HomeMy WebLinkAbout08_011 PC ResolutionPC RESOLUTION NO. 08-11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA FINDING THAT THE
PROPOSED CONDITIONAL VACATION OF PORTIONS
OF YNEZ ROAD CONFORMS TO THE GENERAL PLAN
OF THE CITY OF TEMECULA
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and resolve as follows:
A. On October 22, 2002, the City of Temecula and Advanced Cardiovascular
Systems, Inc., now known as Abbott Cardiovascular Systems, Inc. ("ACS"), entered into
that certain Development Agreement for the development of approximately 27 acres of
real property in the vicinity of Ynez Road, Motor Car Parkway, Margarita Road and
Solana Way ("Development Agreement"). The Development Agreement was approved
by the City Council by its adoption of Ordinance No. 02-10 and was recorded on
February 7, 2003 as Document Number 2003-092775 of Official Records of the County
of Riverside. The City Council determined that the provisions of the Development
Agreement are consistent with the City's General Plan.
B. On October 16, 2002, following a duly noticed and conducted public
hearing, the Planning Commission of the City of Temecula adopted PC Resolution No.
2002-044, recommending that the City Council adopt an Ordinance Entitled, "An
Ordinance of the City Council of the City of Temecula Adopting a Mitigated Negative
Declaration For, and Approving the Development Agreement With, Advanced
Cardiovascular Systems, Inc., A Subsidiary of Guidant Corporation (Planning
Application Number PA02-0217)". In adopting PC Resolution Number 2002-044, the
Planning Commission made the following findings:
1. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula
General Plan in that the Development Agreement makes reasonable
provision for the use of certain real property for industrial, commercial and
residential component.
2. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan and the traffic impacts of the
development over the period of the Development Agreement will be
substantially mitigated by the mitigation measures and Conditions of
Approval imposed.
3. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in
which the Property subject to the Development Agreement is located, and
that this Development Agreement is consistent with good planning
practices by providing for the opportunity to develop the Property
consistent with the General Plan.
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4. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable
provision for a balance of land uses compatible with the remainder of the
City.
5. The Development Agreement will not be detrimental to the health, safety,
or general welfare because it provides adequate assurances for the
protection thereof.
6. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an
important local employer and could bring additional employment
opportunities to local residents.
7. The potentially significant impacts to the environment from the project will
be mitigated to a level of insignificance based upon the identified
mitigation measures.
C. The findings set forth in PC Resolution No. 2002-044 were applicable to
the entirety of the project authorized by the Development Agreement, of which the
pedestrian bridge is an important component. In addition to those findings, the Planning
Commission finds that the pedestrian bridge in and of itself is consistent with the
General Plan, in that:
1. The pedestrian bridge supports and serves the project described in the
Development Agreement, which project furthers Goal 1 of the Land Use
Element of the General Plan, to achieve a diverse and integrated mix of
residential, commercial, industrial, recreational, public and open space
land uses, and Policy 1.4, "Support development of light industrial, clean
manufacturing, technology, biomedical, research and development, and
office uses to diversity Temecula's economic base." As an important
component of the project contemplated under the Development
Agreement, the pedestrian bridge assists in implementing Policy 1.4.
2. Goal 6 of the Circulation Element of the General Plan seeks enhanced
traffic safety on City streets. Policy 6.3 states, "Require that vehicular,
pedestrian and bicycle traffic be separated to the maximum extent
feasible, especially in areas with high traffic volumes." Ynez Road is a
"Principal Arterial" under the Roadway Plan set forth as Figure C-2 in the
Circulation Element. The area of Ynez Road in the vicinity of the
pedestrian bridge experiences high traffic volumes, and traffic safety is an
important issue in particular given the large number of ACS employees
who must cross Ynez Road going to and from work. The pedestrian
bridge will help separate vehicular and pedestrian traffic in an area with
high traffic volumes, thus implementing Goal 6 of the Circulation Element.
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3. Section C-17 of the Circulation Element Implementation Program seeks to
allow for safe movement of vehicles, bicycles and pedestrians and
minimize accidents by implementing such measures as developing safe
passage routes and alternatives to crossing busy highways within the City,
and constructing pedestrian crossings over arterial roadways with heavy
traffic volumes. The pedestrian bridge in this area of heavy traffic volumes
is directly consistent with the Circulation Element Implementation Program
D. Section 2.13 of the Development Agreement provides that in order to
accommodate traffic and to minimize the interruption of vehicular traffic on Ynez Road
due to the existing surface pedestrian crossing, the parties wish to provide for the
construction by ACS of a private pedestrian bridge across Ynez Road. Section 2.13.3
of the Development Agreement further provides that the City shall convey to ACS
sufficient real property interests and shall carry out necessary vacation proceedings in
order to accommodate the bridge. The terms and conditions of the Development
Agreement and the Council's authority to act in connection therewith were validated by
judgment of the Superior Court of the State of California, County of Riverside, entered
on August 15, 2003, in Case Number RIC 387405.
E. ACS has determined to proceed with development and construction of the
pedestrian bridge. Consistent with Section 2.13.3 of the Development Agreement, ACS
has requested the City. to conduct vacation proceedings under California STREETS
AND HIGHWAYS CODE Sections 8320, et seq. for the vacation of certain portions of
Ynez Road in the vicinity of Motor Car Parkway. The purpose of the proposed vacation
is to facilitate the construction of the private pedestrian bridge across Ynez Road that
will join ACS facilities on either side of such road. ACS owns the underlying fee interest
in Ynez Road. Vacation of a portion of the airspace above the road and on and under
the surface of a small portion of the median will accommodate construction of the bridge
and allow ACS to construct the bridge and obtain satisfactory title insurance.
F. Pursuant to Government Code Section 65402 and Street and Highways
Code Section 8313, the Planning Commission held aduly-noticed public hearing
regarding the conformity of the proposed vacation to the General Plan.
Section 2. CEQA Analysis. The proposed vacation was reviewed in
accordance with the California Environmental Quality Act, Public Resources Code
Section 21000 et seq. ("CEQA") and the CEQA Guidelines, 14 Cal. Code Regs. §
15000 et seq. ("CEQA Guidelines"). The environmental analysis included a review of
the Mitigated Negative Declaration for the Development Agreement approved by the
City Council on October 22, 2002, including the mitigation measures identified therein.
Based on that review, the Planning Commission finds that no further environmental
review is required pursuant to Section 15162 of the CEQA Guidelines and Section
21166 of the Public Resources Code. The proposed vacation does not involve
significant new effects, does not change the baseline environmental conditions, and
does not represent new information of substantial importance that shows that the
proposed vacation will have one or more significant effects not previously discussed in
the Mitigated Negative Declaration. Accordingly, the proposed vacation does not
require the preparation of a subsequent Environmental Impact Report or Mitigated
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Negative Declaration because none of the conditions described in Section 15162 of the
CEQA Guidelines exist.
Section 3. Further Findings. After receiving evidence, both written and oral,
regarding the proposed conditional vacation of portions of Ynez Road described in
Exhibits "A" through "D" hereto, including PC Resolution No. 2002-044 and Section 2.13
of the Development Agreement, and the staff report regarding the proposed conditional
vacation, the Planning Commission hereby finds in accordance with Government Code
Section 65402 that the conditional vacation of the portions of Ynez Road described in
Exhibits "A" through "D" is in conformance with the General Plan of the City of Temecula
based on the findings set forth above in Section 1.B. and 1.C. of this Resolution and for
the reasons set forth in the staff report, which is incorporated herein by this reference.
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Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 20th day of February 2008.
~_
John Telesio, Chairman
ATTEST:
/i ~~~~" ~~~~
Debbie Ubnoske, Secretary
~'`
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STF~TE OFCAL;FORf~,ttr'1 )
COUNTY ~`RIV , .,iDE ) ss
CITY OF~T:EMECULA~ )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 08-11 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
20th day of February 2008, by the following vote:
AYES: 4
NOES: 0
ABSENT:
ABSTAIN: 0
PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: Guerriero
PLANNING COMMISSIONERS: None
~~~~ ~~~
Debbie Ubnoske, Secretary
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~i ~TIC]flfl®~~lf' 66 A 99
LEGAL DESCRIPTION
PARCEL 1
FOR STREET VACATION OF AIR SPACE RIGHTS
FOR PEDESTRIAN BRIDGE PURPOSES
A VOLUME OF AIRSPACE OVER THAT PORTION OF TRACT NO. 3334 RECORDED IN
BOOK 54 OF MAPS AT PAGES 25 - 30 AND THAT PORTION OF THE GRANT OF
EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, RECORDED
FEBRUARY 9, 1993 AS DOCUMENT NO. 50724 OF OFFICIAL RECORDS, IN THE
OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA LYING BELOW AN ELEVATION OF 1089.00 FEET AND ABOVE AN
ELEVATION OF 1071.50 FEET PER THE RIVERSIDE COUNTY BENCH MARK
DESIGNATED AS "T-46-81 RESET 1997", HAVING AN ELEVATION OF 1097.163,
ESTABLISHED ON NNE 12, 1997, ON FILE WITH THE COUNTY OF RIVERSIDE,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND MORE CLEARLY
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD (134.00 FEET
WIDE) AND MOTOR CAR PARKWAY (60.00 FEET WIDE PRIVATE ROAD AND
UTILITIES EASEMENT) AS SHOWN ON PARCEL MAP 23354 RECORDED IN BOOK
152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY
RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 64.87 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD SOUTH 79°47'54" WEST A
DISTANCE OF 67.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID YNEZ
ROAD AS SHOWN ON SAID DOCUMENT N0. 50724;
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 10°12'45"
WEST A DISTANCE OF 13.50 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY NORTH 79°47'54" EAST A
DISTANCE OF 134.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID YNEZ
ROAD AS SHOWN ON THE GRANT OF EASEMENT FOR PUBLIC ROAD AND
DRAINAGE PURPOSES, RECORDED FEBRUARY 9, 1993 AS DOCUMENT NO. 50718
OF OFFICIAL RECORDS, IN THE OFFICES OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY SOUTH 10°12'45"
EAST A DISTANCE OF 13.50 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY SOUTH 79°47'54" WEST A
DISTANCE OF 67.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2
FOR STREET VACATION OF AIR SPACE RIGHTS
FOR PEDESTRIAN BRIDGE PIER
A VOLUME OF AIRSPACE OVER THAT PORTION OF LOT "H" OF TRACT NO. 3334,
RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LYING BELOW AN ELEVATION OF 1071.50 FEET AND ABOVE AN ELEVATION OF
1053.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-
81 RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12,
1997, ON FILE WITH THE COUNTY OF RIVERSIDE, THE TOP OF SAID PORTION
BEING RECTANGULAR AND THE BOTTOM OF SAID PORTION BEING CIRCULAR,
THE SIDES OF SAID PORTION BEING IN A STRAIGHT LINE BETWEEN THE TOP
AND BOTTOM EDGES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND MORE CLEARLY SHOWN ON EXHIBIT "C" ATTACHED HERETO AND MADE A
PART HEREOF:
BOTTOM DESCRIPTION (at elevation 1053.00):
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 71.87 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 79°47' 15" EAST A DISTANCE OF 6.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING
THE CENTER OF A 3.00 FOOT RADIUS EASEMENT.
TOP DESCRIPTION (at elevation 1071.50):
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 65.12 FEET;
THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD NORTH 79°4TIS" EAST A
DISTANCE OF 2.50 FEET TO THE TRUE PO1NT OF BEGINNING;
THENCE NORTH 79°47'54" EAST A DISTANCE OF 7.00 FEET;
THENCE NORTH 10° 12'06" WEST A DISTANCE OF 13.00 FEET;
THENCE SOUTH 79°47'54" WEST A DISTANCE OF 7.00 FEET;
THENCE SOUTH ]0°12'06" EAST A DISTANCE OF 13.00 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 3
FOR STREET VACATION OF RIGHTS
FOR PEDESTRIAN BRIDGE FOOTING
A VOLUME OF SPACE UNDER THAT PORTION OF LOT "H" OF TRACT NO. 3334,
RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LYING BELOW AN ELEVATION OF 1053.00 FEET AND ABOVE AN ELEVATION OF
953.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-81
RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12,
1997, ON FILE WITH THE COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBIT "D"
ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 71.87 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 79°47' 15" EAST A DISTANCE OF 6.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING
THE CENTER OF A 3.00 FOOT RADIUS EASEMENT.
EXHIBIT "B"
PARCEL 1
II ' 1
I DED/GATED AND ACCEPTED ~I
- - 1~ PER MB 52/25-30
1 44.00"
44.00"
50.00"
I
SCALE 1 """=30' 1 ~ I
1 N ~
p3.00" 4754E 13400" ~
2
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1(` DOG. N0. 50718 REC. 2/9/93
6.001
~ ~ ~1- 17.00"
OED/GATED AND ACCEPTED
I PER PMB 152/74-76
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~~~~~~~~~ $79'47"54 W ~ ~ ~
67 00 "W
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TRUE PO/NT OF I ~ ~ 1 I
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EXHIEIT "C"
PARCEL 2 DJ,
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- - ~ \\\\ TRUE PO/NT OF
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N79 47"15 E 6.00' ~ ~~~~'
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N794754 E 7.00"
TRUE PO/NT OF
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PO/NT OF COMMENCEMENT
EXCEL ENGlNEERIAR"i
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EXHIBIT "D"
PARCEL 9
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TRUE PO/NT OF BEG/NNING
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EXHIBIT E
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0356
Project Description: General Plan Conformity of Proposed Conditional Vacation of
Portions of Ynez Road Related to the Abbott Pedestrian
Bridge
Assessor's Parcel No.
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
921-680-023 and 921-720-015
NIA
N/A
N/A
February 20, 2008
Expiration Date: NIA
1. ACS shall have the exclusive use of the pedestrian bridge, and shall have the right to
restrict access to authorized persons. ACS shall own the bridge, and City shall have no
ownership interest therein.
2. ACS shall indemnify City as to the construction and operation of the bridge, consistent
with the terms of an operating memorandum under Section 6.2 of the Development
Agreement in a form mutually agreeable to the City and ACS and in a form satisfactory
to the City Attorney.
3. ACS shall be responsible for all costs for design and construction of the bridge (including
relocation of utilities, as necessary).
4. ACS shall protect any public utilities in the vicinity of the vacation area during
construction of the piers, bridge abutments and similar supporting structures. Any
damage to existing utilities shall be repaired or reconstructed, and any necessary
temporary or permanent relocation shall be conducted, in a manner satisfactory to the
affected utility at Abbott's sole cost and expense.
5. The vacation shall not impede Fire Department access to the pedestrian bridge or its
appurtenant structures.
6. ACS shall be responsible for all costs for maintenance of the bridge and for removal
upon cessation of use.
7. The City of Temecula reserves a power of termination as set forth in this Condition of
Approval:
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a. After a period of three years of continuous non-use of the pedestrian bridge
constructed in the vacation area, the City may (but is not required to) take the
steps set forth in this condition, within the time allowed by law. As used here,
"continuous non-use" means that the pedestrian bridge has not been used to
access or provide utility or other services to the real property on either end of the
bridge during the period in question.
b. If the City determines that there have been three years of continuous non-use
and wishes to proceed under this condition, it shall provide ACS with written
notice of its determination and an opportunity to cure the alleged non-use. If
ACS is no longer the record owner of the property on each side of the bridge at
that time, the City shall provide notice to the then-record owner(s). Such notice
shall provide ACS 90-day period within which to make use of the bridge. Notice
shall be given, and days hereunder shall be counted, in the manner set forth in
the Development Agreement.
c. If the City determines that ACS has not made reasonably frequent use of the
bridge within the 90-day period, the City Council shall consider the matter at a
public meeting, and shall provide written notice to ACS (or the then-current
owner(s)) at least 30 days in advance of such consideration. If at the conclusion
of its consideration the City Council determines that (a) there has been athree-
year period of continuous non-use, and (b) that no reasonably frequent use was
made during the 90-day cure period, then the Council may adopt a resolution
authorizing the exercise of the City's power of termination.
d. The provisions of Development Agreement Section 12, Judicial Review, shall
apply to the exercise or attempted exercise of the City's power of termination
hereunder, or as to any other dispute under these Conditions of Approval,
including (without limitation) resolution of claims through a general reference in
accordance with Code of Civil Procedure Sections 638 through 645.1 or any
successor statutes, and the right of the prevailing party to attorneys' fees and
costs. In any reference or proceeding, the City shall have the burden of proof to
demonstrate the fact of continuous non-use of the pedestrian bridge.
8. Nothing in this Resolution or Conditions of Approval shall affect the City's jurisdiction to
take appropriate action to abate a public nuisance for disrepair of the bridge or for any
other matter, as authorized by applicable law.
9. To the extent permitted by law, the provisions of this Resolution, including these
Conditions of Approval, shall constitute covenants that shall run with the land for the
benefit thereof, and the benefits and burdens of this Resolution and Conditions of
Approval shall bind and inure to the benefit of the City and ACS and their respective
successors in interest. As used in these Conditions of Approval, "ACS" shall mean the
owner(s) of the real property on either end of the bridge, adjacent to Ynez Road. If such
property is at any time under the ownership of more than one person, then the
obligations of such owners hereunder shall be joint and several.
Condition 2 (as to execution of the required operating memorandum) shall be completed prior to
recordation. The remaining conditions are long-term in nature and shall apply beyond
recordation.
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