HomeMy WebLinkAboutCity Council Resolution 2203 RESOLUTION NO. 2203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING AN AMENDMENT TO THE COVENANTS,
CONDITIONS AND RESTRICTIONS FOR TRACT # 6628
WHEREAS, the City has approved certain Covenants, Conditions
and Restrictions for Tract # 6628 imposed upon all lots within said
Tract; and
WHEREAS, said Covenants, Conditions and Restrictions may not
be amended without prior approval by the City; and
WHEREAS, said Covenants, Conditions and Restrictions contained
wording which restricted the amount of area that shall be enclosed by
fencing; and
WHEREAS, the developer of said tract and a property owner within
said tract wish to amend the CC & R's to allow Planning Commission
consideration of a variance for fencing that encloses an area greater
than 4,000 square feet,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Saratoga:
1. The Amendment to Section 2.02(f) of the Covenants, Conditions,
and Restrictions previously approved by the City of Saratoga
in connection with Tract #6628 is hereby approved in the
form of Exhibit "A" attached hereto and made a part hereof.
2. The applicant shall submit to the City an endoEsed copy of
the amendment ~0 the CC & R's after the same has been
recorded.
I hereby certify the foregoing to be true, full and correct
copy of a resolution duly passed and adopted by the City Council of
the City of Saratoga, California, at a meeting thereof held on the
2nd day of January , 1985, by the following vote of the
members thereof:
AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: None
ABSENT: None
MAYOR
ATTEST:
'DEPUTY CITY C
Reco~dln~ R~ues~ed By:
~en Reao~ed Mail ~o:
ROG~ L: ~INO,
Maino, liarward & Sutton
1901 S. Bascom Avenue I1050
Campbell , CA, 95008
DECLARATION OF AMEND[.~ENT OF
COVENANTS, COI.)DITIOIiS AND RESTRICTIONS
FOR TRACT 6628
W}iEREAS, on June 10, 1981, a Declaration of Covenants,
Conditions and Restrictions was recorded in the County of
Santa Clara, State of California, bearing document number
7081~44~
WHEREAS, an Amended Declaration of Covenants, Conditions
and Restrictions and Reservations of Easement for Tract 6628
was ~iled on March 4, 19S3, in the County of Santa Clara,
State of California, bearing document number 7G14109~ and
~... ~ERLAS, the declarant that owns ll of the 15 lots
Tract 6628 desires to amend a provision of the subject Decla~-
· tion of Covenants, Conditions and Re~trict/ons for Tract 6623
in order to contply with the directions of the Saratoga Plann-
ing Depart~ent ahd obtain a variance with reference to fences,
" walls and hedges;
NOW, TLLRLFORE, {he majority of the owners of all the pro-
petty in Tract 6628, that being McBain & Gibbs, Inc., a
California corporation, amend the Declaration of Covenants,
Conditions and Restrictions and Reservation of Easement for
Tract 6628 at paragraph 2.02(f) to read as follows:
'Fences, hedges and walls must be approved by the
Co~unittee and must be constructed or planted pur-
suant to the City's NtiR Zoning District Regulations.
All such structures or plantings shall be located
so as not to enclose or encompass an area in excess
of four thousand (4,000) square feet without approval
of the Committee and variance approval granted by
the City."
IN WITNESS W}~ERtOF, the undersigned~ being an authorized
corporate officer, does execute this amendment on Dec. 20
198..4._, at Campbell, California.
· State of California ) ss.
County of Santa Clara )
· On December 20, 1984, before me, the undersigned Notary Public,
duly commissioned and sworn, personally appeared ROBERT A. McBAIN,
personally known to me or proved to me on the basis of satisfactory
evidence, to be the person whose name is subscribed to the within
instrument as Secretary of the named corporation and that he executed
such instrument pursuant to the bylaws of the corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official'~'eal in the County of Santa Clara on the date set forth
above.
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