HomeMy WebLinkAboutReso 133-12 Dec of Deed Restrict Amend •
RESOLUTION NO. 133 - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AMENDMENT TO THE DECLARATION
OF DEED RESTRICTIONS FOR TRACT 7441
WHEREAS, the Final Map for Tract 7441, in the incorporated territory of the City of Dublin,
State of California, was approved by this City Council on March 1, 2005 (Resolution No. 29-05) for
approval, all in accordance with the provisions of the Subdivision Map Act of the State of California
and the City of Dublin Municipal Code; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 03-48 on
September 23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract
7441, subject to Conditions of Approval regarding required on-site/off-site improvements (PA 02-
024); and
WHEREAS, Condition No. 27 of the Conditions of Approval, as modified by the Development
Agreement for Tract 7441, required dedication of an open space/conservation easement over
Parcels "A", "C", "D", and "F" as shown on the tentative map; and
WHEREAS, City Council Resolution 29-05 included approval of a Declaration of Deed
Restrictions over Parcels A, C, D, and F in compliance with modified Condition No. 27; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 12-16 on March
27, 2012, approving the resubdivision of Parcel "K" of Tract 7540 to create four additional lots: and
WHEREAS, Parcel "K" of Tract 7540 is currently encumbered by the deed restriction, and the
deed restriction must be removed from the four additional lots to allow development of those lots: and
WHEREAS, KB Homes South Bay Inc., owner of Tract 7540, has executed an Amendment to
Declaration of Deed Restrictions, removing the deed restriction from the four additional lots and
keeping in place over the remainder of Parcel "K".
NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized by the
City Council to execute the Amendment to Declaration of Deed Restrictions, attached hereto as
Exhibit A.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2012, by the following vote:
AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None
Mayor
ATTES
City Clerk
Reso No. 133-12, Adopted 7-17-12, Item 4.12
Recording requested by:
City of Dublin
When recorded, mail to:
City Clerk
City of Dublin
100 Civic Plaza
Dublin CA 94568
Fee waived pursuant to GC 27383
Amendment to
Declaration of Deed Restrictions
This Amendment to Declaration of Deed Restrictions (the "Amendment") is made as of
, 2012, by KB HOME South Bay Inc., a California corporation ("KB"), and the City
of Dublin ("Dublin").
Recitals
A. KB is the Declarant under that certain Declaration of Deed Restrictions dated
April 5, 2011 and recorded as Document Number 2011121088 in the Official Records of
Alameda County on April 26, 2011 (the "Declaration"), recorded against real property owned by
KB in the City of Dublin, County of Alameda, State of California, as described as follows
(referred to herein as the "Property"):
Parcels J and K as shown on the map titled "Tract 7540, Silvera Ranch — Phase 4" filed
April 26, 2011 in Book 309 of Maps, at Pages 44-53, Records of Alameda County.
B. Section 4 of the Declaration provides that the Declaration may be amended at
anytime by a duly recorded agreement between the Declarant and Dublin.
C. KB has processed and recorded a parcel map (the "Parcel Map") to create four
lots from a portion of Parcel K of the Property (the "New Lots"). The Parcel Map is titled
"Parcel Map 10053 — Silvera Ranch PH 4," and was filed , 201 in Book of
Maps, at Pages , Records of Alameda County. The New Lots are lots numbered on
the Parcel Map.
D. KB and Dublin desire to amend the Declaration to remove the New Lots from the
Property, such that the New Lots shall not be encumbered by the Declaration or subject to the
deed restrictions therein.
Amendment
KB and Dublin hereby covenant and agree as follows:
1. In order to remove and exclude the New Lots from the Property affected by the
Declaration and to ensure that the New Lots shall not be encumbered by the Declaration or
subject to the Deed restrictions therein, Exhibit A to the Declaration is hereby deleted and a new
Exhibit A, attached hereto as Exhibit I, is hereby inserted.
2. Except as modified herein, the Declaration shall remain in full force and effect.
In witness whereof, KB and Dublin have executed this Amendment effective as of the date first
set forth above.
KB HOM. S it ay Inc. City of Dublin
B : IL . .� .L By:
Y
Ray 'ane. .enior Vice President Name:
Its: •
•
Parcels J, and K,Tract 7540 Page 1 of 1
City of Dublin
County of Alameda
EXHIBIT 1
Legal Description
Real property situate in the City of Dublin, County of Alameda, State of California.
Being Parcels J and K as shown on the map entitled"Tract 7540, Silvera Ranch—Phase 4"filed
April 26, 2011 in Book 309 of Maps, at Page 44 in the Official Records of Alameda County.
Exception therefrom the following six (6) described parcels:
Parcel 1:
The Parcel shown as "DSRSD" (Dublin San Ramon Service District) on said Lot K.
Parcel 2:
The Parcel shown as "30' EVAE & UAE"on said Parcel K.
Parcel 3:
The Parcels shown as "20' EVAE & PSE" on said Parcels J and K.
Parcel 4:
The Parcel described as a Temporary Construction Easement recorded in Document NO.
2010246674 Official Records of Alameda County within said Parcel J.
Parcel 5:
The Parcel described as a Slope Easement recorded in Document NO. 2010246672 Official
Records of Alameda County within said Parcels J and K.
Parcel 6:
Being all of Lots 1, 2, 3, and 4 as shown on the map entitled "Parcel Map 10053, Silvera Ranch—
Phase 4" filed _, 2012 in Book of Parcel Maps, at Page
in the Official Records of Alameda County. LAN-
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