1980-037-Authorizing Water and Sewer Extension AgreementRESOLUTION NO. 1970 -37
RESOLUTION AUTHORIZING WATER AND 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, "WATER AND SEWER EXTENSION AGREEMENT ", with
TAI -SENG CHEN and KATHLEEN KIT -MEE CHEN, a copy of which is attached
hereto, 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.
FURTHER RESOLVED, 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 17th day of March p 1980'
by the following vote:
AYES: COUNCIL MEMBERS: Ruth Cannon, Thomas J. Ferrito,
Mardi Gualtieri, Peter W. Siemens, John B. Lochner
NOES: COUNCIL MEMBERS none
ABSTAIN
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
none
none
SIGNED: -;
MAYOR OF THE TOWN—OF LOS GATOS
ATTEST: 1/
CL— OF THE �TOWN L GATOS
WATER AND SEWER EXTENSION AGREEMENT
This agreement is made and entered into (effective upon the last
date this document is signed by the parties hereto), by and between the
TOWN OF LOS GATOS, hereinafter referred to as "TOWN ", and TAI -SENG CHEN
and KATHLEEN KIT -MEE CHEN, hereinafter referred to as "OWNERS ".
WHEREAS:
(a) The Land referred to in this agreement is described in the
attached Exhibit "All and for brevity is referred to as "LAND".
(b) OWNERS are the owners of LAND, and have installed a septic tank
system and connected to a private water system in order to
provide temporary water and sanitary sewer service for LAND.
(c) It is probable that, at some future date, sewer and water mains
and related facilities will be installed in an easement or
public right -of -way, adjacent to LAND, by special assessment
proceeding or other means.
(d) OWNERS, as a condition of approval of Site and Architecture
Application S -79 -1, and in order to permit development consistent
with public health, safety and welfare, are required to connect
to said water main and sewer main when installed.
THEREFORE, the parties agree as follows:
1. Permission to Utilize Private Water and Septic Tank Systems:
TOWN hereby grants OWNERS permission to utilize said private
water system and said septic tank system to provide temporary
water and sanitary service to LAND.
2. Future Payment of Share of Sewer and Water System Extension Costs:
OWNERS shall participate in the cost of construction of a permanent
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water system and sewer system to serve LAND in one of the
following manners:
a. In the event TOWN shall, within 20 years of the date of
agreement, institute special assessment proceedings for
installation of said water or sewer system, OWNERS shall
consent thereto, shall not protest said proceedings, and
shall pay their share of the cost thereof assessed to their
property.
b. In the event said water or sewer systems are installed
within twenty (20) years of the date of this agreement without
special assessment proceedings, after installation and
acceptance by the TOWN, and within ninety (90) days of
receiving a statement therefor from the TOWN, the OWNERS
shall bear the same proportional ratio of the entire cost
of extending the water or 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 and their
connection to the private water system at their own cost and
connect to the permanent sewer main and water system 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.
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4. This agreement shall be recorded, shall -run with the LAND and
shall bind the OWNERS and their successors in interest.
TOWN OF LOS GATOS
Dated. dif C,, , By a ! s
Mayor
T 5.
ATTES
(6! �
CLERK THE TOWN OF LOS gATOS
Dated:�jj6Rt
Dated: �7Rpq`_ A/
—� TAI -SENG CHEN
OWNERS.
State of California )
County of Santa Clara) ss.
On this 17th day of February in the year one thousand nine hundred and eighty before me,
Elvira Roe, a Notary Public, State of California, duly commissioned and sworn, personally
appeared Tai Seng Chen and Kathleen Kit -Mee Chen known to me to be the persons whose
names subscribed to the within instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the
County of Santa Clara th ay and year in this certificate first above written.
Notary Public, State of California.
5� O lit iAL S AL
My Commission Expires February 24, 1980 -, t s t� �� ca iFOaNin �)
Cl _%V, COUNTY
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h 24, 24,
15$0 IS
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PARCEL ONE:
BEGINNING at the Southwest corner of that certain parcel of land conveyed
to Jean K. Gomes, a single woman, by Deed recorded June 15, 1960, Book
4824, Official Records, page 440; thence along the Westerly line of the
parcel of land conveyed to W. P. Boatwright, Jr., at ux, by Deed recorded
December 31, 1956, Book 3696, Official Records, page 336, North 0 033'08"
West, 200.00 feet to a 3/4 inch iron pipe set at the Northwesterly corner
of said parcel of land so conveyed to Boatwright on the Southerly line
of that certain parcel of land conveyed to Effie Walton, by Deed recorded
December 31, 1948, Book 1726, Official Records, page 336; thence along
said last named line, North 89 131156" West, 224.50 feet to a nail and shiner
set at the Northwesterly corner of that parcel of land conveyed to Alfred
S. Withrow, et ux, by Deed recorded on December 31, 1956, Book 3696, Official
Records, page 333; thence along the Westerly line of said parcel of land so
conveyed to Withrow, the following courses and distances: South 42 °00'
East, 67.48 feet, South 26 °48' East, 36.84 feet, South 21 121' East, 71.83
feet, South 7 °10' East, to a point from which the point of beginning bears
South 89 °31156" East, thence South 89 131156" East, to the point of beginning
and being a portion of the Northeast quarter of Section 27, Township 8
South, Range 1 West, M.D.B. &M.
PARCEL TWO:
BEGINNING at a pipe set at the point of intersection of the Easterly line
of Section 27, Township 8 South, Range 1 West, M.D.B. &M., with the Southerly
line of the parcel of land conveyed to Effie Walton, by Deed recorded
September 31, 1948, Book 1726 Official Records, page 336, said point of
beginning also being in the Easterly line of the parcel of land conveyed
to Earl C. Popp, at ux, by Deed recorded December 31, 1948, Book 1726,
Official Records, page 330; thence along the Southerly line of said parcel
of land so conveyed to Walton, North 89 °31156" West, 221.85 feet to the
Northeast corner of the parcel of land conveyed to Eugene C. Acronico, at
ux, by Deed recorded March 4, 1957, Book 3743, Official Records, page 107;
thence along the Easterly and Southerly lines of said Acronico parcel South
0 °33'08" East, 100.00 feet and North 89 °31156" West, 440.00 feet to the
Southwest corner thereof, said Southwest corner being also the Northeast
corner of the parcel of land conveyed to Jean E. Gomes, by Deed recorded
June 15, 1960, Book 4824, Official Records, page 440; thence along the
Easterly and Southerly lines of said Gomes parcel and along the Westerly
prolongation of said Southerly line, South 0 133108" East, 100.00 feet and
North 89 131156" West, 574 feet, more or less, to the point of intersection
thereof with one of the Westerly lines of the parcel of land conveyed to
Alfred S. Withrow, at ux, by Deed recorded December 31, 1956, Book 3696,
Official Records, page 333; thence along the lines of said parcel of land so
conveyed to Withrow, South 7 °10' East, 45 feet, more or less, to an angle
point therein; thence South 15 107' West, 154.43 feet; thence South 0 °05' West,
32.63 feet to the Southwest corner of said Withrow parcel; thence still along
the lines of said parcel of land so conveyed to Withrow the four following
courses and distances, North 89 033' East, 609.09 feet, North 0 133108" West, 76.2;
feet, North 89 038128" East, 655.37 feet and North 0 °33128" East, 329.62 feet
to the point of beginning and being a portion cf the Northeast 1/4 of Section
27, Township 8 South, Range 1 West, M.D.B. &.A.
- EXHIBIT "A" -