1982-065-Authorizing Water And Sewer Extension AgreementRESOLUTION NO. 1982 -65
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 Eddie E. Johnson, 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 15th day of March
1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas Je Ferrito,
Marlyn J. Rasmussen, Brent N. Ventura, Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED•
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
i
CLERK JOP THE TOWN OF LO '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 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 "TONS ", and
Eddie E. Johnson, hereinafter referred to as "OWNER ".
WHEREAS:
(a) The Land referred to in this agreement is described in the
attached Exhibit "A" and for brevity is referred to as "LAND ".
(b) OWNER is the owner of LAND, and has 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) OWNER, as a condition of approval of Site and Architecture
Application 5- 81 -41, and in order to permit development consis-
tent with public health, safety and welfare, is 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 Tank Systems:
TOWN hereby grants OWNER 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:
OWNER shall participate in the cost of construction of a permanent
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 agree-
ment, institute special assessment proceedings for installation
of said water or sewer system, OWNER shall consent thereto, shall
not protest said proceedings, and shall pav his share of the cost
thereof assessed to his 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 there-
fore from the TOWN, the OWNER shall bear the same proportional
ratio of the entire cost of extending the water or sewer facili-
ties as the number of building sites on OWNER'S property bears
to the total number of building sites served by the extension.
C. The OWNER shall abandon the septic tank system and his connection
to the private water system at his 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 OWNER of his successors in interest.
4. This agreement shall be recorded, shall run with the LAND and shall
bind the OWNER. and his successors in interest.
Dated:
ATTEST:
� 7
CLERK O HE TOWN OF LOS ATOS
Dated:
(Acknowledgement Required)
TOWN OF OS GA S
By
Mayor
ED IE E JOHNSON
EXHIBIT "A"
DESCRIPTION
Beginning at the point of intersection of the Easterly line oint8e
West '-2 of the West i of the Southeast a of Section 23,
South, Range 1 West, M.D.B. & M., with the Northerly line of Kennedy
Road; thence along said Northerly line of Kennedy Road for the three
foolowingT 'eou�r58s43ndeetsandcSouth 840 00, West `�18.26 feet eto the
rth orth 570 000
73 30
true point of beginning of the parcel of land to be described; thence
from said true point of beginning North 0° 37' East 467.67 feet to a 04' East
stake; thence West 80.60 feet to a stake; thence North 00
501.80 feet to an iron pipe set on the Northerly thence oNorth d8`9°s52'
of the West , of the Southeast a of Section 23;
?lest along said last named line, 165.00 feet to a stake set at the
Northeasterly corner
of that certain tract of land describeedeinM the
24,
Deed from George A. Davies to Conrad E. Bergmann,
1955, recorded June 8, 1955 in Book 3193 of official Records, page 362,
Santa Clara County Records; thence South 00 04' West along the Easterly
line of land so described in the Deed to said Bergmann 550.00 feet to
a stake set at an angle corner therein; thence leaving said Easterlv
line and running East 178.65 feet to a stake; thence South 0° 35' Tr ?est
line a feet to a point in said Northerly line of. Kennedy Road; thence
North 46° 00' EastalonggsaiddNoortherly line line
offKennedyvRoad, North 844 °t
thence continuing
00' East 52.65 feet to true point of beginning.
Containing approximately 2.64 acres of land, as shown upon that certain
Map entitled, "Record of Survey Land of Geo. A. Davies, Santa Clara
Co., Calif. portion of S. , sec. 23 T. 8 S. R. 1 W., P?.D.B. & M" which
1ecor in Book 43 of Maps,
Map was filed for record in the office of the Recorder of the County o
Santa Clara, State of California on April 29,
at page 12.
STATE OF CALIFORNI On this day of _ 4 k P to t� in the year one
COUNTY OF�� th usand nine iundr -d and ,before me,
< s a Notar Public, State of California,
duly conunissiotied and sworn, perspnally appeared
known to me to be the person _ whose name
�G)Q G)2Gy�GavkGraG),DG, ca,GliG);a'sG)-sic" scribed to the within i • run ent and acknow2California
exeadedthesame
Z I JOANN C WEEKS
NESSWIIEREOF vehereuntoseimyhan
NOTARY PI,SLiC CALItO:iNIA
SANTA CLARA COI ATY l in he
My Commission Expires July 12, 1982 the day nd ear in tit ce
�Z° coce�ceoce�ccoc�ce�� .i,�:c�c�c:c�cc�ccocc�s .
insaoco s only a general iOnn ncn aya prop Io se .imono o - y'uso, s r enoea10a Ias s assIVII. neas ceol Notary Public, State
Inep [+sa does not make any 1111.rly _eine expless o Oi aaslo! 'cg 1
r..ia,11.1aly
My conl expires
Cowdery's Form No. 32 — Acknowledgement — General (C. C. See. 1190x)