HomeMy WebLinkAboutResolution 1992 - 0033RESOLUTION NO.92-33—5
APPROVING AGREEMENT FOR CANCELLATION OF COVENANTS
RUNNING WITH THE LAND WITH THE IRVINE COMPANY RE
ANNEXATION NO.7 TO COUNTY SANITATION DISTRICT
NO.5 AND AUTHORIZING GENERAL MANAGER TO EXECUTE
FUTURE STANDARD AGREEMENTS FOR RELEASE OF
COVENANTS
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.5 OF ORANGE COUNTY,
CALIFORNIA,APPROVING AGREEMENT FOR CANCELLATION
OF COVENANTS RUNNING WITH THE LAND WITH THE IRVINE
COMPANY RE ANNEXATION NO.7 -IRVINE COASTAL AREA
ANNEXATION TO COUNTY SANITATION DISTRICT NO.5;
AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE
FUTURE STANDARD AGREEMENTS FOR RELEASE OF COVENANTS
FOR EACH PHASED DEVELOPMENT SEQUENCE OF THE
TERRITORY WITHIN SAID ANNEXATION
WHEREAS,on February 7,1977,The Irvine Company made and entered into a
Declaration of Covenants Running with the Land for the purpose of imposing on
certain real property owned by The Irvine Company certain obligations to pay
deferred annexation fees to District No.5 in order to receive District sewer
service;and,
WHEREAS,the original annexation consisted of a large parcel consisting of
approximately 3,500 acres which was divided into an urban land area and open
space;and,
WHEREAS,The Irvine Company is now presently developing said area as
residential subdivisions in a phased sequence;and,
WHEREAS,the Declaration of Covenants affect the entire territory;and,
WHEREAS,it is appropriate that as each portion of the territory develops,
those covenant restrictions affecting the developed territory be released,
providing The Irvine Company has paid annexation fees to District.
NOW,THEREFORE,the Board of Directors of County Sanitation District
No.5 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the.certain Cancellation of Covenants Running with the
Land dated April 8,1992,by and between County Sanitation District No.5 and
The Irvine Company,relative to release of certain covenants in connection with
the development of,a portion of the territory within Annexation No.7 —Irvine
Coastal Area Annexation to County Sanitation District No.5,is hereby approved
and accepted;and,
Section 2 That the General Manager or his designee is hereby authorized
to execute said agreement and to enter into future standard-form agreements for
release of covenants for each phased development sequence of the above-described
territory within Annexation No.7,by The Irvine Company,wherein it is
certified by the General Manager that the required annexation fees have been
paid by The Irvine Company to the District.
PASSED AND ADOPTED at a regular meeting held April 8,1992.
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Board Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California,do hereby
certify that the foregoing Resolution No.92-33—5 was passed and adopted at a
regular meeting of said Board on the 8th day of April,1992,by the following
vote,to wit:
AYES:Ruthelyn Plumer,Chairman,Don R.Roth,Phil Sansone
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.5 of Orange County,California,this
8th day of April,1992.
~J.
B r own ,
B oa rd Sec re ta ry
Board of Directors of County
Sanitation District No.5
of Orange County,California