1982-066-Authorizing The Execution Of An Annexation AgreementRESOLUTION NO. 1952 -66
RESOLUTION AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT
RESOLVED by the Town Council of the Town of Los Gatos
that the Mayor is authorized and directed to execute the
attached agreement with Thomas M. Whitney and Donna L. Whitney,
concerning annexation.
PASSED AND ADOPTED by the Town Council of the Town of
Los Gatos at a regular meeting held on the 15th
day of March, 1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon Thomas J Ferrito
MarL,yn J. Rasmussen, Brent N. Ventura, Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS
SIGNED: ✓d --
"MAYOR CY THE TOWN OF LOS GATOS
ATTEST:
CL OF THE TOWN OF rs GATOS
When recorded mail to:
TOWN CLERK
Town of Los Gatos
Post Office Box 949
Los Gatos, California 95031
MEMORANDUM OF AGREEMENT
This instrument is a memorandum of the agreement between the TOWN OF LOS
GATOS (hereinafter called "Town "), and THOMAS M. WHITNEY AND DONNA L. WHITNEY
(hereinafter called 'Owner "), and is made with reference to the following
facts:
Owner is the owner of land within the sphere of influence and urban
services area of the Town described on the attached Exhibit "A ".
Owner was the applicant for approval of a sewer line extension to said land
to County of Santa Clara Sanitation District No. 4. The Town contended that
the proposed sewer line should not be extended if the land were to remain in
the unincorporated territory of the County.
The parties acknowledge that the proposal to install the extension of the
sewer line is one which requires an urban municipal service, and in the future
other proposals may be made regarding this property which will require other
urban municipal services, and further, that it is desirable and consistent with
the County of Santa Clara General Plan that those services be provided by an
incorporated city. Owner is willing to annex the land to the Town, but
annexation is not now possible because the land is not contiguous to the
incorporated area of the Town. Therefore, the parties agree to proceed as
follows:
Owner agrees to immediately petition for annexation of the land to the
Town, subject to the understanding that the petition will be submitted by Town
to the Local Agency Formation Commission for authorization to annex as soon as
the land becomes contiguous to the incorporated area of the Town or as soon as
the land can be made part of a larger petition for annexation, which is
contiguous to the incorporated area of the Town.
Owner further agrees to renew
or resubmit the petition for annexation upon request of the Town.
Town agrees, subject to the limitations described above, to submit the
petition to the Local Agency Formation Commission with a request for
authorization to proceed.
The land proposed
for annexation is described in the-attached Exhibit "A ".
This Agreement runs with
the land and is binding on Owner's
successors in
interest, but when the
annexation is accomplished, this
agreement shall be of
no further effect.
OWNER: ,
7Zi
STATE OF CALIFORNIA, l
........................... Countyof.... Santa }ss:
On thir......2 ..............da o.............Clara......... )))
hundred y f . �'arQ'b'
and ..... ° °•.•.•.•.•.... in the year one thousand nine
8.2 ........................ before me,...R,ObP;Kta
a Notary Public�e
1 r C FFzCCAL' ,::
f �( .Uri,as.................nin
appeared ..... Tt@ C1PITNEd
................... ......w...........YularidmDONNA
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RQBERTA
. -n ..................................... .............:.................
L�d WHITNEy a...
known e
V is {
NO74RY r•
\ " UBLIC -CAI -.
tom to be the .............
person.S..... whose name S
within instrument
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t.= AN M t c0 C��U,7Y e:
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IN WZTNF ' .......... subscribed o the
and acknowledged to me that.......he..y
WHEREOF
.'
k'W:.- .,�,�,,•.; w.,: 3:,,983
-SS execute
exeatted the same
I have hereunto set my h e
in the.... an a
"` °• d and affixed
county
ca..a Zr
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y f...........ta...Clara y li;eialseal
certificate first above written. " """'••" °•• the da and
-- y year in this
FORM NO. 32th General Ack nowled
Printetl on South wovth's Parch me 9ment.
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` °C' °'• •.-.) r:..............................
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Notary P .......................
ublic, State of California.
My Commission Expires 9/23/83
............... ..... ...............................
Y boy 2,e) c�
MAYOR
Accepted by the Town of Los Gatos this ,.c?� day �-
� y of
ATTEST r
ROSE E. ALDAG, TOWN C—
t
DESCRIPTION TO ACCOMPANY MEMORANDUM OF
AGREEMENT, LANDS OF WHITNEY
(OVERLOOK ROAD)
EXHIBIT "A"
All that certain real property situated in the unincorporated area of Santa
Clara County, State of California, being more particularly described as
follows:
Beginning at a point on the boundary of County Sanitation District No. 4 of
Santa Clara County as established by the southwest line of the Rancho Riconada
de Los Gatos.
Said point of beginning being the northeast corner of that certain 1.269
acre "Parcel One" delineated upon that "Record of Survey" of Lands of Harry W.
and Sue A. Brown filed 15, June 1978 in Book 420 of Maps, Page 39, Santa Clara
County Records;
Thence from said point of beginning, and along the easterly line of Parcel
"A" and District No. 4 Boundary North 41 39'32 "W 397.42 FEET;
Then leaving said District No. 4 Boundary and along a southerly Boundary of
Parcel "A" along the following bearings and distances:
NORTH 9 37'22" EAST 102.57 FEET
SOUTH 64 47' EAST 294.11 FEET
SOUTH 1 03'37" WEST 273.16 FEET
and SOUTH 88 30' EAST 14.02 FEET
to said point of beginning on the boundary of said District No. 4 area
described.
Containing 1.27 acres more or less