Loading...
1994-106 - Agreement with San Jose Water Amending Revocable License for Pumping Station at Central Ave & Jackson StRESOLUTION 1994 -106 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN JOSE WATER COMPANY AMENDING THE REVOCABLE LICENSE FOR THE PUMPING STATION AT CENTRAL AVENUE AND JACKSON STREET WHEREAS, Licensee has been in continuous possession of the property described in the REVOCABLE LICENSE entered into the 25th day of June 1951, a copy of which is hereby attached and incorporated herein and marked Exhibit A, by and between Licensor and Licensee; and WHEREAS, Licensee desires to upgrade and expand its present facilities located on the property of Licensor; WHEREAS, Licensee therefore has need of additional property for said upgrade and expansion; and, BE IT RESOLVED, Licensor does hereby grant to Licensee a license for the use of Licensee that certain property belonging to Licensor situated in the Town of Los Gatos, County of Santa Clara, State of California, as delineated on the drawing marked Exhibit B, attached hereto and incorporated herein, and more particularly described as follows: Beginning at the point of intersection of the centerlines of Central Avenue and Jackson Street; thence along the centerline of Central Avenue, South 310 15' West, 151.66 feet to the True Point of Beginning; thence continuing along said centerline South 31° 15' West, 41 feet; thence South 58° 45' East, 73.89 feet to a point on the centerline of Jackson Street; thence along said centerline North 1° 55' West, 48.98 feet; thence North 58° 45' West 47.09 feet to a point on the centerline of Central Avenue, said point being the True Point of Beginning and terminus of this description. BE IT FURTHER RESOLVED, In consideration of the benefit to the licensee, from the use of Town right -of -way, the licensee does agree to maintain the remainder of the unimproved area free and clear of weeds and debris to the standards enforced by the Central Fire District. All other terms and conditions shall remain in effect. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of July, 1994 by the following vote. COUNCIL MEMBERS: AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin NAYS: None ABSENT: Joanne Benjamin, Mayor Randy Attaway ABSTAIN: None SIGNED: VICE MAYOR OF THE OWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA EXHIBIT "A" REVOCABLE LICENSE THIS INDENTURE, made this Q q 't(A.day of June, A.D., 1951, by and between THE TOWN OF LOS GATOS, a Municipal Corporation, here- inafter called "Licensor ", and SAN JOSE WATER WORKS, a California Public Utility Corporation, hereinafter called "Licensee ": W I T N E S S E T H Licensor hereby grants to Licensee a license, upon the terms and conditions hereinafter set forth, for use as a pumping station and as storage, in connection with the water distribution system of Licensee, that certain property belonging to Licensor outlined on the attached plat, and situate in The Town of Los Gatos, County of Santa Clara, State of California, and more particularly des- cribed as follows: Beginning at a point in the Southeasterly line of Cen- tral Avenue at the Northwesterly corner of Lot 24 as shown on map of Oak Hill Subdivision recorded in Book "D" of Maps, pa §e 35, Santa Clara County Records; thence North 31 15' East along the Northeasterly pro- longation of the Southeasterly line of said Central Avenue 20.00 feet; thence South 58' 28' East 11.89 feet to the Northerly prolongation of the Westerly line of Jackson Street; thence South 1' 55' East along said prolongation of the Westerly line of Jackson Street 23.97 feet to the Northeasterly corner of said Lot 24; thence along the Northerly line of said Lot 24 North 58° 28' West 25.00 feet to the point of beginning. Licensee agrees to maintain, on the above described premises, all improvements and pumps in such condition that there will be no damage therefrom to surrounding property; and that in the event that any damage is caused to surrounding property by the use by Li- censee of said premises, to save and hold harmless Licensor from any and all claims that may be made upon it in connection with such damage. The location of improvements on said property is shown upon said plat. -1 - This license nay be revoked by Licensor by giving to Licensee written notice of its intention to revoke this license, which notice shall be received by Licensee at least 30 days prior to date of such revocation. Licensee agrees to keep the premises in a neat and clean condition. Licensor agrees to cooperate with Licensee in connection with obtaining of any City use or building permits that may be re- quired in connection with the operation of said property by Licen- see for the purposes hereinabove set forth. IN WITNESS WHEREOF, the parties hereto, by their respective officers or officials thereunto first duly authorized, have exe- cuted the foregoing license in duplicate as of the day and year first above written. THE TOWN OF LOS OATOS By , / V• �/� Its Byl;4,r � • C �k Its C'''`hi LICENSOR SAN JOSE WATER WORKS By �CCT z By Its LICENSEE -2- Mere 7 5, f e, � 2 0 j-141i e 195f LL-1 il-3 r 0 y 02 {� Z 5 I 26' 0� 5 $B�AS'E 9c �� m Sj b G G i u c1 z — a D W a 4 r n a z o C. o w m m a a � z o n Z Ip M . v EXHIBIT B m =r of �n 'D m� O z a �o m a O m C m