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HomeMy WebLinkAboutCity Council Resolution 2245 RESOLUTION NO. 2245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN AMENDMENT TO THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT ~6665, 5928 AND SDR-1426 WHEREAS, the City has approved certain Covenants, Conditions and Restrictions for Tracts #6665, 5928 and SDR-1426 imposed upon all lots within said Tracts and minor subdivision. 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 10.06 of the Covenants, Conditions, and Restrictions previously approved by the City of Saratoga in connection with Tracts 6665, 5928 and SDR-1426 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 endorsed copy of the amendment to 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 19th day of June , 1985, by the following vote of the members thereof: AYES: Councilm~rsCallon, Clevenger, MoylesandMayor Fanelli NOES: None ABSENT: Councilmember H lava ATTEST: DEPUTY CIT 1 EXHIBIT "A" · - DECLARATION OF AMENDMENT OF COVENANTS, CONDITIONS AND RESTRICTIONS SARATOGA HEIGHTS I WHEREAS, on May 23, 1982, a Declaration of Covenants, Conditions and Restrictions was recorded in the County of Santa Clara, State of California, bearing document number 7307823. WHEREAS, the declarant that owns 25 of the 37 lots in Saratoga Heights I desires to amend a provision of the subject Declaration of Covenants, Conditions and Restrictions for Saratoga Heights I in order to comply with the directions of the Saratoga Planning Department and obtain a variance with reference to fences, walls and hedges; NOW, THEREFORE, the majority of the owners of all the property in Saratoga Heights I, that being Parhas Corporation, a California Corporation, amend the Declaration of Covenants, Conditions and Restrictions for Saratoga Heights I at paragraph 10-06 to read as follows: "Fences, walls and hedges are permitted only if they comply with the City of Saratoga's zoning regulations applicable to the district. All such fences and walls shall be located so as not to enclose or encompass an area in excess of four thousand (4,000) square feet unless variance approval is granted by the City." IN WITNESS WHEREOF, the undersigned, being an authorized corporate officer, does execute this amendment on ~t~ ./-~,'f~" ,1985 at San Jose, California. / .qT"'KM~AS CORPORATION By ~ .~ .. ~.A..~