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59R-5617 RESOLUTION NO. ~6l7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A TEMFORARY WAIVER OF SIDEWALK REQUIREMENTS ON PROPERTY LOCATED AT 1681 MELLS LANE, ANAHEIM, CALIFORNIA UNTIL SUCH TIME AS S lDEWALKS ARE DEEMED NECESSARY BY THE CITY OF ANAHEIM, AND DECLARING AS A CONDIT ION OF SUCH WAIVER THAT A LIEN IS HEREBY ESTABLISHED FOR THE COST OF THE INSTALLATION OF SUCH S lDEWALKS WHEN DETERMINED NECESSARY BY THE CITY; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PLACE A COPY OF THIS RESOLUTION OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. WHEREAS, Article VIII, Chapter l-B, Sections 8150 and 8150.1 of the Anaheim Municipal Code require the construction of cement curbs, gutters and sidewalks by anyone constructing any building or dwelling within the City of Anaheim, where said improvements do not already exist; and WHEREAS, a waiver of sidewalk requirements has been requested for the property located at 1681 Mells Lane, Anaheim, California; and WHEREAS, the City Council does find and determine that there is no present need for such improvement and that a tempo- rary waiver of the requirement thereof should be granted until such time as sidewalks are found to be necessary and required by the City Engineer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a temporary waiver of sidewalk require- ments for the property located at 1681 Mells Lane, Anaheim, California, be, and the same is hereby granted until such time as the said improvement shall be deemed necessary and requested by the City Engineer. BE IT FURTHER RESOLVED that when requested to do so, the owner of said property shall within a period of thirty (30) days install said sidewalks in accordance with the specifications of the City of Anaheim as prepared by the City Engineer, and that upon failure to do so, the construction and installation of said sidewalks shall be made by the City of Anaheim or its author- ized contractor and the cost thereof shall be and become a lien upon the property and shall be paid with the taxes. BE IT FURTHER RESOLVED that this temporary waiver of sidewalks and the obligation of the owner to construct and in- stall the same when requested shall be and is hereby declared to be a covenant running with the land, and shall be binding upon the heirs, successors and assigns of the applicant and present owner or owners. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to cause a certified copy of this resolution to be placed of record in the Office of the County Recorder of Orange County, California. -1- THE FOREGOING RESOLUTION is approved and signed by me this 10th day of November, 1959. rt' &nm ~ "17 .! (!. ,l-/~'C MAYO OF CI 0 AHEIM' ATTEST: '--_......i.__ ~.u~ " Yr(. RK OF "THE 1M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHE 1M ) 1, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 10th day of November, 1959, by the following vote of the members thereof: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCI LMEN : None. ABSENT: COUNCILMEN: None. AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of November, 1959. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of November, 1959. ~ -J ~:._-, ~ CIty CLE~r: THE ~~~IM ( SEAL ) -2-