1978-013-Authorizing Sewer Extension AgreementRESOLUTION NO. 1978-13
RESOLUTION AUTHORIZING SEWER EXTENSION AGREEMENT
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, "Sewer Extension Agreement," a copy of
which is attached hereto, with GARY C. and PAMELA G. ALLISON, and that
the Mayor is authorized and he is hereby directed to execute said
agreement in the name and in behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 6th day of February , 1978,
by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Mark B. DiDuca, Mardi
Gualtieri, John B. Lochner and Albert B. Smith
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
None
None
YOR OF THEZ TO 0 LOS GATOS
ATTEST:
CLERK OF T 1 TOW)i 'bF LO ATOS
r r
SEWER EXTENSION AGREEMENT
THIS AGREEMENT, made by TOWN OF LOS GATOS (hereinafter referred to
as "TOWN ") and Gary C. Allison and Pamela G. Allison
referred to as "OP,INERS");
WHEREAS;
(hereinafter
(a) The land referred to in this F,,-E-iement is described in the
attached Exhibit "A" and for brevity is referred to as "LAND."
(b) OWNERS are the owners of LAND and have installed a septic tank
system in order to provide temporary sanitary sewer service for LAND.
(c) It is probable that, at some future date, sewer mains and
related facilities will be installed in an easement or public right -of -way,
adjacent to LAND, by special assessment proceedings or other means.
(d) OWNERS, as a condition of approval of Site & Architecture
Application No. S- 77 -47, and in order to permit development consistent
with public health, safety and welfare, are required to connect to said
sewer main when installed.
THEREFORE, the parties agree as follows:
1. Permission to Utilize Septic Tank System: TOWN hereby grants
OWNERS permission to utilize said septic tank system to provide temporary
sanitary service to LAND.
2. Future Payment of Share of Sewer System Extension Costs: OWNERS
shall participate in the cost of construction of a permanent sewer system
to serve LAND in one of the following manners:
A.In the event TOWN shall, within 20 years of the date of this
Agreement, institute special assessment proceedings for installation of
said sewer system, OWNERS shall consent thereto, shall not protest said
proceedings, and shall pay their share of the cost thereof assessed to
their property.
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B. In the event said sewer system is installed within twenty
(20) years of the date of this Agreement without special assessment pro-
ceedings, after installation and acceptance by TOWN, and within ninety
(90) days of receiving a statement therefor from the TOWN, the OWNERS
shall pay their share of the cost thereof. The OWNERS' share shall bear
the same proportional ratio of the entire cost of extending the sewer
facilities as the number of building sites on OWNERS' property bears to
the total number of building sites served by the extension.
C. The OWNERS shall abandon the septic tank system at their
own cost and connect to the permanent sewer main within ninety (90) days
after notice from TOWN that permanent facilities are available.
3. This Agreement shall not prevent challenge of the assessment
formula by the OWNERS or their successors in interest..
4. This Agreement shall be recorded, shall run with the LAND
and shall bind the OWNERS and their successors in interest.
IN WITNESS WHEREOF, the parties have executed this Agreement, in
duplicate, the day of
ATTEST:
CLERK: OF THE TOWN OF LOS GAT08
(Acknowledgements Required)
1978.
TOWN OF LOS GATOS
MAYOR OF THE TOWN OF LOS GATOS
OWNERS:
1:
EXHIBIT "A"
That parcel of land in the County of Santa Clara, State of Californ_a,
described as follows:
Parcel B. exclusive of that portion lying within Eugenia Way (as said
Eugenia Way extends along the southeasterly and northeasterly boundaries
of Parcel B), as shown on the Parcel Map of a portion of the lands of
Emmett E. Brady, et ux, filed August 7, 1972, Book 306 of Maps, Page
S. Santa Clara County Records.