1993-067-Issue A Revocable Encroachment Permit For An Existing Retaining Wall In The Public Right-Of-Way At 15700 Kennedy RoadRESOLUTION 1993 -67
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ISSUE
A REVOCABLE ENCROACHMENT PERMIT
FOR AN EXISTING RETAINING WALL IN THE
PUBLIC RIGHT -OF -WAY AT 15700 KENNEDY ROAD
WHEREAS, the property owners at 15700 Kennedy Road have agreed to accept all
liability for their retaining wall constructed in the public right -of -way.
WHEREAS, the Town and the property owners have agreed on the scope and
maintenance of the work to be done both in the public right -of -way and on private property
at 15700 Kennedy Road and the designated area of encroachment.
RESOLVED: by the Town Council of the Town of Los Gatos that the Town
Manager is hereby authorized to execute the Revocable Encroachment Permit for Frank
and Marilyn Dorsa at 15700 Kennedy Road, a copy of which is attached hereto, as
Attachment 2, on be half of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 17th day of May, 1993 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
r
SIGNED: `>—�,7 r?L vN y -L -�
MAYOR OF TH , TOWOF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
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a
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, California 95031
REVOCABLE ENCROACHMENT PERMIT
15700 KENNEDY ROAD
FRANK J. DORSA and MARILYN DORSA ( "PERMTTTEE "), has requested
permission from the TOWN OF LOS GATOS ("TOWN "), to allow exclusive use of a
portion of the public right -of -way adjacent to 15700 Kennedy Road. The exclusive use
area is located in Los Gatos, California and described on the attached Exhibit "A ", and
shown on the attached Exhibit 'B ".
The Town hereby grants permission for exclusive use of the described portion of the
Kennedy Road right -of -way, subject to the following conditions to which the signer of this
document agree:
1. This permit is issued to and for the benefit of 15700 Kennedy Road, A.P.N.'S 537-
14 -006 and 537 -14 -007, and as described on attached Exhibit "C ", runs with the land,
and its obligations are binding on the PERMITTEE and successors in interest.
2. The permit is for exclusive and private use of the area located in Los Gatos,
California and described in Exhibit "A ", and shown on Exhibit "B ", for an existing
retaining wall.
3. The Town permits Frank J. Dorsa and Marilyn Dorsa to leave in place the existing
retaining wall and to control access to the licensed area to the satisfaction of the
Town.
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4. This permit shall not limit the rights of public utilities.
5. This permit is revocable at the TOWN'S sole discretion, on thirty (30) day notice.
The Town shall give written notice mailed to the property address and to the owner's
address as listed on the most recent secured tax roll, if different than property
address. The revocation shall be recorded with the County Recorder.
6. Upon revocation, PERMITTEE shall remove the encroachments, within thirty (30)
days of mailing of notice, at their expense. If PERMITTEE refuses or unreasonably
delays the removal work, the Town will perform the work and PERMITTEE shall
pay the costs, which shall be recorded as a lien upon the property.
7. The PERMITTEE agrees to maintain the encroachment in a clean, litter -free
condition to the satisfaction of the Town.
8. The PERMITTEE is responsible for repair of any damage caused by occupancy.
Repair shall be completed within thirty (30) days of mailing of written notice by the
TOWN.
9. The PERMITTEE agrees to indemnify, defend, and hold harmless the TOWN from
any claim of liability, resulting in any way form use, occupancy, or activities on any
portion of the TOWN land.
10. In the event of litigation to enforce the terms of this agreement, the prevailing party
shall recover, its costs and reasonable attorney's fees and expenses.
This permit is not effective until signed by the Town Manager of the Town of Los Gatos
and recorded in the Office of the Santa Clara County Recorder.
TOWN OF LOS ATOS
TOWN MANAGER
RECOMMENDED FOR APPROVAL
MANN1NU DIRECTOR
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DATE:
DATE:
State of California )
ss
County of Santa Clara)
On before me, MARIAN V. COSGROVE, TOWN CLERK,
TOWN OF LOS GATOS, personally appeared DAVID W. KNAPP and LEE E.
BOWMAN, personally known to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
MARIAN V. COSGROVE
Town Clerk
Town of Los Gatos
ALL SIGNATURES SHALL BE IN BLACK INK
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3
ACCEPTANCE OF REVOCABLE ENCROACHMENT PERMIT
PERMITTEES do hereby accept the above Revocable Encroachment Permit for 15700
Kennedy Road, subject to and in agreement with conditions listed above.
FRANK J. DORSA
MARILYN DORSA
State of California )
ss
County of
On before me,
personally appeared
DATE:
IM
personally known to me (or 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.
WITNESS my hand and official seal.
All signatures shall be in BLACK ink.
Notary acknowledgement and certificate required.
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EXHIBIT "A"
DESCRIPTION OF THE PORTION OF THE PUBLIC RIGHT -OF -WAY
SUBJECT TO THIS PERMIT
15700 KENNEDY ROAD
All that real property situated in the Town of Los Gatos, County of Santa Clara, State of
California, described as follows:
BEGINNING at point of intersection of the centerline of Kennedy
Road with the 1/16 Section line between the southeast quarter of the
southwest quarter of Section 23 and the northeast quarter of the southwest
quarter of Section 23, Township 8 South, Range 1 West, Mount Diablo Base
and Meridian; thence along the centerline of Kennedy Road (40.00 feet wide),
S 27° 09' 00" E, 100 feet, more or less; thence perpendicular to the centerline
of Kennedy Road N 62° 51' 00" E, 12.00 feet to the True Point of Beginning;
thence continuing on said perpendicular line N 62° 51' 00" E, 8.00 feet to the
easterly right -of -way line of Kennedy Road; thence parallel with the centerline
of Kennedy Road S 27° 09' 00" E, 20.00 feet to a point; thence perpendicular
to the centerline of Kennedy Road S 62° 51' 00" W, 8.00 feet to a point;
thence parallel with the centerline of Kennedy Road N 27° 09' 00" W, 20.00
feet to the True Point of Beginning.
Containing: 160.00 square feet
Property Address: 15700 Kennedy Road
A.P.N.: 537 -14 -006 and 537 -14 -007
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__—Mww -- Z
Not to Scale
N.E. 1/16 Corner
of the S.E. 1/4
of the S.W. 1/4
of Section 23,
M.D.B. & M.
Permit Area
True P.O.E. d
o '
o/
/, 4/ /
5Z, /
P.O.B. ti /
/5� /
..
,k+
a i i
i
i
N.W. 1/16 Corner
of the S.E. 1/4
of the S.W. 1/4
of Section 23,
M.D.B. & M.
/ Dorsa Driveway
LEGEND
Right —of —Way
Centerline
Edge of Pavement
Retaining Wall
Area Subject to
Revocable
Permit
Encroachment /M111/////1
1/16 Section Line
Plat to Accompany Description for
Revocable Encroachment Permit at
15700 Kennedy Road
Details 0ZADarsd Rev.: 5/11/93 (r. D.)
A
%nnedy_Roasl
/
/
1.
N
62'
51'
00"
E,
12.00
ft.
/
/
2.
N
62'
S1'
00"
E,
8.00
ft.
.3
S
27
09'
00"
E,
20.00
ft.
4.
S
62'
51'
00"
W,
8.00
ft.
5.
N
27'
27'
00"
W,
20.00
ft.
LEGEND
Right —of —Way
Centerline
Edge of Pavement
Retaining Wall
Area Subject to
Revocable
Permit
Encroachment /M111/////1
1/16 Section Line
Plat to Accompany Description for
Revocable Encroachment Permit at
15700 Kennedy Road
Details 0ZADarsd Rev.: 5/11/93 (r. D.)
A
EXHIBIT "C"
DESCRIPTION OF THE PROPERTY TO BENEFIT FROM THIS PERMIT
15700 KENNEDY ROAD
All that real property situated in the Town of Los Gatos, County of Santa Clara, State of
California, described as follows:
THOSE CERTAIN tracts of land conveyed by the Executor of the
ESTATE OF META C. HELLWIG to FRANK J. DORSA and MARILYN
DORSA, husband and wife, as Community Property, by Executor Deeds filed
for record on June 24, 1988 in Book K580 of Official Records, at page 438
and Book K580 of Official Records, at page 440, Santa Clara County Records.
Property Address: 15700 Kennedy Road
A.P.N.: 537 -14 -002 and 537 -14 -003
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