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1978-196-Authorizing Agreement With Frank A. Aries (Parcel C)RESOLUTION N0, 1978 -196 RESOLUTION AUTHORIZING AGREEMENT WITH FRANK A. ARIES (PARCEL C) RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into that agreement entitled "AGREEMENT FOR CONVEYANCE OF LAND" with FRANK A. ARIES, a copy of which is attached hereto, and that the Mayor is authorized and she is hereby directed to execute said agreement in the name and in behalf of the Town of Los Gatos. RESOLVED FURTHER that the Town Clerk is hereby directed to record said agreement with the County Recorder of Santa Clara County. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 4th day of December 1978, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, John B. Lochner and Mardi Gualtieri NOES: COUNCIL MEMBERS Thomas J. Ferrito and Peter W. Siemens ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS SIGNED: ATTEST:- - ASST CLERK OF THE TOWN OF LOS GjKTOS None (D SI IE I STAPLE -HERE o Z m > \ \ \ \\ �` \ \ \\ Go loo > (D 0 \ \ \�I o Z m > \ \ \ \\ Go loo RECORDING REQUESTED BY: The Town of Los Gatos WHEN RECORDED, MAIL TO: Town Clerk Town of Los Gatos P. O. Box 949 Los Gatos, CA 95030 AGREEMENT FOR CONVEYANCE OF LAND This Agreement is made with reference to the following £acts. Frank A. Aries (Aries) is the owner of land tentatively designated Tracts 6309 and 6532 in the Town of Los Gatos (Town). Aries is in the process of subdividing that land. That portion of Tract 6309 which is further described in Exhibit A of this agreement (Parcel C) is a parcel whose existence is necessitated by the terrain and the design of the streets and emergency access roads in the subdivision, however, Parcel C is neither large enough nor does it meet other requirements to be a lawful lot. It is necessary for the parties to make and perform this agreement as a means of preventing the sale or other conveyance of Parcel C to an owner who might seek to use it as a separate lot. The parties agree as follows. 1. Immediately upon recordation of the final map of Tract 6309 Aries will deposit in escrow a fully executed grant deed whose terms convey Parcel C to the Town. The deed will be in the form shown in Exhibit A. 2. The escrow will be a bank, trust company, or title insurance company selected by the Town. 3. With the deed, Aries will deliver his written instructions to the escrow. The instructions will provide that they are irrevocable unless the Town in a writing signed by the Town Engineer subsequently instructs otherwise. Page 1 of 3 4. The instructions will further provide that unless, before July 1, 1979, Parcel C is both conveyed in fee to the owner of the fee of the parcel of land which is contiguous to easterly boundary of Parcel C (the easterly land) and merged with the easterly land in proceedings conducted under the provisions of Government Code section 66499.20 1/2, the escrow will on or before July 7, 1979 request a certificate of acceptance from the Town Engineer and will, immediately upon receiving the certificate, record the deed and certificate. The instructions will also provide that if the merger and sale do occur before July 7, 1979, the escrow will cancel the deed and return it to Aries. 5. Aries agrees not to convey title to Parcel C to anyone but the then owner of the easterly land, or to the Town in the manner provided in the escrow instructions. If Aries elects to sell and convey Parcel C to the owner of the easterly land, he will first procure the signatures of all necessary persons on the section 66499.20 1/2 map and by means of an escrow take whatever measures are necessary to assure that his grantee will not be in a position to convey or encumber Parcel C before it has been merged with the easterly land. 6. In any escrow transaction contemplated by this agreement, Aries will instruct the escrow that all aspects of the transaction are to be disclosed to the Town, with copies of all papers to be sent promptly upon preparation or receipt by the escrow to the Town Engineer. 7. I£ Aries violates this agreement and does convey Parcel C to someone other than the owner of the easterly land, Aries agrees to pay all of the reasonable expenses of the Town in obtaining a final judgment permanently enjoining all owners of Parcel C from doing any construction or grading work on that parcel. Page 2 of 3 RECORDING REQUESTED BY: The Town of Los Gatos WHEN RECORDED, MAIL TO: Town Clerk Town of Los Gatos P. O. Box 949 Los Gatos, CA 95030 GRANT DEED For valuable consideration, receipt of which is acknowledged, FRANK A. ARIES grants to TOWN OF LOS GATOS, a general law city of the State of California, the parcel of property in the County of Santa Clara, State of California described as: Parcel C as shown on the Map of Tract 6309 recorded 197_ in Book pages through of Maps, in the office of the County Recorder of Santa Clara County. DATED FRANK A. ARIES STATE OF CALIFORNIA ) ) ss County of Santa Clara ) On , 197 before me, the undersigned Notary Public, personally appeared FRANK A. ARIES, known to me to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. Notary Public of the State of California - EXHIBIT "A" - 8. The Town agrees promptly to process the map for merger of Parcel C and the easterly property, and if the map is in proper form to allow it to delete the legend "Not a building site" which is shown on Parcel C on the Map of Tract 6309. 9. This agreement is binding on Aries' successors as owners of, or holders of security interests or incumbrances in, Parcel C. 10. This agreement is effective when it has been signed and acknowledged by Aries and the final map of Tract 6309 has been approved by the Town Council. 11. When Parcel C has been merged with the easterly land this agreement will be of no further effect, except only that it will remain in effect as to any obligation that may have arisen under part 7. DATED STATE OF CALIFORNIA FRANK A. ARIES -- // ss County of Santa Clara ) On , 197_ before me, the undersigned Notary Public, personally appeared FRANK A. ARIES, known to me to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. Notary Public of the State of California