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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 illlllllllllllllllllllllllllllllllllllllllllllllllllllllllll NO FEE 2007000406959 12:20pm 06/27/07 102 48 R28 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 1 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 2