HomeMy WebLinkAboutCity Council Resolution 2243)-.Requested by, and return to:
City Clerk, City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. 2243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA CAMCELI~NG THE DEFERRED IMPROVEMENT
AGREEMENT FOR TRACT '/5'/8
WHEREAS, the City of Saratoga ("City") and Floyd Gaines ("Owner")
executed a certain Deferred Improvement Agreement dated August 1, 1984, as
recorded in the office of the Recorder for Santa Clara County, California, on August
16, 1984, in Book 1799, Page 463, as Instrument No. 8160644, said Agreement
pertaining to Tract 7578; and
WHEREAS, Owner has requested City to cancel said Deferred Improvement
Agreement and to replace the same with a separate agreement covering each of the
condominium units within Tract 7578, in order to comply with the requirements of the
California Department of Real Estate; and
WHEREAS, City has agreed to cancel said Deferred Improvement
Agreement on condition that replacement agreements are duly executed and recorded
current with the recordation of this Resolution,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. Subject to the condition set forth in Paragraph 2 hereof, the Deferred
Improvement Agreement between City and Owner dated August 1, 1984, as recorded
on August 16, 1984, in Book 1799, Page 463, Instrument No. 8160644, Official Records
of Santa Clara County,' California, is hereby cancelled and declared to be of no further
force'or effect and shall no longer constitute a lien or other encumbrance against all
of Tract 7578.
2. The cancellation of said Deferred Improvement Agreement is
expressly conditioned upon the execution and recordation of a separate deferred
improvement agreement covering each of the condominium units within Tract 7578,
and imposing upon the owner of each such unit the obligation to pay his proportionate
share of the cost of undergrounding the overhead utilities along Oak Street, as
described in said Deferred Improvement Agreement.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 5th day of June, 1985, by the following vote:
AYES: Councilmembers Clevenger, Hlava and Moyles
NOES: None
ABSENT: Councilmember Callon and Mayor Fanelli
ND FEE To BE 8HARGED
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CITY DF SARATDGA
ABSTAIN: Nc~e
' ' MAYOR' ' ~'
ATTEST:
CITY CLERK