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Home My WebLink About104-Merger.pdf______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 1 of 4 Recording Requested By: CITY OF SARATOGA After Recordation Return To: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 ______________________________________________________________________________ Notice and Deed of Voluntary Merger (Revised) FOR RECORDATION WITH THE RECORDER’S OFFICE OF THE COUNTY OF SANTA CLARA ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 2 of 4 Notice and Deed of Voluntary Merger (Revised) 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 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 the approval of the Development Proposal was the fact that the Development Proposal included merger of Principal Property and Annexation Property (by Deed) 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 was extinguished); E. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner agreed to 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, and pursuant to said agreement Owner executed a Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property, which Deed was recorded as Document No. 21191123 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011. F. WHEREAS, during the period that Owner has been processing the annexation of the Annexation Property and its merger with the Principal Property and the related Development Proposal, the two members who have been the sole owners of Owner STLLC have also been in the process of reallocating their joint ownerships of properties owned by STLLC and other entities between themselves. This reallocation of ownerships resulted in an untimely transfer by grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 3 of 4 through its sole member manager, and STLLC, by and through its two members and its manager, rescinded both transfers to Grace PB LLC, effective as of April 28, 2011, by the execution of a Rescission Agreement, and Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21286993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011; G. WHEREAS, City has ratified its prior adoption of its Resolution Nos. 11-026, 11-027, and 11-028 related to its April 20, 2011 approvals of Owner’s Integrated Annexation Package (including but not limited to Owner’s Development Proposal) by its adoption of Resolution No. __________ at its regular meeting on September 7, 2011, and Owner thereby intends to resolve any issue with respect to the effectiveness of the Notice and Deed of Merger (Document No.21191123) previously recorded in the office of the County Recorder, Santa Clara County, on May 26, 2011; NOW THEREFORE, Owner agrees, gives notice and voluntarily deeds the Annexation Property and the Principal Property 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 pursuant to Grantor's express written statement hereby that such deed shall merge and consolidate the two separate parcels into one single parcel. Notice is further given that Owner initiated and diligently pursued 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 was extinguished). The necessary steps for such merger include this Deed pursuant to City Code Section 14-70.080 (as amended June 1, 2011). 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. This Notice and Deed shall serve as Grantor's express written statement that such deed shall merge and consolidate the two separate parcels into one single parcel and pursuant to City Code Section 14-70.080 as required by the preceding paragraph. The two previously existing separate parcels were also identified as Assessor's Parcel Number: APN 503-09004 (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 constituted 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 ______________________________________________________________________________ SOUTH THUNDER, LLC NOTICE AND DEED OF VOLUNTARY MERGER (REVISED) Page 4 of 4 limited to the Use Permit and Variation from Standards granted by City on April 20, 2011, and the Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or the City's Agricultural Preserve/Open Space (AP/OS) Overlay Zoning District has not been removed from the Merged Property by the City. Signed by Grantor Date: _____________________ SOUTH THUNDER, LLC By___________________________ _________________________(print name) _________________________(print title) NOTE: All signatures of both owners and holders of security interests must be property notarized. ACKNOWLEDGMENT State of California County of ______________ } ss. On ___________________, before me, _____________________________Notary Public, 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 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