9we F MEETING DATE: 12/17/12
ITEM NO:
J WI
!ps �ASpS COUNCIL AGENDA REPORT
DATE: DECEMBER 6, 2012
TO: MAYOR AND TOWN COUNCIL X"
FROM: GREG LARSON, TOWN MANAGER / G7�
SUBJECT: TRACT NO._ 10012 THE PRESERVE AT ROSS CREEK (15881 LINDA
AVENUE
ADOPT RESOLUTION TO DEDICATE EASEMENT FOR FLOOD
PROTECTION AND STORM WATER PURPOSES TO THE SANTA CLARA
VALLEY WATER DISTRICT OVER PORTION OF ROSS CREEK
DESCRIBED AS LOT B OF TRACT NO. 10012 THE PRESERVE AT ROSS
CREEK (15881 LINDA_ AVENUE), AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE GRANT DEED.
RECOMMENDATION:
Adopt resolution to dedicate easement for flood protection and storm water purposes to the Santa
Clara Valley Water District over portion of Ross Creek described as Lot B of Tract No. 10012
the Preserve at Ross Creek (15 981 Linda Avenue), and authorizing the Town Manager to
execute grant deed.
BACKGROUND:
The Town Council adopted Ordinance 2193 on September 20, 2010, approving planned
development application PD- 08 -04. Ordinance 2193 approved demolition of a single - family
Tesizienee and a-non-permitted dwe li „nit anal rnnstr ., nn .nL7 new single- family residences.
The Development Review Committee approved the Tentative Map (M -10 -008) on October 19,
2010. The Final Map for Tract No. 10012 was approved by Town Council on June 20, 2011,
Resolution 2011 -043.
DISCUSSION:
Condition of approval No. 70.f of Ordinance 2193 required the developer to dedicate the
Riparian Parcel identified on the Tentative Map in fee to the Town of Los Gatos. The same
condition also required the developer to dedicate a flood control and maintenance easement over
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: EbLAssistant Town Manager U Town Attorney Finance
N:IPPWVVIANAGEMENT\COUNCIL \COUNCIL REPORTS\2012 Reports \121712 \Trect -10012 Easement Grmt.docx
PAGE
DECEMBER 6, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO.10012 "
DISCUSSION (cont'd):
the Riparian Parcel to the Santa Clara Valley Water District. The Final Map for Tract 10012,
recorded July 6, 2011 in Book 845 of Maps at pages 52 - 54, dedicated Lot B (Riparian Parcel)
in fee to the Town of Los Gatos. The Town of Los Gatos, as owner of the Riparian Parcel, must
now grant the flood control and maintenance easement to the Santa Clara Valley Water District
to comply with PD Ordinance 2193.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act (CEQA) but
is ministerial; therefore no further action is required under CEQA.
FISCAL IMPACT:
There is no direct known fiscal impact associated with granting the flood control and
maintenance easement to the Santa Clara Valley Water District.
Attachments:
1. Resolution Granting Flood Control and Maintenance Easement
2. Grant Deed Flood Control and Maintenance Easement
Distribution
Mission Way Partners, LLC, 214 Almendra Ave, Los Gatos, CA 95030
Colleen Haggerty, SCVWD, 5750 Almaden Expressway, San Jose, CA 95118 -3614
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO DEDICATE EASEMENT FOR
FLOOD PROTECTION AND STORM WATER PURPOSES TO
THE SANTA CLARA VALLEY WATER DISTRICT
OVER PORTION OF ROSS CREEK DESCRIBED AS
LOT B OF TRACT NO. 10012 THE PRESERVE AT ROSS CREEK
(15881 LINDA AVENUE), AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
GRANT DEED
WHEREAS, on September 20, 2010, the Council of the Town of Los Gatos adopted Ordinance
2193 and approved Planned Development application PD- 08 -04, with conditions; and
WHEREAS, those conditions require the Subdivider to dedicate fee title to the Riparian Parcel to
the Town of Los Gatos, and a Flood Control and Maintenance easement to the Santa Clara Valley Water
District; and
WHEREAS, the Subdivider dedicated the Riparian Parcel to the Town of Los Gatos on Tract Map
No. 10012, recorded in the Santa Clara County Recorder's Office in book 845 of maps, pages 52 - 54 on
July 6, 2011; and
WHEREAS, the Town of Los Gatos owns the Riparian Parcel and wishes to grant an easement
for flood protection and storm water drainage purposes to the Santa Clara Valley Water District in
compliance with Ordinance 2193.
NOW, THEREFORE, IT IS RESOLVED that the Town Manager is hereby authorized to
execute the Grant Deed to dedicate an easement for flood control and storm water drainage purposes to the
Santa Clara Valley Water District.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the -'h day of
2012 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS PAGE
INTENTIONALLY
LEFT BLANK
RECORD WITHOUT FEE UNDER SECTION 6103
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
AFTER RECORDING RETURN TO:
REAL ESTATE SERVICES UNIT
SANTA CLARA VALLEY WATER DISTRICT
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
-SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENT NO.: 3023 -103
Town of Los Gatos, a Municipal Corporation, hereinafter "Grantor," does hereby grant, convey
and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a Special District, created by
the California Legislature (District), an easement for flood protection and /or storm water
drainage purposes in, upon, over, and across that certain real property in the Town of Los
Gatos, County of Santa Clara, State of California, described as:
EXHIBIT -A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Said easement area shall be kept clear of any type of building, fences, structure, pavement, or
trees unless prior written approval is obtained from the District as evidenced by a District permit.
The easement includes the right to construct, reconstruct, inspect, maintain, and repair a
channel, protection works, and appurtenant structures, together with the right to trim or remove
such trees or brush within the easement area as may constitute a hazard to persons or property
or may interfere with the use of said area for the purpose granted. It also includes the right to
enter upon said land with vehicles, tools, implements, and other materials, take there from and
ATTACffiVIENT 2
DOCUMENT NO.: 3023 -103
use earth, rock, sand, and gravel for construction, maintenance, and repair of said channel,
protection works, and appurtenant structures by said ' District, its officers, agents, and
employees, and by persons under contract with it and their employees.whenever and wherever,
within the easement, necessary for flood conirol or storm drainage purposes.
District will not be responsible for the private storm drain system and outfall serving the
Preserve at Ross Creek development, or for property maintenance, including litter - removal and
vegetation management.
Grantor shall hold District harmless from claim or liability by reason of injury (including death) to
persons or damage, to property, other than. any damages-proximately caused by District, arising
out of the use of premises described above.
(As used above, the term "grantor" shall include the plural as well as the singular number. The
words "himself and "his" shall include the feminine gender as the case may be.)
IN WITNESS WHEROF, Grantor has executed this Grant of Easement on this _day of
2012.
GRANTOR:
TOWN OF LOS GATOS,
a municipal corporation
By:
Name/Title: Greg Larson/Town Manager -
ATTEST
Name/Title: Njazarin Vakharia /Clerk Administrator
APPROVED AS TO FORM
By:
Name/Title:.Judith Propp/Town- Attorney
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Page 2 of 4
DOCUMENT NO.: 3023 -103
ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA I SS
COUNTY OF SANTA CLARA
On this _ day
in the year 20_, before me ,
Notary Public, personally appeared
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that he /she /they 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said County and State
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying
on the document.
❑ Individual
❑ Corporate Officer(s):
❑ Partner(s) ❑ Limited ❑ General
❑ Attorney -In -Fact
Signer is Representing (Name of Person(s) or Entity(ies)
❑ Trustee (s)
❑ Guardian /Conservator
❑ Other:
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Page 3 of 4
DOCUMENT NO.: 3023 -103
CERTIFICATE OF CONSENT AND ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached Deed or Grant to
Santa Clara Valley Water District is hereby accepted by the undersigned duly authorized agent
on behalf of the Board of Directors of said Santa Clara Valley Water District, pursuant to
authority conferred by Resolution No. 68 -25 of said Board of Directors adopted on the 26th day
of March 1968, recorded March 27, 1968, in Book 8069 Page 535, Official Records of Santa
Clara County, California, and the Grantee consents to recordation thereof by its said duly
authorized agent.
Dated: 20_
Santa Clara Valley Water District
By: .
Chief Executive Officer /Clerk of the-Board of Directors
(Strike out inapplicable one)
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Page 4 of 4
EXHIBIT A
LEGAL DESCRIPTION
Santa Clara Valley Water District Easement Dedication over Ross Creek
All that land situated in Town-of Los Gatos, County of Santa Clara, State of California
more particularly described as follows:
Beginning at the Northwest coiner of the property as shown on the subdivision map of
Tract 10012, recorded in Book 845 of Maps at Pages 52 -54, Santa Clara County Records;
Thence along the Northerly boundary of said Tract North 60 Degrees 18 Minutes 00
Seconds East a length of 161.11 feet; thence North 43 Degrees 43 Minutes 00 Seconds
East a length of 187.23 feet; thence North 63 Degrees 15 Minutes 00 Seconds East a
length of 108.48 feet to the Northeasterly corner of said Tract; thence along the Easterly
line of said Tract South 12 Degrees 30 Minutes 00 seconds East a length of 18.02 feet to
the top of bank of Ross Creek; thence leaving said line and along the top of bank South
75 Degrees 00 Minutes 21 Seconds West a length of 26.65 feet; thence South 48 Degrees
45 Minutes 55 Seconds West a length of.43.29 feet; thence South 67 Degrees 27 Minutes
3Q Seconds West a length. of 28.35 feet; thence South 36 Degrees 30.Minutes 43 Seconds
West a length of 19.69 feet; thence South 57 Degrees 54 Minutes 34 Seconds West a
length of 6.69 feet;. thence 107.18 feet along a tangent curve to the Ieft, said curve having
a radius of 250.00 feet and delta 24 Degrees 33 Minutes 49 Seconds; thence South 33
Degrees 20 Minutes 45 Seconds West a length of 21.89 feet; thence 98.11 feet along a
tangent curve to the right, said curve having a radius of 150.00 feet and delta 37 Degrees
28 Minutes 25 Seconds; thence South 70 Degrees 49 Minutes 10 Seconds West a length
of 71.51 feet; thence North 83 Degrees 13 minutes 32 Seconds West a length of 25.39
feet; thence South 39 Degrees 42 Minutes 23 Seconds West a Iength of 18.14 feet to the
Westerly line of said Tract; thence North 12 Degrees 49 Minutes 00 Seconds West a
length of 6.95 feet to the point of beginning.
Containing 9,640 sq. ft. (0.221 acres) more or less
d
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