1986-051-Authorizing Water And Sewer Extension AgreementRESOLUTION N0. 1986 -51
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 Loyde Paradise, 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 21 day of April , 1986 by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrite,
Brent N. Ventura, Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
None
Eric D. Carlson
SIGNED: 7a,� `
CLERK OF THE �TOIII F Lam" GAT OS
"
RECORDING REQUESTED BY:
Town of Los Gatos
WHEN RECORDED MAIL TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, California 95031
NO FEE - GOVERNMENT CODE SECTION 6103
SEWER AND WATER EXTENSION AGREEMENT
THIS AGREEMENT, made by TOWN OF LOS GATOS (hereinafter referred to as "TOWN ")
and LOYDE PARADISE (hereinafter referred to as "OWNER ").
WHEREAS:
(a) The land referred to in this Agreement is located at 15294 KENNEDY ROAD,
LOS GATOS, CALIFORNIA 95030 and 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 proceedings or other means.
(d) OWNER, as a condition of approval of 15294 KENNEDY ROAD Application No.
S- 84 -42A, and in order to permit development consistent with public health, safety
and welfare, are required to connect to said water main and sewer main when
installed.
THEREFORE, the parties agree as follows:
1. Permission to Utilize Septic Tank System: TOWN hereby grants OIJNER
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 this Agreement,
institute special assessment proceedings for installation of said water or sewer
system, OWNER shall consent thereto, shall not protest said proceedings, and shall
pay his share of the cost thereof assessed to their 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 TOWN, and within ninety (90) days of receiving a
statement therefor from the TOWN, the OWNER shall pay their share of the cost
thereof. The OWNER'S share shall bear the same proportional ratio of the entire
cost of extending the water or sewer facilities 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 their connection to the
private water system at their 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 or his successors in interest.
4. This Agreement shall be recorded, shall run with the LAND and shall bind
the OWNER and their successors in interest.
IN WITNESS WHEREOF, the parties have executed this Agreement, in duplicate,
the me day of 'J y— 1986.
Date:
Date:
Date:
Date: -4/—/9— 6116
Date:
TOWN OF LOS GATOS
MAYOR
ATTE�
TOWN CLERK
APPROVED AS TO FORM:
G
OWN A
TOR E
REC D7,r
30VAL:
NEER
OWNER
LOYDE PARADISE
EXHIBIT "A"
All that real property situate in the Town of Los Gatos, County of Santa
Clara, State of California, described as follows:
Beginning at an angle point in the center line of Kennedy Road,
at the Northeasterly terminus of that course "N 56' 59' 52" E
124.30 feet" as shown on that Record of Survey Map filed in Book
373 of Maps at Page 55, Santa Clara County, and proceeding S 57"
00' 10" W 124.23 feet along said center line (record S 56° 59'
52" E 124.30) to a point on the Northerly extension of the
Easterly line of the Lands of Herzog as described in deed
recorded in Book 9265 Page 356, Official Records of the County of
Santa Clara; thence Southerly along last said line 276 feet more
or less to a point on the Northerly line of the Lands of Fluer
and described in deed recorded in D 159 Page 378, Official
Records of Santa Clara County; thence along the last said line
the following three courses: S 40" 09' 22" E 42.87 feet; N 51'
00' 32" E 54.04 feet; S 49" 32' 16" E 44.69 feet;thence N 69' 52'
45" E 166.89 feet;thence N 73° 51' 55" E 129.02 feet;thence N 56'
48' 35" E 100.67 feet;thence N 290 14' 20" W 59.78 feet;thence N
53" 18' 30" W 108.53 feet;thence N 75' 32' 48" W 169.26;thence N
01' 41' 03" W 27.57 feet;thence N 17' 43' 37" W 29.89 feet;thence
N 10' 00' W 20.00 feet to the center line of Kennedy Road;thence
S 80' 02' 02" W 72.41 feet to the point of beginning, containing
2.607 acre more or less, excluding from the above description
that area within the boundaries of Kennedy Road, said road being
a public right -of -way approximately 40 feet in width, with an
area of 0.093 acres more or less.