HomeMy WebLinkAboutCity Council Resolution 2157 RESOLUTION NO. 2157
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA C.X)MSENTING TO MODIFICATION OF SITE
DEVELOPMENT PLAN AND DECLAKATION OF
RESTRICTIONS FOR TRACTS 6526 AND 6528 (PARKMR
RANCH)
WHEREAS, the City of Saratoga has previously approved a Site
Development Plan submitted by Blackwell Homes pertaining to Tracts 6526 and 6528
commonly known as the Parker Ranch; and
WHEREAS, approval of the Site Development Plan was conditioned upon a
restriction against the installation of swimming pools on certain lots within the
subdivision, and further required such restriction to be incorporated into the
Declaration of Restrictions for the subdivision, and prohibited any amendment to such
Declaration without the prior consent of the City of Saratoga; and
WHEREAS, Blackwell Homes has requested the City to modify the Site
Development Plan and the Declaration of Restrictions to allow the construction of a
swimming pool on Lots 8, 21 F, 75, L and K, which are presently included among the
lots on which the construction of a swimming pool is prohibited; and
WHEREAS, at its regular meeting on September 28, 1983, the Planning
Commission of the City of Saratoga considered the request by Blackwell Homes for
modification to the Site Development Plan and consent by the City to amendment of
the Declaration of Restrictions to permit the construction of a swimming pool on said
Lots, and the Planning Commission has recommended to the City Council that such
request be granted with respect to Lots 8, 21, F, L and K only and be denied with
respect to Lot 75,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. Consent is hereby given for modification of the Site Development
Plan for Tracts 2526 and 2528, to permit the construction of a swimming pool on Lots
8, 21, F, L and K.
2. Consent is hereby denied for construction of a swimming pool on Lot
75 and the restriction of such lot shall remain in effect.
3. Consent is further given to amend the Declaration of Restrictions
pertaining to Tracts 2526 and 2528, as recorded on September 29, 1979, in Book E 805,
Page 326, Official Records of Santa Clara County, such amendment to be in the form
of Exhibit "A," attached hereto and made a part hereof.
4. The consent herein granted by the City of Saratoga to modify the
Site Development Plan and to amend the Declaration of Restrictions shall not
constitute a consent to any further cf other modification or amendment thereof.
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Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 18th day of July, 1984, by the following vote:
AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: None
~v~AyOR~ ~
ATTEST:
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VALLEY .TITLE COMPANY
VTC# i7265I PB
WHEN RECORDED MAIL TO:
VALLEY TITLE COMPAt~Y L
300 S, First Street
San Jose, CA 95113
.lily uLiElOP~
MODIFICATION OF RESTRICTIONS
WHEREAS, there was filed for record a Declaration of
Restriction, dated August 21, 1979, executed by Blackwell Homes,
a partnership and. Valley Title Company, ~ corporation, and
recorded September 20, t979 in Book E805 of'Official Records, page
326, affecting all of Tract No. 6526, which map was filed for
record in the office of the Recorder of the County of Santa Clara,
State of CaIifornia on August 23, 1979 in Book 448 of Maps, at
pages 25, 26 and 27, Santa Clara County Records; and affecting
all of Tract 6528 which Flap was filed for record in the office of the
_. , Recorder in Book 499 of blaps at pages 35-41 Santa Clara County
Records.
WHEREAS, the undersigned is the record owner of 75% of
the lots in said Tract Nos, 6526 and 6528;
WHEREAS, the undersigned is the record owner of 75% of
the lots in said Tract 6526 and 6528 does hereby amend and modify
said Declaration of Restrictions by changing the following
paragraph:
Section 3. Pools: No pools {except spas).may be cons-
tructed or permitted to exist
(a) Tract 6528 on lots 12, ]4, 15, 20, 32, 33,
34, 37, 3g, 40, 42, 43, 50, 51, 52, 53, 54,
62, 63, 64, 65, 66.67, 68, 72, and 75
(b) Parcel J as shown on the Parcel Map filed for
record on July], ]982 in Book 504 of Maps,
Page 5, Santa Clara County Records
(c)Parcels M and N as shown on the Parcel ~ap
filed for record on Hay 25, 1983 in Book 513
~. of Naps, Page 17 in Santa Clara County Records
,. '(d) Parcel E as shown on the Parcel Map filed for
record on September 1, 1982 in Book 504 of Maps,
page B in Santa Clara County Records.
Pools on the remaining lots are to be placed on slopes of 30% or
less and will be subject to City Staff design review to insure
correct placement in relation to trees and slope. Decisions of saia
city S~aff may be appealed to the PIanning Commission through the
Design Review process.
The approvals for pools on Lots 8, 21, Parcels F, L and K are tD'
be reviewed and approved by the Planning Commission at the time of
the Design Review of the main residence.
All other terms and conditions of the Declaration of
Restrictions hereinabove referred to shall remain in full force
and effect.
~ated: April 16, 1984
VALLEY TITLE COI.IPANY,
A CORPORAlION
M. C. JOIINSON, I,' .' ,.~-~
B ~..:~'~ P'~te Bore[ 1o
' M~/'~ '
,Johnson, -ident
7 ' Executive Vice President
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