Martin, Edward - Sanitary Sewer Service
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DOCUMENT: 13624000
Titles 1/ Pages 10
.0013624000.
Fees
Taxes
Copies
AMT PAID
34 00
34 00
RECORDING REQUESTED BY
Gilroy City Clerk
Fee Exempt per Government
Code Section 6103
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE "* 012
2/27/1997
849 AM
WHEN ~~9f.R~2. RETURN TO
Susanne !(.JJllldE, City Clerk
City of Gilroy
7351 Rosanna St
Gilroy, CA 95020
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AGREEMENT FOR SANITARY SEWER SERVICE
THIS AGREE1'vIENT, made and entered into this~day ofNovernber ,~996 by and
bet \vccn the City of Gilroy, a Municipal Corporation, hereinafter referred to as the "City". and
Edward L Martin as to Parcels APN# 783-31-1,2,3,4,5,6,7,8,9, 10,12, and 17
101 Green ValIey Dr. Gilroy, CA 95020
Ron and Ophelia Perez as to APN# 783-31-11. 10767 Green ValIey Dr. Gilroy, Ca 95020
Jcffand Pam Martin as to APN# 783-31-15. 101 Green ValIey Dr. Gilroy, CA 95020
t\'lichad L Martin as to /\PN# 783-31-16 101 Green ValIey Dr. Gilroy, C A 95020
ht~l\~illaner referred to as "O'..\i1cr",
WITNESSETH
WHEREAS, th~ Owner desires to utilize the wastewater transportatic,n and trC:1tm~nt
facilities of the City for proper1y located outside the City limits; and
WHEREAS, the Santa CI~:fa County Environmental Health Department in accordance
with the: City Enginc':.'f have d~te!':niccd that sanitary sewer service for the sllbject property is
necessary to pn,tn:l tl1.... health ~lI!d safety of the area rcsid~nts: and
WI-Il'.RL\S, tk.' City in cUlijun'~tioll with the Cit~! of Morgan I--!ill. though the South
County Regional WastC\\atcl r\Ud1Ority, haS and is operating a sanitary sewer system so situated
and of sufficient capacity to tr,,:J~port and treat the wastewater from the Owners' property; and
WHEREAS, The City operates said sanitary sewer plant in conjunction with the City of
Morgan Hill, through the South County Regional Wastewater Authority, and enters this
Agreement with the approval of the South County Regional Wastewater Authority and through
separate agreement, the City has the right to enter into this Agreement; and
WHEREAS, the property consi~>:I}~ separa~e parcels ~wned by those persons
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Identified above; ry,1 t/~ rf~ Clf/)JiY""-
NOW, THEREFORE, for and in consideration-oMe promises herein and for further good
and valuable consideration hereinafter set forth, IT IS MUTUALLY AGREED BETWEEN THE
PARTIES AS FOLLOWS
SECTION I The property of the Owner proposed to be connected to the City's sanitary
sewer system, at a point approved by the City Engineer, shall be that area in a territory located
outside the City and described on Exhibit "A", attached hereto and made a part by reference.
SECTION 2 The Owner may discharge wastewater into the City's sanitary sewer system,
from the property described in Section 1 hereof, upon condition, however, that no waste oil, acid
and other matter that may be detrimental to the treatment process employed in the City sanitary
sewer system, nor any storm or ground waters, shall be permitted to be discharged into said
connecting line, or lines. If any permitted discharge through said sanitary system is contrary to
limitations provided in this paragraph, the City may make such repair, mitigation or maintenance
work at the expense of the Owner and the Owner agrees to pay the expense of such repair,
mitigation or maintenance work immediately upon demand from City. Further, the Owner shall
comply with all codes, ordinance or policies relating to sanitary sewer service within the City of
Gilroy.
SECTION 3 - Prior to the issuance of a building permit by Santa Clara County, Owner
shall pay to City the then current connection fees charged by City for sewer connections. Owner
shall include in the submittal to the County Building Ofiice, specifications for the connection to
the sanitary sewer lateral. Owner shall construct the sanitary sewer connection in accordance with
the codes, ordinance and policy of the City then in effect. Every lot, not yet developed, shall be
required to pay the sewer connection fees and connect to the City sanitary sewer prior to the
issuance of a building permit and commencement of construction.
SECTION 4 Owner shall prepare plans and specifications for installation of a sanitary
sewer collection system which shall be subject to approval of the City Engineer. The Owner shall
install public sanitary sewer mains in the public street, in an existing public service easement or in
an approved easement with an all weathcr maintcnance road granted to the City, from the
Owner's property to the existing public sanitary sewer systcm in accordance with then cxisting
City standards. In addition, charges shall be paid as follows:
A. Application fcc to the City Planning Department for the processing of the Out
of Agency Request for LAFCO.
B A plan check fee based on approved Engineer's estimate for checking plans for
sanitary sewer collection system
C An inspection fee based on approved Engineer's estimate of construction cost
for inspecting construction of the public sanitary sewer collection system.
D. A lump sum payment, based on the then current connection fee, for any
existing residences that connect to the system at the time of the construction of the lateral. All
other construction shall pay the connection fee as described in Section 3
E A monthly service charge to reimburse the City for treatment cost and
maintenance of the sewer collection systcm serving the property. Said service charge shall be
consistent with in City fees unless ordered by ordinance or resolution
F. Owner shall reimburse City for any cost that is a direct result of extending the
public sanitary sewer system to the property of the Owner to the extent such costs are not
otherwise covered herein
G. All fees, including but not limited to the Sewer Development Fee customarily
charged by City in connection with residential development, will be collected according to the fee
schedule in force at the time of the collection of the fee
SECTION 5 The Owner shall dedicate all newly constructed public sanitary sewer
facilities to the City, not including private building laterals, in exchange for permission to
connect to the City's sanitary sewer system
SECTION 6 It is understood and agreed that the City will own and maintain all public
sanitary sewer systems, excluding private building laterals, installed by the Owner which are
inspected and approved by the City. Further, the City shall not be liable in any way for the acts of
God or any other act, or acts, beyond the control of the City which may in any way cause
interruption or discontinuance of the sanitary sewer service provided hereunder.
SECTION 7 The Owner specifically agrees that all maintenance on the private sewer
lateral from the Owner's premises to the public sewer main shall be the Owner's responsibility
Owner shall keep the private sewer lateral in good condition, and shall promptly repair the same
following damage or disrepair.
SECTION 8~ This Agreement shall be terminated and the City shall discontinue service,
upon the Owner's breach of or failure to timely perform any of the terms of this Agreement
SECTION 9 The Owner further agrees that in the event that an annexation proceeding be
initiated, which includes property described in Section I of this Agreement, the Owner will not
object to inclusion in an annexation, and will support said annexation.. Owner agrees to fully
cooperate with City in filing for and processing annexation requests and shall execute all
documents reasonably requested by City in connection with the annexation of any portion of the
1/111
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15(}I1lots of the subdivision described in Exhibit "A" and not be extended to any additional
d2 J J LId' , , f' 'd
@;?'O,. s't/x IVISlon 0 Sa! property
:..-;,L..?,{).(;\,,'\.. SECTIONR This Agreement shall be binding upon any successors, heirs, or assigns of
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property which is the subject of this Agreement, at Owners' cost
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SECTION 10.... Owner further agrees that this Agreement shall only apply to the original
the Owner.
SEcrION 12 The parties agree that this Agreement for Sanitary Sewer Service shall be
recorded in the oflice of the County Recorder of Santa Clara County, California, at Owner's cost
and that the provisions contained herein relative to the real property described in Exhibit" A" shall
operate as covenants and restrictions thereof
SECTION.J...l. This Agreement shall be null and void and any lien or cloud on title shall be
released upon annexation of subject property to the City of Gilroy, notice of which will be
recorded.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement the
day and year first <:bovc written
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Edward L Martin
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R.onif1per~~, .,& Oph a Perez
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Michael Martin
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Don Gage, tv' yor )' ~
Attest: MtM.J l.P '
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~ll sanne-St~.'H-I--1-lGt-b-,---City Clerk
Approv~d as to form.
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Linda A Callon, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On February 21, 1997
Date
before me, Patricia K. Bentson, Notary Public
Name and Tille of Officer (e,g, ~Jane Doe. Notary Pubhc~)
personally appeared Donald F. Gaqe, Mayor of the City of (; i 1 rny
Name!s) of Slgner!s)
t~-el':'~'~ - ;AT:C::~ - -I
-I ..-. 't; COMM. # 1C1i9071 I
: -.' . .' Notary P\bIIc - CalfomIa ~
.~ .' SANTA ClARA COUNTV
J .' My Comm, Expires JUN 9. 1999 I
.......-........................................................................
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
xx personally known to me - OR -
WITNESS my hand and official seal.
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Signature ~ Notary Pub
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OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Agreement for Srlnirriry SE',,'er SQrvico
E, H.::trtin
Document Date:
November 4, 1996
Number of Pages: 5 + acknowledg ents
Signer(s) Other Than Named Above: Edward L. Martin, Ron Perez, Phelia Perez, Jeff Marti
Pamela Martin, Michael Martin, Susanne E. Steinmetz,
Capacity(ies) Claimed by Signer(s) and Linda A. Callon,
Signer's Name:
Donald F. Gage
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner - Limited General
Attorney-in-Fact
Trustee
Guardian or Conservator
X Other: Mayor Top of thumb here
Individual
Corporate Officer
Title(s):
Partner - Limited . General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
City of Gilroy
@ 1994 National Notary ASSOCiation' 8236 Remmet Ave. PO Box 7184' Canoga Park. CA 91309,7184
Prod No 5907
Reorder Call TolI,Free 1,800,876,6827
ACKNOWLEDGMENT
State of California
County of Santa Clara __ .-J~~ " ///' ~ '
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On':;;;;/J ~ -; /:J?1before me, Ron Perez, fi;~.s()/U/VI/u AJo#I'9.e~
------'personally knoW'n to me - OR - vProved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ack-
knowledge to me that he/she/they authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person( s) acted, executed the instrument.
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ACKNO\VLEDG l\IENT
State of California
County of Santa Clara __ ,/;
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O,;:tr jU 0<"/ !~7 before me, Ofelia Perez, fJ~/"5 viVA' /t~ A /J~At2 e:L
------'personally \u1'own 0 me - OR - L proved to me on the baSIS of satisfictory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ack-
knowledge to me that he/she/they authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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ACKNOWLEDGMENT
State of California
County of Santa Clara
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CONTRA COSTA COUNiV ...
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On :-r'i II (( a "1 ! i) ill (~ before me~ Robert Jeffrey Martin,
~ersonally kriown to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the perso?t(-s) whose name'tti) is/are-
subscribed to the within instrument and ack-
knowledge to me that he/she/they authorized
capacitytles.), and that by his/her/tfteir
signaturefs,) on the instrument the personts)
or the entity upon behalf of which the
person('s) acted, executed the instrument.
Witness my hand and official seal.
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ACKNOWLEDGl\lENT
State of California
County of Santa Clara ~'I I ./J. I
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OnJj)JJ c{';J /171 before me, Pamela S Martin,feJES.1jU)q Li~./ .r9/1tOt:'A ~&.
~~rsonally k~own to me - OR - ~roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instnnnent and ack-
knowledge to me that he/she/they authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witne~s. my hand and otlicial seal.
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ACKNO\VLEDGMENT
State of California
County of Contra Costa
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On,..t, i I U /: ,(, J 5' '71? before ml Edward L M~rti~,
~rsonally~kRo~n to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person{'s) whose name{s) is/are
subscribed to the within instrument and ack-
knowledge to me that he/she/they authorized
capacityti~s), and that by his/Iter/their
signature(~) on the instrument the person('1i)
or the entity upon behalf of which the
person{s) acted, executed the instrument.
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Witness my hand and official seal.
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ACKNOWLEDGIVIENT
State of California
County of San Mateo
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On I _ i L- --....':11 before me;Michael L Martin,
LPersonally known to me - OR - _ proved to me on the basis of satisfactory evidence
to be the person(){) whose name~) is/are
subscribed to the within instrument and ack-
knowledge to me that he/she/they authorized
capacity(~, and that by his/herh~r'
signature(~ on the instrument the person(t;)
or the entity upon behalf of which the
person(&;) acted, executed the instrument.
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p~ RENEE LEWIS 1
~ ' Comm 11021280 ~
~ -0 . NOT""., PUBUC CAUFo-J:)
.:; SAIl MIl TEO COUNT.,''""\)
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Witness my hand and official seal.
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AGREEMENT FOR SANITARY SEWER SERVICE
EXHIBIT "A"
The land referred to herein is situated in the State of California, County of Santa Clara,
and is described as follows:
Lots 1-13, inclusive, and 15,16, Tract 6710, filed April 25, 1980, Map Book 462, Page
39, Santa Clara County Records.
Excepting therefrom, Parcel A, Designated as "well and tank site", Tract 6710, filed April
25, 1980, Map Book 462, Page 39, as granted to Valley View Mutual Water Company
Inc., Recorded November 21, 1981, Book G444 Oflicial Records, Page 575, Santa Clara
County Records.
APN #'s 783-31-1 through 10 and 12, 13, 15, 16 17