RES-2007-088WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAHEIM
200 S. Anaheim Blvd. Suite 217
Anaheim, CA 92805
By:
City Clerk, City of Anaheim
Resolution 2007 -088
Recorded In Official Records, Orange County
Tom Daly, Clerk- Recorder
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2007000406959 12:20pm 06/27/07
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EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 2007- 088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING AND DIRECTING THE CITY CLERK
TO RECORD A COVENANT OF THE CITY COUNCIL THAT
THE HASKETT BRANCH LIBRARY SHALL BE DEDICATED
TO PUBLIC LIBRARY DIRECT SERVICE USE FOR A PERIOD
OF FORTY (40) YEARS.
WHEREAS, in accordance with City Council Resolution No. 2002R -120, the City
Council of the City of Anaheim authorized the filing of an application for funds under the California
Library Construction and Renovation Bond Act of 2000 "Bond Act of 2000 set forth in Education
Code Sections 19985 et seq., to fund the Elva L.Haskett Branch Library "Haskett Library")
Construction Project located at 2650 West Broadway, Anaheim, California "Project and
WHEREAS, receipt of Bond Act of 2000 funds required a commitment by the City
Council of the City of Anaheim, as set forth in Resolution 2002R -120, Paragraph 4(e): "That the
facility shall be dedicated to public library direct service use for a period of at least forty (40) years
following completion of the project, regardless of any operating agreements the applicant may have
with other jurisdictions or parties and
WHEREAS, the City of Anaheim received funding from Bond Act of 2000 in the
amount of Five Million, Six Hundred Sixty Nine Thousand, Eight Hundred Seventy Two Dollars
($5,669,872) for use in the construction of the Project; and
WHEREAS, the Project was completed on July 12, 2006 and the Notice of
Completion for Public Improvement and Work, Haskett Library located at 2650 West Broadway,
Anaheim, California, was recorded October 10, 2006; and
WHEREAS, the City Council wishes to memorialize the condition imposed by the
State of California as part of its Grant of funds for construction that the Haskett Branch Library shall
be dedicated to public library direct service use for a period of forty (40) years from October 10,
2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
(1) That the Mayor is authorized to sign on behalf of the City of Anaheim and the
City Clerk is directed to record against the property on which the Haskett Library is
constructed as set forth above, a document substantially in the form attached hereto
as Exhibit "A," memorializing the condition of the State Grant of funds for
construction of the Haskett Library that the Haskett Library shall be dedicated to
public library direct service for a period of forty (40) years from October 10, 2006,
regardless of any operating agreement the City of Anaheim may have with other
jurisdictions or parties.
(2) That this covenant shall run with the land and shall be binding upon all successors
in interest to the property on which the Haskett Library is located.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this j_gthday of
June 2007, by the following roll -call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE CITY OF AHEIM
ATTEST:
401
CIT 'CLERK OF TH 6 T F ANAHEIM
65471.1
MAYOR OF THE CI O ANAHEIM
RECORDING REQUESTED BY AND
When Recorded Mail To:
City Clerk
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, California 92805
Exhibit A
Exempt from recording fee pursuant to
Government Code Section 27383
AGREEMENT AFFECTING REAL PROPERTY
ELVA L. HASKETT BRANCH LIBRARY
2650 West Broadway, Anaheim, California
Assessor's Parcel No. 126- 041 -17
A. The City of Anaheim is the owner of the Elva L. Haskett Branch Library "Haskett
Library located at 2650 West Broadway, Anaheim, California, Assessor's Parcel No. 126- 041 -17
B. In accordance with Resolution No. 2002R -120 of the City Council of the City of
Anaheim, the City of Anaheim applied for and received Grant funding from the California Library
Construction and Renovation Bond Act of 2000, as set forth in Education Code Sections 19985 et
seq., (the "Grant to fund the construction of the Haskett Library..
C. Such Grant of funds by the State was made on the condition that the Haskett Library
be dedicated to public library direct service use for a period of at least forty (40) years following
completion of the project, regardless of any operating agreements the City of Anaheim may have
with other jurisdictions or parties.
D. Construction of the Haskett Library, utilizing the State granted funds, was completed
July 12, 2006 and the Notice of Completion was filed October 10, 2006.
E. The City Council of the City of Anaheim, at its meeting of 2007,
adopted its Resolution No. 2007- directing that the following covenant /condition be
recorded against the title of the property on which the Haskett Library is located and that said
covenant /condition remain in effect for a period of forty (40) years from October 10, 2006:
The Haskett Library, located at 2650 West Broadway, Anaheim, California
(Assessor's Parcel No. 126 041 -17) is hereby dedicated to public Library direct
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Dated: 2007 By:
Curt Pringle
Mayor of the City of Anaheim
ATTEST:
service use for forty (40) years from October 10, 2006 in accordance with the terms
of the Grant from the State of California.
This Covenant to maintain this use for forty years shall constitute a covenant running with
the land that shall not be altered, amended, or otherwise modified prior to completion of the
forty (40) years, except by an Agreement signed by the City of Anaheim and the State of
California. The Covenant shall terminate forty (40) years from October 10, 2006 without
further action by the City Council of the City of Anaheim.
This Covenant shall be binding for the benefit of the City of Anaheim and the State of
California, without regard to whether the City of Anaheim is or remains an owner of any
land or interest therein to which such covenant relates.
City Clerk of the City of Anaheim
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
Carol J. Flynn
Assistant City Attorney
65487.1
CFlynn
CITY OF ANAHEIM, a Charter City and
Municipal Corporation
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