1985-133-Authorizing Agreement For Future Annexation: William B. & Merilyn I. BeanRESOLUTION NC, _l486A3_
R�SOLUTION AUTHORIZING AGREEMENT FOR FUTURE ANNEXATIGN:
WILLIAM B. & M�RILYN I BEAN
RESOLVED, by the Town Council u[ the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF AS DATOS enter into that awl eement for future
aonexation wiih William B. & Merilyn I 8man, a coPy of WHO is attached hereto,
aod that the MaYor is aut"orized, and 1s herebY directed' to execute said agreement
in the name Ond in behalf of the TOWN OF IN 8ATOS.
PA9SED AND ADOPTGD at a --------- ----_------------- meeting of the Town
Cooncil of the To; n of Los 8atos held on the -Ath___ dav of
�YE9: CGUNCIL ANATS10---ferrence J._ Daily, _Thomas _J._FerritO,____
Brent N. Ventura, and Mayor Joanne Benjamin
... ... .... �........ . - I I
SIGNED: -~----
LOS 9174
--
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{ PLEASE RECORD AND RETURN:
TOWN CLERK
P.O. BOX 949
LOS GATOS, CA 95031
NO FEE
GOVT CODE 6103
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AGREEMENT
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WHEREAS, William B. Bean & Merilyn I. Bean are joint owners of Lot 2 of Tract,,
4665 located in a subdivision commonly known as Montezuma Hills, Tax Appraiser's
No. 532 -26 -079 more particularly described by Exhibit "A" attached hereto and
incorporated by reference herein;
WHEREAS, said property is located in the County of Santa Clara; and
WHEREAS, said property falls within the Zoning Ordinance CS -12, Article 34; and
WHEREAS, the Town of Los Gatos desires said property to be annexed into the Town
of Los Gatos; and
WHEREAS, Article 34 provides that the County may issue a Use Permit if it is
found "the property is not contiguous to a City boundary and the public health
and safety will not be endangered by the lack of City services and that the
proposal will not interfere with the orderly growth of the City and the efficient
and economic utilization of community resources "; and
WHEREAS, Article 34 requires that the applicant has exhausted all means of
possible annexation other than application to the local agency formation
commission, the property is not contiguous to a city boundary, and the public
health and safety will not be endangered by the lack of city services, and that
the proposal will not interfere with the orderly growth of the city and the
efficient and economic utilization of community resources; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
In consideration of the Town acknowledging to the County of Santa Clara that
William B. Bean & Merilyn B. Bean have exhausted all avenues of annexation and so
far as the Town of Los Gatos is concerned, complied with the Article 34
heretofore referred to, William B. Bean and Merilyn I. Bean hereby agree that
said property heretofore described may be annexed into the Town of Los Gatos when
and if such annexation is possible, either by a change in the present annexation
laws or the annexation of contiguous properties to the above- described property.
It is further agreed by the above -named persons that such annexation agreement
will be binding upon their heirs, successors and assigns.
It is further agreed by the above-named parties that this agreement or memorandum
of such agreement will be recorded in connection with the above-described
property.
Dated
Dated"
Dated- �,- &) - - ��
Approved as to form:
Mary Jo Levinger
Town AttoH)ey, I
ATTEST:
Town U1 erK
A111
,��'Meri lyneK' Bean
TOWN OF LOS GATOS
BY k-
/7
EXHIBIT "A"
The following real property in the County of Santa Clara, State of California
described as:
All of Lot 2, as shown upon that certain map entitled, "Montezuma Hills,
Unit No. 2, Tract No. 4665 ", which Map was filed for record in the office
of the recorder of the County of Santa Clara, State of California on July
28, 1976, Book 375 of Maps, at Pages 30 and 31.
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RESOLUTION NO"
RESOLUTION AUTHORIZING AGREEMENT FOR FUTURE ANNEXATION.
WILLIAM B. & MERILYN I. BEAN
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clarav
State of California, that the TOWN OF LOS GATOS enter into that agreement for future
annexation with William B. & Merilyn I" 8eanv a copy of which is attached hereto,
and that the Mayor is authorized, and is hereby directed, to execute said agreement
in the name and in behalf of the TOWN OF LOS GATOS"
PASSED AND ADOPTED at a l ------------- meeting of the Town
Council of the Town of Los Gatos held on the day of ~� t~~~~-~~~-~-r
1985, by the following vote:
Terrence J Dail Thomas J F2rrit0
AYES: COUNCIL MEMBERS___ J.
Brent N. Ventura, and Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS ... None
ABSTAIN: COUNCIL MEMBERS __None
ABSENT: COUNCIL MEMBERS --- Eric-D.-Carlson
` SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
/s/ Rose E. Aldag (seal)
CLERK OF THE TOWN OF LOS GATOS
AGREEMENT
WHEREAS, William B. Bean & Merilyn I. Bean are joint owners of Lot 2 of Tract
4665 located in a subdivision commonly known as Montezuma Hills, Tax Appraiser's
No. 532 -26 -079 more particularly described by Exhibit "A" attached hereto and
incorporated by reference herein;
WHEREAS, said property is located in the County of Santa Clara; and
WHEREAS, said property falls within the Zoning Ordinance CS -12, Article 34; and
WHEREAS, the Town of Los Gatos desires said property to be annexed into the Town
of Los Gatos; and
WHEREAS, Article 34 provides that the County may issue a Use Permit if it is
found the property is not contiguous to a City boundary and the public health
and safety will not be endangered by the lack of City services and that the
proposal will not interfere with the orderly growth of the City and the efficient
and economic utilization of community resources "; and
WHEREAS, Article 34 requires that the applicant has exhausted all means of
possible annexation other than application to the local agency formation
commission, the property is not contiguous to a city boundary, and the public
health and safety will not be endangered by the lack of city services, and that
the proposal will not interfere with the orderly growth of the city and the
efficient and economic utilization of community resources; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
In consideration of the Town acknowledging to the County of Santa Clara that
William B. Bean & Merilyn B. Bean have exhausted all avenues of annexation and so
far as the Town of Los Gatos is concerned, complied with the Article 34
heretofore referred to, William B. Bean and Merilyn I. Bean hereby agree that
said property heretofore described may be annexed into the Town of Los Gatos when
and if such annexation is possible, either by a change in the present annexation
laws or the annexation of contiguous properties to the above- described property.
It is further agreed by the above -named persons that such annexation agreement
will be bindinq upon their heirs, successors and assigns.
t
It is further agreed by the above -named parties that this agreement or memorandum
of such agreement will be recorded in connection with the above- described
property. i i
Dated
am u.
Dated
=— M rI yn Bean
,w
Dated �,- 104 -4L
Approved as to form:
Mary n Ley) ng_e,'r
Town Attorhey —'
ATTEST:
Town er
- 2 -
TOWN OF LOS GATOS
BY : /; lq 1" i -�- L_1±t--
r
EXHIBIT "A"
The following real property in the County of Santa Clara, State of California
described as:
All of Lot 2, as shown upon that certain map entitled, "Montezuma Hills,
Unit No. 2, Tract No. 4665", which Map was filed for record in the office
of the recorder of the County of Santa Clara, State of California on July
28, 1976, Book 375 of Maps, at Pages 30 and 31.
Z -