latter consideration is the
responsibility of Town.
(b). Improvements built by Town on the premises shall remain the property of Town and
upon the termination of this lease shall be removed by Town, leaving the premises in a condition
as near as reasonably possible to their condition prior to such improvements. If District, in the
interest of health and safety and in the exercise of lawful powers, requires that such an
improvement must be removed or relocated, the same shall be done at Town's expense.
7(a). Town shall assume the defense of, indemnify and hold harmless, District, its officers,
agents and employees from all claims, liability, loss, damage and injury of any kind, nature or
description directly or indirectly arising during the initial term of this agreement, or any renewal
thereof, and resulting from the public use of the premises pursuant hereto or from public use of
adjacent premises of District occurring in consequence of Town's or the public's use of the premises
or from acts, omissions or activities of Town's officers, agents, employees or independent
contractors employed by Town, excepting claims, liability, loss, damage or injury which arise from
the willful-or negligent acts, omissions, or activities of an officer, agent or employee of District.
This agreement to defend, indemnify and hold harmless shall operate irrespective of whether
RE 1734b (8/84) 2
negligence is the basis of the claim, liability, loss, damage or injury and irrespective of whether the
act, omission or activity is merely a condition rather than a cause.
(b). District shall assume the defense of, indemnify and hold harmless, Town, its officers,
agents and employees from all claims, liability, loss, damage and injury of any kind, nature or
description directly or indirectly arising from District's exercise of its flood control or water
conservation purposes on the premises pursuant hereto or from acts, omissions or activities of
District's officers, agents, employees or independent contractors employed by District excepting
claims, liability, loss, damage or injury which arises from the willful or negligent acts, omissions or
activities of an officer, agent or employee of Town. This agreement to defend, indemnify and hold
harmless shall operate irrespective of whether negligence is the basis of the claim, liability, loss,
damage, or injury, and irrespective of whether the act, omission or activity is merely a condition
---rather-than a cause.
8. Any and all notices required to be given hereunder shall be deemed to have been
delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties
at the address hereinafter specified or as later amended by either party in writing:
Town DISTRICT
Town of Los Gatos Santa Clara Valley Water District
110 East Main Street 5750 Almaden Expressway
Los Gatos, CA 95032 San Jose, California 95118
9. This agreement, and all the terms, covenants and conditions hereof, shall apply to and
bind the successors and assigns of the respective parties hereto; provided, that Town shall neither
assign nor sublet this agreement without prior written consent of District.
- RE1734---b (8/84) - - - - - - - 3 - - - - - - - - - - - - - -
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
By:
Town Manager
SANTA CLARA VALLEY WATER DISTRICT
a public corporation
By:
Chairman, Board of Directors
"District"
ATTEST: MARIAN V. COSGROVE
Clerk of the Town of Los G s
APPROVED AS TO FORM:
1 -1
-0idn ~ K oe4l
Q, Town Attorney
ATTEST: _$,t,J$~ N.qW
Cler the Board of Directors
ro Tem
APPROVED AS TO FORM:
. cja't--~~
General ou sel
- - - RE1734b- (8/84) - - - - - - - - --4 - - - - - - - - - - - -
EXHIBIT "A"
Description of real property owned by the Santa Clara Valley Water District,
adjacent to Blossom Hill Park, to be used jointly with the Town of Los Gatos.
That certain parcel of land situated in the Town of Los Gatos, County of Santa
Clara, State of California, described as follows:
BEGINNING at the most northeasterly corner of that certain 3.93 acre parcel
described in the deed from Ethel I. Goldsberry, a widow, to Ethel I. Goldsberry
and Roger D. Goldsberry, Mother and Son, recorded November 4, 1955 in Book 3325
of Deeds at page 147, Santa Clara County Records, said point being in the
northwesterly line of Tract No. 3026, the map for which is recorded in Book 139
of Maps at pages 50 and 51, Santa Clara County Records; thence from said Point
-of---Beginning-along the-s-out e-asterly--li-ne-of-said--3.93--acr-e-par-cel-,--be-i-ng-th.e------
northwesterly. line of said Tract No. 3026, South 19° 46' 35" West 26.35 feet;
thence westerly along a curve to the right from a tangent which bears South 72-
06' 22" West with a radius of 90.00 feet through a central angle of 61° 33' 28",
an arc distance of 96.70 feet to a point of reverse curvature; thence along a
curve to the left with a radius of 110.00 feet through a central angle of 114-
18' 37an arc distance of 219.46 feet to a point of tangency, said tangent is
parallel to and 25.00 feet easterly of the northwesterly line of the aforesaid
3.93 acre parcel; thence leaving said point of tangency along a line
perpendicular to said tangent North 70° 38' 47" West 25.00 feet, more or less,
to a point on the aforesaid northwesterly line; thence along said northwesterly
line North 19° 21' 13" East 103.01 feet, more or less, to the most northwesterly
corner thereof; thence along the northerly line of said 3.93 acre parcel North
81° 34' 28" East 28.26 feet, more or less, to a point, said point also being on
a line which is parallel to and 25.00 feet easterly, measured at right angles,
of the aforesaid northwesterly line; thence leaving said northerly line in a
southerly direction along said parallel line South 19° 21' 13" West 46.89 feet,
more or less, to a point on a curve, concave to the South, a radial line through
which bears South 38. 26' 32" East; thence leaving said parallel line along a
curve to the right from a tangent which bears North 51° 33' 28" East with a
radius of 130.00 feet through a central angle of 79. 20' 45", an arc distance
of 180.03 feet to a point on the northerly line of the aforesaid 3.93 acre
parcel; thence along said northerly line the following two courses and distances:
South 35° 21' 55" East 13.14 feet, and South 87° 24' 25" East 82.01 feet to the
Point of Beginning, being a portion of Lot 4 as said Lot 4 is shown upon that
certain map entitled "Map of the Subdivision of the M.S. Gardner Estate", filed
for record in Book C of Maps at page 39, Santa Clara County Records.
Containing 9,001 square feet, or 0.207 acre of land, more or less.
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