2007-107-Approving Settlement And Release Agreement Resulting In A Covenant Running With The LandRESOLUTION 2007-107
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING SETTLEMENT AND RELEASE AGREEMENT RESULTING IN A
COVENANT RUNNING WITH THE LAND
APN 537-13-011
PROPERTY LOCATIONS: 15310 KENNEDY ROAD, LOS GATOS
WHEREAS:
A. Nichole and James Richardson are the fee owners of real property located in the
Town of Los Gatos, California, APN 537-13-O1 l (the "Property").
B. The Property is subject to an Open Space Easement granted by James Blair and
Donna Blair,. the Richardsons' predecessors in interest to the Property, to the Town and the Mid
Peninsula Regional Open Space District, recorded on November 6, 1986.as document No.
9014185 at book J910, page 2117 (the "Easement").
C. Paragraph 2(c) of the Grant of Open Space Easement excludes the repair or
maintenance of any existing roads on the Property or the placing of gravel or other non-
impervious material upon any roads existing as of the date of the grant of easement.
D. Section 12.20.010 of the Los Gatos Town Code requires a permit for any grading
work in the Town.
E. On or about Apri12005 the Richardsons permitted, directed or otherwise allowed
the grading of a path between 6 and 12 feet wide, over 4100 feet in length along a hillside within
the area of the easement (the "Path"). The Path was cleared without a grading permit issued by
the Town.
F. On or about June 30, 2005, the Town notified the Richardsons that they must take
measures to temporarily stabilize the graded areas during the pendency of their dispute with the
Town and the District regarding the Path and other issues unrelated thereto. The temporary
stabilization measures were to be completed in compliance with criteria established by the Town
and approved by the District, and the Richardsons' performance would be monitored by the
Town. The Parties agree that the Richardsons completed and maintained temporary stabilization
measures in compliance with the mandatory criteria.
G. Temporary stabilization measures were completed to the satisfaction of the Town
and District.
H. On or about January 17, 2007, Geomatrix, an engineering firm qualified to consult on
geological matters including erosion control and remediation measures associated with improper
grading work, submitted the "Final Report Evaluation of Trail Grading -Joint Easement" to the
Town summarizing its investigations, findings and conclusions, and recommendations with
respect to stabilizing, minimizing erosion and sedimentation and restoring the Path to natural
conditions (the "Report").
I. The Report at section 5.0 makes certain recommendations, all of which have been
approved by the Town and District and accepted without qualification or reservations by the
Richardsons.
The parties now wish to settle all disputes among themselves arising out of or
otherwise relating to the grading of the Path by insuring that the Path is returned to natural
conditions pursuant to the recommendations of the Report.
RESOLVED:
1. That the proposed .Settlement and Release Agreement, a copy of which is attached
as Attachment "1" hereto and, by this reference, incorporated fully herein, is hereby approved.
2. That the Town Manager is authorized to execute the proposed Settlement and
Release Agreement on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the 1St day of October, 2007, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe
Pirzynski
NAYS: None
ABSENT:
ABSTAIN
SIGNED: yz~.._,,._~-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST•
CLE OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA