HomeMy WebLinkAboutCity Council Resolution 11-026RESOLUTION NO 11 026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING ANNEXATION TO THE CITY OF SARATOGA
OF A PROPERTY LOCATED AT 22480 MOUNT EDEN ROAD AND ITS
CONCURRENT MERGER WITH ADJOINING PROPERTY
LOCATED AT 22490 MOUNT EDEN ROAD AND A CONCURRENT
LAND CONSERVATION (WILLIAMSON ACT) CONTRACT
FOR THE ENTIRE. MERGED PROPERTY
South Thunder LLC APN 503 -80 -004
WHEREAS, the City Council is considering the annexation of an approximately 2.68
acre property, hereinafter referred to as 'the territory', APN 503 -80 -004, contiguous to the City of
Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) hereto; and
WHEREAS, concurrent with annexation, the territory shall be merged with the adjoining
approximately 35.13 -acre property and the entire Merged Property shall become restricted by a
Land Conservation (Williamson Act) Contract and obtain approval in concept of a General Plan
Land Use Designation of Hillside Residential Conservation (HRC), be made subject to an
Agricultural Preserve /Open Space (AP /OS) Overlay Zoning District, and a Conditional Use
Permit (collectively the "integrated annexation proceedings and
WHEREAS, the City Council has determined these integrated annexation proceedings to
be exempt from the California Environmental Quality Act (CEQA) under CEQA Guideline
15319 which exempts annexations to a city of areas containing existing private structures
developed to the density allowed by the current zoning or pre zoning of either the gaining or
losing governmental agency whichever is more restrictive, provided, however, that the extension
of utility services to the existing facilities would have a capacity to serve only the existing
Facilities; and CEQA further exempts these integrated annexation proceedings because they will
all impose greater land use restrictions on the Merged Property than currently exist (including by
imposing parameters and use permit conditions on the Merged Property for the first time), will
involve no physical change to the environment, will assure the maintenance, restoration,
enhancement, or protection of the environment, and it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment (see
CEQA Guidelines Sections 15308 and 15061(b)(3)); and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed at 22480 Mount Eden Road is in the City of
Saratoga's Urban Service Area and Sphere of Influence, has a Pre General Plan designation of
H -OS (Hillside -Open Space) which is being amended to RHC (Residential Hillside
Conservation) concurrent with this annexation, and is pre -zoned as HR (Hillside Residential) to
which AP /OS (Agricultural Preserve -Open Space) Overlay Zoning is being added concurrent
with this annexation; and
fJ
WHEREAS, upon approval of initiation of annexation on June 2, 2010, these integrated
annexation proceedings were referred to the Planning Commission which gave favorable
recommendations thereon after public hearing on March 23, 2011, and are now being returned to
the City Council for final action on the actual Annexation Approval, a Preannexation Agreement,
a Land Conservation (Williamson Act) Contract, approval in concept of a General Plan
Amendment, aZ.oning Amendment, a Use Permit with Variation from Standards, and a Design
Review Approval; and
WHEREAS, the proposed annexation is consistent with the West Valley Hillsides
Preservation Strategies, Strategy #2, Action 1 and 2; and
WHEREAS, because there is one hundred percent (100 owner consent for the
annexation proceedings, no notice, public hearing or election will be required for annexation
approval by the City; and
WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and
has determined that said territory is considered uninhabited for the purposes of annexation
proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby makes the following findings:
A. That the annexation is exempt from the California Environmental Quality Act CEQA
pursuant to sections 15319, 15308 and 1.5061(b)(3) of the CEQA Guidelines.
B. That the unincorporated territory to be annexed is within the Sphere of Influence and
the Urban Service Area of the City as adopted by the Santa Clara County Local Agency
Formation Commission.
C. That the Santa Clara County Surveyor has made a preliminary determination that the
boundaries of the area proposed to be annexed are definite and certain, and in compliance
with LAFCO's road annexation policies and that this resolution shall become effective
only upon receipt by the City Clerk of the City of Saratoga of a final determination by the
County Surveyor that the boundaries of the proposal are definite and certain and in
compliance with LAFCO's road annexation policies.
D. That the proposal does not split lines of assessment or ownership and that this fact
has been confirmed by the Santa Clara County Assessor's Office.
E. That the proposal does not create islands or areas in which it would be difficult to
provide municipal services.
F. That the proposal will consistent with the General Plan and Zoning of the City in that
the property proposed for annexation has a Pre- General Plan designation of H -OS
(Hillside -Open Space) which is being approved in concept to be amended to RHC
(Residential Hillside Conservation) concurrent with this annexation, and is pre -zoned as
2
HR (Hillside Residential) to which AP /OS (Agricultural Preserve -Open Space) Overlay
Zoning is being added concurrent with this annexation.
G. That the territory is contiguous to the existing City limits.
H. That the City has complied with all conditions imposed by LAFCO for inclusion of
the territory in the Urban Service Area of the City.
I. That all property owners within the annexation area have been informed of these
proceedings and no opposition has been received.
J. That concurrent with annexation, the territory will be merged with the adjoining
approximately 35.13 acre property and the entire Merged Property will become restricted
by a Land Conservation (Williamson Act) Contract and that such merger shall constitute
a material basis of support for the integrated annexation proceedings and each element
thereof and any required findings therefor.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves
and requires, concurrent with the annexation approved below: the voluntary merger of territory
consisting of an approximately 2.68 -acre property, APN 503 -80 -004, with APN 503 -09 -003 (in
the Notice and Deed of Voluntary Merger :form attached hereto as Exhibit C), the Land
Conservation (Williamson Act) Contract (in the form attached hereto as Exhibit D), the mutual
execution of the Preamnexation Agreement (in the form attached hereto as Exhibit E); the
approval in concept of a General Plan Amendment to Hillside Residential Conservation (HRC),
the Zoning Amendment adding Agricultural Preserve /Open Space (AP /OS) Overlay Zoning, the
Use Permit with Variation from Standards, and the Design Review Approval.
BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above referenced
determination by the County Surveyor, the annexation of the parcel is hereby ordered without
any further protest proceedings and that upon completion of these proceedings the territory will
be annexed to the City of Saratoga and pursuant to said annexation receiving a Certificate of
Completion from LAFCO the City will receive taxes upon in accordance with the previously
approved tax exchange agreement with the County of Santa Clara.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends
the City boundary to include a territory consisting of an approximately 2.68 -acre property,
hereinafter referred to as 'the territory', APN 503 -80 -004, into the City of Saratoga effective
upon LAFCO issuance of a Certificate of Completion for these proceedings, and effective upon
concurrent recordation the above described Notice and Deed of Voluntary Merger, the Land
Conservation (Williamson Act) Contract, and the Preannexation Agreement.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 20th day of
April, 2011 by the following roll call vote:
AYES: Councilmember Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, Mayor Howard Miller
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Howard A. Miller, MAYOR
Saratoga, California
ATTEST:
Date:
Ann Sullivan,
CITY CLERK
Saratoga, California
APPROVED AS TO FORM:
1
Richard Taylor, CITYATTORNEY
City of Saratoga, California
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ANNEXATION TO CITY OF SARA "TOGA
22480 Mt. Eden Road
GEOGRAPHIC DESCRIPTION
All that certain real property, situate in Section 3, Township 8 South, Range
2 West, Mowit :Diablo Base and Meridian, County of Santa Clara State E:7f
California, also being Parcel B, as shoxA on the Parcel Map filed in Book
697 of Maps at Page 34, Santa Clara County Records and more particularly
described as follows:
Commencing at the Northeast corner of said Section 3; thence South
74 °21'55" West 1241.61 feet to the Northwest comer of said Parcel B,
which point is on the City limits of Saratoga as established by the annexation
titled "22490 Mt. Eden Road" under the City of Saratoga City Council
Resolution No. 06 -078 recorded at document #20847826, Official Records
of Santa Clara County, California, also being the Point of Beginning; thence
along said Parcel B boundary, the following courses and distances;
(1) thence North 62°34'43" East 246.25 feet to the beginning of a non
ta.11gent curve concave southerly, having a radius 35.00 feet, a radial line to
said curve bears North 27'1.1'41" West;
(2) thence easterly along said curve, through a central angle of 75 °01'41" an
are length of 45.83 feet;
(3) thence South 42' 10'00" East 190.00 feet to the beginning of a curve,
concave northerly, having a radius of 1. 15.00 feet;
(4) thence easterly along said curve through a central ankle of 41 °00`08" an
are length of 82.30 feet;
(5) th nce South 00'38'13" West 1. 16.80 feet;
(6) thence. South 22 °35'00" East 88.44 feet;
(7) thence South 43'13'30" East 290.99 feet,
(8) thence South 08"25'00" East 39.38 feet to the City limits of Saratoga as
established by said annexation
(9) thence northerly and westerly along said City l.ii"n.its of Saratoga North
43' 16'00" Nest 99.66 feet:
(10) thence North 50"05'00'' West: 88.44 feet:
(11.) thence North 32°07'00" West 44.22 feel::
(12) thence North 50° 12'00"
West 91.08 feet;
(13) thence North 20 °55'00"
West 88.44 feet;
(14) thence South 88 °11'00"
West 66.00 feet;
(15) thence South 67 °30'00"
West 26.40 feet;
(16) thence South 82 °1.0'00"
West 76.56 feet;
(17) thence South 80 °38'00"
West 79.20 feet;
(1, 8) thence North 48 °23'00"
West 75.90 feet;
(19) thence North 34 °04'00"
West 87.12 feet;
(20) thence North 43 °08'00"
West 104.28 feet;
(21) thence North 16 °27'00"
West 52.80 feet: to the Point ofBegirming.
Containing 2.68 acres; more or less.
Prepared by: Paul Jensen
Professional Land Surveyor #4627
Date: October 22, 2010
LAND
&4627 f
For assessment purposes only. This description of land is not a legal
property description as defined in the Subdivision Map Act and may not be
used as the basis for an offer for sale of the land described..
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RECORDING REQUESTED BY:
CITY OF SARATOGA
Attn: City Clerk
Saratoga, CA 95070
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 VIOLUNT_ARYMERGER
PGOe 1 Of 7
r r
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 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 VOL UNTARYA/IERGER
Page 2 of 7
into a single legal parcel (the "Merged Property for plamiing 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 66499.20'/4 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 66499.20 and City Code Section 14- 70.080 as required 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:_tj
SOUTH THUNDER, LLC
B y
(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 3 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 sea.)
ACKNOWLEDGEMENT
State of California
County of 50,Ab, c.ta
On Gy y o I before me' n o u ►2 l U y `1 l
personally appeared Ver1rn who proved to me on the basis of
satisfactory evidence to be the person(s) w ose name(s /are subscribed to the within
instrument and acknowledged to me that s �e hey executed the same in hi er their
authorized capacity(ies), and that by hi /her/ heir 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.
l \F
RINK00 R. NAT
WITNESS my hand and official seal. COMM. #1831555
NOTARY PUBLIC CALIFORNIA
SANTA CLARA COUNTY
iFo4N My Comm. Expires Feb. 13, 2013 H
Signature (Seal)
SO UTH THUNDER, LLC NOTICE AND DEED OF VOL UNTARY MERGER
Page 4Of7
EXHIBIT A
Legal Description of Annexation Property
Santa Clara County APN- 503 -80 -004
A:NNEXATIO:� TO CITY OF SARATOGA.
22480 Mt. Eden Road
GEOGRAPHIC DESCRIPTION
All. that certain real property-, situate in. Section 3, Township 8 South, Range
2 West, Mount Diablo Base and Meridian, County of Santa Clara, State of
California, also being Parcel B, as shown on the Parcel Map filed. in Book
697 of Maps at I'age 34, Santa Clara County Records and more particularly
described as follows;
Commencing at the Northeast corner of said Section 3; thence South
74 °21.'55" Nest 1.241.6:1 feet to the: Northwest corner of said Parcel l3,
which paint is on the City limits of Saratogaa as established by the annexation
titled "22490 Mt. Eden Road" under the Cite of Saratoga City Council
Resolution No. 06-078 recorded at document ##20847826, Official Records
of Santa Clara County, California, also being the Point of `F3eginninc thence
along said Parcel B boundarv, the following courses and distances;
(1) thence North 62 °34'43 East 246.25 feet to the beginning of a non
tangent curve, concave southerly having a radius 35.40 feet, a radial line to
said curve bears I` North 2711'41" `Jest,
(2) thence easterly along said curve, through a central angle of 75 °01'41" an
are length of 45.83 feet;
(3) thence South. 42°10'00'' East 190.00 feet to the beginning of a curve,
concave northerly, having a, radius of 115.00 feet;
(4) thence easterly along said curve through a central. ad gle of 41 °00'08" an
arc length of 82:30 feet;
(5) thence South 00 °38';13" West 1.16.830 feet;
(6) thence South 22 °35'00" East 88.44 feet;
(7) thence South 43 °13'30" East 290.99 feet;
(8) thence Saudi 138°25'00" East 39.38 feet to the C it limits of Saratoga as
established by said annexa6o.n,
thence nor and. westerly aloll��_, said "Ib ?..I 'ts of Sa�,:att 4 aa North.
43 °16'00" 99.66 feet.
the;:ice Nforth 50 °05'00" West 88.44 feat
(l 1) thence North 3210700" IN'est: 44,22) feet.
I 1
EXHIBIT B
Legal Description of Principal Property
Santa Clara County APN- 503 -09 -003
SOUTH THUNDER, LLCNOTICEAND DEED OF VOL U_NTARYIv2ERGER
Page 6 of
(12) thence North 50 °1.2'00"
West 91.08 feet;
(13) thence North 2055'00"
West 38.44 feet;
(14) thence South 88 °11'00"
AN est 66.00 feet;
(15) thence South 67 °30'00"
West 26.40 feet;
(16) thence South. 82 °10'00"
West 76.56 feet;
(1.7) thence South 80 0 38'00"
West 79.20 feet;
(18) thence :North. 48 °23'00"
West 75.90 feet;
(19) thence North 34 °04'00"
West 87.12 feet;
(20) thence North 43 °08'00"
West 104.28 feet;
(2 1 thence North 16 °27'00"
West 52.80 feet: to the Point of Beginning.
Containing 2.68 acres, more or less.
Prepared by: Paul Jensen
Professional Lard Surveyor 44627
Date: October 22, 201.0
W4627
ter 0�
For assessment purposes only. This description of land is not a lLga],
property description as de in the Subdivision Map Act and inay not be
used as the basis for an offer for sale of the land described,
EXHIBIT B
ANNEXATION TO -'CITY OF SARATOGA
NAME OF ANNEXATION
22490 Mt. Eden Road
Date: 09 -21 -06
GEOCTRAPHIC DESCRIPTION
The. land referred to herein is situated in portion of the Northeast V4 of ,Section 3,
Township 8 South, Range 2 West, M.D.B. M. in the State of California, County
of Santa Clara, Unincorporated Area, described as follows:
All of the 35.1311 acres, more or less, Lands of Thornas (no_TAT knmvri as South
Thunder, LI,C) as sho «Tn on the Record of Survey, filed for record in the Office of
the County Recorder of Santa Clara County in Book 642 of Maps at Page 13;
Beginning at a point in the centerline of Mt. Eden Road as shown on said Record.
of Survey, said point lying on the existing City Limits of the City_ of Saratoga, as
established by Reorganization Mt. 'Eden. Road. 79 -2;
Thence, from the point of beginning:
Along a line, the Southeasterly 5.1.66 feet of which lies on said Saratoga City
Limits line
Course 1, North. 35 °30'00" Nest a distance of 167.29 feet;
Thence, (2) North 79 °45'00" West a distance of 13.,33 feet to the southeast. corner
of said Lands of Thomas (currently South Thunder-, LLC) as shown on said
Record of Survey, also being the TRUE POINT OF BEGINNING-
Thence, (3) North 79 45'00" West a distance of 83.37 feet to the existing
Saratoga City Limits as established by said Reorganization 79 -2
Thence along said City Limits
(4) North 79 °45'00" West a distance of 1.40.3:1 feet:
Thence, (5) North 87 °22'00" West a distance of 24 -8.82 feet;
Thence, (6) South 56 °30'00'' West a distance of 12,E 5 3.40 feet.;
Thence, (7) South 66 °30'00" West a distance of 1.9 -8.50 1 eet:;
Thence, (8) South 79 °30'00" West.a distance. of 97.68 feet;
Thence (9) North 89 °30'00" West a distance of 92.40 feet;
Thence, (10) South 8315'00" West a distance of 116.16 feet;
Thence, (11) North 43 °30'00" West a distance of 99.00 feet;
Thence (12) North 87 30'00" West a distance of 66.00 feet;
Thence (13) South 86 °00'00" West a distance of 154.44 feet;
Thence, (14) North :52 °30'00" West a. distance of 42.24 feet;
Thence, (15) North 83 °30'00" West a distance of 112:86 feet;
Thence, (16) North 84 °30'00" West a distance of 83.82 feet;
Thence, (17) North 79 °30'00" West a distance of 112.20 feet;
Thence, (18) North 85 '15'00" West a distance of 83.16 feet;
Thence, (19) North 57 1 )30'00" West a distance. of 62.04 feet;
Thence, (20) North 69 °52'07" West a distance of 146.11 feet;
Thence, (21A) South 72'15'00" West a distance of 17;82 feet, more or less, to the
westerly most Saratoga. City Limits as established by said. Mt. Eden Road 79 -2;
Thence, (218), leaving said Cit37 Limits and continuing along said Lands of
Thomas (South Thunder, LLC), south 737.5'00" West a distance of 150.48 feet,
more or less:
Thence, (22) South 36 45'00" West a distance of 94.38 feet to a 3 /4" 1. P. on the
most Southwesterly corner of that said Lands of Thomas (South. Thunder, LLC);
Thence, (23) North 03"22'01" West a distance of 980.88 feet to a a" X 4" post at
the Northwest corner of the Northeast 'A of Section 3, Township 8, South, Range
2 West, M.D.B. M.;
Thence, (24) South 89 °00'58" East a distance of 1069.20 feet to a I.P. Per 609
10 30 at the most Northeasterly corner of said Lands of Thomas (South Thunder,
LLC);
Thence, (25) South 27 East a distance. of 160.91 feet:
Fh.en.ce (26) South 77 East a dista.j-., of 54.44 fect-
Thence, (27) 77
36'00" E ast a distance of 14.1.2 feet.;
Thence (28) South 48 East a distance of 73,92 feet:
Thence,
(29) South 4 6'42'00" East a CtjSt o f 75 feet;
en.ce. (3 0 South 62048'0011 East a distance of 50. 16 feet;
Thence, (31) South 24 Fast a d'
Istance of 66.00 feet;
Thence, (32) South 52 "16'00' East a distance of 61.0 feet:
Thence, "3 3 South 16"27'00 a distance of 52.80 feet;
Thence.
(34) SoL ith 43 East a distance of 104.28 feet;
Thell ce, South 34004,001, East a distance of 87.12 feet;
Thence, ('13' 6) South 48cj23`0O,, Fast a distance of 75.90 feet:
Thence,
(3' \D
f\101 �tll 80038J East a distance of'79.20,fe.et:
Thence, (38) North 8T)IO'0(y East a t d'
L I-Stalice of 76,56 feet:
The,tilEe (3 9) North 671)30'C)0" East a ch-stance of 26A 0 fcc,
(40) North 88 East a di-stance ol'66.00 feet;
(4 1) z;outj-j 20"5 '00" E@sL a. distance of s
feet;
(42) Sol
East a distance of 91.0 ,q
feet;
Thence, South 32 East a distance of 44,22 feet:
Tlie, 44) S',ouffi 50 "0"00" Fast
L d istance of 88,44 feet
Thence, I L 0 0
So l "JI 4 I E "00" E ast t a di stance of Q 66 feet,
T 1C n c (4 6) S07LIL11 08 2 5'00" East a distance of 62.710 feet to til of
11 being a po Of the Nort-beast of s
i c) n 3,
Soll-Uh.. Ra,nut c 11
acres of land ni o o
!:7
EXHIBIT C
Legal Description of MerLyed Property
SOUTH THUNDER, LL",C NOTICEAND DEED OF 1jOLUNTA R MERGER
Page 7 of 7
EXHIBIT "C"
Situate in Section 3, Township 8 South, Range 2 West, Mount Diablo Base
and Meridian, County of Santa Clara, State of California and described as
follows:
Being the merged and combined lands of South Thunder LLC conveyed and
recorded August 4 2005 in Document #18508248 and lands recorded
October 26, 2005 in Document #18643030, Santa Clara County Records and
more particularly described as follows;
Beginning at the Northwest corner of Parcel B, as shown on that Parcel Map
recorded December 16, 1997, filed in book 697, at page 34, Santa Clara
County Records;
thence easterly, southerly, westerly and northerly along the boundary of said
lands of South Thunder LLC, North 62 °34'43" East, also along the
boundary of said parcel B 246.25 feet to the beginning of a non tangent
curve, concave southerly, having a radius 35.00 feet, a radial line to said
curve bears North 27° 11'41" West;
thence easterly along said curve through a central angle of 75 °01'41" an arc
length of 45.83 feet;
thence South 42 °10'00" East 190.00 feet to the beginning of a curve,
concave northerly, having a radius of 115.00 feet;
thence easterly along said curve through a central angle of 41 °00'08" an arc
length of 82.30 feet;
thence South 00'38'13" West 116.80 feet;
thence South 22 °35'00" East 88.44 feet;
thence South 43 °13'30" East 290.99 feet;
thence South 08 °25'00" East 39.38 feet to the southeasterly corner of said
Parcel B;
thence leaving said Parcel B South 08 °25'00" East 62.70 feet to the
southeast corner of said lands of South Thunder;
thence North 79 °45'00" West 223.74 feet;
thence North 87 °22'00" West 248.82 feet;
thence South 56°30'00" West 125.40 feet;
thence South 66 °30'00" West 148.50 feet;
thence South 79°30'00" West 97.68 feet;
1
thence North 89 °30'00"
West 92.40 feet;
thence South 83 °15'00"
West 116.16 feet;
thence North 43°30'00"
West 99.00 feet;
thence North 87 °30'00"
West 66.00 feet;
thence South 86 °00'00"
West 154.44 feet;
thence North 52 °30'00"
West 42.24 feet;
thence North 83 °30'00"
West 112.86 feet;
thence North 84 °30'00"
West 83.82 feet;
thence North 79 °30'00"
West 112.20 feet;
thence North 85 °15'00"
West 83.16 feet;
thence North 57°30'00"
West 62.04 feet;
thence North 69 °52'07"
West 146.11 feet;
thence South 72 °15'00"
West 168.30 feet;
thence South 36 °45'00"
West 94.38 feet to the southwest corner of said
lands of South Thunder;
thence North 03 °22'01"
West 980.88 feet to the northwest corner of said
lands of South Thunder;
thence South 89 °00'58"
East 1069.20 feet;
thence South 27 °21'21"
East 160.91 feet;
thence North 77'12'00"
East 55.44 feet;
thence South 77 °36'00"
East 54.12 feet;
thence South 48 °16'00"
East 73.92 feet;
thence South 46'42'00"
East 75.90 feet;
thence South 62 °48'00"
East 50.16 feet;
thence South 24 °43'00"
East 66.00 feet;
thence South 52 °16'00"
East 61.38 feet to the Point of Beginning.
APN 503 -09 -003
APN 503 -80 -004
Prepared by: Paul Jensen
Professional Land Surveyor #4627
Date: April 17, 2011
2
L
RECORDiNTG REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR
LAND CONSERVATION CONTRACT
(California Land Conservation Act of 1965 Williamson Act)
FOR RECORDATION WITH THE RECORDER'S OFFICE
OF THE COUNTY OF SANTA CLARA
SOUTH THUNDER, LLC LI STD CONSERVATION CONTPLACT FOR MERGED PROPERTY
Page z of i-
LAND CONSERVATION CONTRACT
This is a Land Conservation Contract (the "Contract between the CITY OF
SARATOGA (the "City and SOUTH THUNDER, LLC and /or any successors thereof (the
"Owner
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 A2, attached hereto
and incorporated herein by this reference "Annexation Property
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 which said Principal Property is subject to a Williamson
Act Contract originally entered into with the County of Santa Clara, and pursuant to Government
Code Section 51243, when the Principal Property was annexed to the City of Saratoga in 2006,
the City succeeded to all rights, duties, and powers of the County under the Williamson Act
Contract. The Principal Property is currently developed with a single family dwelling, garage,
hay barn; utility barn (with an upstairs apartment), stables, a horse riding arena, pool house, and
workshop;
C. WHEREAS, Owner has submitted 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, any approval of the Development Proposal will be materially based on a
requirement that, the Development Proposal includes merger of Principal Property and
Annexation Property into a single legal parcel (the "Merged Property" described at Exhibit C
attached hereto and incorporated herein by this reference) for planning and land use purposes
(such that the development potential for a single family dwelling on the Annexation Property
will be extinguished);
E. WHEREAS, concurrent with annexation of the Annexation Property to the City, Omer
shall merge the Principal Property with the Annexation Property (by both Deed and a new
recorded final Parcel Map) into a single legal parcel (the "Merged Property') for planning and
land use purposes, and shall rescind the Williamson Act Contract for the Principal Property and
simultaneously re -enter a Williamson Act Contract covering the entire Merged Property, and
shall apply for a Conditional Use Permit and Variation from Standards for the benefit of the
entire Development Proposal located on the Principal Property;
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR VERGED PROPERTI'
Papa 2 Of I-
F. WHEREAS, the resulting Merged Property is presently devoted to agricultural or open
space and uses and uses compatible thereto and the merger shall constitute a material basis of the
support for the required findings for the Conditional Use Permit and Variation from Standards
granted by the 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 AP /OS overlay zoning district has not been removed by the City;
G. WHEREAS, both Owner and City desire to restrict the use of the resulting Merged
Property to agricultural, open space and uses compatible thereto; and
H. WHEREAS, the parties have determined that the highest and best use for the resulting
Merged Property during the term of this Land Conservation Contract, or any renewal thereof,
shall be for agriculture, open space and uses compatible thereto.
AGREEMENT
NOW THEREFORE, City and Owner agree as follows:
CONTRACT SUBJECT TO LAND CONSERVATION ACT OF 1965
This Contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of
Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land
Conservation Act of 1965 or the Williamson Act, hereinafter referred to as the "Act." This
Contract is subject to all of the Provisions of the Act including any amendments thereto which
may hereafter be enacted.
2. RESTRICTIONS ON USE OF PROPERTY
During the term of this Contract, and any and all renewals thereof, the Property shall not
be used for any purpose other than the agricultural, open space and recreational uses and uses
compatible thereto. A list of all such compatible uses is set forth in Exhibit A1, attached hereto
and by this reference incorporated herein.
City may from time to time during the term of this Contract and all renewals thereof, add
to the list of compatible uses additional uses which shall apply uniformly to all property located
in the agricultural preserve in which the Property is located; provided, however, City may not
during the term of this Contract or any renewal thereof, without the prior written consent of
Owner, remove any of the compatible uses for the subject Property which are set forth in Exhibit
Al. The provisions of this Contract and any supplementary list of compatible uses are not
intended to limit or supersede the planning and zoning powers of City.
RESTRICTIONS ON SUBDIVISION OF PROPERTY
In order to be subdivided, the Merged Property must satisfy certain additional
requirements of California law (including but not limited to any limitations imposed by the
SOUTH THUNDER, L LC j gI\TD CONSERVATION CONTRACT FOR AlfERGED PROPERTY
Page of'3
Williamson Act or the Subdivision Map Act) for division of land, or lot line adjustment of land,
which is subject to a contract under the Act. Furthermore, the Merged Property shall not be
subsequently subdivided so long as any portion of the Merged Property is subject to a
Williamson Act Contract, or the City's AP /OS overlay zoning district has not been removed by
the City.
4. TERM OF CONTRACT
This Contract shall become effective on the date of execution by the City and shall
remain in full force and effect for an initial term of ten years, which term shall commence on one
of the dates specified below in this paragraph. If the date of execution of this Contract is
between March 2 and December 31, the initial term of ten years shall commence as of the first
day of January next succeeding the date of execution. If the date of execution of this Contract is
between January 1. and March 1, the initial term of ten years shall commence as of the first day
of January of the year of execution. Each succeeding first day of January shall be deemed to
be the annual renewal date of this Contract. This Contract shall be renewed automatically on
each succeeding January 1 and one additional year shall be added automatically to the initial
term unless notice of nonrenewal is given as provided in Paragraph 5.
5. NOTICE OF NONRENEWAL
(a) If either party desires in any year not to renew this Contract, that party shall serve
written notice of nonrenewal upon the other party in advance of the amival renewal date
of this Contract. Unless such written notice of nonrenewal is served by Owner at least 90
days prior to the renewal date, or by City at least 60 days prior to the renewal date, this
Contract automatically shall be renewed for an additional year as provided in Paragraph 4
above.
(b) In the event that City serves written notice of nonrenewal of this Contract, the
Owner, within ten (10) days after receipt of such notice by Owner, may submit to City a
written protest of nonrenewal. The notice shall be deemed to have been received on the
date delivered in person, or the date of delivery receipt from the overnight carrier, or five
days after deposit with the United States Postal Service. City may at any time prior to the
next following renewal date thereafter, withdraw such notice of nonrenewal and, in such
event, this Contract shall continue as if no such notice of nonrenewal had been served.
(c) If either party serves written notice of nonrenewal in any year Nvithin the time
limits of (a) above, this Contract shall remain in effect for the balance of the term
remaining on the Contract as of the last automatic annual renewal. If the initial term of
the Contract was ten (10) years, the remaining term after notice of nonrenewal is nine
(9) years.
6. NO COMPENSATION
SOUTH THUAFDER, LLC LA1\rD CONSERA�ATION CONTRACT FOR ]�2ERGED PROPERTY
Page z, of r
Owner shall not receive any payment from City in consideration of the obligation
imposed under this Contract, it being recognized and agreed that the consideration for the
execution of this Contract is the substantial benefit to be derived therefrom, and the advantage
that may accrue to owner as a result of the effect upon the assessed value of the Property on
account of the restrictions on the use of the Property contained herein.
7. SUCCESSORS IN INTEREST
This Contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, all successors in interest of the Owner and the City.
CANCELLATION
This Contract may not be cancelled except pursuant to the provisions of the Act.
9. NOTICES
All notices required or permitted by this Contract, including notice of a change of
address, shall be in writing and given by personal delivery, by overnight carrier, or by first class
mail, addressed to the party intended to be notified. The notice shall be deemed to have been
given and received on the date delivered in person, or the date of delivery receipt from the
overnight carrier, or five days after deposit with the United States Postal Service.
Notice to the City shall be addressed:
CITY OF SARATOGA, attn. CITY CLERK
City Hall
13777 Fruitvale Avenue
Saratoga, California 95070
Notice to Owner shall be addressed:
SOUTH THUNDER, LLC
c/o Brooks Hess
Attn. William T. Brooks, Esq.
577 Salmar Avenue, Second Floor
Campbell, CA 95113
10. INVALIDITY
City may declare this Contract terminated if it (or another substantially similar Contract)
is declared invalid or ineffective in any court adjudication which has become final, but no
cancellation fee or other penalties shall be assessed against Ovnler based upon such termination.
SOUTH THUNDER LLC LAND CONSERV_AMON CONTRACTFOR MERGED PROPERTY
Page 5 of
11. HOLDERS OF RECOR
Owner represents and warrants that the persons signing below are the only persons with
legal and security interests in the Property and agrees to indemnify, defend and save harmless
(collectively "indemnify the City from any and all claims, suits or losses caused by a breach of
this representation or warranty. This representation, warranty, and agreement to indemnify, are
binding upon the Owner (including Owner's successors in interest). Signatures of holders of
security interests shall only be evidence of notice of the Contract and acceptance by the holders
of security interests of the binding restrictions herein.
IN WITNESS WHERE, the parties hereto have caused this Contract to be executed by
Owner on and by City on 2C>//
CITY OF SARATOGA
Dave Anderson, City Manager
ATTEST: City Clerk
Ann u Ivan
SOUTH THUNDER, LLC
By C
.4 (print nameh
✓jell (print title)
NOTE: All signatures of both owners and holders of security interests
must be property notarized
APPROVED AS TO FORM:
Richard Taylor, City Attorney
I eT y t
William Brooks, Attorney for SOUT HUNDER, LLC
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY
Page 6 of 13
EXHIBIT Al
LAND CONSERVATION CONTRACT (WILLIAMSON ACT)
COMPATIBLE USE LIST
The following is a list of land uses determined to be compatible with the agricultural use,
open space and recreational use of the land subject to this Contract:
1. Facilities for, and the drying, packing or other processing of, an agricultural
commodity usually performed on the premises where it is produced but not including slaughter
houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter.
2. Structures necessary and incidental to the agricultural use of the land (including
but not limited to, dwellings for persons employed in the agricultural use of the land).
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of preserving open
space for recreation or plant or animal preserves.
5. Single family dwellings incidental to the agricultural use of the land for the
residence of the owner, and the family of the owner, the lessee of the land and the family of the
lessee, so long as otherwise in compliance with the City's land use regulations (including density
regulations).
Owner or lessee shall be construed to include:
(a) stockholders in family corporations;
(b) beneficiaries of family trusts and estates;
(c) owners of undivided partial interests in the fee for the sale of agricultural
commodities produced on the land;
(d) members in family LLCs; and
(e) partners in family limited partnerships.
6. The erection, construction alteration or maintenance of gas, electric water or
communication utility facilities, in compliance with the CITY's underground utility ordinance
No. NT ').70.
SOUTH THUNDER, LLC LAND CONSERVATION COI\rTR. FOR MIERCED PROPERT
Page 7 Of 13
7. Public or private fishing.
8. Public or private riding or hiking trails.
9. Stables and the boarding of horses or other livestock, a horse riding arena, but not
including an animal hospital or kennel.
10. A garage, hay barn, utility barn (with an upstairs apartment), pool house, and
workshop.
SOUTH THUNDER LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY
Page 8 of 13)
INSTRUCTIONS
This LAND CONSERVATION CONTRACT 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 .SCiyl Tq G Le ni.
On Mo-y before me, J2 /,7K0o /Z /V a/ 7'1 alaYy l�vb)
personally appeared e who proved to me on the basis of
satisfactory evidence to be the person(s) whose names is/ re subscribed to the within
instrument and acknowledged to me that h s e hey executed the same in hi er heir
authorized capacity(ies), and that by hi er t 1e1r 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.
RINK00 R. NAT
COMM. #1831555
ice.. m NOTARY PUBLIC CALIFORNIA ti
SANTA CLARA COUNTY
My Comm. Expires Feb. 13, 2013
(Seal)
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY
Page 9 of 13
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)
SOUTH THUNDER, LLC LAND CONSER TION CONTRACT FOR I� /fERGED PROPERTY
Page zo of z3
EXHIBIT A2
Legal Description of Annexation Property
-Pane 11 of 1
ANN XATIO.N. ,.I".0 CITY OF SARATOG
22480 Iti!It. Eden Road
GEOGRAPHIC DESCRIPTION
All that certain real property, situate in. Section 3, Township S South, Range
2 West, Mount Diablo' Fuse acid. Meridian, County of Santa Clara, State of
Calilornia also being Parcel B. as shown of the Parcel Map filed in Book
697 of Maps at Rage 34, Salta Clara Coui ty Records and more particularly
described. as follows:
Commencing at the Northeast corner of said Section 3; thence South
74 °21'55" West 1.241.61 feet to the Northwest corner of said Parcel B,
which point is on the City limits of Saratogaa as established by the annexation.
titled "22490 Mt. Eden Road" under the City of Saratoga City Council
Resolution No. 06 -078 recorded at document #2.0847826, Official Records
of Santa" Clara Count<�, California, also being the Point of Beginning; thence
along said Parcel B boundary, the follo courses and distances;
(I thence North. 62'34'4' East 246.25 feet to the beginning; of a non
tangent curve, con a :ve southerly, having a radius 35.00 feet, a radial line to
said curve bears North 27°11.'41." West;
(2) thence easterly along said curve, through a central angle of 75'01'41" an
arc length. of 45.83 feet;
(3) thence South 42'10'00'' East 190.00 feet to the beginning of a curve,
concave northerly, having a radius of 115.00 feet,,
(4) thence easterly along said curve through a central angle of 41'00'08" an
are length of 82.30 feet;
(5) tlinnce South 00"18" 1_ West 11.6.80 feet;
(6) thence; _South.. 22'35'00" East 88.44 feet;
(7) thence South 43 °13'30''' East 290.99 feet;
(8) thence South 08 °25'00" East 39.38 feet to the City 1 1in.- its of Saratoga as
established by said annexation;
(9) thence no, the, '1 and westerly along said "t y hrdts of Sar toc,a No.
4 5' 1 0 5 00"' Vi 9 66 feet:
(10) thence North 50'05'00'' West 88.44 feet;
(1 1) thence North 32'07"00" 'VN'( ;t 4 14.22 feet:
(12) thence `North 50'12'00" West 91.08 feet;
(J 3) thence North 20 °55'00" West 88.44 feet;
4) thence South 88'l I'00" West 66.00 feet;
(15) thence South 67°30'00" West 26.40 feet;
(16) thence South 82 °10'00" West 76.56feet;
071 thence South 80 °38'00" West 79.20 feet;
(18) thence North 48'2' )'00" 75.90 feet;
(19) thence North 34 °04'00" West 87.12 feet;
(20) thence North 43 °08'00" West 104.28 feet;
(21) thence North 16 0 27'00" West 52.80 feet: to the Point of Beginning.
Containing 2.68 acres, more or less.
Prepared by Paul Jensen
Professional Land Surveyor 44627
Date: October 22, 201.0
F 44
For assessment purposes only. This description of land is lot a legal,
property description as de.Ened in the `subdivision Map Act and 11-lay not be
used as the basis for an offer for sa =e of the land described.
M1
EXHIBIT B
Legal Description of Principal Propertv
-Pane 12 of 13-
EXHIBIT B
ANNEXATION TO CITY OF SARATOGA
NAME OF ANNEXATION
22490 Mt. Eden Road
Date: 09 -21 -06
GEOGRAPHIC DESCRIPTION
The. land referred to herein is situated in portion of the Northeast of Section 3,
Township 8 South, Range 2 West, M.D.B. M. in the State of California, County
of Santa Clara, Unincorporated Area, described as follo vvs:
All of the 35,1311 acres, more or less, Lands of Thomas (note knoNvn as South
Thunder, LLC} as sho'w'n on the Record of Survey, filed for record in the Office. of
the County Recorder of Santa Clara County in Book 642 of Maps at Page 13;
Beginning at a point in the centerline of Mt. Eden Road as shown on said Record
Of Survey, said Point lying on the existing City Limits of the City of Saratoga as
established by Reorganization Mt. 'Eden Road 79 -2;
Thence, from the point of beginning:
Along a line, the Southeasterly 5.1.66 feet of which lies on said Saratoga City
Limits line
Course 1, North 35 °30'00" West a distance of 167.29 feet,
Thence, (2) North 79 °45'00" West a distance of 13,33 feet to the southeast. corner
of said Lands of Thomas (currently South Thunder, LLC) as sho \vn. on said
Record of Survey, also being the `RUE POINT OF BEGINNING
Thence, (3) North 79 °45'00" West a distance of 83.37 feet to the existing
Saratoga City Limits as established by said Reorganization 79 -2
Thence along said City Lirn.1ts
(4) North 79 45'00" West a distance of 1.40,3 7 1 feet:
Thence (5) :North 87 °22'00" West a distance of 24 -8.82 feet;
'h.ence, (6) South 56 0 30'00'' West a distance of 125.4 -0 feet.;
Thence, (7) South 65c'WD0" West a distance of 148.50 feet;
Thence, (8) South 79 °30'00" West a distance of 97.68 feet;
Thence, (9) North 89 °30'00" West a distance of 92.40 feet;
Thence, (10) South 83 0 15'00" West a distance of 116.16 feet;
Thence, (11) North 43 0 30'00" West a distance of 99.00 feet;
Thence (12) North 87 °30'00" West a distance of 66.00 feet;
Thence, (13) South 86 West a distance of 154.44 feet;
Thence, (14) North:52 0 30'00" West a. distance of 42..24 feet;
Thence, (15) North 83 0 30'00" West :a distance of 112.86 feet;
Thence, (16) North 84 °30'00" West a distance of 83.82 feet;
Thence, (.17) North 79 °30'00" West a distance of 112.20 feet;
Thence, (18) North 85'15'00" West a distance of 83.16 feet;
Thence, (19) North 57 °30'00" West a distance of 62.04 feet;
Thence, (20) North 69 West a distance of 146.11 feet;
Thence, (21A) South 72'15'00" West a distance of 17.82 feet, more or less, to the
WesterIv most Saratoga Cite Limits as established by said Mt. Eden Road 79 -2;
Thence, (2113) leaving said City Limits and continuing along said Lands of
Thomas (South Thunder, LLC), south 72° 1.5'00" West a distance of 150.48 feet,
more or less:
Thence, (2.2) South 36 45'00" West a distance of 94.38 feet to a 3 /4 I.P. on the
most Southwesterly corner of that said Lands of 'Thomas (South. Thunder, LLC);
Thence, (23) North 03 °22'01" West a distance of 980.88 feet to a 4" X 4" post at
the Northwest corner of the Northeast '/4. of Section 3, Tovrnship 8, South, Range
2 West, MI, D.B, 8, M.;
Thence, (24) South 89 °00'58" East a distance. of 1069.20 feet to a 3'" I.P. Per 609
IVi 30 at the most. Northeasterl)7 corner of said Lands of Thomas (South Thunder,
LLC)
Thence, (25) Souf:h 27'21'21" East 9 distance of 160,91 feet:
South 77 "1.2'00" East a distance of 54.44 feet:
Thericc, (27) South 77
East a distance Of 34.12 feet;
Tlie,ncc, (28) South 48'16'00" East a clistance of 73.92 feet:
J'Ilellcc: South 46'42'00" East a distance of 775 feet.;
T hence
South 62'48W" East 2 distance of 50-16 feet;
e ti c (31) South 24N3'00" East a dist.arice of 66.00 feet,
Thence, (32) Soutij 52 East a distance of 61.38 feet
Thence, 3) South 16'27'00," East a distance of 52.80 feet;
'Thence, (34) South 43'08'00 East a distance of 104.28 feet;
Thence, (35) South 34'04'00" East a distance of 8`7. feet;
Thence, C Sou th 45 2 3'00" Fast a distance of 75.90 f eet:
Thence, 7 Noj-tj- 80
3 8'00' East a d of 79.20 .feet;
Then.ce, (38) Nortii 82'10 East
a distance of 76-56 feet:
Thence, (39) North 6730'00" East a distance of.'26,40 feet:
Thence, (4 3) North 88 11 00'' East a di.stance o f eet:
1) S
20`50'00" East a distance of 88.44 feet;
he.nce (42) South 50"1 2'00" Y 1 2'00" East a d.j..stance of 9 1 08 feet;
t C c: South 32 East. a dl'StEulce of' 44.22 feet:
ID
(44) S� )1101 East a. distance. of 88.44 feet..
Thence., (4 51
rice of 99-66 feet.;
SOI-Itll 43 1 6 00" Eas t a distance
Thence (16) South 08° 2 5 '00" E a s t a distan of 62 f e t to the p(,
-and be.irio a poi—lor o In (A
Z�� L ftlie Northeast of Section 3, 8
Iso'U'd Range 2 vea.
b/I.D.B.
Cc 9 3 5 1 3 acres of land ni,on-
'j
/x 'il 7
EXHIBIT C
Legal Description of Merged Property
-PaQt 13 of 13-
EXHIBIT "C"
Situate in Section 3, Township 8 South, Range 2 West, Mount Diablo Base
and Meridian, County of Santa Clara, State of California and described as
follows:
Being the merged and combined lands of South Thunder LLC conveyed and
recorded August 4 2005 in Document 18508248 and lands recorded
October 26, 2005 in Document 918643030, Santa Clara County Records and
more particularly described as follows;
Beginning at the Northwest corner of Parcel B, as shown on that Parcel Map
recorded December 16, 1997, filed in book 697, at page 34, Santa Clara
County Records;
thence easterly, southerly, westerly and northerly along the boundary of said
lands of South Thunder LLC, North 62 °34'43" East, also along the
boundary of said parcel B 246.25 feet to the beginning of a non tangent
curve, concave southerly, having a radius 35.00 feet, a radial line to said
curve bears North 279 1'41" West;
thence easterly along said curve through a central angle of 75 °01'41" an arc
length of 45.83 feet;
thence South 42'10'00" East 190.00 feet to the beginning of a curve,
concave northerly, having a radius of 115.00 feet;
thence easterly along said curve through a central angle of 41 '00'08" an arc
length of 82.30 feet;
thence South 00'38'13" West 116.80 feet;
thence South 22 °35'00" East 88.44 feet;
thence South 43 °13'30" East 290.99 feet;
thence South 08 °25'00" East 39.38 feet to the southeasterly corner of said
Parcel B;
thence leaving said Parcel B South 08 °25'00" East 62.70 feet to the
southeast corner of said lands of South Thunder;
thence North 79'45'00" West 223.74 feet;
thence North 87 °22'00" West 248.82 feet;
thence South 56 °30'00" West 125.40 feet;
thence South 66 °30'00" West 148.50 feet;
thence South 79 °30'00" West 97.68 feet;
1
thence North 89 °30'00"
West 92.40 feet;
thence South 83'15'00"
West 116.16 feet;
thence North 43 °30'00"
West 99.00 feet;
thence North 87 °30'00"
West 66.00 feet;
thence South 86 °00'00"
West 154.44 feet;
thence North 52 °30'00"
West 42.24 feet;
thence North 83 °30'00"
West 1 12.86 feet;
thence North 84 °30'00"
West 83.82 feet;
thence North 79 °30'00"
West 112.20 feet;
thence North 85 °15'00"
West 83.16 feet;
thence North 57 °30'00"
West 62.04 feet;
thence North 69 °52'07"
West 146.11 feet;
thence South 72 °15'00"
West 168.30 feet;
thence South 36 °45'00"
West 94.38 feet to the southwest corner of said
lands of South Thunder;
thence North 03 °22'01"
West 980.88'feet to the northwest corner of said
lands of South Thunder;
thence South 89 °00'58"
East 1069.20 feet;
thence South 27 °21'21"
East 160.91 feet;
thence North 77 °12'00"
East 55.44 feet;
thence South 77 °36'00"
East 54.12 feet;
thence South 48'16'00"
East 73.92 feet;
thence South 46 °42'00"
East 75.90 feet;
thence South 62 °48'00"
East 50.16 feet;
thence South 24'43'00"
East 66.00 feet;
thence South 52 °16'00"
East.61.38 feet to the Point of Beginning.
APN 503 -09 -003
APN 503 -80 -004
Prepared by: Paul Jensen
Professional Land Surveyor #4627
Date: April 17, 2011
M
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
PREANNEXATION AGREEMENT
FOR RECORDATION WITH THE RECORDER'S OFFICE
OF THE COUNTY OF SANTA CLARA
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page i Of 14
SOUTH THUNDER, LLC
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT (Agreement) is made and entered into this
20th day of April, 2011, by and between the CITY OF SARATOGA (City), a municipal
corporation of the State of California, and the SOUTH THUNDER LLC (Owner). The Owner
and the City are collectively referred to herein as the Parties.
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 which said Principal Property is subject to a Williamson
Act Contract which was originally entered into with the County of Santa Clara. Pursuant to
Government Code Section 51243, when the Principal Property was annexed to the City of
Saratoga in 2006, the City succeeded to all rights, duties, and powers of the County under the
Contract. The Principal Property is currently developed with a single family dwelling, garage,
hay barn, utility barn (with an upstairs apartment), stables, a horse riding arena, pool house, and
workshop;
C. WHEREAS, Owner has submitted an integrated annexation package including but not
limited to a Development Proposal 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, any approval of the Development Proposal will be materially based on a
requirement that, the Development Proposal includes merger of Principal Property and
Annexation Property into a single legal parcel for planning and land use purposes (such that the
development potential for a single family dwelling on the Annexation Property will be
extinguished);
E. WHEREAS, Owner currently has no future plans for use or development of the Principal
Property and /or the Annexation Property other than the proposed Use Permit for existing stables
and expansion of the existing single family dwelling contained in the Development Proposal;
F WHEREAS, annexation of the Annexation Property to the City in accordance with the
terms of this Agreement will result in rational comprehensive planning and foster predictability,
certainty, economy and efficiency in future land use planning;
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page 2 of 14
G. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner
shall merge the Principal Property with the 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, and shall rescind the Williamson Act Contract for the Principal Property and
simultaneously re -enter a Williamson Act Contract covering the entire Merged Property, and
shall apply for a Conditional Use Permit and Variation from Standards for the benefit of the
entire Development Proposal located on the Principal Property; and
H. WHEREAS, the purpose of this Agreement is to set forth the City's and Owner's
respective responsibilities and understandings in pursuing and achieving annexation of the
Annexation Property and approval of the Development Proposal; hence, the Parties intend and
agree that the Annexation Property be annexed to the City subject to the following specified
agreements and conditions.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
1. Annexation A Resolution Initiating Annexation having been approved by the City
Council, Owner and City agree that for the purposes and goals and subject to the agreements and
conditions set forth in the Recitals above, and in order to provide for rational long -term land use
planning, the Annexation Property may be processed for final annexation into the City. City
agrees to take the steps necessary to achieve annexation of the Annexation Property at the
soonest reasonable opportunity, including referral of the matters in paragraph 2 below to staff
and the Planning Commission. Owner hereby consents to annexation of the Annexation Property
and agrees to support said annexation.
2. Application and Approval for Use Permit for Stables and Expansion of Single Family
Dwelling The Owner agrees to formally submit a development proposal, attached hereto as
Exhibit C (Development Proposal), to the City which includes the following essential elements:
a. Conditional Use Permit and Variation from Standards. The Owner shall submit
a complete Application and obtain City approval for a Conditional Use Permit for the
stables and a Variation of Standards as to site area, site coverage and/or floor area for the
entire Development Proposal to be located on the Merged Property;
b. Parcel Merger. The Owner shall submit to the City a complete, executed and
recordation ready and acceptable Notice and Deed of Voluntary Merger for parcel merger
and otherwise promptly initiate and diligently pursue to completion all necessary steps to
merge the Annexation Property with the Principal Property 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 66499.20 and City
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page 3 of 14
r
l�
�1.
Code Section 14- 70.080 (as now in effect or hereafter amended). The merger shall
constitute a material basis of the support for the approval of the integrated annexation
package and the required findings for the Variation from Standards 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 AP -OS overlay
zoning district has not been removed by the City;
C. Williamson Act Contract. The Owner shall submit a complete application and
obtain City approval to rescind the Williamson Act Contract on the Principal Property
and simultaneously re -enter a Williamson Act Contract covering the entire Merged
Property, which Williamson Act Contract shall include the stables and all other existing
uses as compatible uses and shall be substantially in the form attached hereto as Exhibit
D;
d. Agricultural Preserve /Open Space Overlay. Owner shall submit a complete
application and obtain City approval to add AP /OS overlay zoning to the entire Merged
Property; and
e. General Plan Amendment for Annexation Property. Owner shall submit a
complete application and obtain City approval to amend the current Hillside Open Space
(H -OS) Pre- General Plan designation on the Annexation Property to a post annexation
General Plan designation of Residential Hillside Conservation (RHC); and
f. Design Review /Building Permit: Owner shall be required to obtain a Design
Review Approval for the expansion of the single family dwelling and a Building
Permit(s) as required by the City Code for implementation of the Development Proposal
once approved. Owner shall have the option of submitting applications for Design
Review and Building Permit as part of the Development Proposal, or may alternatively
submit those applications subsequent, and subject, to approval of the Annexation.
3. Final Annexation Process The City staff and Planning Commission shall review the
Development Proposal submitted under Paragraph 2 above and make recommendations to the
City Council which shall take such action thereon, and such action as to Final Annexation, as it
deems to be in the best interests of the City.
4. Survival of Rights and Obligations The rights and obligations of the Parties as set forth
in this Agreement shall survive annexation of the Annexation Property to the City.
5. Termination of Agreement This Agreement shall have no further force and effect and
each Party shall be released from the obligations set forth herein in the event that annexation of
the Annexation Property to the City has not become final (including an executed LAFCO
Certificate of Completion) within twelve (12) months after the effective date of this Agreement.
6. Legal Action Any party may, in addition to any other rights or remedies herein provided,
institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement
SOUTH THUNDER, LLC PRE ANNEXATIONAGREEMENT
Page 4 of 14
M
herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the
obligations and rights of the Parties hereto or obtain any other remedy consistent with this
Agreement. In no event shall any party be entitled hereunder to monetary damages for any action
or inaction of another party hereunder, including breach of contract. Nothing in this Section shall
be deemed to limit any party's rights under the Tort Claims Act or the City's right to collect fees
allowable and otherwise due and payable or to impose penalties for violations of City
Ordinances.
7. Attorneys Fees and Costs If legal action by any party is brought because of a breach of
this Agreement, or to enforce a provision of this Agreement, each party shall bear their own
attorneys fees and costs.
8. Controlling Law This Agreement shall be construed and enforced in accord with the
laws of the State of California.
9. No Joint Venture or Partnership The Parties hereby renounce the existence of any form
of joint venture or partnership between any or all of the Parties and agree that nothing contained
herein or in any document executed in connection herewith shall be construed as making any or
all of the Parties joint venturers or partners. Further, the Owner is not an agent of the City.
10. Agreement By Owner to Indemnify, Hold Harmless and Defend City as to Action(s)
Challenging Approval of Annexation, this Preannexation Agreement and All City Actions
Processed Prior To Or Concurrently With The Annexation and as to Damage From
Performance of Work Authorized by Any Of Such Actions Owner (or Owner's successor(s)
performing work described in Subsection b. below) hereby agrees to defend, indemnify and hold
the City and its officers, officials, boards, commissions, employees, agents and volunteers
(collectively "City harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action by City on the subject Annexation, or any of the proceedings, acts or
determinations taken, done or made prior to or concurrently with said Annexation; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of the construction, installation, alteration or grading
work by the Owner, or by Owner's successor(s), or by any person acting on their behalf,
authorized by any City action described in subparagraph 10.a. above.
Owner's obligations under subparagraph 10 above shall prevail over any other provision
in this Preannexation Agreement
11. Cooperation in the Event of Legal Challenge
In the event of any administrative, legal or equitable action or other proceeding instituted
by a third party, governmental agency or official challenging the validity of any provision of this
SOUTH THUNDER, LLC PRE ANNEXATIONAGREEMENT
Page 5 of 14
Agreement or the integrated annexation proceedings described herein, the Parties shall cooperate
in defending the action or proceeding.
12. Notices
All notices or communications required hereunder between the Parties shall be in writing
and may be given either personally, by overnight carrier, or by first class mail, addressed to the
party intended to be notified. The notice shall be deemed to have been given and received on the
date delivered in person, or the date of delivery receipt from the overnight carrier, or five days
after deposit with the United States Post Office. Any Party hereto, by giving ten (10) days
written notice to the other, may designate any other address as substitution of the address to
which the notice or communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until duly changed as set forth above.
City of Saratoga
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
South Thunder LLC /Owner
Brooks Hess
William Brooks
577 Salmar Avenue, Second Floor
Campbell San Jose, CA 95008
Copy to:
Richard S. Taylor
City Attorney
City of Saratoga
Shute Mihaly Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
13. Miscellaneous
a. Successor and Assigns. The covenants, terms, conditions and restrictions of this
Agreement shall apply to, bind and inure to the benefit of successors in interest of the
Parties hereto, including heirs, assigns, representatives, executors, administrators and all
other parties, whether they succeed by operation of law or voluntary acts of the City or
Owner. All such successors in interest shall be bound to every provision in this
Agreement, whether or not this Agreement is referred to in the instrument by which such
successors in interest acquire an interest in Owner's Properties or any thereof
b. Parties in Interest. This Agreement is entered only for the benefit of the Parties
executing this Agreement and not for the benefit of any other individual, entity or person.
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page 6 of 14
C. Amendment of Agreement. This Agreement may be amended, but only in writing
by mutual agreement of the original Parties or their successors in interest.
d. Severability. If any term, provision, covenantor condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and effect, unless the
provision held invalid forms a material consideration of this Agreement.
e. Change in Lain. If a subsequent change occurs in federal or state laws or
regulations which precludes compliance with a provision of this Agreement, that
provision shall be modified or suspended only to the extent necessary to comply with the
federal or state law or regulation.
f. Enforceability. Unless this Agreement is amended or terminated pursuant to the
provisions of this Agreement, this Agreement shall be enforceable by any party hereto
notwithstanding any change hereinafter enacted or adopted in any applicable General
Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or
building ordinance.
g. Entire Agreement, This Agreement, and the conditions referred to herein, and the
exhibits attached hereto, constitute the entire understanding and agreement of the parties
and supersedes all negotiation(s) or previous agreement(s) of the parties with respect to
all or part of the subject matter hereof. No alteration or variation of this instrument shall
be valid or binding unless contained in a duly executed written amendment to this
Agreement.
h. Captions. The captions in this Agreement have been inserted solely for
convenience or reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
Approved as to Form:
Richard Taylor, City Attorney
ATTEST:
Ann Sullivan, City Clerk.
CITY OF SARATOGA, CALIFORNIA
a Municipal Corporation
By:
Dave Anderson, City Manager
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page 7 of 14
South,
Thunder, LLC, Owner
W it rized Signrt ry]
Approved as to Form:
William T. Brooks, Esq.
INSTRUCTIONS
This Agreement shall be recorded. 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.)
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page 8Of14
State of California
County of SOY6C_A�
On M. CL L-1 u oLo before me. I Y1 k 0 �Z MCO i &6 tQ Y V ry
personally appeared 11 K ey ec 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 hey executed the same in hi her heir
authorized capacity(ies), and that by hi er eir 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.
RINK00 R. NAT
WITNESS my hand and official seal. COMM. 41831555
m NOTARY PUBLIC CALIFORNIA
SANTA CLARA COUNTY .r
w Comm. Fxpires Feb. i s, 20:3
Signature (Seal)
SOUTH THUNDER, LLC PRE- ANNEXATIONAGREEMENT
Page 9 of 14
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)
SOUTH THUNDER, LLC PRE ANNEXATION AGREEMENT
Page io of 14
EXHIBIT A
Legal Description of Annexation Property
A
ANNEXATION TO CITY OF SARATOGA
22480 Mt. Eden Road
GEOGR,APHIL DESCRIPTION
All that certain real property, situate in. Section 3, Township 8 South, Range
2 idlest, Mount Diablo Base and Metridran, County of Santa Clara, State of
California, also being Parcel B. as shown on the Parcel Map flied. in Book
697 of Maps at Page 34, Santa Clara County Records and n1ore particularly
described. as fol]ows:
Commencing at the Northeast corner of said Section 3; thence South
74 °2 1'55" Vest 1.241.61 feet to the Northwest corner of said Parcel B,
Nvhich point is on the City limits of Saratoga as established by the annexation.
titled "22490 Mt. Eden. .Road" under the City of Saratoga City Council
Resolution. No... 06 -078 recorded at document 2084782-6, Official_ Records
of Santa Clara County, California, also being the Point of Beginning; thence
along said Marcel B boundary, the following courses and distances;
(1) thence North 62°34'43" East 246.25 feet to the beginning of a non-
tangent curve, concave southerly, having a radius 35.00 feet, a radial line to
said curve bears North. 27°1.1.'41" West;
(2) thence easterly.along said curve, through a central, angle of 75 °01'41" an
are length of 45.83 feet;
thence Soutla. 42 °10'00" .East 190.00 feet to the beginning of a curve,
concave northerly, having a. radius of 115.00 feet;
(4) thence easterly along said curve through a central angle of 41 °00'38" an
are length of 823 0 feet;
{5) tl *nce South 0u °38`1 N est 116.80 feet;
(6) thence: South. 22 °35'00" East 88.44 feet;
(7} thence South 43 °13'30" East 290.99 feet:;
(8) thence South 08 °25'00" East 39.38 feet to the Cit \T limits of Saratoga as
established b said annexation;
(9) thence noirtherly and. westerly along said City i ?_mitts of St ratoUa Nort'
43 °1 "00"'' West 99.66 feet:
(1, 0) thence North 50 °05'00" West 88.44 feet;
(1 1) thence: l�orth 12' 07'00" /est 44.22 feet:
(12) thence North 50 °12'00" W est 91.08 feet;
(13) thence North 20 °55'00" West 88.44 feet;
(14) thence South 88 °11'00" West 66.00 feet;
(15) thence South 67 °30'00" West 26-.40 feet;
(16) thence South 82 °10'00" West 76.56 feet;
(17) thence South 80 °38'00" West 79.20 feet;
(18) thence North 48 °23'00" West 75.90 feet;
(1 .9) thence North 34 °04'00" West 87.12 feet;
(20) thence North 43 °08'00" West 1.04.28 feet;
(21) thence North 16 °27'00" West 52.80 feet: to the Point ofBeginning.
Containing 2.68 acres; more or less.
Prepared by: Paull Jensen.
Professional Land Surveyor 94627
Date: October 22, 201.0
�S.
4 46 j
f
YP. w x f `i
1
t
For assessment purposes only. This description of .land is not a legal
property description as defined in the Subdivision Map Act and may not be
used as the basis for an offer for sale of the land described.
7
EXHIBIT B
Legal Description of Principal Property
e
ANNEXATION TO CITE' OF SARATOGA
NAME OF ANNEXATION
22490 Mt. Eden. Road
Date: 09 -21 -06
GEOGRAPHIC DESCRIPTION
The land referred to herein is situated in portion of the Northeast 1 14 of Section 3,
Township 8 South, Range 2 West, M.D.B. M. in the State of California, County
of Santa Clara, Unincorporated Area, described as follmvs:
All of the 35.1311 acres, more or less, Lands of Thomas (now knmvn as South
Thunder LLC) as shown on the Record of Survey, filed for record in the Office of
the County Recorder of Santa. Clara County in Book 642 of Maps at Page 13;
Beginning at a point in the centerline of Mt. Eden Road as shown on said Record
of Survey, said point lying on the existing City Limits of the City of Saratoga as
established by Reorganization Mt. Eden. Road 79 -2;
Thence, from the point of beginning:
Along. a line, the Southeasterly 5.1.66 feet of which lies on said Saratoga Cite
Limits lane
Course 1, North 35 °30'00" West a distance of 167.29 feet;
Thence, (2) North 79 °45'00" West a distance of 13.33 feet to the southeast. corner
of said Lands of Thomas (currently- South Thunder, LLC) as sho«Tn on said
Record of Survey, also being the TRUE POINT OF BEGINNING;
Thence, (3) North 79 45'00" West a distance of 83.37 feet to the existing
Saratoga City Limits as established by said Reorganization 79 -2
Thence along said City Limits
(4) North 79 0 4500" West a distance of 140.37 feet:
Thence, (5) North 87 °22'00" West a distance of 24 -8.82 feet;
Thence, (6) South 56 °30'00'' tiniest a distance of 1.25.40 feet;
Thence, (7 South 66 °30 V� .-st a distance, o,`. 148.50 feet::
Thence, (8) South 79 0 30'00" West a distance of 97.68 feet;
Thence, (9) North 89 °30'00" West a distance of 92.40 feet;
Thence, (10) South 83 °15'00" West a distance of 116.16 feet;
Thence, (11) North 43 °30'00" West a distance of 99.00 feet;
Thence (12) North 87 30'00" West a distance of 66.00 feet;
Thence (13) South 86 °00'00" West a distance of 154.44 feet;
Thence, (14) Nortla 52 °30'00" West a. distance of 42.24 feet;
Thence (1.5) North 83 °30'00 West a distance of 112.86 feet;
Thence, (16) North 84 °30'00" West a distance of 83.82 feet;
Thence, ,(17) North 79 °30'00" West a distance of 112.20 feet;
Thence, (18) North 85 '15'00" West a distance of 83.16 feet;
Thence, (19) North 57 °30'00" West a distance of 62.04 'feet;
Thence, (20) North 69 52'07" West a distance of 146.11 feet;
Thence, (21A) South 72'15'00" West a distance of 17.82 feet, more or less, to th
«-esterl -v most Saratoga City Limits as established by said. Mt. Eden Road 79 -2;
Thence, (21B), leaving said Cite Limits and continuing along said Lands of
Thomas (South Thunder, LLC), south 72 0 1.5'00" West a distance of 150.48 feet,
more or less;
Thence, (22) South 36 °45'00" West a distance of 94.38 feel: to a 3 /4" I.P. on the
most South« corner of that said Lands of 'Thomas (South. Thunder, LLC);
Thence, (23) North 03 °22'01" West a distance of 980.88 feet to a 4" X 4" post at
the North vve:st corner of the Northeast %a of Section 3, Township 8, South, Range
2 West, M.D.B. M.
Thence, (24) .South 89 1 00'58'' East a distance of 1069.20 feet to a '4'' I.P. Per 609
IV 30 at the most Northeasterly corner of said Lands of Thomas (South Thunder,
LLC);
Thence, (25) South `2,7 East a distance of 160.91. feet:
(26) -South.
77
f East a distance of 54,11. feet
Thence, (97 South 77
ast a distance of 54.1.2 feet:
Thence, (28) O ou,th 48 East a. cli-stance of 73,92 feet:
j hence,
(29) South 46 East a dista11ce of. '75.90
feet;
en e, (30) South 62c48'00" East a distance of 50. fe et;
Thence,. (3 1) Scj-ultil 24 `43'00" East. a distance. of 66.00 feet:
Thence, (32) South 5 East a d1stance of 61.38 feet
Thence, (3 3) South 16 a.i
East a dist icc of 52.80 feet,
Phence, (3,4) South 43"08'00" East a di stance of 104,28 feet;
`F ilell:ce, (35j South 34 East a distance of 87. 12 feet;
Thence, South 48 East a cl.i.stance of 75.90 feet:
Thence, (3 7) North 800 38'00" East a distance of 7c- feet:
D
Thence, (38) Norl .i 82 10'00" East a distance of 76-56 feet.; l
Thence, (39) North 67"30'00" East a cl.'
Istcance of 26,10 feet;
North 88" 11'00" East a di.stance 01'66.00 feet:
Thence, (4 1) S
20 `5500" East a distance of 8,S fee
.4 �l
Thence, (42) South 50 12'00" East a distance. of 91.08 feet;
Thence, (4.3) South '32"OTOT East a clistance ol'44,22 feet;;
f'141 -11 0 0 L, isLanc(� c)fS,9,44 fe.et..
D East a d'
L 0
Thence, (45) Sol," I 'c'.16'00" Ea a distarjce, of 99,66 feet
Thenc (4 South East a cll'StallCe of 6_ i 0 fe t ter, -7 TYUe
and bejing a portion of the 1\ orth east 1/4 of sectjcl] nt of
Tcrvi-
UL,
2 JNI
D B
Con t
acres of land ill.o
c)l- less.
EXHIBIT C
Development Proposal
Exhibit "C"
Development Proposal
Thunder Ranch hereby applies for the listed items and incorporates by reference the materials in
the City file for the following applications:
ANEX 09 -0002:
Parcel Merger. The Owner shall submit to the City a complete, executed and recordation ready
and acceptable Notice and Deed of Voluntary Merger for parcel merger and otherwise promptly
initiate and diligently pursue to completion all necessary steps to merge the Annexation Property
with the Principal Property 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 66499.20 and City Code Section 14- 70.080 (as now in effect or hereafter amended).
The merger shall constitute a material basis of the support for the approval of the integrated
annexation package and the required findings for the Variation from Standards 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 AP -OS overlay zoning district has
not been removed by the City;
Williamson Act Contract. The Owner shall submit a complete application and obtain City
approval to rescind the Williamson Act Contract on the Principal Property and simultaneously
re -enter a Williamson Act Contract covering the entire Merged Property, which Williamson Act
Contract shall include the stables and all other existing uses as compatible uses and shall be
substantially in the form attached hereto as Exhibit D.
GPA 11 -0002 General Plan Amendment for Annexation Property. Owner shall submit a
complete application and obtain City approval to amend the current Hillside Open Space (H -OS)
Pre General Plan designation on the Annexation Property to a post annexation General Plan
designation of Residential Hillside Conservation (RHC).
ZOA 10 -0005 Agricultural Preserve /Open Space Overlay. Omer shall submit a complete
application and obtain City approval to add AP /OS overlay zoning to the entire Merged Property.
CUP 10 -0010 Conditional Use Permit and iariation from Standards. The Owner shall submit
a complete Application and obtain City approval for a Conditional Use Permit for the stables and
a Variation of Standards as to site area site coverage and /or floor area for the entire
Development Proposal to be located on the Merged Property.
PDR 10 -0017 Design Revieii /Building Permit: Owner shall be required to obtain a Design
Review Approval for the expansion of the single family dwelling and a Building Permit(s) as
required by the City Code for implementation of the Development Proposal once approved.
Owner shall have the option of submitting applications for Design Review and Building Permit
as part of the Development Proposal; or may alternatively submit those applications subsequent,
and subject, to approval of the Annexation.
EXHIBIT D
Williamson Act Contract (Merized Property)
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
LAND CONSERVATION CONTRACT
(California Land Conservation Act of 1965 Williamson Act)
FOR RECORDATION WITH THE RECORDER'S OFFICE
OF THE COUNTY OF SANTA CLARA
SOUTH THUNDER, LLC LAND CONSERV_ATIO_N CONTRACT FOR MERGED PROPERTY
Page 1 of r
LAND CONSERVATION CONTRACT
This is a Land Conservation Contract (the '`Contract between the CITY OF
SARATOGA (the "City'), and SOUTH THUNDER, LLC and /or any successors thereof (the
"Owner
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 A2, attached hereto
and incorporated herein by this reference ("Annexation Property
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'), which said Principal Property is subject to a Williamson
Act Contract originally entered into with the County of Santa Clara, and pursuant to Government
Code Section 51243 when the Principal Property was annexed to the City of Saratoga in 2006,
the City succeeded to all rights, duties, and powers of the County under the Williamson Act
Contract. The Principal Property is currently developed with a single family dwelling, garage,
hay barn, utility barn (with an upstairs apartment), stables, a horse riding arena, pool house, and
workshop;
C. WHEREAS, Owner has submitted 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, any approval of the Development Proposal will be materially based on a
requirement that, the Development Proposal includes merger of Principal Property and
Annexation Property into a single legal parcel (the "Merged Property" described at Exhibit C
attached hereto and incorporated herein by this reference) for planning and land use purposes
(such that the development potential for a single family dwelling on the Annexation Property
will be extinguished);
E. WHEREAS, concurrent with amlexation of the Annexation Property to the City, Owner
shall merge the Principal Property «7ith the Annexation Property (by both Deed and a new
recorded final Parcel Map) into a single legal parcel (the "Merged Property") for planning and
land use purposes and shall rescind the Williamson Act Contract for the Principal Property and
simultaneously re -enter a Williamson Act Contract covering the entire Merged Property, and
shall apply for a Conditional Use Permit and Variation from Standards for the benefit of the
entire Development Proposal located on the Principal Property;
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY
PO,6? of 13
F. WHEREAS, the resulting Merged Property is presently devoted to agricultural or open
space and*uses and uses compatible thereto and the merger shall constitute a material basis of the
support for the required findings for the Conditional Use Permit and Variation from Standards
granted by the 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 AP /OS overlay zoning district has not been removed by the City;
G. WHEREAS, both Owner and City desire to restrict the use of the resulting Merged
Property to agricultural, open space and uses compatible thereto; and
H. WHEREAS, the parties have determined that the highest and best use for the resulting
Merged Property during the term of this Land Conservation Contract, or any renewal thereof,
shall be for agriculture, open space and uses compatible thereto.
AGREEMENT
NOW THEREFORE, City and Owner agree as follows:
CONTRACT SUBJECT TO LAND CONSERVATION ACT OF 1965
This Contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of
Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land
Conservation Act of 1965 or the Williamson Act, hereinafter referred to as the "Act." This
Contract is subject to all of the Provisions of the Act including any amendments thereto which
may hereafter be enacted.
2. RESTRICTIONS ON USE OF PROPERTY
During the term of this Contract, and any and all renewals thereof, the Property shall not
be used for any purpose other than the agricultural, open space and recreational uses and uses
compatible thereto. A list of all such compatible uses is set forth in Exhibit Al, attached hereto
and by this reference incorporated herein.
City may from time to time during the term of this Contract and all renewals thereof, add
to the list of compatible uses additional uses which shall apply uniformly to all property located
in the agricultural preserve in which the Property is located; provided however, City may not
during the tenn of this Contract or any renewal thereof, without the prior written consent of
Owner, remove any of the compatible uses for the subject Property which are set forth in Exhibit
Al. The provisions of this Contract and any supplementary list of compatible uses are not
intended to limit or supersede the planning and zoning powers of City.
RESTRICTIONS ON SUBDIVISION OF PROPERTY
In order to be subdivided, the Merged Property must satisf. certain additional
requirements of California law (including but not limited to any limitations imposed by the
SOUTri THU_NDER, L C LQ 1�FD Co T7 ATIOIY CONTRACT FOR MERGED PROPERTY
Page 3 of 13
Williamson Act or the Subdivision Map Act) for division of land, or lot line adjustment of land,
which is subject to a contract under the Act. Furthermore, the Merged Property shall not be
subsequently subdivided so long as any portion of the Merged Property is subject to a
Williamson Act Contract, or the City's AP /OS overlay zoning district has not been removed by
the City.
4. TERM OF CONTRACT
This Contract shall become effective on the date of execution by the City and shall
remain in full force and effect for an initial term of ten years, which term shall commence on one
of the dates specified below in this paragraph. If the date of execution of this Contract is
between March 2 and December 31, the initial term of ten years shall commence as of the first
day of January next succeeding the date of execution. If the date of execution of this Contract is
between January 1 and March 1, the initial term of ten years shall commence as of the first day
of January of the year of execution. Each succeeding first day of January shall be deemed to
be the annual renewal date of this Contract. This Contract shall be renewed automatically on
each succeeding January 1 and one additional year shall be added automatically to the initial
term unless notice of nonrenewal is given as provided in Paragraph 5.
5. NOTICE OF NONRENEWAL
(a) If either party desires in any year not to renew this Contract, that party shall serve
written notice of nonrenewal upon the other party in advance of the annual renewal date
of this Contract. Unless such written notice of nonrenewal is served by Owner at least 90
days prior to the renewal date, or by City at least 60 days prior to the renewal date, this
Contract automatically shall be renewed for an additional year as provided in Paragraph 4
above.
(b) In the event that City serves written notice of nonrenewal of this Contract, the
Owner, within ten (10) days after receipt of such notice by Owner, may submit to City a
written protest of nonrenewal. The notice shall be deemed to have been received on the
date delivered in person, or the date of delivery receipt from the overnight carrier, or five
days after deposit with the United States Postal Service. City may at any time prior to the
next following renewal date thereafter, withdraw such notice of nonrenewal and in such
event, this Contract shall continue as if no such notice of nonrenewal had been served.
(c) If either party serves written notice of nonrenewal in any year within the time
limits of (a) above, this Contract shall remain in effect for the balance of the term
remaizng on the Contract as of the last automatic annual renewal. If the initial term of
the Contract NN7as ten (10) years the remaining term after notice of nonrenewal is nine
(9) years.
6. NO COMPENSATION
SO UTH THUNDER, LLC LAnrD COIVSERVATION COI\rT R,a CT FOR MERGED PROPERTY
Fa,e Z, or_�
Owner shall not receive any payment from City in consideration of the obligation
imposed under this Contract, it being recognized and agreed that the consideration for the
execution of this Contract is the substantial benefit to be derived therefrom, and the advantage
that may accrue to owner as a result of the effect upon the assessed value of the Property on
account of the restrictions on the use of the Property contained herein.
7. SUCCESSORS IN INTEREST
This Contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, all successors in interest of the Owner and the City.
8. CANCELLATION
This Contract may not be cancelled except pursuant to the provisions of the Act.
9. NOTICES
All notices required or permitted by this Contract, including notice of a change of
address, shall be in writing and given by personal delivery, by overnight carrier, or by first class
mail, addressed to the party intended to be notified. The notice shall be deemed to have been
given and received on the date delivered in person, or the date of delivery receipt from the
overnight carrier, or five days after deposit with the United States Postal Service.
Notice to the City shall be addressed:
CITY OF SARATOGA, attn. CITY CLERK
City Hall
13777 Fruitvale Avenue
Saratoga, California 95070
Notice to Omer shall be addressed:
SOUTH THUNDER, LLC
c/o Brooks Hess
Attn. William T. Brooks, Esq.
577 Salmar Avenue, Second Floor
Campbell, CA 95113
10. I 'VALIDITY
City may declare this Contract terminated if it (or another substantially similar Contract)
is declared invalid or ineffective in any court adjudication which has become final. but no
cancellation fee or other penalties shall be assessed against Owner based upon such termination.
SOUTH THUNDER, LLC LA TD CONSERI /ATION CONTRf1 CT FOR 101 EP, GFD PP, OP ZIP, TI'
Page -5 of 13
11. HOLDERS OF RECORD
Owner represents and warrants that the persons signing below are the only persons with
legal and security interests in the Property and agrees to indemnify, defend and save harmless
(collectively "indemnify the City from any and all claims, suits or losses caused by a breach of
this representation or warranty. This representation, warranty, and agreement to indemnify, are
binding upon the Owner (including Owner's successors in interest). Signatures of holders of
security interests shall only be evidence of notice of the Contract and acceptance by the holders
of security interests of the binding restrictions herein.
IN WITNESS WHERE, the parties hereto have caused this Contract to be executed by
Owner on
ATTEST: City Clerk
Ann Sullivan
CITY OF SARATOGA
Dave Anderson, City Manager
SOUTH THUNDER, LLC
NOTE: All signatures of both owners and holders of security interests
must be property notarized
APPROVED AS TO FORM:
Richard Taylor City Attorney
'\Villiain T. Brooks, Attorney for SOUTH THUNDER, LLC
and by City on
(print name)
(print title)
SOUTH THUNDER, LLC LTA ND CONSERVATION CONTRA! CT FOR MfFRGED PRO PER, y
Page 6 of
EXHIBIT Al
LAND CONSERVATION CONTRACT (WILLIAMSON ACT)
COMPATIBLE USE LIST
The following is a list of land uses determined to be compatible with the agricultural use,
open space and recreational use of the land subject to this Contract:
1. Facilities for, and the drying, packing or other processing of, an agricultural
commodity usually performed on the premises where it is produced but not including slaughter
houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter.
2. Structures necessary and incidental to the agricultural use of the land (including
but not limited to, dwellings for persons employed in the agricultural use of the land).
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of preserving open
space for recreation or plant or animal preserves.
5. Single family dwellings incidental to the agricultural use of the land for the
residence of the owner, and the family of the owner, the lessee of the land and the family of the
lessee, so long as otherwise in compliance with the City's land use regulations (including density
regulations).
Owner or lessee shall be construed to include:
(a) stockholders in family corporations;
(b) beneficiaries of family trusts and estates;
(c) owners of undivided partial interests in the fee for the sale of agricultural
commodities produced on the land;
(d) members in family LLCs; and
(e) partners in family limited partnerships.
6. The erection, construction, alteration or maintenance of gas, electric, water or
communication utility facilities, in compliance with the CITY's underground utility ordinance
No. NS -3.20.
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERCED PROPEPTI'
Page 7 of zl
7. Public or private fishing.
8. Public or private riding or hiking trails.
9. Stables and the boarding of horses or other livestock, a horse riding arena, but not
including an animal hospital or kennel.
10. A garage, hay barn, utility barn (with an upstairs apartment), pool house, and
workshop.
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY
Page 8 of 13
INSTRUCTIONS
This LAND CONSERVATION CONTRACT 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)
SOUTH THUNDER, LLC LAND CONSERA _ATION CONTRACT FOR ]KERGED PROPERTY
Page 9 of 13
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)
SOUTH THUNDER, LLC LAND CONSERVATION CONTRACT FOR MERGED PROPERTY
Page 10 of 13
EXHIBIT A2
Legal Description of Annexation Property
-PaL 11 of 13-
EXHIBIT B
Legal Description of Principal Property
-PaL 12 of 13-
EXHIBIT C
Legal Description of Merged Property
-Page 13 of 13-