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Resolution Number 74-6-5-3177 RESOLUTION NO. 74-6-5-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO WAIVING CONDITION NO. 30, TENTATIVE TRACT 7616 IN CONSIDERATION OF REMEDIAL OFFER WHEREAS, the Planning Commission of the City of San Juan Capistrano did, at its regular meeting held on February 20, 1973, specifically condition their approval of Tentative Tract No. 7616 as follows: that the eucalyptus tree located within said tract shall be preserved; and WHEREAS, the said tree was removed without the consent or approval of the City of San Juan Capistrano, and constitutes a violation of the aforesaid condition; and WHEREAS, Westport Home Builders, Inc., developers of Tentative Tract 7616 have, as a remedial proposal for the said violation, agreed to pay the City of San Juan Capistrano the total sum of $20,000.00 to be used by the said city at its discretion, provided that the sum of $3,500.00 be allocated to landscaping on Tract No. 7616. NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council of the City of San Juan Capistrano does hereby waive Condition No. 30 imposed upon Tentative Tract No. 7616, upon the condition that Westport Home Builders, Inc. pay the sum of $20,000.00 to the City forthwith. 2. The City Council hereby agrees that $3,500.00 of the aforesaid sum shall be allocated toward the planting of trees and/or other landscaping within Tract No. 7616. PASSED, APPROVED and ADOPTED this 5th day of June 1974, by the following vote, to wit: 178 AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Mayor of the STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) HECKSCHER, NASH, SWEENEY, WEATHERS, BYRNES NONE NONE nes, m.u. San Juan Capistrano I, MARY ANN HANOVER, Clerk of the City of San Juan Capistrano hereby state and declare that the above and foregoing resolution was duly adopted by a unanimous vote of the council- men at a regular meeting of the City Council held on June 5, 1974, at the hour of 7:00 P. M. Mary Ann jXanover City C1 -2- r STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) and says: 179 AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and, in further compliance with City Resolution No. 79-1-28-4, and on the day of � , 1974 , she caused to be posted Resolution No. 74-6-5-3 , being: Resolution of the City Council of the City of San Juan Capistrano Waiving Condition No. 30, Tentative Tract 7616 in Consideration of Remedial Offer in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. MARY AN HANOVER, City Clerk San J an Capistrano, California