HomeMy WebLinkAboutCity Council Resolution 2261 RESOLUTION N0.2261
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AN AMENDMENT TO THE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR TRACT ~6628
WHEREAS, the City has approved certain Covenants, Conditions and
Restrictions for Tract #6628 imposed upon all lots within said Tract; and
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 size of garages, location of swimming pools on Lots 13
and 19 and the height of residences on Lots 5, 6 and 12.
WHEREAS, the developer of said tract and a property owner within said
tract wish to amend the CC& R's to require a minimum of a three-car garage,
to allow swimming pools to be located on Lots 13 and 19 and to change the
height restriction on Lots 5, 6 and 12.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Saratoga:
1. The Amendment to Section 2.02(a) and (d) of the Covenants,
Conditions and Restrictions previously approved by the City of
Saratoga in connection with Tract #6628 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 foregonig 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 17~h day of July
, 1985, by the following vote of the members thereof:
AYES: Councilmenbers Call(m, Fanelli, Hlava, F~yles and Fayor Clevenger
NOES: N~ne
ABSENT :Nc~e
ATTEST:
DEp~~UTyCiTy~'CLERK~'~'
DECLARATION OF AMENDMENT OF
COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENT
FOR TRACT 6628
WHEREAS, on June 10, 1981, a Declaration of Covenants,
Conditions and Restrictions was recorded in the County of Santa
Clara, State of California, bearing document number 7081844;
WHEREAS, an Amended Declaration of Covenants, Conditions and
Restrictions and Reservation of Easement for Tract 6628 was filed
on March 4, 1983, in the County of Santa Clara, State of
California, bearing document number 7614109; and
WHEREAS, the declarant that owns 11 of the 15 lots in Tract
6628 desires to amend a provision of the subject Declaratin of
Covenants, Conditions and Restrictions for Tract 6628 in order to
comply with the directions of the Saratoga Planning Department
and obtain a variance with reference to dwelling units and
swimming pools;
NOW, THEREFORE, the majority of the owners of all the
property of Tract 6628, that being McBain and Gibbs, Inc., a
California corporation, amend the Declaration of Covenants,
Conditions and Restrictions and Reservation of Easement for Tract
6628 at paragraph 2.02 Construction of Lots to read as follows:
"(a) Dwellin__~ Units. No Dwelling Unit shall be erected,
altered, placed, or permitted to remain on any Lot, other than
one (1) detached single family residence and a private garage in
accordance with the City ordinances, which, subject to the
provisions thereof, may or may not be attached to the Dwelling
Unit. A garage design for less than three (3) automobiles may be
constructed only with the prior written approval of the Committee.
No part of the construction of any lot shall exceed two (2)
stories in height above the finished grade without prior written
approval of the Committee and the City of Saratoga; provided,
however, that no part of the construction on Lots 5 and 6 shall
exceed twenty-one feet (21') in height as measured in accordance
with the City ordinances, without written approval of the
Committee and the City of Saratoga; provided, furthermore, that
no part of the construction on Lot 12 shall exceed elevation 981.
"(d) Swimming Pools, Swimming pools or spas constructed on
lots shall not be placed on greater than 30% slopes and are
1
subject to Committee approval and City staff design review and
approval."
IN WITNESS ~EREOF, the undersigned, being the authorized
corporate officer, does execute this amendment on July 9, 1985,
at Campbell, California.
ROBERT
State of California )
County of Santa Clara )ss.
On July 9, 1985, before me, the undersigned, Notary
Public, duly commissioned and sworn, personally appeared
ROBERT GIBBS known to me or proved to me on the basis of
satisfactory evidence to be the President of the within named
corporation and whose name is subscribed to the within instru-
ment and acknowledged to me that he executed the same pursuant
to the bylaws of the corporation.
IN WITNESS ~EREOF I have hereunto set my hand and affixed
my official seal in the County of Santa Clara on the date set
forth above.
Notary Public, State of California
i ..- OFFiCiAL S~AI, ~
F IERESA L. H~DSO:'q ~
SANTA CLARA COUm'Y ~
My Cem~ien Expir~ J~. 3, 19~6 ~