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HomeMy WebLinkAboutReso 30-05 SilveraRchOfferOfDed RESOLUTION NO. 30 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ACCEPTING OFFER OF DEDICATION FOR OPEN SPACE AND CONSERVATION EASEMENT, PARCELS A, C, D, AND F, TRACT 7441, PHASE I - SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.) WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of Tassajara Road (formerly County Road 2568), were annexed to the City of Dublin and to the Dublin San Ramon Services District via Local Agency Formation Commission (LAFCO)Resolution No. 2003-01-A on January 9, 2003 (recorded on May 5, 2003, in Book 264 of Maps at Page 34); and WHEREAS, the Final Map for Tract 7441, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State ofCalifonúa 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, requires dedication of an Open space/conservation easement over Parcels A, C, D, and F as shown on the tentative map; and WHEREAS, pfeiffer Ranch Investors II, Inc., has elected to comply with the conditions imposed by the Conditions of Approval and execute a Declaration of Deed Restrictions, attached hereto as Exhibit "A," in compliance with modified Condition No. 27. PASSED, APPROVED AND ADOPTED this 1st day of March, 2005. AYES; Council members Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN; None ~S;tMad; Mayor Ad' ~ ðtll-.: -& ~ D puty City Clerk O:\CC.MTOS\2005-qtrl\Mar\03.01.o5~ :}0-05 Rilvcra 0ml1lCf'V casement.doc (Item 4.6) RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DECLARATION OF DEED RESTRICTIONS THIS DECLARATION OF RESTRICTIONS ("Declaration") is rnade as of /!1ARIo ~ / ,2005, by Pfeiffer Ranch Investors II, Inc., a California corporation, "Declarant" . I. WHEREAS, Declarant is the record owner of real property located in the City of Dublin, County of Alameda, State of Cali fomi a, and more particularly described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein, hereinafter referred to as the "Property"; and II. WHEREAS, Declarant proposes to dcvelop 254 single-family homes, hereinafter referred to collectively as the "Project"; and III. WHEREAS, the City of Dublin has approved a tentative map for the Project (Tentative Tract Map 7441) ("Map") and Declarant intends to develop the Project in accordance with such approvals; and IV. WHEREAS, the City of Dublin imposed conditions on the Project upon approving the Map ("Conditions of Approval") on September 23,2003; and V. WHEREAS, Condition No. 27 of the Conditions of Approval, as modified by the Development Agreement for Tract 7441, requires Declarant to record a conservation/open space easement or similar instrument; and VI. WHEREAS, the Declarant has elected to comply with Condition No. 27 by executing and recording this Deed Restriction so as to enable the Declarant to undertake the development authorized by Tentative Tract Map 7441 and the Conditions of Approval; and VII. WHEREAS, the Declarant reserves to itself and to tenants, licensees, employees, contractors, agents, casement holders, lenders, representatives, guests and invitees, heirs, J wnie! agreements!J]foiffcrKcstri c. C¡w .doc I successors, and assigns all rights and privileges accruing rrom its ownership of the Property that are not expressly prohibited herein. NOW, THEREFORE, in consideration of the Map and the Conditions of Approval, the Declarant hereby irrevocably covenants with the City of Dublin that there be and hereby is created the following restrictions on the use and enjoyment of said Property, to be attached to and become a part of the deed to the property. 1. RUN WITH THE LAND. All of the restrictions, covenants, and limitations will run with the land and will be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof, and will inure to the benefit of all of the Property and the future owners of the Property or any part thereof. Each grantee of a conveyance or purchaser under a contract or agreement of sale covering any right, title or interest in any part of the Property (each, a "Transferee"), by accepting a deed or a contract of sale or agreement of purchase, accepts the document subject to, and agrees to be bound by, any and all of the restrictions, covenants, and lirnitations set forth in this D.eclaration. 2. RESTRICTIONS, COVENANTS AND LIMITATIONS. The following uses shall be prohibited on the Property: (a) The construction or reeonstruction of any building or structure intended for human occupancy or commercial purposes; (b) Paving or otherwise covering ofthe Property with. concrete, asphalt, or any other impervious paving rnaterial that does not constitute natural cover for the land; (c) Grading that alters the surface physical characteristics of the Property; (d) Any mining or deposit or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance in a rnanner that distmbs or alters the surface physical characteristics of thc Property; (e) Depositing or allowing the uncontained accumu1ation oftrash, ashes, garbage, waste, or any similar material. Except as necessary and appropriate to protect life and property in emergencies, maintenance of vegetation on the Property shall be lirnited to weed abatement and removal' of trash and invasive species. Notwithstanding any provision in this scction 2 or elsewhere in this Declaration, the use of portions of the Property for temporary access related purposes as described in Condition of Approval No. 37, as that condition is modified by the Development Agreernent for Tract 7441, shall not constitute a violation of this Declaration. 3. DURA TTON. TIlls Deed Restriction shall be recorded against the Property and shall . remain in full force and effect during the period that the Conditions of Approval, or any modification or amendment thereof remains effective, and during the period that the development authorized by tl1e Conditions of Approval or any modification of said development, Jamie/¡¡grt:em~nt!:i/PfeifforRe!-¡tric,Cov.doc 2 remains in existence in or upon any part of, and thereby confers benefit upon, the Property described herein, and shall bind Declurant and all his/her assigns or successors in interest. 4. AMENDMENT. This Deed Restriction rnay be amended at anytime by a duly recorded agreement between the Declarant or any ofhislher assigns or successors in interest and the City of Dublin. 5. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the rneaning of a) Article XIII, § 8, of the California Constitution; and b) § 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of § 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 6. REMEDIES. Any act, conveyance, contract, or authorization by the Declarant or any of hislher assigns or successors in interest whether written or oral which uses or would cause to be used or would pcrmit use ofthe Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. The City of Dublin and the Declarant rnay pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of either party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 7. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. TIle undersigned has executed this Declaration of Rcstrictions as of fi11i1fI!,l( /,2005. DECLARANT Pfeiffer Ranch Investors IT, Inc., a Californi~ration , {) ~ By: ~ f? /<..- Name: IIfAA,J. -2 ;1,/;' ¿~~ , Its: Jamje/agrccmont5/pf~íff~rR~titríc.C(¡v.doc 3 STATE OF CALIFORNIA COUNTY OF .M.CA...IJVl.f(ct().. ) ) ss. ) On .ÇW. \ '5' , 2005 before me, JcJcl! fl/[cd+, VLe..¿, . ,- a Notary Public inand for said County and State ersonalJyappeared A/CUI f(. PI y¡ h 'ersonall known to m (or rr¡;medte n,,;, 011 tlK btrols of .,m:õfaetòI3 evilien.:o) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrurnent the person, or the entity upon behalf of which thc person acted, executed the instrurnent. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) ss. ) @ JODI II1ARINz - Commllllon.l~ ~ Notay Public ~ CallomQ Alameda County MvCcmn.&r:n..Ln IUD te COUNTY OF On , 2005 bcforc me, a Notary Public in and for said County and State, personalJy appeared ,personally known to me (or proved to rne on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behal f of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for Said State Ja.rnio/agrccmcnts/P1eifferRtSlric,C()v.doc 4 Parcel A, Trad 744J City of Dllblin County of Alameda EXHIBIT A Legal Description Real property sitllate in the City of DubJin, County of Alameda, State ofCaJifornia. Being Parcel A as shown on the map entitled "Tract 7441, Silvera Ranch" liled __.' 2005 in Book __., of Maps, at Page _, Official Records of Alameda County. Containing: 291,172 ± square feet, 6.68± acres End of Description éµ~ Charles SeHman, L.S. 5186 Expiration: 06/30107 G:IJOB2002\02 )031\MApP,INÜ\PlA'l·S\PA~~C'EL ^ - DES.C.RIPTION.DOC oz- t~_ or Date Page I of 1 EXHIBIT B ;.. ';,'1 ',1, . . W·' .' !!.J ¡¡! . ¡ . \'...,\ :~"I . ~ . 'S ~ ~ - . ". ~ . .....;S ¡gi'& ~ ; !¡! If; .' '! .' ,-,f. "" "n ' ¡I I'!I ¡ ,HI ¡ I'll Ii, I.I!I! ~¡ 1.!¡<i!I¡1 II ~II¡ I .1 g¡:¡¡ . hi Wi! !i¡PUI¡!!!U:ij,¡I! I, "'.~~ ~I!I 'i! ¡ Ii In !!~ I! II\i ¡!;. hlll¡¡¡ II !~m¡!: t;g§ ~I! '~W!. "~III ~!e:; ..§I: '¡.'r..I.. '. "'... . 0 ~~n.n~. .~".}e.¡!..,. ~~!~~~."".'..I. '~.."'.: "~I . .~.~. ¡. ~ z.. <D~~'.'li:, . ..........' "..'.' ;.: ' ,j'~~B/f fí'x.~~Ø8I.~~~ . ~, ">' ." ". Nfl './../.'MN",q,f€.OfIN ~ -- -,.".:---~~- ffì-------- ~~---.iM'r~ I!'~ ., IK'lJ:m I ~~ i. ~~ ~~, I i~ ~' I ~ 1~ I .. I I :~I~ ' ~. 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