HomeMy WebLinkAbout105-Notice and Deed of Merger.pdf
SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER Page 1 of 7 RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale
Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE Notice and Deed of Voluntary Merger FOR RECORDATION WITH THE RECORDER’S OFFICE OF THE COUNTY OF SANTA CLARA
SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER Page 2 of 7 Notice and Deed of Voluntary Merger This is a Notice and Deed of Voluntary Merger (the “Merger”) by SOUTH THUNDER,
LLC (the “Owner”) in favor of the CITY OF SARATOGA (the “City”). RECITALS A. WHEREAS, Owner is the owner of a certain undeveloped parcel of real property (approximately 2.68 acres) located
in the County of Santa Clara within the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference (“Annexation Property”), as to which property owner has applied to the City to obtain final annexation approval; B. WHEREAS, Owner is also the owner of a certain parcel of
real property (approximately 35.13 acres in size) adjoining the Annexation Property and located entirely within the City of Saratoga and more particularly described in Exhibit B, attached
hereto and incorporated herein by this reference (“Principal Property”); C. WHEREAS, Owner has submitted an integrated annexation package including but not limited to a Development Proposal
to the City seeking to obtain a Conditional Use Permit with a Variation from Standards for its existing stables, and approval to remodel and increase the square footage of the single
family dwelling located on the Principal Property by 2907 square feet; D. WHEREAS, a material basis of any approval of the Development Proposal will be the fact that the Development
Proposal includes merger of Principal Property and Annexation Property (by both Deed and new recorded final Parcel Map) into a single legal parcel (the “Merged Property”) for planning
and land use purposes (such that the development potential for a single family dwelling on the Annexation Property will be extinguished); and E. WHEREAS, concurrent with annexation of
the Annexation Property to the City, Owner shall merge the Principal Property with the Annexation Property into a single legal parcel (the “Merged Property”) for planning and land use
purposes, which which Merged Property is more particularly described in Exhibit C, attached hereto and incorporated herein by this reference. NOW THEREFORE, Owner agrees, gives notice
and voluntarily deeds the Annexation Parcel and the Principal Parcel to Owner as one Merged Parcel as follows: NOTICE AND DEED OF VOLUNTARY MERGER Notice is hereby given that the separate
parcels of real property described in Exhibit A and Exhibit B attached hereto and made part hereof are hereby deeded to become one Merged Parcel as described on Exhibit C pursuant to
Section 1093 of the Civil Code and Grantor’s express written statement that such deed shall merge and consolidate the two separate parcels into one single parcel. Notice is further given
that Owner will promptly initiate and diligently pursue to completion all necessary steps to merge the Annexation Property with the Principal Property
SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER Page 3 of 7 into a single legal parcel (the “Merged Property”) for planning and land use purposes (such that the development potential
for a single family dwelling on the Annexation Property will be extinguished). The necessary steps for such merger shall include a new recorded final Parcel Map so long as required to
be in compliance with Government Code Section 66499.20¾ and City Code Section 14-70.080 (as now in effect or hereafter amended). Grantor SOUTH THUNDER, LLC hereby grants the separate
parcels described in Exhibit A and Exhibit B respectively to Grantee SOUTH THUNDER, LLC to become one Merged Parcel as described on Exhibit C pursuant to Section 1093 of the Civil Code
and Grantor’s express written statement that such deed shall merge and consolidate the two separate parcels into one single parcel and pursuant to the new recorded final Parcel Map in
compliance with Government Code Section 66499.20¾ and City Code Section 14-70.080 as required by by the preceding paragraph. The two existing separate parcels are also identified as
Assessor’s Parcel Number: APN 503-09-004 (Exhibit A parcel) and Assessor’s Parcel Number: APN-503-09-003 (Exhibit B parcel). The above-described Merged Property now constitutes one (1)
parcel as described in Exhibit C. This merger shall constitute a material basis of the support for approval of the integrated annexation package and the required findings for the integrated
annexation proceedings including but not limited to the Use Permit and Variation from Standards granted by City on April 20, 2011,and the Merged Property shall not be subsequently subdivided
so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City’s Agricultural Preserve/Open Space (AP/OS) Overlay Zoning District has not
been removed from the Merged Property by the City. Signed by Grantor Date:___________________ SOUTH THUNDER, LLC By__________________________________ __________________________ (print
name) __________________________ (print title) NOTE:All signatures of both owners and holders of security interests must be property notarized.
SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER Page 4 of 7 INSTRUCTIONS This NOTICE AND DEED OF VOLUNTARY MERGER shall be recorded with the County of Santa Clara Recorder. Owner(s)
signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.) ACKNOWLEDGEMENT
State of California ) County of ) On ______________________________________ before me, , personally appeared , who 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. I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal)
EXHIBIT A Legal Description of Annexation Property Santa Clara County APN-503-09-004
SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER Page 6 of 7 EXHIBIT B Legal Description of Principal Property Santa Clara County APN-503-09-003
SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER Page 7 of 7 EXHIBIT C Legal Description of Merged Property