1978-091-Authorizing Water And Sewer Extension AgreementRESOLUTION NO. 1978-91
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 MICHAEL J. CAVALLARO and JO ANNA M. CAVALLARO, a copy of which
is attached hereto, and that the Mayor is authorized andshe is hereby
directed to execute said agreement in the name and in behalf of the
TOWN OF LOS GATOS.
RESOLVED FURTHER 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 5th day of June , 1978) by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. ferrito, John B.
Lochner, Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS None
ATTEST:
CLERI OF TH ' WN OF LOS GATOS
When Recorded Ma to:
Town Clerk
Town of Los Gatos
Post Office Box 949
Los Gatos, California 95030
WATER AND SEWER EXTENSION AGREEMENT
THIS AGREEMENT, made by TOWN OF LOS GATOS (hereinafter referred to
as "TOWN ") and MICHAEL J. CAVALLARO and JO ANNA M. CAVALLARO (hereinafter
referred to as "OWNERS ");
WHEREAS:
(a) The land referred to in this Agreement is described in the
attached Exhibit "All and for brevity is referred to as "LAND."
(b) OWNERS are the owners of LAND and will install a septic tank
system and will connect 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) OWNERS, as a condition of approval of Site and Architecture
Application No. S- 77 -35, 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
OWNERS 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:
OWNERS 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, OWNERS shall consent thereto, shall not
protest said proceedings, and shall pay their 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 assess-
ment proceedings, after installation and acceptance by TOWN, and within
ninety (90) days of receiving a statement therefor from the TOWN, the
OWNERS shall pay their share of the cost thereof. Toe OWNERS' 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 OWNERS'
property bears to the total number of building sites served by the
extension.
C. The OWNERS 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 OWNERS or their successors in interest.
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4. This Agreement shall be recorded, shall run with the LAND
and shall bind the OWNERS and their successors in interest.
IN WITNESS WHEREOF, the parties have executed this Agreement, in
duplicate, the day of
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
1978.
TOWN OF LOS GATOS
MAYOR
b
OWNERS
' l
MICHAEL J. CAVALLARO
y
J ANNA M. CAVALLARO'
STATE OF CALIFORNIA _ On this ..:5 ��.. . day of... � "1..iL.. .......... in the year or e�isand nine
p y Y
COUNTY OF 1G4C .,C{ .Q�?.G(, } ss'
hundred and ..T6 ............... before me
a Notary Public, Stat�f California, duly Irone�dd d�sworn, p rs�ly
appe ared�t..l�%!r%[:<',��i...�:.... �.."�.. ....: . .....
known to me to be the person 5. whose name _r.......... subscribed to the within
instrument and acknowledged to me that-thel.. executed the same.
OFFICIAL SEAL IN WITNESS WHEREOF I have hereunto set m hand and affixed m
®R�_ EUGENE L. RAYS y, ff y
NOTARY OUBLIC • C.4UFORNIA ' ' y j5f[ /l�l�[YIC /th¢ day and year
offreial seal in the .......................... Count o SANTA CLAP,A CQUNTY in this certificate firs t alwifl¢n.
My comm. expires MAY 26, 1979
otary Public, State of California
My commission expires ....,F..���F.iy�.l �.��.7.....
Cowdery's Form No. 32— Acknowledgement — General (C. C. Sec. 1 190x) O
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That parcel of land in the
Clara, State of California,
A part of the East half of
T. 8 S., R. 1 W., M.D.H. &
described as follows:
EXHIBIT "A"
Town of Los Gatos, County of Santa
described as follows:
the Southeast quarter of Section 23,
M., Santa Clara County Records,
Beginning at a harrow tooth at the point of interd'ection of the
easterly line of that certain 15.43 acre tract of land conveyed
to Cleve F. Shaffer by Deed recorded on February 14, 1944 in
Book 1191 Official Records, page 7, with that portion of the
center line of Kennedy Road nearest the northeast corner of said
15.43 acre tract of land, said center line being the survey for
the extension of Kennedy Road by the County Surveyor of Santa
Clara County during January, 1924, and running thence alone the
center line of Kennedy Road, N. 620 30' 30" E., 35.35 feet;
thence on a curve to the right, with a radius of 200 feet,
through a central angle of 2.81 08' 30" for a distance of 98.23
feet; thence S. 890 21' E. 121.37 feet to a harrow tooth at the
true point of beginning of the following described tract of land:
Beginning at the last named true point of beginning and running
thence along the center line of Kennedy Road, S. 890 21' E. 44.84
'feet; thence on a curve to the right with a radius of 100 feet
through a central angle of 57° 00' for a distance of 99.48 feet;
thence S. 320 21' E. 112.65 feet; thence on a curve to the left
with a radius of 500 feet, through a central angle of 8° 26' 30"
for a distance of 73.67 feet; thence S. 400 47' 30" E. 107.96
feet; thence on a curve to the right with a radius of 100 feet,
through a central angle of 43° 24' 30" for a distance of 75.76
feet; thence S. 20 37' W. 62.90 feet; thence on a curve to the
right, with a radius of 100 feet, through a central angle of 961
00' for a distance of 167.55 feet; thence N. 810 2.3' W. 14.98 feet
to a 3/4 inch pipe; thence N. 80° 23' W. 174.74 feet to a harrow
tooth; thence leaving the center line of Kennedy Road and running
thence parallel with the easterly line of said 15.43 acre tract
of land, N. 20 39' W. 114.99 feet to a one inch pipe at the most
easterly corner of that 0.153 acre, certain spring site as
described in the Deed to F. Parsons, recorded November 12, 1942
in Book 1116 Official Records, page 330; thence continuing along
the same course N. 20 39' W. 364.37 feet to the place of
beginning.