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88-374RESOLUTION NO. 88R-374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RELATING 'FO THE IMPLEMENTATION OF CERTAIN CONDITIONS OF APPROVAL AS SET FORTH IN RESOLUTIONS NOS. 88R-69 AND 88R-70 AND ORDINANCE NO. 4910. WHEREAS, the City Council of the City of Anaheim heretofore adopted its Resolutions Nos. 88R-69 and 88R-70 and Ordinance No. 4910 relating to the approval of Specific Plan No. 88-01 for the development of certain real property (hereinafter "Property") as described in said resolutions and ordinance and commonly known as the Sycamore Canyon project; and WHEREAS, said resolutions and ordinance contain certain conditions of approval which must be complied with within certain time limitations as specified therein; and WHEREAS, Conditions Nos. 12, 59, 60, 61, 80 and 96 of Resolutions Nos. 88R-69 and 88R~70 (hereinafter "Conditions") require the performance of certain actions (hereinafter "Actions") prior to, or in conjunction with, the approval of the first final tract map or parcel map (other than Parcel Map No. 87-210) for said development or at such other later time as may be approved by the City Council; and WHEREAS, the owner/developer of said Sycamore Canyon project has heretofore submitted a request to the City Council that the required performance of said Actions as identified in said Conditions be deferred to such later date(s) as hereinafter specified; and WHEREAS, the City Council has considered said request and heard testimony in conjunction therewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that compliance with the Actions identified in said Conditions, and each of them, be and the same is hereby deferred and modified so as to require performance of each of said Actions by the owner/developer of the Sycamore Canyon project prior to (i) the sale of the first residential lot, (ii) the issuance of the first temporary or final Certificate of Occupancy for any residential unit, or (iii) actual occupancy of any residential unit by any person. BE IT FURTHER RESOLVED that the deferred performance of said Actions as approved herein by the City Council is conditional upon the execution and recordation of an unsubordinated covenant (hereinafter "Covenant") upon the Property by the owner thereof, in a form approved by the City Attorney, imposing the obligations contained in said Actions, and each of them, upon each and every lot included in the Property. Said Covenant shall be recorded concurrently with the final map for the portion of the Property affected thereby and, if said Covenant is not so executed and recorded, this resolution and the approvals set forth herein deferring performance of said Actions, shall be deemed inapplicable and null and void as to any such portion of the Property for which a final map is recorded without the concurrent recordation of said Covenant. BE IT FURTHER RESOLVED that the timely execution and recordation of said Covenant shall be deemed a financial mechanism acceptable to and approved by the City for purposes of Condition No. 29 of Ordinance No. 4910 and Resolution Nos. 88R-69 and 88R-70 and the timely recordation of said Covenant shall be deemed compliance with said Condition No. 29 of each such ordinance and resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 1988. MAYOR OF THE CITY OF ANAHEIM ATTEST: CI Y CLE[~K OF THE CITY OF ANAHEIM JLW:lm 2758L -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R~374 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of September, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-374 on the 18th day of October, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of October, 1988. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-374 duly passed and adopted by the Anaheim City Council on September 27, 1988. CITY CLERK OF THE CITY OF ANAHEIM