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RES-9288 Amending Resolution No. 9196RESOLUTION NO. 9288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING, NUNC PRO TUNC,RESOLUTION NO. 9196 RELATING TO THE ACQUISTION OF CERTAIN REAL PROPERTY LOCATED AT 2821 VISTA RIDGE DRIVE.Owners of Record: Kord Group WHEREAS, on November 23, 1999, the City Council adopted Resolution No. 9196 declaring the public use and necessity to acquire certain real property, including property located at 2821 Vista Ridge Drive; and WHEREAS, legal descriptions were attached to Resolution No. 9196 describing the propet1ies to be taken; and WHEREAS, the legal description for the property located at 2700 Vista Summit Way was inadvertently duplicated as the legal description for the property located at 2821 Vista Ridge Drive; and WHEREAS, the City Council desires to amend Resolution No. 9196 to replace the legal description for 2821 Vista Ridge Drive with the legal description attached hereto as Exhibit "A";and WHEREAS, state law authorizes the City Council to amend resolutions without re-noticing the hearing to include a record of action taken but omitted by mistake.NOW THEREFORE BE IT RESOLVED AS FOLLOWS:1. The owner of record had a full and fair hearing on November 23, 1999.2. This amendment to Resolution No. 9196 accurately reflects the evidence introduced at the hearing and the findings made by the City Council and the owner of record and the City Council understood that the property described in the legal description attached hereto as Exhibit " A" and as shown on the map attached as Exhibit "B" was the subject of the hearing.3. Resolution No. 9196 is hereby amended to replace the legal description for the property lo(; ated at 2821 Vista Ridge Drive with the legal description attached as Exhibit "A" and as shown on the map attached as Exhibit "B". ADOPTED this 13th day of June, 2000. 1 ATTEST: IAU""'./ 2udrt &V~r Cassandra J. Cath , CIty Clerk of the CIty of Orange I hereby Gertify that the foregoing Resolution was duly and regularly adopted by the City Council of the Cilty of Orange at a regular meeting thereof held on the 13th day of June, 2000 by the following vote:AYES: NOES: ABSENT: ABSTAIN: CO~ CILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ CO~ CILMEMBERS: NONE CO~ CILMEMBERS: NONE CO~ CILMEMBERS: NONE Reso No. 9288 2 dad UTIGAll0N GUARANI'EE REV. 12116/92)OR- 99321S0 TInE OFFICER - PASCHAL AMENDMENT NO.1 EXHIBIT A I""" THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY. OF ORANGE, CITY OF ORANGE, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL I, AS SHOWN ON EXHIBIT "B" AITACHED TO LOT LINE ADJUSTMENT LL87-lO, RECORDED JUNE 12, 1987 AS INSTRUMENT NO. 87-333636 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.EXCEPTING THEREFROM ALLOIL, On.. RIGHTS, MINERALS, MINERAL RIGHTS. NATURAL GAS RIGHTS,AND OTHER HYDROCARBONS BY WHATSOEVER. NAME KNOWN THAT MAY BE WITHIN OR UNDER. THE PARCELOF L.AND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHTOF DRll.LING,MINING. EXl)LORING AND OPERATING THEREFOR, AND REMOVING THE SAME FROM SAID LAND ORANYOTHERl..AND, INa.UDINGTHE RIGHT TO WHIPSrOO<ORDIRECl10NALLY DRllLAND MINE FROM LANDS OTHER THAN THOSE HEREINABOVEDESCRIBED, On.. OR GAS WELLS, TUNNELS AND SHAFrS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECl10NALLY DRll T FD WELLS, TUNNELS AND SHAFTS UNDER ANDi3ENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, ANDTOREDRll...L, RETUNNEL, EQUIP,MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THELAND HER.EINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY IDGHWAY THAT MAYBE CONSI'RUcrED ON SAID LANDS ASEXCEPTED U'l THE DEED FROM SANTIAGO LAND COMPANY RECORDED DECEMBER 23, 1960 IN BOOK 5563, PAGE 227 OF OFFICIAL RECORDS. PARCEL 2:EASEMENTS FOR INGRESS, EGRESS, ENCROACHMENT AND RECREATIONAL RIGHTS OVER THE COMMUNITY FAClllTIES AND EASEMENTS FOR ACCESS OVER PROPERTY ADJOINING PARCEL 1 AS SET FORTH IN THE SEcrIONS ENTITLED "CERTAIN EASEMENTS FOR OWNERS" AND " SUPPORT, SEITLEMENT AND ENCROACHMENT" OF THE ARTla.E ENTITLED "EASEMENTS" OF THE DECLARATION OF COVENANTS, CONDmONS AND RESTRICl10NS, RECORDED AUGUST 28, 1987 AS INSTRUMENT NO.87-491163 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. j'87- 333636 LOT LINE EXHIBIT B ADJUSTMENT NO. LL8? - lO MAP /SITEPlAi:.; j OWNERS TIlEKO,qOS,qOUP ,- TO OKO GROuP LTO mE KORO GKDuP LTD.TIlE FIELDSTONe COMPANY We FIELDSTONeCOMPAN" f EXISTING PARCELS AP NUM6ER 3&.' - 57/ - 01 3'" 572 0-:'3": - 57Z . VI 3'-/- 572- 083&./- 571 - 10 OSEO PAI\CELS R!~RE":Ct NUIIII6f:RPARCEL , PA~r.EL Zr.. O: CE~ 3PARCEL 4- PAIlCEL5I 1 lJOT€.: ALL ~ PEe]Y JS VACAUY. II 1..'39 I I N.di' d.4tt."' 4f:<<; I:_/ Ift1Itfl--LI:~&IIDIU~MJ%S FJeDJ~ T .&ltW'. Q4.eY.IULVC'AT'/!!s ~ N?DP,EeJY EX/sr/H~ ~ .I./~ 7i' .46 ADJlJST.ED.J i JAtt-.,..i{