01 Desk Item - West Valley Sanitation DistrictDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
OCTOBER 24,2005
MA YOR AND TOWN COUNCIL
DEBRA J.FIGONE,TOWN MANAGER
MEETING DATE:10-24-05
ITEM NO.1
DESK ITEM
SUBJECT:ADOPT RESOLUTION AUTHORIZING MAYOR TO SIGN THE
AGREEMENT BETWEEN WEST VALLEY SANITATION DISTRICT AND
THE TOWN OF LOS GATOS FOR THE TRANSFER OF THE LOS GATOS
SANITARY SEWER SYSTEM ASSETS AND MAINTENANCE
RESPONSIBILITIES TO WEST VALLEY SANITATION DISTRICT
Attached is a revised resolution and the final agreement for the transfer of the sanitary sewer system
assets and maintenance responsibilities from the Town to West Valley Sanitation District (WVSD).
The revised resolution includes the authorization for the Town Manager to execute any deeds of
sewer easements required under the agreement.
In addition,for clarification purposes,staff is suggesting that the reserve fund established for the
$2.4 million net remaining proceeds from the payment be designated the Reserve -Proceeds from
Seyver Assets Transition.
Attachments:
1.Resolution Authorizing Mayor to Sign Agreement Transferring Los Gatos Sewer Systems
Assets and Maintenance Responsibility to West Valley Sanitation District (with the
Agreement,Exhibit "A,"and exhibits to the Agreement)
Distribution:
Robert R.Reid,District Manager,West Valley Sanitation District,100 East Sunnyoaks Ave.,
Campbell,CA 95008-6608
'fJ~d8.UJ'u,
PREPARED BY:PAMELA S.JACOBS
ASSISTANT TOWN MANAGER
N:\MGR\PJacobs\Council Reports\WVSD desk item.wpd
Reviewed by:__Assistant Town Manager -f/-f,l~,,'cJw"-Town Attorney __Clerk Administrator
___Finance __Community Development Revised:10/24/05 11:17 am
Reformatted:5/30/02
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING MAYOR TO SIGN THE AGREEMENT BETWEEN WEST VALLEY
SANITATION DISTRICT AND THE TOWN OF LOS GATOS FOR THE TRANSFER FO
THE LOS GATOS SANITARY SEWER SYSTEM ASSETS AND MAINTENANCE
RESPONSIBILITIES TO WEST V ALLEY SANITATION DISTRICT
WHEREAS,
A.West Valley County Sanitation District of Santa Clara County (previously known as
County Sanitation District No.4 of Santa Clara County)hereinafter referred to as "District"and the
Town of Los Gatos,hereinafter referred to as "Town"entered into an agreement on May 19,1977
entitled "District 4 -Los Gatos 1977 Sewer Agreement"hereinafter referred to as "Agreement;"
B.On December 4,1991,the District and the Town entered into an agreement to
facilitate changes in procedures and technology (hereinafter referred to as the "First Amendment");
C.On June 12,2001 the District and the Town entered into an amendment extending
the term of the Agreement and First Amendment as well as adding additional terms (hereinafter
referred to as the "Second Amendment");
D.On July 5,2005 the District and the Town entered into a Second Continuation
Agreement hereinafter referenced as the extending the Agreement and all amendments to September
30,2005 as well as adding additional terms;
E.In August 2005 the District and the Town entered into a Third Continuation
Agreement extending the Agreement and all amendments to December 6,2005;
F.The Agreement,together with the First and Second Amendments and all continuation
agreements will expire on December 6,2005;
G.The Agreement,both Amendments and all continuation agreements provide for the
Town's operation of its sanitary sewer system within the boundaries of the District;and
H.The Town wishes to transfer and the District wishes to take over the Town's sanitary
sewer system effective November 1,2005.
THEREFORE,BE IT RESOLVED:
1.That the Agreement between West Valley Sanitation District and the Town of Los
Gatos for the Transfer of Sanitary Sewer System,attached hereto as Exhibit "A,"is hereby approved
along with Exhibits "A"and "B"thereto,as described therein,and the Mayor is authorized to sign
the agreement on behalf of the Town.
ATTACHMENT 1
2.That the Town Manager is hereby authorized to execute any deeds ofsewer easements
required under the Agreement
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos,California,held on the 3rd day of October,2005 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steve Glickman,Diane McNutt,Joe Pirzynski,Barbara Spector,
Mayor Mike Wasserman.
None
None
None
ATTEST:
SIGNED:/s/Mike Wasserman
MA YOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
/s/MarLyn J.Rasmussen
CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
10/21/2885 1~:8j 4087773401 K PAGE 02
AGREEMENT BETWEEN WEST VALLEY COUNTY SANITATION DISTRICT
OF SANTA CLARA COUNTY AND THE TOWN OF LOS GATOS FOR THE
TRANSFER OF SANITARY SEWER SYSTEM
WHEREAS,West Valley County Sanitation District of Santa Clara County
(previously known as County Sanitation District No.4 of Santa Clara County)
hereinafter referred to as "District"and the Town of Los Gatos.hereinafter
referred to as "Town"entered into an agreement on May 19,1977 entitled
"District 4 -Los Gatos 1977 Sewer Agreement"hereinafter referred to as
"AgrMment"and
WHEREAS,on December 4,1991,the District and the Town entered into an
agreement to facilitate changes in procedures and technology (hereinafter
referred to as the "First Amendment"and;
WHEREAS.on June 12,2001 the District and the Town entered into an
amendment extending the term of the Agreement and First Amendment as well
as adding additional terms (hereinafter referred to as the "Second Amendment");
and
WHEREAS,on July 5,2005 the District and the Town entered into a Second
Continuation Agreement hereinafter referenced as the "Second Continuation
Agreement")extending the Agreement and all amendments to September 30,
2005 aa well as adding additional terms,and
WHEREAS,on September 26,2005 the District and the Town entered into a
Third Continuation Agreement hereinafter referenced as the "Third Continuation
Agreement")extending the Agreement and all amendments to December 6.
2005,800
WHEREAS,the Agreement,together with the First and Second Amendments
and all continuation agreements will expire on December 6,2005,and
WHEREAS,the Agreement,both Amendments and all continuation agreements
provide for the Town's operation of its sanitary sewer system within the
boundaries of the District;and
WHEREAS,the Town wishes to transfer and the District wishes to take over the
Town's sanitary sewer system effective November 1,2005.
NOW THEREFORE.for and in consideration of their mutual promises,and
subject to the terms,proVisions,and conditions hereinafter set forth,the parties
do hereby agree as follows:
1
EXHIBIT A
10/21/2885 1~:8j 4087773401 K PAGE 03
SectIon 1.Dlttdct !CUIJtl!lS!of the Town'.Sanitary Sewer System
A.As used herein,the Town's sanitary sewer system includes:
1)All the Town's waste water facilities that it currently owns and operates
inctuding pipe lines,pump stations,and other structures.
2)All real property owned by the Town which is appurtenant to the
Town',wastewater facilities including,but not limited to,easements and rights of
way for sanitary sewer purposes.A partial list of these real properties is attached
thereto as Exhibit A.
B.On the transfer date (see below)the Town will transfer all waste water
facilities described above and all real property described in Exhibit A to the
District.The District agrees that it will accept the above waste water facilities
and the real properties described in Exhibit A on an "as is"basis.The Town
disclaims any warranties,explicit or implied.for its wastewater facilities or for the
real properties above described.
C.On the transfer date,the real properties described in Exhibit B shall be
transferred to the District by quit claim deeds prepared and executed by the
Town and delivered to the District which will cause said deeds to be recorded
with the office of the County Recorder of Santa Clara County.
D.Any real properties described above which are not specifically listed in Exhibit
A shall remain in the ownership of the Town and the District is appointed as to
Town'.agent with respect to all mattel'$concerning said real properties.Upon
request from the District,the Town shall immediately transfer by quit claim deed
all such real properties above described as their legal descriptions become
known to the District or the Town.
E.Etreetive on the transfer date,the Town assigns all of its rights and
obligations under an agreement entitled Maintenance and Replacement
Agreement:Sanitary Sewer Pump Station (14615 Shannon Road),recorded
June 11,1991.(document No.10932852,book 745.page 0524,official records
of the County of santa Clara).8 copy of which is attached hereto as Exhibit B.
The District hereby accepts the assignment.The parties agree that any amounts
collected by the Town pursuant to said agreement as of the transfer date shall
repay the Town's expenses in maintaining the pump station incurred thereunder.
A.The trantfer date described above shall be November 1,2005 unless the
parties agree in wrtting to any other date.
B.On the transfer date:
2
10/21/2005 12:03 4087773401 I<PAGE 134
1)The Town shall have no further responsibility to provide,maintain or
repair the sanitary sewer system.
2)The District shall commence providing waste water services to the
properties previously served by the Town and shall be responsible for
prOViding,maintaining and repairing the wastewater system.
3)Unless otherwise specified in this agreement,the Town shall have no
additional obligations regarding the transfer of its sanitary sewer
system.
4}Any personal property in the Town's possession for use by the Town in
maintaining its sewer system shall remain in the Town's possession,
whether or not acquired by or through the District,which hereby
disclaims any an alt interests in said personal property.
8ec1Ion 3.Ipd""nlftcttl2n
A.The Town agrees to defend,indemnify,and hold harmless the District,its
officers,agents and employees from and against any and all loss,damage,
liability,claims,demands,detriments,costs and expenses (including reasonable
attorney's fees)and cau6eS of action of whatsoever character which the District
may incur,sustain or be subjected to on account of loss or damage to property or
106$of use thereof.or for bodily injury or death or any persons (including but not
limited to property,employees,subcontractors,agents and invitees of each party
hereto)ari$ing out of or connected with the Town's sanitary sewer system and
the date of occurrence of the injury Or damage occurred prior to the transfer date.
B.The District agrees to defend,indemnify,and hold harmless the Town,its
ofticers,agents and employees from and against any and all loss,damage,
liability,claims,demands,detriments,costs and expenses (including reasonable
attorney's fees)and causes of action of whatsoever character which the District
may incuf,sustain or be subjected to on account of loss or damage to property or
10$$of use thereof,or for bodily injury or death or any persons (including but not
limited to property,employees,SUbcontractors,agents and invitees of each party
hereto)arising out of or connected with the sanitary sewer system and the date
of the occurrence of the injury or damage occurred on or after the transfer date-
sectton 4.Q.'trlcr's Obligation!URQ"Tranefe!
A$and for full compensation for the transfer of the Town's sanitary sewer system
to the District,as well as full compensation for any claims for reimbursement of
costs incurred by the Town under the agreement and atl amendments and
continuation agreements previously executed by the parties prior to November 1,
2005,the District agrees to make payment to the Town the sum of $2,572,000
payable in full on November 1,2005,which shall be apportioned at the Town's
3
10/21/2005 12:~3 4087773401 K PAGE 05
discretion to reimburse the Town its full costs incurred in maintaining its sewer
system during the period from July 1,2005 to November 1,2005.
It is the District's goal to provide 8 uniform level of service to all District
customers that is equivalent or better than sewer services previously provided by
the Town.The District will document all service requests,response times,sewer
maintenance,and other work performed in the Town and provide the Town with
two reports on this work.The fir&t report shall cover the period from November 1,
2005 through January 31,2006.The second report shall cover the period from
February 1,2006 through June 30,2006.Effective July 1,2006,the District is
not obligated to provide separate documentation of services provided within the
Town.However,District-wide annual service reports will continue to be provided
to the Town on request.
SectIon 5.CooptI'Ition by Town
All pUblic information,data,reports,and maps as are existing and available to
the Town as public records,and which are necessary for carrying out this
agreement,shall be furnished to the District at least ten (10)days prior to the
transfer date and all information,data.reports and maps obtained by the Town at
any time subsequent to said above described tum over date shall be furnished to
the District without undue delay.
SectIon t.NotIcM
All notices required or permitted to be given under this agreement shall be in
writing and shall be personally delivered or mailed by first class or certified mail,
postage prepaid,addressed as follows:
To Town:110 E.Main Street
P.O.Box 949
Los Gatos,CA 95031
Attn:Debra Figone,Town Manager
Telephone:408-354-6832
Fax:408-354-8431
To DistriCt:100 E.Sunnyoaks Avenue
Campbell,CA 95008
Attn:Robert Reid,Manager
Telephone:408-378-2407
Fax:408-364-1821
SectIon 7.Modification of Ag ....m.nt
4
1~/~1/~~05 12:03 4087773401 K PAGE 06
No amendment to or modification of this agreement shall be valid unless
made in writing and approved by the District and the Town.The parties agree
that this requirement for written modification cannot be waived and that
attempted waiver shall be void.
Section 8.En""Agfl!ment
This agreement,including all attachments,is the entire,complete,final
and exclusive expression of the parties with respect to the matters addressed
therein and supercedea all other agreement or understandings,whether oral or
written,or entered into between the District and the Town prior to the execution
of this Agreement,including the Third Continuation Agreement.No statements,
representations or other agreements,whether orat or written,made by any party
which are not embodied herein shall be valid and binding.
section I.Sev.rabllbv
If a term,condition or covenant of this agreement is declared or
determined by any court of competent juriSdiction to be invalid,void or
unenforceable,the remaining provisions of the agreement shall not be affected
thereby and the agreement shall be read and construed without the invalid,void
or unenforceable provision(s).
section 10.DIIp,*,
If either party contends that the other has breached or is breaching this
agreement or that this agreement is inequitable,its governing body shall so notify
in writing the governing body of the other party and both governing bodies
(subject to all laws concerning meetings of public agencies'governing bodies)
shall meet jointly to resolve their differences.No action or suit concerning the
terms or perfonnance of the agreement shall be commenced,nor shall there be
any act of resci86ion or notice of termination of this agreement shall occur until
the joint meeting has been held.The parties agree that any statute of limitations
as to any cause of action is,and shall be,tolled for the period from the above
described notice from one governing body to the other until the joint meeting
above described is concluded.
section 11.II!CC!!!o",anca _lAM
The agreement,covenants,conditions.limitations.restrictions and
undertakings contained in this agreement apply to and bind the successors and
assigns of the parties.
In Witness Whereof,the parties hereto have executed this agreement on
the dates set forth beside their signature,to become effective ~__
2005.
5
41::1~1773401 K PAGE 07
Dated:
secretary to the Board
Dated:
Attest
Clerk Administrator
West Valley County Sanitation District of
Santa Clara County
by:-:-__~~----:-::-:---:-_~_
Chairperson I Board of Directors
Approved a6 to form:
Char1es T.Kilian,District Counsel
Town of Los Gatos
by:~_
Mayor
Approved as to form:
Orry Kom,Town Attorney
6
15.Grant ofEasement (partes)-recorded July 25,1951.document No.734442.book 2255,
4.Sanitary Sewer Easement -118 Ohlone Court,recorded April 25,1996,docwnent No.
0013213871,Official Records of Santa Clara County
3.Sanitary Sewer Easement -120 Ohlone Court,recorded April 25,1996,document No.
0013273810,Official Records of Santa Clara County
PAGE 08K
ExmBtTA
4087773401
10.Grant of Basement (Fabbri)-recorded November 8,1950,document No.616590,book
2092,page 37,Official Records of Santa Clara County
11.Grant ofEasement (Mariotti)-recorded November 8,1950,document No.616592,book
2092,page 47,Official Records of Santa Clara County
7.Sanitary Sewer Easement -16610 Kennedy Road,APN 532-13-00 1,recorded February 7,
2005,document No.18222179,Official Recotds of Santa Clara County
14.Grant ofEasement (Erwin)-recorded July 25,1951,document No.734441,book 2255,
page 473,Official Records of Santa Clara County
12.Grant ofEasetnent (Fox)-recorded November 8,1950,document No.676591,book
2092,page 42,Official Records of Santa Clara County
13.Grant of Easement (Treseder)-recorded July 25,1951,dOC\U11cnt No.734440,book
2255,page 468,Official Records of Santa Clara County
5.Sanitary Sewe1'Easement -120 Naramore Lane,recorded September 4,2002,document
No.6458511,Official Records of Santa Clara Cowty
6.Sanitary Sewer Easement -16650 Kennedy Road,APN 532-13-002,recorded February 7,
2005,document No.18222180,Official Records of Santa Clara County
1.Sanitary Sewer Easement -14731 Winchester Boulevard,Tract No.8911,recorded
February 4,1997,document No.13601212,Official Records of Santa Clara County
2.Sanitary Sewer Easement -121 Apricot Lane,APN 51 0·19.()21,recorded September 17?
1996,document No.13448138,Official Records of Santa Clara COWlty
.8.Grant of Easement (Udell,et al.)-recorded November 8,1950,document No.676589,
book 2092,page 32,Official Records of Santa Clara County
9.Grant of Easement (Carlton)-recorded November 8,1950,document No.676593,book
2092,page 51,Official Records of Santa Clara County
10/21/2005 12:03
10/21/2005 12:~3 4~87773401 K PAGE 09
page 478,Official Records of Santa Clara County
16.Grant of Easement (Nino)-recorded July 25,1951,document No.734444,book 2255,
page 487,Official Records of Santa Clara County
17.Grant of Easement (Nino)-recorded July 25,1951,document No.734443,book 2255,
page 482,Official Records of Santa Clara County
18.Grant of Easement (Nino)-recorded July 25,1951,document No.734445, book 2255,
page 492,Official Records of Santa.Clara County
19.Grant of Easement (Medler)-I'e<:orded July 25,1951,document No.734446,book 2255,
page 497,Official Records of Santa Clara County
20.Grant of Easement (Bakulich)-recorded August 7,1951,document No.737063,book
2262,page 366,Official Records of Santa Clara County
21.Gtant of Easement (Americh.et 81.)-recorded July 25,1951,document No.734439,
book 2255,page 461,Official Records of Santa Clara County
22.Grant ofEa.sement (Clanton)-recorded July 25,1951,document No.734438,book 2255,
page 4456,Official Records of Santa Clara County
23.Grant of Easement (Miller)-recorded July 25,1951,document No.734437,book 2255,
page 452,Official Records of Santa Clara County
24.Deed of Easement -Tract 2580 (Roberts)-recorded 1959,document No.1729653,book
4617,page 424,Official Records of Santa Clara County
25.Resolution of Acceptance (No.1959-96)-recorded November 2,1959,document No.
1717813,book 4593,page 449,Official Records of Santa Clara CO\mty
26.Grant Deed (Shannon)-recorded December 14,1960,document No.1922889,book
5013,page 392,Official Records of Santa Clata County
27.Grant of Easement (Conger)-J:eCorded October 6,1960,document No.1888487,book
4942,page 615.Official Records of Santa Clara County
28.Grant of Easement (Sheridan)-recorded September 7.1961,docwnent No.2056723,
book 5289,page 333,Official Records of Santa Clara County
29.Grant of Easement (Keizer,et 81.)-recorded September 7.1961,document No.2056724,
book 5289,page 336,Official Records of Santa Clara County
30.Grant ofEMement (Grahmn)-recorded May 25,1961,d~um.nt No.2003284,book
18/21/2885 12:83 4887773401 K PAGE 10
5178,page 60S,Official Records of Santa Clara County
31.Grant of Easement (Reed)·recorded May 25,1961,document No.2003283,book 5178,
page ~,Official Records of Santa Clara County
32.Grant Deed Individual (Developments Unlimited)-recorded November 8,]961,
document No.2089855,book 5358,page 159,Official Records of Santa Clara County
33.Grant of Easement (Fore)-recorded May 1962,document No.2206884,book 5605,page
449,Official Records of Santa Clara COWlty
34.Grant Deed (City Title)·recorded February 8,1962,document No.2138900,book 5461,
page 394,Official Records of Santa Clara County
.
35.Gnmt of Easement (McClure)-recorded February 19,1963,document No.2350 t 83,
book 5911,page 452,Official Records of Santa Clara County
36.Deed of Easement (Los Gatos Union School District)-recorded April 29,1963,
document No.2402133,book 6021,page 557,Official Records of Santa Clara County
37.Deed of Easement (Los Gatos Union School District)-recorded March 5,1963,
d~mnent No.2358434,book 5929,page 74,Official Records of santa Clara County
38.Grant Deed (Stoddard).recorded October 29,1964,document No.2732630,book 6720,
page 92.Official Records of Santa Clara County
39.Deed of Easement (Fore)-recorded July 10,1964,document No.2664138,book 6576,
page 395,Official Records of Santa Clara County
40.Deed of Easement (Detrick)-reoorded May 7,1965,document No.2845837,book 6949,
page 172.Official Records of Santa Clara County
41.Deed of Easement (Mission City Investors)-recorded May 7,1965,document No.
2845838,book 6949,page 175,Official Records of Santa Clara County
k
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M.\INTEJ.QNCE AND UPIACDIENT AGREEMENt':
SANITARY S&WD.'Pt1!rtP ftA110N
(14615 Shamum Road),
THIS AG~,dated~.~•199~by and between Habib
sadepi-Azar IDd Sbobreb.ffaibpUi'iC ~Wile;\O'Nnerj,and TOwn of los
..GaroL •JDDDidpal corporadon ('Town"),is with reference to the following facts:.~,.
A.0wDet·is the CJWIler of certain real pwpaty'loc:ated aloag Sdta Rosa DriveaDd"of ShamloD Road-in the Town of Lot Gatos,'Sweof QdifonJia (the "Property"),
u JIaOfe patticuJady deIcn"becl in &bibit A.a~heretO and ~ado a part thereof,and
sbowD 011 tbc map attaehod hereto and ~apart hereof as Exbibit B..
B.TOWIl bas aa.mted to Owner c:onditlonal approval of a tentative ~for a
fIfteeD (15)lot subdivisloD 011 tbe propeny,Jmown as the -santa Rosa Heights Subdi\1sion"
("SubdMIion't in accordaDce with ResoluuOIl No.1990-168,adopted by the Council onA..-c 6,1990..
c.Condidon'No.38 of Raoluf:ion 1990-168 requires:
._That the developer shall coastruet a saitary sewer main from Shannon Road
to Lots·12.137 14,and.1St iDdudfna·.separate sewer lateral stub-out to each of
~lois.1be easemeaas and npts of way nea:uP')'to construct this system will
be ctecIicaJed qIl the record map.Until such time ..the Camden-Hicks truDk sewer
.main is eitePded up SbaDnon ~to this psoperty,sewage from lDts 12,13,14,
aDd 15 IdDSt be ~upbiU to the proposed new sewer line in SiotnLAzule.
When me Camden-Hidm :trunk sewer main is extended up Shannon Road to this
ptoporty,the.force main and pump .iioos senidDg Lots u..13,14.~15 shaD.be
abaDdoDed and said property owners shall be requ,irocl to connect up to this system.
This CODditloIl abaIl be recorded for Lots 12..13,14,and 15·so that every purchaser
"of property'•.fJI)l kDow1edp ~tIds CODdldon..
,'.--.......1
~li&Nc;n·:"-'·-i;;.';<;;;"';
'EXHIBITS
10/21/2005 12:03 4087773401 K PAGE 12
D.This Agreement is intended to implement Condition 38 by requiring property
owners of Lots 12, 13,14,and 15 to maintain the pump stations which are used to pump
sewage from the property uphill to the proposed new sewer line in Sierra A2:ule and to pay
for replacement of the pumps at the end of their useful lives.
NOW,TllEREPOIUh Owner he~by agrees,on behalf of himself and his successors
and alSip"to the f~nowiug:
1.Owner and all SUcces$()r$in interest to Lots 12,13,14,and 15 within the
Subdtrision shaI1 contribute to the regular maintenance of the pump stations constructed
within the public servite easement along the easterly property line.
.2.Such tnaiD.te12aDCC obligation shall be shared equally by each lot,and the
Town of Los Gatos will biD the owner of record of ead1 lot annually for the costs of
maintnan~and for a proportionate share of the estimated replacement costs.
3.The annual payment for each of the four lots shall be $1,150.00 which shall
be deposited in an.interest bearina account provided,however,that no sooner than ten
yeaD ~~ecution of this Agreement,the Town Council may increase the animal
payment if it makes specific factual findings sU~the increase.Annual payment shall
.begin at the time a sewer connection permit IS issued for any one of these lots.
4.When in the sole.discretion of the Town the sewer'pump requires
replacement,the Town shall replace the pump with a pump of design and capacity as
appnwed by the Town Engineer and Dircdor of Parb,Forestry and Maintenance.If the
replacement costs of the pump exceed the amOlqlt that has been a<:cumulated under this
AgreeJDeDt,the Town may assess one-fourth of the repJa<:ement cost against each lot and
will bill the owner of record for the excess costs of replacement.Replacement costs also
include ell finaJJdn&,collection,legal,aDd admiDistrative expenses..
S.If unpaid,the costs o~maintenance and replacement shall become a lien
agaiDat the property on which it is assessed and a personal obligation of each propertyowner..
.'6.The Town inay provide ror the collection of any maintenance and replacement
costs at the same time aDd in the same mamsCf as ordinaly municipal taxes,and may
pl'OYlde the same penalties and same prO<:edurCi and sale in the case of delinquency as
provided for ordiDary unmicipal taXes.All laws applicable to the levy,collection,and
enforccm~t of IDUDicipal taxes ~all be applicable to each special assessment.
7.The term of this Agreement shall be fifty years or until the camden-Hicks
trunk sewer line is mended up Shannon Road to this property,whichever is earller.When
the ~is utended up SbaDDon Road,.the Town may use funds accumulated pursuant
to this Acreement to pay any COnstruction costs necessary to make a transition from a
pumped sewer system to a gravity fed sewer,and $ball refund any unexpended funds to the
then owaen of rccord.
~....2 May 7,1991
I<
L 145PA"~0526
PAGE 13
8.In the event'that lepl aaion be<xlmes necessary toemorcc the terms of this
Agreement.the prevailin&party shall be cntided to recover its attorney's fees.
9.1"hi&Agreement shall constitute a c:ovcnant running with the bmd and shall
be binding upon the successors and assigns of Owner,including any transferee of legal title
to uts 12.~14,aDd 15.
IN WITNESS WHEREOF,the parties have execnted this Agreement on the day and
year firat above written..
TOWN OF LOS GATOS
)}J~~
'TOWN MANAGER
OWNER
er
Santa Rosa Heights Subdivision
.~--.--Santa Rosa Heights Subdivision
APPR.OVED AS TO FORM:
~~-
ActiDgTownAttomcy
Town of Lo6 Gatos
3 May 7t 1991
l~/~l/~~~~1~:03 4087773401 K
L 7 )?AGEDSZ I
PAGE 14
All that real propCrty situated in the Town of Los Gatos,County of Santa ~State of
CalifonDa,~u follows:.
PABCBI ONE-
Bqinniqg at a pobtt on the OD-quarte!'section'line mnnjug Northerly
aDd Southerly thtoqIl the center of section 24,Township 8 sou~Range 1
West,Mmmt Diablo Base and Meridian,distant thereon South (f 11 'West
10.3S .;nl from.an iroD pipe standing at the QD8-quarte!'section comer OD
the North line of said Section 24,said poiDt,of beginniug also being the
Soutbeasteriy.comer of that ~17.44 acre tract of Iud conveyed by
Manuel F.Escmer aDd LoDore Escmer,his wife,to Frank Wobnert and
Guadalupe M..Wolmert,his wile,by Deed dated June 11,19Z1 and recorded
in Boot 331 of 0fBcial Records,pap 123,8an1a Oara Coun~R~rds;
thence from laid pOint of beafnniDl rumrinl along said O11e-quarW scdi.on
1iD8 South (f 11'west 42.85 t:bains to an ~pipe driven in the center of
the travelled part of Shannon ROad;thcD.ce a10Dg the center of the travelled
pan of SbaJUMlU R08d North 6fO SO'West 3:sT c:haim to an iron pipe,North
g 36'West 2.81 dIaiDs and North 7ft 06'West 3.32 c:haiIIs to an iron pipe
fiom wJ:ddl pipe a Un oak tree 24 i:Dd1es in dJameter marked with three
uotcha bean North IT'30'West 0.3S3-of a chain;thence still along said
road North 4~(W West 2.94 chains to an iron pipe &olD which pipe ,a live
oat ttee 16 inc:bes in diameter,marked with three notches,bears North 8T'
West 0.193 of a ~tbcDc:e le&9iq the SIIamlOll R.oad and fonowing the
Westerly side of a IIDBl1 creek North 118 SZ East 3.30 dWDs to a stake
marb:d P.l;tbcmc:e NOIth 648 04'West 4.51 chaiDs to aD.iron pipe driven
8ush with the JrOWSd in the center of the traftlled portion of the Shannon
Road;th~a10DI the center of the trDeIled porUoJ1 of the Shannon Road
North 11°31 'West 3.825 chaiDs to au inm pipe aDd North '1!r 30'West
131 cJwins to an froJl pipe driven six fDd1cs below the sm:facet from which
pipe a stake marbcl W-P-T-M bean North zra 4V Bast 0.535 of a chain;
theuc:e.leaviDI SbamIon Road,ftl'UIinI from aaid pipe;North 21°49'~
a.sS ~to a stake marked T-I-M-1;theJa North 100 16'West 18.88
1~/~1/~~~5 l~:~~4087773401 l<PAGE 15
1_"5 iJA ~t U ~l 0
chains to the Southwesterly·comer of said 17.44 acre tract of land
herebJabove referred to;thence along the Southerly line of said .17.44 ac;re
tract of !aDd,N<;n1h 89""5(1 Est 15.893 cbaiDs to the pOint of beginning,
comalntng 54.70 acres of ~IDOt'e or leu,and bciug a portion of the West
eme-balf of section 24,Township 8 South.Range 1 West,Mount Diablo Base
and Meridian.
BXCBPI'ING THBREFROM that portion thereof descn"bed as fonows:
CommcD.ciDg at a point 011 the o~r $edion line running
Northerly and Soutber1y through the center of Section 24,Township 8 South,
Rqe 1 West,'MomIt Diablo Base aDd Meridian distaDt thcreon,Souib (f
14'0.5"East,683.10 feet from an iron ~standing at the one-quarter section
comer on the North Hue of said section 24,said point being also the
Sontheaster.ly comer .~that,ccrtafD 17.44 acre trae:t of land conveyed by
Manuel F.:P.sawer and Lenore &<:over,his wife to Prank Wohnert and
Guadalupe M.Wo1mcrt,his wife,by Deed dated lune 11,1m and recorded
in Boot 331 of 0fIkfa1 Records,Page 123,Santa aara County Records.
,Thence along the Southerly line of said 11.44 acre tract of land South
sr 'U IV West 1050.10 feet to the Southwesterly corner of said 17.44 aae
aut of laud;
~SoQth 1(1 sr sa-East 633.21 feet to the .TRUE POINT OF
BBOINNlNG 'u this daafption;
1beDce from said TRUE POINT OF BEGINNING·North 610 46'or East
131 feet;
Tbeace North 8V 46'08"East 138.73 feet;
1.'IIeDee South 3s-1!Y 7!.r Bast 87.00 feet;
'l'hmM:e South 3(JIt ~45"West 104.00 feet;
'IbeDce Nordl 7V .,.5r West 11936 feet;.
'1beDce North 10'51'sr West 131:n feet to tbe TRUE POINT OF BEGlNNING.
10/21/2005 12:0j 4087773401 K PAGE 16
L ....5 PlH)~lJ ~cC:1
Non..exclusive right-of-way for iDgress aDd egress ~punenant to Parcel
1 herein over a strip of land 40 feet wide,the center line',of which is
descnDcd as follows:
Beginnf"8 at the Southeasterly QOrDer of that certain 14.95 'acre tract
deeded by Tony L &cover to William E.larvis by Deed dated May 31,1927
IJld.nM:Ofded fa Book 322 Oftic:ial Records,pago 567,in the office of the
County Recorder of Santa Cara County,Califomia and nlDDing thence South
oW 42'West 3.518 chains,South SSO 33'West 1.775 chains.South 34°04'
Wes,t 3.403 diems,South S2"2C1 West 2.586 c:bajns,South 81°40'West 1.068
c:bajns,North sr West 0.956 chains,North 2JO err West 3.083 chains,North
39"35'West 1.212 chains,North 82;4'54'West 0.712 chains,South 6r 11'
W.-0.951 chaiDs,~tb 79"49'West L3SS c:hain$,North 7io 20'West 1.211
cbmI,North 36'15'~est 1.5OS cbaiDs aDd North 11°42'West 2.809 chaim
to a point on d10 Southerly !iDe of~certain 5.00 aCre tract deeded by Tony
1.Esc:aver to Prank woJmert by deed dated.May 31,1m and recorded in
Boot 331 of OfIidal Records,Paac m,in the office of the County Recorder
of sama Clara County,Ca1i£omia;~North 110 42'West 0.106 chains.
N:orth 39'33'West 0.889 chains,South 75"$3'West 1.73 chains,South 61-
47'West 0.799 ~to a point in the ~line of said 5.00 aae tract;
aDd nmraiul theuce South 61°47'West 1.60 chains,South 7S-32'West 2.159
dlaiDl,aDd ~.,.30'West 0.419 chains to a point Ion the Westerly ~
of SectIon 24,TOWDShIp 8 South RaDae 1 West,M.D.M.,froJn whidl the
Northwesterly cons«·of ScdiaD 24 bears ~orth fI 'ZZ Bast 11.685 c:haiDs and
Mud,.th_SoutJt fBO 3<r West 2.10 chains,South rr 09'West 0.571
c:ha.South 2R'II'East 0.875 eJudDs and South 84-49'Bast 1.959 chains,
to a poiDt fD.the Easterly liDe of said Sed:iou.23,from which the
N~eomer of said secdoll23 bears North cr Zl'East 13.39 chains;
aDd mun1na theuce South 84°49'East 0:r15 chains,South ltf 55'East 2.669
matas,South 37:'30"East 1.445 chains,South 6'i'16'Bast 2.647 chains,and
&7a.tb 1-lev Ba$t ••411 d:Iains to ,the center of the Sh8DIlOn Ro~as'
pI'09ided for in that c:elmm Apeement executed by aDd between Tony J.
1e/~1/2005 12:03 4087773401 K PAGE 17
Escover,et a1,dated March 12,1929 and recorded March 19,1929 in Book
4.50 of Offic.ial Reconls,page 575.
lAJCBI:THBJm:
Non-exdusiVe ri&ht-of-way for ingress and egress,appurtenant to Parcel
1 ber~over a strip of land 40 feet wide,the center line of which is
described IS foDows:
BeJfnniag at a point in the Westerly line of that certain 72.14 acre
traCt deeded to Maimel F.&coYer by deed dated November 1:1,1922 and
~d m.Book 566 of Deeds,page 403.in the 0fIic:e of the County
Recorder of-santa Clara County,CaUfomia,from which po~a comer of the
,Westerly Uno of sajd~~4 aac,traet'bears South 1(r 16'East 9.67 c~
aDd nnmmg then~'-Soirtb 6'r 12".West 1.218 chains,North 1)30 40''West.~~......,
2.148 chain,s,North 1~57 West LI07 c:bain \North fI'18'East 3.153,chains,
Noith S'r8 West 2.324 chains and North 51-58'West 1.005 d1aiDs'to a
poblt from which the Southeasterly comer of'that certain 14.95 acre tract
deeded by Tcmy 1.&coger to William E.Janis by Deed dated May 31,1927
aDd recorded in Book 322 of Omdal Remrds,page 567,in the Office of the
County Ream=-of Santa Can County,Catifomia,bears North 4SO 42'East
3.518 chains,as provided for in tbat certaiD Ap'eoment ezecoted by aDd
between Tcmr J.P.scorer,et aI,dated March 12,1929 and recorded March
19,1929 hi Boot 450 of Officbd Reconfs,page 575.
Plopwty AddreE '1,"15 Shannon Road
U.N.:537-19-001 mel S37.'Z1.{J63
I
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JU~24 1990
TOWH OF L:)S GATOS
Pl.AN~ING·DErARTMENl
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