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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