1978-181-Authorizing Water And Sewer Extention AgreementRESOLUTION NO. 1978 -181
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 JOHN CLARKE and DOROTHY
CLARKE, a copy of which is attached hereto, and that the Mayor is authorized and
she 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 20th day of November , 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
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
ATTEST:
CLERK OF TOGO` OS GATOS
When Recorded Mai_ To:
TOWN OF LOS ' Ai IS
P. 'j. Box 949
Los Gatos, Cali =ornia 95030
NO FEE
Gov. Code Sec. 5133
WATER AND SEWER EXTENSION AGREEMENT
THIS AGREEMENT, made by T0WN OF LOS GATCS (hereinafter referred to
as "TOWN ") and JO.N H. CiARKE and DCROTHY E. CLARKE (hereinafter referred
to as "OWNERS").
WHEREAS:
(a) The land referred to in this agreement is described in -he attached
Exhibit "A" and for brevity is referred to I(s "i,AND"
(b) OWNERS are t_e o`;,ners of LAND and hake installed a septic tank
system and connected to a private water system in order to provide ternporary
.,eater and sanitary service for LAND.
(C) It is Droba.7le that, at som—, futL:re date, sewer and water ' ?rains
and r _ated aC1'.l 1.1.1 be In ta11cC in an easement or publiC right -Of ^iay,
adjacent to LAND, by special assessment proceedings or other means.
(r) "WNERS, as l condition of approval of Santa Clara County fo.nd
Development Application No. 77 R 11.734 and 77 G 11.2132 and in order to
rmlt °_Ve10 eni YolIsistent e6iih puhlil_ .calth, SdfeCy an eif are re
regUired to Cor' "C:i)t to said Water main and sower main when
`l E 1r71-i6b A "'PEL A1`'
i. Per(n -Sion co Utiljae 9eDti,, Tank System: TOWN hereby grants
r'.iPIEF:`' Ferm'.SS_Cn to utilizL said private water system and said Sept ic ta;ilC
syst( -.m to pro`!Ld : ":',^1JOra ry ',rater and sanitary Service to LAND
2. Future PaymFnc of Share of Seo..er and �nVater System Extension Ccsts:
OWNERS shall participate in the cost of construction of a permanent u;ater
system and sehjer system 1_o serve LAND in one of she foi.cwing ,canners:
A. In the event TOWN shall, within 20 years of the date of this
agreement, institute special assessment proceedings for
lnstaiiaLion of said water o'p sew(,r system, OGd.dERo 8ha11
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 sewor systems are installed aiIlin
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 OWNERS shall pay their share of
the cost thereof. The OWNERS' share shall bear the same proportional
ratio of the entire cos' of extending the Plater or surer fac111tios
as the number of building sites on OWNE_PS' property gears 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 permanenL sewer main and water system 'Within
ninety ( 90) days after notice from TOGN that permanent fac:iLities
are available.
1. This agreement shall not prevent challenge of the assessment fcrmula
by Che OWNERS or their successors in interest.
-1 -
4. This agrea_snt shall be recorded, Sla'_L run „ -th the LAND end
shay bind the :;1NEY,5 and their successors -in interest.
IN S^IJTi' SS 'j'TER.E -'I', the parties clave exec_uCed this agreement, in
duplicate, the 3rd o- 'November 1`3178.
ATTEST:
/S/ Jo James (seal)
r i,ER, (F TIIL 1c:I;1[d (A !r -S "A'l`6S
STATE OF CALIFORNIA
..... Count, of 138.
^dTi CI LOS GATOS
! +y /S/ Mardi Gualtie
MAYOR
rC ^IiI .
wRXU\l H. CLARKE
DOROTIiY E. C.,ARKE
On
... .... 19---, before me
a '� Mary PubAc in and /or said State �_
wro,
k'
personally appeared__ ,+ r __ jqa OFFICIAL 3EAL.
_. S
HARRY G AU
� � P RRA`f
_. t10TARe PU3LIC CJ..IFOMiA
- _._._known to me to be the person name - PNIYCItAt. Or
IN
to the within instrument, and acicnotuledged to me that ; -_he.. , executed ,eubsc>ibed - SA.P s 0 G8, 1' l
cuted the same. a M1 C¢mmlosion Exp„es Ocy, g i-y$ e
;ilq CO n]Atiegion ez it � °"°�fl"`•
P cs_. _._...........
........._... ...........
Notery Public._......._.........._
':hose rnreclr, o- in `,he Ccunty of .;antes Clam St to
of Califci^nia, <'._ :;crihe as folloun
A portion of tale Northea nt 1 /(a of the Southwent 1/4 and the
eat 112 of t`.le "cutheant 1/4 of Section. 23 Township 8 South,
F.anFe 1 West, '!. 1), B. & N., and also being; a portion of the
10.05 acre narcel of' land doli ^.ent:e on the t!.an (,)f' Pecord o!'
:purvey Of land of Goo. A. DrlIIIiP:> on file in I'.Ook 43 Of Maps,
page 12, .,anta Clara County i ?ecor <! and described as follet;n:
Cercrencin- at a ntal :e set in the 1lortt;erly line of the south -
cst 1/11 of .:eio section 23, diat•nt ',;hereon N. 891 52' Fd
1184.3 feet fron a 1 inch pipe net in tite center of paid Section
23, said point of cop: ^encenr.nt t,einr; the Northeaster"-, corner
of the 2.95 acre --reel of lct:tci described In the need to V.
;button, et uY, recor,'-d April ltl, 1 5!1 in I3co[; 2353 Official
Records, paF;e !136; thence from Bald point of cornenecment 1°
1'i0' W. Mon; the Easterly lin• of paid 2.95 acre parcel, 2311.9
feet to :a nt,};e at the en: :tci�ly conr:on corner for said 2.9
acre parcel and tt:e 2.89 acre parcel of land described in the
a.e:i to y :ttc�r., -at us, _cordcJ October 28, i1j�} in i:oo,'-
Official ecorc ?n, Pa fie � -3t +; thence s. alone the
Eant er';7 Nine or ^aid 2.59 acre parcel, 9.10 feet to the actual
oint of be ':...ir of this ;!e cr1.;;ticn, said actual point cf
hePinnin;; t,(' 1 the Southilesterly corner of the Parcel of land
dc— crib ed in zl:e Peed to Pen ?ti��;'i0, P.t uX, recorded 3 ^nuary
19F;6 in P.00 }c ;2G Official i ?ecor: ±:t, pare_ 116; thence from :paid
point o^ he;r'n.ninr-, S. 1° 59' W. aloe the i.aaterly line of ..r:id
2.89 acre aree_. 22�
P. �, �.>6 feet to the Southeasterly torncr there-
of; thence aloe, the exterior he.;ncL._'i'n of sal-1 1C.Or acre P.rccl,
Frst 2100 feet, .,cuth 75.5 f-nt and .7:a ^,t 330 feet to an r.nele
»pint in the center line of ';,!)e 60 foot strip of land dencritied
In the Deed to Pudolph Nlc!loln, et u::, recorded ,January 22, 11.?57
in Eooi: 3712 iiC ^±cial I'ecords, pate 368; thence alone the center^
line of swirl Go foot strip of land an follows: td. 220 7' W. 67.72
feet ; ,long '!!t' arc o^ a cu rve to the left havini, a radius of 75
ect, rout;!1 an angle of 8i° ts3', an arc distance of 101.8? feet;
:lor, :. tale. C" ;ever „e c +: rc t:o t:hc right havinf- a radio: of
.75 f—I*, t':rrn:Ph an anfl.e Of l0i° 24', an arc distance of �123,t ;1I
i(:et ;1i1(i t`,cnC'_ '!. ' 4,�)5.,(ez�t to the Southeasterly
eor'nCr Of .. ^,aiC i!Ic” o parool; thonctl 801 211 118" H. aloe,:, the
F outherly
."n.-, Parcel 3G3.89 feet to the point ef
�'cl;lnnlnr„
- EXHli3IT "A" -