1982-064-Authorizing Water And Sewer Extension AgreementRESOLUTION NO. 1982 -64
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 WALTER CHARLES AND ZAIDA R. HACKETT,
a copy of which is attached hereto, and that the Mayor is author-
ized, and he is hereby directed, to execute said agreement, and he
is 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 15th day of March ,
1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
A4arLyn J. Rasmussen, Brent N. Ventura and Peter W Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF , PS GATOS
RECORDING REQUESTED BY:
Town of Los Gatos
WHEN RECORDED MAIL TO:
Town Clerk
Town of Los Gatos
P. 0. Box 949
Los Gatos, California 95030
NO FEE -GOV. CODE SEC. 6103
WATER 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 WALTER CHARLES
HACKETT and ZAIDA R. HACKETT, hereinafter referred to as "OWNERS"
WHEREAS:
1. The land referred to in this agreement is described in the
attached Exhibit "A" and for brevity is referred to as "LAND"
2. OWNERS are the owners of LAND and have installed and connected
to a private water system in order to provide temporary water service
for LAND.
3. It is probable that at some future date water 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.
4. OWNERS, as a condition of approval of Site and Architecture
Application No. S- 78 -27A, and in order to permit development consistent
with public health, safety, and welfare, are required to connect to
said water main when installed.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Permission to Utilize Private Water System: TOWN hereby grants
OWNERS permission to utilize said private water system to provide temporary
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water service to LAND.
2. Future Payment of Share of Water System Extension Costs:
OWNERS shall participate in the cost of construction of a permanent water
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 water 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 system is installed within twenty
(20) years of the date of this agreement without special assessment
proceedings, 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 water 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 their connection to the private
water system at their own cost and connect to the permanent 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.
4. This agreement shall be recorded, shall run with the LAND, and
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shall bind the OWNERS and their successors in interest.
DATED:
ATTEST:
TOWN OF-LOS GATOS
By &ei.-
'Mayor
TOWN.
6,
CLERK OF THE TOWN UP Lf GATOS
DATED: 5--1 K- ?/
DATED: -5` Z -:! - E /.
SUBSC,MBEED AND II3� DLEFORE ME
THIS 3
77--
NOTARY PUBLIC - Cf.rIF, ff,41A
J
r=
Y
MY Commission /,Uv 3, 1052
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All that certain property situate in the Town of Los Gatos, County
of Santa Clara, State of California, described as follows:
PARCEL ONE:
BEGINNING at a point on the Westerly line of that certain 15.94
acre tract of land described in the Deed from Arthur C. Cushman,
et ux, to Irving James, et ux, recorded April 26, 1946 in Book
1350 of Official Records, page 177, Santa Clara County Records,
distant thereon South 0 °08'10" East 311.08 feet from an old stake
marked T. W. E. 2 at the Northwesterly corner thereof, said point
of beginning also being in the center line of a 40.00 foot easement
hereinafter described; running thence along the center line of
said 40.00 foot easement the following courses and distances:
North 88 °02' East 94.17 feet, South 80 °04'30" East 52.32 feet,
South 62 °46'30" East 274.92 feet, South 13 °59' East 100.43 feet
South 7 °12' West 133.28 feet, South 41 °13'30" West 34.71 feet
and South 86 °38' West 70.11 feet; thence leaving the center line
of said 40.00 foot easement and running South 0 °17' East 133.07
feet to a 3/4" iron pipe; running thence North 89 °42' East 187.37
feet to a 3/4" iron pipe on the Easterly line of said 15.94 acre
tract; running thence South 0 °18' East along said last named line
635.58 feet to a 1" iron pipe at the Southeasterly corner thereof;
running thence South 89 °33' West along the Southerly line of said
15.94 acre tract, 500.28 feet to the Southwesterly corner thereof;
running thence North 0 °08'10" West along the Westerly line of said
15.94 acre tract, for a distance of 1168.64 feet to the point of
beginning, and being a portion of the East 1/2 of the Northwest
1/4 of Section 23, Township 8 South, Range 1 West, M.D.B. & M.
EXCEPTING THEREFROM the following described parcel of land:
BEGINNING at a point in the Southerly line of that certain 15.94
acre tract of land described in the Deed from Arthur C. Cushman,
et ux, to Irvin James, et ux, recorded April 26, 1946 in Book 1350
of Official Records, page 177, Santa Clara County Records, distant
thereon South 89 °52'00" East 220.28 feet from the Southwesterly
corner of said 15.94 acre tract; thence from said point of beginning
South 89 °52'00" East along said Southerly line of the 15.94 acre
tract for a distance of 280.00 feet to a 1 inch iron pipe set at
the Southeasterly corner thereof; thence North 0 °09'30" East along
the Easterly line of said 15.94 acre tract for a distance of 269.95
feet to an iron pipe; thence leaving said last mentioned line and
running South 74 °30' West 50.13 feet to an iron pipe; thence
Southwesterly along an arc of a curve to the left, tangent to the
preceding course, with a radius of 155.00 feet, through a central
angle of 49 °45'00" for an are distance of 134.59 feet to an iron
pipe; thence South 24 °45'00" West 65.85 feet; thence Southerly along
an arc of a curve to the left, tangent to the preceding course,
with a radius of 20.00 feet, through a central angle of 28 °53'50"
an arc distance of 10.09 feet; thence on a reverse curve to the right,
with a radius of 50.00 feet, through a central angle of 132 °44'20"
for an arc distance of 115.84 feet; thence South 21 °00'00" West
63.31 feet to the point of beginning.
- EXHIBIT "A" -
STATE OF CALIFORNIA ZSA /`
COUNTYOF n._C ATP\.......... ss.
"j
On this �"�.. day of Qm..' ... to the year one thousand nine
hundred andT. `! . �^)�.. before me No- zmk}�� "t -cam
a Notary Public, Mate of California, duly commissioned and sworn, personally
appeared ........... A.l f.(. i ...... ...............................
... ................................................................................... I..............................
known to me to be the person..... whose name .... �. :..... subscribed to the within
instrument and acknowledged to me that ..... he..... executed the same.
IN WITNESS WHEREOF have hereunto set my hand and affixed my
official seal in the......... .......................... County the day and year
in This certificate first ap ve written. 1
... ...............................
Notary Public, State of California
My commission expires .... �.�.�. �.
Cowdery's Pone No. 32 — Acknowledgemcr.t-General (C. C. Sec. I I90a)
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"+ti
STATE OF CALIFORNIA On this ...... . ......... day of ..... .. .?..........�..�...�in they r one thousand nine
ss. hundred andZk' � -L: O.N� before me, .......iW......... �.�.`.S�t7. ......
COUNTY OF�:,�P:�r!.1�.... t��:P........... +...
a Notary Public, State o f a t f or a
ia, duly commissioned and sworn, personally
appeared " ' f'.%ox= rr .................... ...............................
NOi�Fr
............................................................................................... ...............................
known to me to be the person..... whose name .... 1..— �....... subscribed to the within
instrument and acknowledged to me that ..She..... executed the same.
IN WITNESS WHEREOF have hereunto set my hand and affixed my
t x
official seal in the ..... .............. County of- AIJ.Ifi c/3. the day and year
in this certificate first ab written
�ih.'
Notary Public, State of California
My commission expires r?eA.'',1..:.. Z.�.!. f. f��.l ...................
Cowdery's Form No, 32— Acknowledgement - General W. ('. Sec. 1 190x)
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