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1982-192-Authorizing The Execution Of An Annexation AgreementRESOLUTION NO. 1982 -192 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 Maclyn Morris and Mildred Morris concerning annexation. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting held this 25th day of October 1982, by the following vote: AYES: COUNCIL MEMBERS Rasmussen Peter Ruth Cannon, Thomas J. Ferrito, MarLyn J W. Siemens and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: ABSENT: COUNCIL COUNCIL MEMBERS MEMBERS None nnrp SIGNED: � �,y� -°'_ MAYOR 1�F THE OWN 0 LOS GNTOS ATTEST: CLERK�P TH TOWN OF LOS GATOS�i Recorded at the request of: TOb9N OF LOS GATOS No Fee, Gov. C. 6103 When recorded, mail to: Town Clerk Town of Los Gatos P. O. Box 949 Los Gatos, CA. 95031 h1` �. • ala ia This is an agreement between Maclyn Morris and Mildred Morris, his wife, (Owner) and the TOWN OF LOS GATOS (Town). It is made with reference to the following facts. The Owner owns land (the Property) in the sphere of influence and urban services area of the Town. The Property is now in the unincorporated area of the County of Santa Clara. It is described in the attached Exhibit A. The Owner was the applicant for approval of a single family dwelling on the Property in County of Santa Clara proceeding 1625- 34- 50 -82G. The County approved the application. One of the conditions of approval requires the applicant to enter an agreement with the Town, to annex the Property to the Town. This is that agreement. The parties acknowledge that the proposed development is one which will require various urban municipal services, so that it is desirable and consistent with the County of Santa Clara General Plan that those services be provided by an incorporated city. Owners, however, wish to proceed with the construction on the property under the provisions of applicable County ordinances. Therefore, the parties agree to proceed as follows: The Owner (if he has not already done so) agrees to petition imTe- diately for annexation of the Property to the Town and to cooperate in every way with the Town and the other governmental agencies involved to accomplish the annexation. The Town agrees that the Owner or his successors in interest may at any time before the annexation is complete obtain from the County of Santa Clara building permits for a dwelling on the Property, and that the County may inspect the construction work and administer the permits to com- pletion. The Town agrees to process the annexation application promptly, and if it determines that the annexation is one that should be approved, to submit it to the Local Agency Formation Commission for approval. The Owner agrees that neither he nor his successors in interest will obtain final inspection of, nor seek nor be issued occupancy permits for the dwelling on the Property until the annexation is conplete, and that he and his successors in interest will do everything that they rea- sonably can do to complete the annexation. However, if the annexation is delayed through,no fault of the Owner or his successors in interest, any person who then has an interest in the Property will be entitled to have a hearing before the Town Council to show (1) the reason for the delay, (2) why final inspection should be made and an occupancy permit issued, and (3) how performance of this agreement can still be adequately secured. The parties understand that the matter of approval of the annexation is subject to both determination by the Local Agency Formation Canni.ssion and discretion of the Council of the Town of Los Gatos, which discretion can only be exercised in the manner prescribed by law after review of all of the facts known at the time the Council makes its decision. Therefore, this agree ent cannot constitute a promise by the Town to annex the Property. The parties agree that if the Council does not pranptly approve the application or the Local Agency Formation Commission does not, by December 31, 1983, approve it, this agreement will have no further effect. This agreement runs with the land and is binding on the Owner's suc- cessors in interest, but when the annexation is accomplished, this agreement shall be of no further effect. I DATED: 0'_ DATED: / - �: " ? L -2- TOWN OF LOS GATOS %! MAYOR STATE OF CALIFORNIA ) SS. On .�T-T, ca 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared MACLYN NDRRiS and MILDRED MORRIS, ]mown to me to be the persons whose names are subscribed to the within instrLm ent and acknowledged that they executed the same. jWITNE,SS my hand and official seal. �L1'�L•5✓ �. ��G.IJ -3- NOTARY POS UC- CALIFC)'�NIA t m. PRINCIPAL OFFICE IN /R SANTA CLARA COUNTY sAy Cpmmib310n £tp res "pt. 21 1 �'U Zw [ �YAMM +tFRnygdYtl'F6Y3RCCYPId^_46LGN MX'Y f11:87ekXSid E';b mm A. _. The following described real property in County of Santa Clara, State of California: Lot 6, Tract No. 5502, filed March 28, 1980 in Book 461 of Maps, at pages 16, ` 17, and 18, Santa Clara County Records. And as corrected by that certain Certificate of Correction recorded April 23, 1981 in Book G 042, page 726, Official Records.