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Resolution Number 06-09-06-03RESOLUTION NO. 06-09-06-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CONSERVATION PURPOSES FOR THE TERMINAL RESERVOIR NO. 3 PROJECT (CIP # 753)(APN 650-521-02 and 03) WHEREAS, the City of San Juan Capistrano (City), in implementing its Domestic Water Master Plan is constructing the Terminal Reservoir No. 3 Project, which will replace the existing Terminal Reservoir No. 2 with a new, 6 million gallon reservoir located south of Highland Drive within the Mission Hills portion of the City; and, WHEREAS, the City, as part of constructing this project is required to establish a riparian habitat; and, WHEREAS, the City is required to execute a covenant for the purpose of protecting and maintaining the riparian habitat in perpetuity. NOW, THEREFORE, BE IT RESOLVED, on September 6, 2006, the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. Construction of the Terminal Reservoir No. 3 Project is an essential part of implementing the City's Domestic Water Master Plan. SECTION 2. As part of constructing this project, the City is required to establish a riparian habitat, and execute a covenant for the purpose of protecting and maintaining the riparian habitat in perpetuity. SECTION 3. The City Council approves the Declaration of Covenants, Conditions, and Restrictions for the conservation of riparian habitat mitigation sites for the Terminal Reservoir No. 3 Project. SECTION 6. The City Clerk is directed to forthwith -forward the Declaration to the Orange County Recorder's Office for recordation. 09-06-2005 PASSED, APPROVED, AND ADOPTED this 6th day of September 2006. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 05-09-06-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 6th day of September 2005, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart NOES: COUNCIL MEMBER: None ABSTAIN: COUNCIL MEMBER: None R ARET RMONAHAN, City Clerk 09-06-2005