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HomeMy WebLinkAbout79-194REL:ms 10/24/79 RESOLUTION NO. 79- 194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO A CERTAIN AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLYING TO A CONDOMINIUM PROJECT AT 1919-1921 NORTH SHERRY LANE. WHEREAS, on or about November 14, 1963, a "Declaration of Covenants, Conditions, and Restrictions and Power of Attorney," providing for the condominium ownership of multi- family residential property located at 1919-1921 North Sherry Lane in the City of Santa Aha, was recorded, which said Declaration provided that it could not thereafter be amended except with the consent of the City Council of the City of Santa Ana; and WHEREAS, the owners of said condominium project have represented to this Council that they desire to amend the said Declaration to provide for staggered terms for member$of the Board of Directors of the said condominium project, as set forth in Exhibit A, attached hereto and incorporated herein; and WHEREAS, this Council has no objection to the said amendment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. The City Council of the City of Santa Ana does hereby consent to the amendment, as set forth in Exhibit A, of the abovesaid "Declaration of Covenants, Conditions, and Restrictions and Power of Attorney" applying to the condominium project located at 1919-1921 North Sherry Lane. 2. The Clerk of the Council is hereby authorized to certify to the consent hereby given on such document as may be prepared by the owners of said condominium project to record the abovesaid amendment in the Office of the County Recorder. ADOPTED this 5th day of the following vote: November , 1979, by AYES: COUNCILMEN: NOES: COUNCILMEN: Bricken, Markel, Serrato, Ward, Yamamoto None ABSENT: COUNCILMEN: Griset, Luxembourger ATTEST: APPROVED AS TO FORM: ~I~ ~" GOw ity Attorney MAYOR R~SOLUTION NO. 79-194 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22~ 24 25 26 27 28 29 30 31 32 AMENDMENT NUMBER 3 TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND POWER OF ~%TTORNEY WHEREAS, the undersigned, representing seventy-five percent (75%) or more, of the owners of all units of Hillview Regency Apartments, a condominium, as more particularly described in Declaration of Covenants, Conditions and Restrictions and Power of Attorney recorded November 14, 1963, in Book 6804, Page 108 of Official Records and amended by an Instrument known as Amendment Number 1 to Declaration of Covenants, Conditions and Restrictions and Power of Attorney, recorded December 17, 1963, Book 6849, Page 95 of Official Records and Modification of Condominium recorded March 2, 1964, in Book 6946, Page 386 of Official Records, wherein said Modification supersedes the Condominium Plan as set forth in Exhibit "A" of Declaration of Covenants, Conditions and Restrictions and Power of Attorney recorded November 14, 1963, in Book 6804, Page 108 of Official Records, and amended by Instrument known as Amendment Nua~ber 2 to Declaration of Covenants, Conditions and Restrictions and Power of Attorney, recorded August 8, 1969, in Book 9046, Page 277 of Official Records; and WHEREAS, it is the desire of the parties hereto to amend a portion of Paragraph 5 of said Declaration of Covenants, Conditions and Restrictions and Power of Attorney recorded November 14, 1963, in Book 6804, Page 108 of Official Records; NOW, THEREFORE, in consideration of the mutual agreements of the parties hereto, and pursuant to provisions in each of the above mentioned documents, said Declaration of Covenants, Conditions and Restrictions and Power of Attorney is hereby amended as follows: 1. Paragraph 5 is amended by revising the sentence -1- 'RESOLUTION NO. 79-194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19! 2oI 21 22 23, 24' 25 26' 28 29 30 31 32 set forth on Page 5 at Lines 27 to 29, inclusive, to read as follows: "At the annual meeting on the first Monday of December 1979, two (2) governors shall be elected for a term of six (6) months and three (3) governors shall be elected for a term of one (1) year. At an election meeting to be held on the first Monday of June of 1980, and the first Monday of June of each year thereafter, two (2) governors shall be elected for a term of one (1) year. At the annual meeting on the first Monday of December of 1980, and at each annual meeting thereafter, three (3) governors Shall be elected for a term of one (1) year. Ail said terms are to run from the date of election until the respective successors are elected." -2- EX) BE A