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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. i GP`~'~ ~ Z~ q q D S ~ ~ R N l ~00A, Z 8 60 PAd ,x.60 p M 5 - _ . - A s , aL p5 0 0 . " ti, " Ni Cn ° 4 + a ? WI X p i LU a ui t-j tP oa cn C2 N ¢1 S~ 3 cd ZI = 1 a~, i N N ~So +7/ ~ Q_' ~v 10 Y ~ 4 a A.. 5 ~r J O z ~ M N a Ul in to Q to a t ~Z ui cn N o . z' a o. ti M N U-1 Z El- a p -7a W. Lin W f It Ln i :z a- i r d R- Q z i O ~ O 0 1 r a 1 Ln Q - 4Q G 0, v '