2003-091- Approving Certificate Of Acceptance For The Quit Claim Deed Of The Pedestrian Bridge Over Ross Creek At Camino Del Cerro From San Jose And Authorizing The Town Manager To Execute Certificate Of Acceptance For Recording By Town ClerkRESOLUTION 2003 - 91
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING CERTIFICATE OF ACCEPTANCE FOR THE QUIT CLAIM DEED OF
THE PEDESTRIAN BRIDGE OVER ROSS CREEK AT CAMINO DEL CERRO FROM
SAN JOSE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE
FOR RECORDING BY TOWN CLERK
WHEREAS:
In 1981 the Santa Clara Valley Water District (Water District) transferred title to
the City of San Jose (City) to twenty parcels of land at bridge locations over Ross
Creek while retaining easements for the creek itself; and
2. One of these parcels, located in the Town of Los Gatos (Town) and further
described in Exhibit A, (hereinafter the Property), contained a pedestrian bridge,
constructed in the 1970's by the Town with permission of the Water District; and
3. In 1981, the Water District inadvertently transferred the underlying fee of said
property to the City instead of the Town; and
4. In February of 2002, the Town approached the Water District for a permit to make
some ADA modifications to the existing Camino del Cerro pedestrian bridge; and
5. In reviewing the Town's request that the Water District became aware that they
had inadvertently transferred ownership of their property to the City as opposed to
the Town; and
6. The public interest will be served by transferring this property to the Town, as the
property is not located in San Jose, but rather in the Town, and the City will
transfer the maintenance responsibilities and liability over the property from the
City to the Town (wherein the property lies).
RESOLVED:
A. The Council finds that the public interest served in accepting the quitclaim of the
property from the City of San Jose to the Town of Los Gatos.
B. The Town Manager is authorized and directed to execute the Certificate of
Acceptance attached as Exhibit A hereto.
C. The Town Clerk is directed to transmit this Certificate of Acceptance to the
Recorder of Santa Clara County for recording.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4` day of August, 2003 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YOR,OF THE TOWN OF LOS GATOS
>
GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
'e-
te-'. 03,0
CITY FILE #:
COUNCIL DATE:
COUNCIL ITEM
RESOLUTION #:
When Recorded mail to:
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
SPACE ABOVE THIS LINE FOR RECORDER
MAIL TAX STATEMENTS TO: Documentary transfer tax Is $__.
Computed on full value of property conveyed
City Transfer tax Is $
Town of Las Gatos
110 S. Main Street
Los Gatos, CA 95030
APN:
Signature of declarant
QUITCLAIM D E E D
The CITY OF SAN JOSE, a municipal corporation of the State of
California, does hereby QUITCLAIM and release to the Town of Los
Gatos,a political subdivision of the State of California, all
that Certain real property situate in the Town of Los Gatos,
County of Santa Clara, State of California, described as follows:
SEE EXHIBITS "All and "B" ATTACHED HERETO AND MADE A PART HEREOF
CITY OF SAN JOSE, a municipal
corporation
PATRICIA L. O"HEARN
City Clerk
4A
Date: YA 1 -;?
E)641 - 817 - i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of S 1714 � �1d, Yn/
On W - w. 100 3 , before me, (2 Q � S u e� Na Ua 2 Ao; Aa , M ketl ,
of Date S� Name and Title of Officer (e.g. ,Wane ane Doe, Notary Pu61idl
personally appeared Po �'7 t- a t/
� � Lku
[personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(} whose name(€*) Were -
subscribed to the within instrument and
acknowledged to me that helshelithey executed
the same in bjs1herA4+ei, authorized
capacity(.,ie#, and that by his/herd
signature(sTon the instrument the person(s), or
the entity upon behalf of which the persons'
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Nota blic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
of Pages:
• Individual Top of thumb here
• Corporate Officer ; Title(s)'
171 Partner — ❑ Limited eneral
❑ Attorney in Fact
❑ Trustee
❑ Guardia r Conservator
❑ Othe
gner Is Representing:
®1997 National Notary Association + 9350 De Soto Ave., P.O. Sox 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder. Call Toll -Free 1- 600.876 -6827
EXHIBIT A
Being a portion of the lands described in the deed recorded in Book
5187 of.Official Records at page 27 in the office of the Recorder,
County of Santa Clara, State of California to wit:
A strip of land 10.00 feet wide adjoining and measured at right
angles to the following described westerly line of said strip.
Beginning at the northwesterly corner of said lands, said corner also
being in the center line of Camino Del Cerro (60.00 feet wide);
thence along the general northerly line of said lands N 77
18.50 feet to the true point of beginning; thence leaving said line
at right angles S 12 60.00 feet to the general southerly line
of said lands.
Containing 600 square feet or 0.014 acre of land, more or less.
A-1
EXHIBIT B
srobar Alle.
1905S
O
CRLr
Area = 600 s9 fl or
0. 014 Ac. ±
1911 M creek
IV77
0
CERTIFICATE ACCEPTING
QUITCLAIM DEED FROM
City of San Jose
Pedestrian Bridge over Ross Creek at Camino Del Cerro
This is to certify that the interest in real property conveyed by that QUITCLAIM DEED
from City of San Jose, dated May 6, 2003, to the Town of Los Gatos, a California Municipal
Corporation, is hereby accepted by the undersigned officer on behalf of the Town Council of the
Town of Los Gatos, pursuant to authority conferred by Section 2.30.025 (d) of the Town Code of
the Town of Los Gatos, adopted by the Town Council on February 20, 1973; and the grantee
consents to recordation thereof by its duly authorized officer.
Debra J. Figone
Town Manager, Town of Los Gatos
APPROVED AS TO FORM:
Orry P. Korb
Town Attorney
DMAN:\SHAREE\Adopted Reso- Ords \ppw.8403. #13.wpd
Rev.: 10/1/99
DATE:
DATE:
0
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT
State of California
County of Santa Clara
On before me, MARLYN J. RASMUSSEN,
Senior Deputy Town Clerk, personally appeared DEBRA J. FIGONE, Town Manager,
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the within instrument the entity upon behalf of
which the person acted, The Town of Los Gatos, executed the instrument.
WITNESS my hand and official seal.
(Town Clerk of Los Gatos, California)
CAPACITY CLAIMED BY SIGNER:
Municipal Officer of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Quitclaim Deed
Pedestrian Bridge over Ross Creek at Camino del Cerro
Number of Pages:
Date of Document:
Signers Other than Named Above: Orry P. Korb
DV49:\N:\SHARBAdopted Reso- Ords \ppw.8403. #13.wpd
Rev.: 10/1/99