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.
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NOTARY POS UC- CALIFC)'�NIA
t m. PRINCIPAL OFFICE IN
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SANTA CLARA COUNTY
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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.