2004-145-Granting An Easement To San Jose Water Company For Construction Of A 24 Inch Waterline Within Vasona ParkRESOLUTION 2004-145
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATDS
GRANTING AN EASEMENT TO SAN JOSE WATER COMPANY
FOR CONSTRUCTION OF A 24 INCH WATER LINE WITHIN VASONA PARK
WHEREAS, San Jose Water Company has requested an easement to construct a 24 inch
water main within Vasona Park.
WHEREAS, the easement through the Town of Los Gatos consists of two segments
along Peppertree Lane between University Avenue and Vasona Park Road for a total length of
630 feet.
WHEREAS, the easement requested is 20 feet wide to provide room for material
handling equipment during. construction and future maintenance and eventual replacement of
the pipeline.
WHEREAS, this easement will .allow for timely completion of an important water main
which will benefit the Town of Los Gatos.
NOW, THEREFORE BE IT RESOLVED, that the Town of Los Gatos supports San
Jose Water Company's request for an easement for construction of a 24 inch water line.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 6th day of December, 2004 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane Mclrlutt, Joe Pirzynski, Barbara. Spector
Mayor Mike Wasserrriari~
NAYS.: None
ABSENT: None
ABSTAIN: None
SIGNED.: ~~~ ~~~~ G~~G,.-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /~
l/ _~
CLERK ADMINISTRATO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
p{ fy
0
wliEN RECORDED .MAIL, To:
San Jose water Company
1265 South Bascom Avenue
San .Jose, CA 95128
Attn.: Thomas "Hodge
DOGUM1dNTAt~Y TRANSFER TAX:
None/No Manetary Consideration
APN: 529-12.005
RIG H T- O F- W A Y
T N ! _S ! N ®E N T U R E; made and entered into this
day of , 2004, by and .between 'Town of Loa Gatoa, First
.Party, and SAN JGS~ WATER CGMPANII, a California c®rporation, Second
Party.
VIIlT'NESSETH;
First Party, for .and in consideration of the sum of one (1) dollar, in
lawfu{money of the United :States of America,. to him in hand paid by Second Party,
the receipt whereof is hereby acknowledged, do by these presents, .grant to .Second
Party and to its successors and assigns forever:
1`he righfi and privilege of excavating for and laying pipelines as and
when and as often as the same may be desirable in the opinion of Second Party,
together with all fittings, connections and appliances which Second Party may
desire to install in connection therewith, for the transmission and distribution of
water and .also the .right of maintaining,, using and replacing and/or enlarging the
same for -such purposes and also the right and privilege of relaying, repairing,
removing andlor renewing the same, using pipe, fittings, connections .and/or
appliances either of the same size ar sizes as may first be installed or of any other
size or sizes and also aright-ofi way along the same, upon, in, through, along. and
Page 1 of3 Attachment 2
across the following described land situate in the County of Santa Clara, State of
California, to wit:
See Exhibits "A," and "~", attached and .made a yart of.
The foregoing rights and privileges hereinabove granted are made
upon the following terms and conditions:
'First Party shall neither construct nor permit to be constructed any
building or any other permanent structure on said right of way.
First Party shall neither plant nor permit to be planted trees within said
.right of way.
First Party :shall neither change .nor permit to be changed the grade
over said .right of way:
The respective rights, covenants and conditions contained herein
shall inure to the benefit of and be binding upon the respective heirs, successors
and assigns of the parties .hereto.
Page 2 of 3
1 N W 'I T N E~ S W H E R E ®P, First Party has executed this
Indenture the day and year first above written.
~e~®mr~ended rya ~R~IU~°®~ f~>
Signature
Director of Parks and Public Works
By:
Signature
By:
Print Name
ey:
signature
ay:
Print Name
Page 3 of 3
AL,L PtJt~P®~~ ACiCN®UVLEDGMENT
~`fA7E ®~ CALI~~~NtA
~ptJNTY ~F SANTA CLARA
Qn ,before me ,personally
Name, Title of Officer
appeared , personally known to me (or proved to me on the basis of
Name(s) of Signer(s)
.satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/shelthey executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
(Sea! of No#ary)
Signature
Signature of Natary