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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. -1- 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: -2- 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 ~ ~/ i .,, . ./