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HomeMy WebLinkAboutRESO 4828~ ~" ~ ~· "··-• ORIGINAL • 0615 rAH 415 r..4, 4"' (!,.. .,.,,., • • RESOLUTION NO. _!.~ RESOLUTION OF THE COUHCIL OF THE CITY OF PALO ALTO APPROVING RESCISSION OF A DECLARATION OF RESTRICTIONS AND COVENANTS FOR CERTAIN PROPERTY IN THE CITY OF PALO ALTO, AND APPROVING A DECLARATION OF RESTRir.TIONS FOR A PORTION OF SAID PROPERTY NC FEE ~·:'HEREAS, on March 8, 1956, Ann Sobrato (now Mrs. Ann Russo) executed a document ent.itled "Declaration of Establishment of Restrictions az,d covenants Affecting Certain Real Property in the City of Palo Alto as Required for Off-street Parking by the Palo Alto Zoning Ordinance", in connection with the application for a building permit for the· erection of a building on PARCEL A described in said document; and WHEREAS, since the execution of said document San Antonio Road has been widened to lOS-feet and Charleston Road has been widened to 60 feet, reducing-the lot size from 100' x 350' to 76.90' _.x 319.99'; and WHEREAS, the above described declaration required the dedi- cation of parking in excess cf the Special Parking District Regulations created by Chapter·l8.84·of the Palo Alto Municipal Code; and WHEREAS, Paragraph 3 of said declaration required that the provisions of said. declaration could be rescinded in whole or in part part by the owners of more than one-half of the total area of the real property described in said declaration by a declaration in wri~ing, signed and acknowledged by said owne;, together with the consent of the City of Palo Alto, evidenced by a certified copy of a reso.lution of the council of the City of Palo Alto, giving consent ~o such rescission which shall be attached to said declaration and duly :'.7ecorded in the Office of the County Recorder; a~d WHEREAS,-Mrs. Ann·Russo, (formerly Ann Sobrato) the sole -1 - .. • • f.: 0615 r,~i'L416 owner of the property has made·-such 'declaration requesting rescission and ·further has declared· her intention to execute a new declaration correcting the-property description which will be recorded contemporaneously with said resci~sion. NOW, TffEREFORE, the Council of the City of Palo Alto does PESOLVE as follows: SECTION 1. Rescission of the Declaration of Establishment of Restrictions and Covenants exec~ted by Ann Sobrato, owner of property therein, recorded as oocume~t No. 1187874 in book 3435 at paqe 524 of the Official Records of Santa Clara County, on March 12, 1956 is hereby approved as requested by Ann Russo, sole owner, and the Recorder-of the County of Santa Clara is requested to record this-resolution, which shall be deemed to constitute said rescission. SECTION 2. contemporaneouaJ.y.with·the authorization aet forth in Section 1 herein· the Recorder· of the County of Santa Clara is requested to record· a-· Declaration of Restrictiontl and covenants Affecting Certain Real Property in the city of Palo Alto executed and acknowledged· by Ann auaso, owner of property therein, and accepted by the City Manag,er on behalf of the City of Palo Alto. SECTION J. The City Clerk is hereby directed to forward a certified c~py of this re80lution to the county Recorder together witll. ~he documents· attached as described in Secticns .. l a.nd 2 hereof. ; SECTION 4. The council· hereby finds thatnone of the acti~ns approved herein will have a a~gnificant effect on the Sher Mayor -- ' . • t {)615 rAU 417 . · APPROVED AS TO FORM: ~ tYtOrileY APP RO~ ~~n~ Services APPROVED: ~~L!! <-.. __ , .. , ... APPROVED: Cit~,/ -3 - OFFICJ, ~OADI SlNTA c' ·· .\ oOUNt'f G!O,.Q£ . · · '<NN 'lEQISTR '.,, ;. E O:>Ror · NO rE6 •• ' ,· . • • • DECLARATION OF RESTRICTIONS A?:D COVENANTS AFFECTING CERTAIN REAL PROPERTY IN THE CITY OF PALO ALTO THIS DECLARATION, made and dated this __ 4_ch __ , 0615 rACf418 day of September 1973, by ANN RUSSO, a married woman, hereinafter referred to as •owne1": W I T N E S S E T H : -----:..------- WHEREAS·, OWner is the owner of certain real property located in the City of Palo Alto, County of Santa Clara, State of California, hereinafter referred to as PARCEL c and more particularly described as follows: and BEGINNING at the point of intersection of the Easterly line of San Antonio Road (105 feet wide) with the Northerly line cf ~harle~ton Road (60 feet wide) thence along said Easterly line of said San Antonio Road, North 6°00' East 100.00 feet; thence Easterly and parallel to North~rly line of Charlaaton Road 319.99 feet~ thence parallel with said line of San Antor.io Road south 6°00 1 West 76.90 feet to a poin·: on the Northerly line of Charieston Road; thence Westerly along said line of Charleston Road . 319.99 feet to the point of beginning, and being a portion of ~..he Rancho Rincon de San Francisquito, containing 0.559 acres, more or !ess; WHEREAS, owner is the owner of that ce~ain real property hereinafter described as: Lot 2, Block 2 of Tract No. 1645, recorded January 5, 1956, in Book 59 of Maps, pagee 22 to 23, in the Office of the County Recorder~ of Santa Clara County, being a resubdivision of Tract No. 1496, and which is shown as PARCEL A and PARCEL B on the map attached hereto and incorporated herein by reference1 and WHEREAS, all of said property is lc~ated within Special Parki~g District Regulations created by Chapter 18.84 of the Palo Alto Municipal Code1 and -1 - •• .. • ' • • I t • ~·-- ; . \ a ' • •• t· 0615 i ~tE 419 NOW, THEPTIFORE, owner declares that: l. All of the restrictic1ns and covenants set forth in this d6claration shall affect PARCELS A and c and shall run witl' the lend ana shall continue for the entire life of any h~ildings ereacted thereon and all alterations and additions thereto. All of said restrictions and covenants are intended to create mutual, equitable servitudes upon all of the real property and to create a privity of contract or estate between the grantees of any portions of said property, their heirs, successors or assigns, and shall as to the -owner of any portion of said PARCEL A and c, his heirs, successors, or assigns, operate as c;:oveants running with the land for the benefit of all other lands herein described and the owner or owners of said land. 2. The rea~ property hereinabove described and shown on the map attached hereto as PARCEL B is hereby reserved, durinq the entire c::xis twnce of said buildings, fG: -the parking thereon of' ~otor vehiciea -_--- and similar means of conveyance for the benefit of PARCEL A and PARCEL c and shall be used for no purpose whatsoever other than for parkin~ of said motor vehicles. 3. The provisions of this declaration may be abrogated, modified, rescinded or amended in whole or in part by ~· owners of more than one-half of the total area of the real property bereinabove described as PARCEL A and PARCEL c and in paragraph 2 hereof, by a declaration in writing, signed an~ acknOW'ledged by said owner, to- ~ P.ther with the conseri"t of the City of Palo Al to, evidenced by a certified copy of a resolution of the .Counci·l of the City of Palo Alto, giving consent to such _nodification, rescission, abrogation or amendment, which shall be attached to said declaration and duly recorded therewith in the Office of the County Recordar of Santa Clara County, State of California. IN WITNESS WHEREOF, declarant has executed th.ts d~claration --------------------- on the date f.irst hereinabove written. I I I~ I I /~;~~ ; ' ., ,... . ~ ~ l -; ...... . ,. . ~ '· - H 0 { f1 b ,, ·.; ·1 " t. .C.. rs ~ I~ 1·-1 It------- .. 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