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"II
RESOLUTION NO. /~~~)
,
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN SAID CITY AND RAY G. STAFF AND EUGENE T. YARN CONCERNING
VARIANCE NO. 305.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed on behalf of said City to execute
an agreement with Ray G. Staff and Eugene T. Yahn providing
covenants running with the land for Parking Variance No. 305,
a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth
at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Ber-
1
AYES:
nardino at
the .I ~..(: day
eeting thereof, held on
, 1971, by the following
vote, to wit:
NOES:
ABSENT:
7'I~A J? /
, - ~
?---~d'/k4A_.# ';~~A'./
of
~'
/ f
,~-r~/I/ ".C y!6f:rk
e foregoing resolution is hereby approve / this ,~W day
, 1971.
Approved as to form:
:: I ~i~~~
31 I
321
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I
FILED
JAN 1 J !oJ ji
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!!!!!!!!!I
(Declaration of lle.trictions - VariaDce Ho. 305)
THIS .AtD~I\,J...t, macie and entered in.to at San Bernal'.'dino,
California, this day of. 1971, by and
between the em or SAIl ~UntO, a 1lIUnieipal eor,oratioo.,
hereinafter caUecl "cit,", andiA! C, l'l'U'I'..d _lid T. YARN,
individuals, herd_fte~' callAd .......r".
! lI!!I!lll:
WADi.., fhtner intenda to coutJuct a 41 unit apartment
complex upon the ll'eal property gtnerally described.. ,located at
1351 'North Itnt. Street, San 18rnardillO, Califernia, ..lIIOre
particularly de.cr#J:led in Exhibit "A" attached hereto &nc! incor-
porated herein by reference; and
W"lDl'l"Il, Own.r was gr4i1teti Vati.aneeHo. 305 from City
Zoning ordinanee 1IfO. 1991 hy t:be '1aiUi!Q$ C_ud--. and the
. '. , .. : . .. . . .'-
Mayall' and eo..:. COtlZ'<<:ll ofGity on January ,4, 1971, whtclh vari-
ance authorue. a reduction in the n\1lllMr of requ1* parking
'pace. and pend. don that certain parking i*iUd..he un-
covered.
HW, TIDIfOU. the pUti.~ hereto agtee.. toll...:
1, Owner and their 'UGee..on, tran.t.l'''' or ...1pa
shall c0lllp1y with each coniitiOll. of Vadance Ho. 30S grantecl by
the City of Ian ternardino.
I
2. OWner and l=heir rucc....r., transfer... or "'1sns
shall not permit or allow any per.on other than an elderly or
disabled penon to rent or cdeup)< .aid ,partmenta.
3. In the event Owner or their succe,.ora, transferees
or assigna .hall fail to comply with paragrapha 1 or 2 hereof
or any conditions of Variance No. 30S then" upon written thirty
(30) day notification from City, the parking provisions ..
righta granted by Variance No. 305 .hall autOllllltically become
null and void and the parking requirements of Ordinance Ro. 1991
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r'l tl ! [)> )T
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shall be applicable in the same manner and with the same effect
a if said variance had not been granted. J)ur1ng the period of
the thirty clay notice an appeal may be filed with the Hayor and
Common COlmail of City which shall stay the voiclanee of the
variance Imtil a final cleeb10n is tUde by the Mayor and CQIlWlOn
COlmcll. ror the purpos.s of thb aareement the worill "elderly
or dbabled pelSonlI tl shall hAlve th. uan1ng let forth in the
National Bouaina Act.
4. The provisions of thls apeement sluLll cGD.Stitute
covenants runn1ng with the lad and .hall. be bind.inl upon the
respective perti.. hereto, their heirs, le.41 re.praentatives
and a.ips.
Df Wi'DD' WRV"', the parties hereto have executed this
agre.-nt the clay and year filSt above written.
A'l"tIST: C~ .. au ~"llDO,
aJfunid.~ Co~!'&t1 /-~,/7
IY /'; (/
t:JNDU
BY
ity 6. mn
IY
su,ene T. !Dlul. I
Approved as to form:
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