HomeMy WebLinkAboutBauer, Don & Diana Agmt - 5720 San Anselmo Rd. AGREEMENT REGARDING RESOLUTION 100-91
This Agreement is entered into this 9th day of October
1991, by and between the City of Atascadero, hereinafter referred
to as "City" and Diana Bauer, hereinafter referred to as "Bauer"
and made with reference to Resolution No. 100-91.
RECITALS
WHEREAS, Bauer who resides at 5270 San Anselmo, Atascadero,
California has a septic leach field failure on their property
resulting in a health hazard; and
WHEREAS, said property is located in the Suburban Residential
land use designation in the General Plan and is adjoining but
beyond the Urban Services Line; and
WHEREAS, City has recommended, pursuant to Resolution No.
100-91, that Bauer be permitted to have a temporary sewer hook-up
to 5270 San Anselmo to avoid unnecessary costs of making their
septic system operable since Bauer desires to hook up to the sewer
in the near future.
IT IS HEREBY AGREED:
1. That the City does hereby grant to Bauer the right to
establish a temporary hook-up of their property at 5270
San Anselmo, Atascadero, California to the City' s sewer
system at the sole expense of Bauer.
2. In the event that the City establishes a permanent sewer
service for the frontage properties on both sides of San
Anselmo within said Urban Services area pursuant to a
General Plan Update, the Bauer hookup shall become a per-
manent service to the system.
3. During said temporary service hookup, the City does
hereby waive the requirement of Bauer to fill, cover up,
or in any way eliminate the septic system on the Bauer
property until the permanent service is approved.
4. In the event that the contemplated General Plan Amendment
is not approved, Bauer agrees to immediately disconnect
the sewer service and to repair their septic system to
make it operable, and does hereby release the City from
any liability with regard to the failure to approve the
General Plan Amendment. In such event, the City shall
refund to Bauer the sewer annexation fee and other
charges less the administrative costs of providing such
service.
5. This Agreement shall bind the parties hereto, their
heirs, administrators, successors and assigns.
l� a s
6. The invalidity of any provision of this Agreement as
determined by a court of competent jurisdiction shall in
no way affect the validity of any other provision hereof.
7. This Agreement contains all agreements of the parties
with respect to any matter herein. No prior agreement or
understanding pertaining to any such matter shall be
effective. This Agreement may be modified in writing
only signed by the parties in interest at the time of the
modification.
C0
l
DATED: �C h BY:
DIANA BAUER
CITY OF ATASCADERO
DATED: 161q/c? BY:
SOR, City Manager
ATIva,
Ly Clerk
APPROVED AS TO FORM:
AR HER R. 14ONTON, City Attorney
l°5
RESOLUTION NO. 100-91
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
PERMITTING TEMPORARY SEWER HOOK-UP
TO 5270 SAN ANSELMO ROAD
WHEREAS, Donald and Diana Bauer, residing at 5270 San Anselmo,
have experienced a septic leach field failure on their property
resulting in a health hazard; and
WHEREAS, said property is located in the Suburban Residential
(RS) land use designation in the General Plan and is adjoining--but
is beyond--the Urban Services Line; and
WHEREAS, the Draft General Plan Update is recommending that
the frontage properties on both sides of San Anselmo be included
within said Urban Services area; and
WHEREAS, processing of either an independent General Plan
Amendment or awaiting the results of said General Plan recommenda-
tion could not be done in a timely way with respect to the failed
system on the Bauer property; and
WHEREAS, the City Council does not wish to see the Bauers
incur the costs for a new septic system given the strong likeli-
hood that they will be subsequently forced to connect to the sewer
system should the General Plan recommendation cited above be
enabled;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council agrees to permit the Bauers, at their
expense, to have a temporary sewer hook-up to 5270 San
Anselmo;
2. Establishment of said temporary hook-up into a permanent ser-
vice shall be contingent on amendment of the General Plan
enabling this action;
3. Said temporary service shall be contingent on the Bauers
agreeing, in writing, to immediately disconnect said service
and repair said septic system and hold the City harmless
should the contemplated General Plan Amendment not be
approved. In such event, City shall refund sewer annexation
fees and other charges, less administrative costs for
providing such service.
On motion by Councilman Dexter , seconded by
Councilman Ninwo , the foregoing resolution is hereby approved
on the following roll call vote:
i
RESOLUTION NO. 100-91
Page Two
AYES.- Councilmembers Nimmo, Dexter, Borgeson and Mayor Shiers
NOES: None
ABSENT: None
ADOPTED: October 8, 1991
CITY OF ATASCADERO
By:__
ALDEN F, SHIERS, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER R. M6NTANbON,
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Direc or
Community Development