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HomeMy WebLinkAboutCity Council Resolution 2085 RESOLUTION' NO. 2085 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SARATOGA CONSENTING TO AMENDMENT OF THE COVENANTS, CONDITIONS AND RESTRIC- TIONS FOR TRACT NO. 6528 WHEREAS, the City Council of the City of Saratoga has previously approved the Declaration of Covenants, Conditions and Restrictions for Tract No. 6528 submitted by Blackwell Homes, as declarant, and recorded on May 3, 1982, in Book 499, Pages 35-41 et seq., Official Records of Santa Clara County, California; and WHEREAS, the Declaration of Covenants, Conditions and Restrictions, as recorded, provides that no amendment shall be made thereto without the prior consent of the City of Saratoga; and WHEREAS, 75% of the Lot Owners, desire to amend Article IX., "City Imposed Conditions, Section 3, Pools" of said Declaration of Covenants, Conditions and Restrictions for Tract No. 6528, which amendment shall thereafter be recorded in the Official Records of Santa Clara County, Calif.; and WHEREAS, the City Council of the City of Saratoga finds the proposed amendment to the Declaration of Covenants, Conditions and Restrictions to be consistnet with the restrictions imposed by the City for development of Tract No. 6528 and the agreements entered into between the declarant and the City of Saratoga, including that certain settlement agreement dated June 1, 1981, NOW, THEREFORE, BE ]T RESOLVED that the City Council of the City of Saratoga does hereby consent to the amendment of the covenants, conditions and restrictions for Tract No. 6528 and the recording of the amendment to the declaration in the form of Exhibit "A" attached hereto and made a part hereof. The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Saratoga held on the l?t.l~ day of Aucj~st , 1983 by the following vote: AYES: Councilmenbers Callon, Clevenger, Fanelli, Mallory and MayorMoyles NOES: Nor~ ABSENT: None ATTEST: CITY A~NDMBNT TO DECLA~ATION OF COVENAWrS~ CONINTION~ AND 1~STRIC'HONS · . Section 3(b) of Article IX of the Declaration of Covenants,' Conditions and Restrictions for that certain tract of' real property known as the Parker Ranch, designated as Document No. 6503842 and filed 'i~i'the Office of the County Recorder of Santa Clara County, California, in Book E805, at pages 326-344, inclusive, is hereby amended to permit the construction and ~existenee of a pool on Lot H recorded on that Parcel Map filed in the Office of the County Recorder of Santa Clara County, California, on September 1, 1982, in Map Book 504, at page 6, said Lot H having. been formerly designated as Lots 6 and 7 on that Subdivision Map filed in the Office of the County Recorder of Santa Clara County, California, on May 3, 1982, in Map Book 499, at pages 35-41, inclusive. The undersigned represent not less than seventy-five percent (75%) of the lot owners in each class of membership of the Parker Ranch Homeowners' Association as defined in the Declaration of Covenants, Conditions and Restrictions designated as Document No. 6503842 and filed in the Office of the County Recorder of Santa Clara County in Book E805, at pages 326-344, inelusive~ Dated: Dated: Dated: -1- , , , ,~ ..........· ~., ~' '2j ;~'~ ....... :"~" ' ........ ' ~: ....... .' ~ ~'~ ...... ' ...... "~' !~ ~ ~' " ~ ~' '~' · '. .............. ' Dated: Dated: STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On the day of , 1983, before me, the undersigned Notary Public, personally appeared (."..."'...~) personally known to me, (___) proved to me on the basis of satisfactory evidence, to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and official seal. NOTARY PUBLIC The City of Saratoga hereby oonsents to the foregoing W C -2~