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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 .:= ..... ,:.:.l...,'>... WITH -1- GDV'¥. .BDE SE13. 61D3, CITY DF SARATDGA ABSTAIN: Nc~e ' ' MAYOR' ' ~' ATTEST: CITY CLERK