HomeMy Public PortalAboutResolution - 03-45- 20031210 - Smits Easement RESOLUTION 0345
RESOLUTION OF THE BOARD OF DIRECTORS OF
M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE GRANT OF
EASEMENT, AUTHORIZING OFFICER OR GENERAL
MANAGER TO EXECUTE A CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF
SMITS)
The Board of Directors of Nfidpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Nfidpeninsula Regional Open Space District does hereby
accept the Grant Deed of Open Space and Conservation Easement between Gerard Dirk Smits
and Josine Maartje Eikelenboom Smits, Trustee of the Smits Living Trust, dated 10-19-98 and the
Nfidpeninsula Regional Open Space District and the Town of Los Gatos, a copy of which is
attached hereto and by reference made a part hereof, and authorizes the President or appropriate
officers to execute the deed on behalf of the District.
Section Two. The General Manager, President of the Board of Directors or other appropriate
officer is authorized to execute Certificates of Acceptance for the Grant Deed of Open Space and
Conservation Easement on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the grantor. The General Manager is further authorized to execute any and all
other documents necessary or appropriate to the closing of the transaction.
Section Five. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Grant Deed and documents which do not involve any material
change to any term of the Grant Deed or documents, which are necessary or appropriate to the
closing or implementation of this transaction.
i
RESOLUTION No. 03-45
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on December 10, 2003, at a Regular Meeting thereof, by the following vote:
AYES: N. HAA6 P. Sieme", K. Nitz, L. Haz.6ett, M. Davey, J. Cyn, D. Lithe
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Secr ary esident
B and of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
D' Jerk
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
GRANT DEED OF OPEN SPACE AND CONSERVATION EASEMENT
WHEREAS, GERARD DIRK SMITS and JOSINE MAARTJE EIKELENBOOM SMITS,
TRUSTEE OF THE SMITS LIVING TRUST, dated 10-19-98, hereinafter called "Grantor", is the
owner of certain real property located within the County of Santa Clara, State of California, and
consisting of a portion of a parcel known as Assessor's Parcel Number 537-24-028. The legal
description of the real property is attached hereto, marked "Exhibit A", incorporated by this reference
(hereafter "Real Property").
WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District,
hereinafter called "District", was formed by voter initiative to solicit, receive, and hold conveyances
of real property and interests therein by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic, and open space purposes; and
WHEREAS, Grantor desires to convey a certain easement (the "Open Space and Conservation
Easement") to the District and the Town of Los Gatos, a municipal corporation ("Town"), for the
purposes specified in California Civil Code Section 815.1 over the Real Property as shown on the Parcel
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Map Exhibit B (the "Easement Property"). In the event of any discrepancy between the legal description
and the Parcel Map, the legal description, Exhibit A, controls. District and Town are hereafter jointly
referred to as the "Grantee"; and
WHEREAS, Grantor desires to deed to Grantee an open space and conservation easement over
the entire Real Property consisting of approximately I 1-acres, more particularly described in the legal
description set out in Exhibit A, and in the map marked "Exhibit B" incorporated herein by this
reference, and is hereinafter referred to as the "Easement Property"; and
WHEREAS, Grantee desires to obtain an open space and conservation easement over the
Easement Property which would preserve and protect in perpetuity the natural, scenic and open space
values of the Property, subject to the restrictions contained herein.
NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of California and in particular,
inter alia, Sections 815 through 816 of the California Civil Code, Grantor hereby grants to Grantee an
Open Space and Conservation Easement (hereinafter "the Easement") in perpetuity over the Easement
Property as shown in Exhibit B, subject to the following terms and conditions.
1. Purpose. The purpose of this Easement is to assure that the Property will be retained in
perpetuity in its natural scenic and open space condition and to prevent any use of the Property that
will significantly impair or interfere with its open space values. Accordingly, this Easement restricts
the use of the Property to activities involving enjoyment of views, open space, natural habitat and
environmental protection, and related uses which are consistent with this Easement.
Page 2
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2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor conveys to Grantee
the following rights:
A. Open Space Easement
(i) To preserve and protect the open space values of the Easement Property.
(ii) To enter upon the Easement Property at reasonable times, four times per
year, in order to monitor Grantor's compliance with the terms of this Easement
and to enforce such terms; provided, that such entry shall be upon reasonable
prior notice to Grantor or its successors in interest of the Easement Property.
iii To enter upon the Easement Property at an time for reasonable cause in
( ) P P Y Y i
order to monitor potential violation of compliance with the terms of this
Easement and to enforce such terms.
(iv) Pursuant to paragraph 6 hereof("Disputes and Remedies"), to prevent
any activity on or use of the Easement Property which is inconsistent with the
purposes of this Easement and to require the restoration of such areas or
features of the Easement Property that may be damaged by any inconsistent
activity or use.
(v) To prepare baseline data. In order to establish the present condition of
the open space values, Grantee has examined the Easement Property and
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prepared a report (the "Baseline Documentation Report") containing an
inventory of the Easement Property's relevant features and conditions, its
improvements and its natural resources (the "Baseline Data"). A copy of the
Baseline Documentation Report has been provided to Grantor, and another shall
be placed and remain on file with Grantee. The Baseline Documentation Report
has been signed by the Grantor and Grantee, and thus acknowledged accurately
to represent the condition of the Easement Property at the date of the
conveyance of this Easement. The parties intend that the Baseline Data shall be
used b Grantee to monitor Grantor's future uses of the Easement Property,
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condition thereof, and practices thereon. The parties further agree that, in the
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event of a controversy arises with respect to the condition of the Easement
Property or a particular resource thereof, the parties shall not be foreclosed
from utilizing any other relevant document, survey, or report to assist in the
resolution of the controversy.
3. Prohibited Uses. Any activity on or use of the Easement Property which is inconsistent with
the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
(a) Subdivision. The legal or defacto subdivision of the Easement Property for any
purposes. (Lot line adjustments in excess of one hundred square feet are subject to the prior
written approval of Grantee.) Any land transferred by lot line adjustment shall remain subject
to the terms of this Easement, and shall not carry with it any rights to development density.
Page 4
The term subdivision shall include, but not be limited to, the creation of a life or future estate
in a portion of the Easement Property, the conveyance of a portion of the Property, or any
subdivision as defined by the Subdivision Map Act, California Government Code Section
66000 et seq.
(b) Transfer of Density Rights. Development Density Rights, Density Units or additional
parcels or lots within the Easement Property are not transferable into or out of, or in any way
usable within or outside of, the Easement Property.
(c) Commercial or Industrial Use. Any commercial or industrial development, use of, or
activity on the Easement Property, including commercial agriculture, is expressly prohibited.
(d) Building. The placement or construction of any buildings, structures or other
improvements of any kind on the Easement Property (including without limitation, fences,
roads, signs and parking lots) is prohibited.
(e) Soil Erosion or Degradation. Any use or activity which causes, or is likely to cause,
significant soil degradation or erosion or significant pollution of any surface or subsurface
waters is prohibited. This prohibition shall not apply to the use of agrochemicals, such as
fertilizers, pesticides, herbicides, and fungicides which are used in accordance with law and
USDA, manufacturer's, and the County Agricultural Commissioner's regulations, directions,
and policies, or those of their successors.
Page 5
(f) Tree Cutting. The cutting down, or other removal of live trees is prohibited, except
when required for safety or fire protection and subject to the prior written approval of the
District, which approval shall not be unreasonably withheld.
(g) Dumping. The dumping or other disposal of wastes, refuse, or debris on the Easement
Property is prohibited.
(h) New Utilities. The installation of new utility systems or extensions of existing utility
systems, including, without limitation, water, sewer, power, fuel, and communication lines
and related facilities is prohibited.
(i) Mineral Rights. The exploration for, or development and extraction of, minerals and
hydrocarbons by any mining method is prohibited.
Grazing. The grazing of livestock is prohibited.
(k) Off Road Vehicles. Use of off-road or all-terrain vehicles or motorcycles is prohibited.
(1) Hunting or Shooting. Hunting or trapping of wildlife, and the shooting of guns is
prohibited.
(m) Noise Limits. No activities such as concerts shall be permitted on the Easement
Property which produce noise levels in excess of 65 decibels as measured from Shannon Road.
Page 6
Agricultural and landscaping equipment such as tractors, chainsaws, and leaf blowers are
specifically excluded from this provision.
(n) Junk Yards. Storage or disassembly of inoperable automobiles and trucks for purposes
of sale or rental of space for that purpose is expressly prohibited.
(o) Excavation. Alteration of land forms by grading or excavation of topsoil, earth, or
rock is prohibited.
(p) Scenic and Natural Character. Activities such as clearing, stripping of native
vegetation (exce t oison oak), grading, or storage of materials that would clearly degrade the
scenic and natural character of the Easement Property is prohibited.
(q) Archeological Resources. The excavation, removal, destruction, or sale of any
archeological artifacts or remains found on the Easement Property, except as part of an
archeological investigation approved by Grantee, is prohibited. All excavation plans shall be
reviewed by an archeologist prior to the start of, and during, the excavation.
4. Mineral Rights. Grantor hereby grants to Grantee all of Grantor's right, title, and interest in
all mineral rights belonging to the Easement Property. Grantee covenants that it will not use such
mineral rights in any way that would adversely affect the ecological, conservation, or scenic uses of
the Easement Property.
Page 7
S. Conveyance of Density and Development Rights. Any present or future development rights or
density credits associated with the Easement Property are hereby conveyed by Grantor to Grantee and
shall not be applied to or utilized by Grantee for development on the Easement Property or any
adjacent lands of Grantor. No density credits shall be transferred by Grantor from the Easement
Property to any other property. Any and all other development rights associated with the Easement
Property are hereby conveyed by Grantor to Grantee.
6. Permitted Uses. The Grantor may use the Easement Property for any purpose not prohibited
by paragraph 3 and which is consistent with the purpose of this Easement. The following uses and
practices, though not an exhaustive recital of consistent uses, are consistent with the purpose and
intent of this Easement and are not precluded by it:
(a) To take reasonable measures necessary and appropriate for fire safety as approved by
the County of Santa Clara Fire Marshal; and to remove trees and brush for management and
safety purposes.
(b) To remove exotic non-native invasive vegetation and restore the area with native
vegetation.
(c) To remove poison oak.
(d) To plant native vegetation and install a protective tube or cage around such plants.
Any protective tube or cage shall be removed before the plant outgrows the tube or cage.
Page 8
7. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's successors in
interest, or any occupant of the Easement Property, is conducting or allowing a use, activity, or
condition on the Easement Property which is prohibited by the terms of this Easement, or that a
violation is threatened, Grantee shall give written notice to Grantor of such violation and request
corrective action sufficient to cure the violation, and, where the violation involves injury to the
Easement Property resulting from any use or activity inconsistent with the purposes of this Easement,
to restore the portion of the Easement Property so injured.
(a) Consultations Regarding Interpretation and Enforcement of Easement. When any
disagreement, conflict, need for interpretation, or need for enforcement arises between the
parties to this Easement, each party shall first consult with the other party in good faith about
the issue and attempt to resolve the issue without resorting to legal action.
(b) Notice of Violation; Corrective Action. If Grantee determines that a violation of the
terms of this Easement has occurred or is threatened, Grantee shall give written notice to
Grantor of such violation and request corrective action sufficient to cure the violation and,
where the violation involves injury to the Easement Property resulting from any use or activity
inconsistent with the purpose of this Easement, to request restoration of the portion of the
Easement Property so injured to its prior condition. Such written notice is not required in the
event of any actual or imminent physical harm to the Easement Property.
(c) Injunctive Relief. If Grantor fails to cure the violation within thirty (30) days after
Page 9
receipt of notice thereof from Grantee, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day period, fails to begin curing such violation within
the thirty (30) day period, or fails to continue diligently to cure such violation until finally
cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction
which seeks to enforce the terms of this Easement, to enjoin the violation, by temporary or
permanent injunction, and seeks to require the restoration of the Easement Property to the
condition that existed prior to any such injury.
(d) Damages. Grantee shall be entitled to recover damages for violation of the terms of
this Easement or injury to this Easement or the interests protected by this Easement, as
provided by Government Code Section 815.7.
(e) Forbearance. Enforcement of the terms of this Easement shall be at the discretion of
the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the
event of any breach of any term of this Easement by Grantor shall not be deemed or construed
to be a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Easement or of any of Grantee's rights under this Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
(f) Acts Beyond the Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in
the Easement Property resulting from causes not involving any affirmative acts by Grantor, or
Page 10
causes beyond Grantor's control, including without limitation, trespassers, fire, flood, storm,
and earth movement, or from any prudent action taken by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to the Easement Property resulting from such
causes.
(g) Attorneys' Fees. If any party hereto incurs any expense, including reasonable
attorneys' fees, in connection with any action or proceeding instituted by reason of any
violation, breach, default or alleged default of the other party hereunder, the party prevailing
in such action or proceeding shall be entitled to recover from the other party in such action or
proceeding reasonable expenses and attorneys' fees in the amount determined by the Court.
8. Access. No right of access by the general public or to any third parties to any portion of the
Easement Property is conveyed or granted by this Easement, except as defined in paragraph 2 hereof.
9. Indemnity and Legal Responsibility. Grantor shall have the sole responsibility for the
ownership, liability, operation, upkeep, and maintenance of the Easement Property. Grantor shall
be responsible for, indemnify, and save harmless Grantee, its officers, agents, and employees from
any and all liabilities, claims, demands, costs or damages, for injury to persons or property resulting
from, growing out of, or in any way connected with or incident to this Easement, except for the sole
and active negligence of Grantee, its officers, agents, or employees. The duty of Grantor to
indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778.
Grantor waives any and all rights to any type of express or implied indemnity or right of contribution
from Grantee, its officers, agents or employees, from any liability resulting from, growing out of, or
Page I l
in any way connected with or incident to this Easement.
10. Subsequent Conveyance of the Easement Property. Grantor shall incorporate by reference
hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself
of any interest in all or a portion of the Easement Property, including, without limitation, a leasehold
interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Easement
Property at least 30 days prior to the date of such transfer. Grantor shall provide a complete copy of
this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act
required by this paragraph shall not impair the validity of this Easement or limit its enforceability in
any way.
11. Notices. Any notice, demand, request, consent, approval, or communication that either party
desires or is required to give to the other shall be in writing and either served personally or sent by
first class mail, postage prepaid, addressed as follows:
To Grantor: GERARD DIRK SMITS and JOSINE MAARTJE EIKELENBOOM
SMITS, Trustees of the SMITS LIVING TRUST Dated 10-19-98
15280 Shannon Road
Los Gatos, CA 95032
Ph: (408) 356-3640
To Grantee: Midpeninsula Regional Open Space District
330 Distel Circle
Page 12
Los Altos, CA 94022
Attn: General Manager
(650) 691-1200
(650) 691-0485 (fax)
and
The Town of Los Gatos
Attn: Town Manager
110 East Main Street
Los Gatos, CA 95031
(408) 354-6874
or to such other address as either party from time to time shall designate by written notice to the
other. All notices shall be deemed received within five (5) days of the date of said notice.
12. Recordation. This instrument shall be recorded by Grantee in the Official Records of the
County of Santa Clara, California. Grantee may re-record this Easement whenever re-recording is
required to preserve Grantee's rights in this Easement.
13. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of California.
Page 13
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of Grantee to effect the
purpose of this Easement. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the provision
valid shall be favored over any interpretation that would render it invalid. This instrument
shall be construed in accordance with its fair meaning, and it shall not be construed against
either party on the basis that such party prepared this instrument.
(c) Severabili!y. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or circumstances other than those as
to which it is found to be invalid, as the case may be, shall not be affected thereby, so long as
the purposes of this Easement can still be carried out.
(d) No Third Party Rights. This instrument is made and entered into for the sole benefit
and protection of Grantor and Grantee and their respective heirs, grantees, successors, and
assigns. No person or entity other than the parties hereto and their respective heirs, grantees,
successors, and assigns shall have any right of action under this Easement or any right to
enforce the terms and provisions hereof.
(e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or
reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to
convey fee title to the Easement Property subject to this Easement, subject to the requirements
Page 14
of paragraph 10 herein.
(f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall
be binding upon, and inure to the benefit of, the parties hereto and their respective heirs,
grantees, successors, and assigns, and shall continue as a servitude running in perpetuity with
the Easement Property.
(g) Captions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
(h) Counterparts. Grantor may execute this instrument in two or more counterparts; each
counterpart shall be deemed an original instrument. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
(i) Consent not to be Unreasonably Withheld. In the event Grantor, as required by
the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances
not to unreasonably withhold its consent, regardless whether the paragraph hereunder
requiring grantee's consent so provides.
0) Subordination. If Grantor encumbers the Real Property or any portion thereof prior to
conveyance of this Easement to Grantee, Grantor shall deliver an executed consent of
lienholder in which any lienholder or mortgagor agrees to subordinate its rights in the Real
Page 15
Property or any portions thereof to prevent any modification or extinguishment of the
Easement by the exercise of any rights by any mortgage holder or lienholder. Grantor shall
also obtain any consent, release or reconveyance of deed of trust required from any mortgagor
or lienholder so that the Easement is conveyed to Grantee free and clear of any such liens and
encumbrances.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever
IN WITNESS WHEREOF, Grantor has set its hand on the day and year first written above.
Page 16
i
GRANTOR:
GERARD DIRK SMITS and JOSINE MAARTJE EIKELENBOOM SMITS, Trustees of the SMITS
LIVING TRUST Dated 10-19-98
Page 17
GRANTEE:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Approved as to Form:
B SCIV
Susan Schectman, General Counsel
Recommenged for Approval:
By: v j
L. Craig Britton, General Manager
Approved and Accepted:
By:
President, Board of Directors
Attest:
By:
District Clerk
Date:
THE TOWN OF LOS GATOS
Approved ast o Form:
�
Orry-P. Korb, Town Attorney
B
Mayor
Attest: , ; •.u. t �F�('ya��
Town Clerk
Page 18
r
CALIFORNIA ALL-PURPG . ACKNOWLEDGMENT
State of a I r n i r
County of L(Sla n 1 a Ci(k1r(A
On tQ n\f 2,00 7J before me, aaa nne_ , ay � n ry joL, IC
Date Name and Title of Officer(e.g.,"Jarie Doe,Notary Publ ")
personally appeared Gerard os►nt V\ I kt(e n0yc4r Sm
Name(s)of Signer(s) '
-PersQAa4-k improved 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/ehe/they executed the
same in h+s#tefr/their authorized capacity(ies), and that by
hts>her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
SUZANNE DAVIS
Cornmss on#1242539 z WITNESS my hand and official seal.
Notary Public-Cafifom a
z` r Santa C�Co,jntykCout
�✓' '-"" Signature of Notary Public
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: G- r-atL -N1 002f ( ICA' a0kl`V
Document Date: s) C'yerylbec,r 7, 12-0C{5 Number of Pages: �l
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Ge r Gwr d �t({�- `�i 1 1 t Signer's Name: J CS i n e- P1 F—1 Je,0 -,
❑ Individual ❑ Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ' General ❑ Partner—' Limited General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
,Vab Trustee _ J� Trustee
El Guardian or Conservator . ❑ Guardian or Conservator e
❑ Other: _ Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association•8236 Remmet Ave.PO.Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder Call Toll-Free 1-800-876-6827
All that real property situate in the County of Santa Clara, State of California, being described as
follows:
BEGrNNING at the Southwest corner of the Lands of Murphy as Described in that certain Deed
recorded December 30, 1993, In Book H299 of Official Records, Page 569, Santa Clara County
Records; thence along the Westerly line of said Lands of Murphy, North 00° 12' 20" East,
1261.26 Feet; thence North 66° 00' West, 44.61 feet; thence North QS° 28' East, 12.05 feet to the
southerly line of Shannon Road (60 feet wide) as shown on that certain Record of Survey,
Recorded July 13, 1978 in Book 422 of Maps at Pages 39 through 46, Santa Clara County
Records; thence along said southerly line, Easterly along a curve to the right, from a point with a
with radius of
�� wit
° 16
a central angle of 08 43 ,
radial bearing of North 15 40 16 East, throughg
470.00 Feet, an arc length of 71.54 feet, and South 65° 36' 28" East, 240.70 feet to a line parallel
with and 60.00 feet southwesterly of the northwesterly line of that certain 1.248 Acre Parcel
shown upon that certain Record of Survey recorded May 22, 1962 in Book 147 of Maps at Page
20, Santa Clara County Records, said northwesterly line being shown as "North 44° 03' 20" West
199.73 feet" on said Record of Survey; thence along said parallel linesouth 44°03' 20" East
235.81 feet; thence leaving said parallel tine, South 00° 12' 20" West, 1000 feet to the southerly
line of Said Lands of Murphy; thence along said southerly line North 89"43'50" West, 411.67 feet
= and containin 11.05 acres of land
more
r less.
beg
inning, a
of g
said Dint b,
to the s p g
TOGETHER WITH:
h for the pu
rposes of Ingress and Egress, the centerline of said
Feet in Wi
dth) �'
Ease
ment 20 Fe ) P rP
An (
easement being described as follows:
BEGINNING at the southwest corner of the Lands of Murphy as described in that certain Deed
Recorded December 30, 1993 ,In Book H299 of Official Records, Page 569, Santa Clara County
th
e sou
therly line of said lands of Murphy, South 89°43'50" East, 411.67
c rds� thence along Y
Re o
feet; thence along said parallel line North 000 12' 20" West, 915 feet, to the TRUE POINT OF
BEGINNI
NG of this description; said point being in the centerline of an existing dirt road; thence
p „
68 4b 2� East 28.17 feet,
along said centerline the following seven courses and distances: North ,
° °
0 West
i " 11 fee
t, North 42 381 ,
° � North 39 44 35 East, 105. ,
11 East 28.09 feet,
North 67 2b ,
o „
43.37 feet and
44 West, ,
130,06 feet; thence North 49 43 55 West, 70.23 feet, North 48 3 ,
° southerly line of Shannon Road (60 Feet Wide) as shown
o the so
5.51 feet t y
North 24 33 23 West, 5
1
on that certain Record of Survey, recorded July.13, 1978 in Book 422 of Maps at Pages 39
- Through 46; said point-being the tefiilinus of said easel ei t. -i_V
1BIt
III
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