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1. If any geotechnical report, disclosure, or other information required to resolve issues regarding the subject property has been submitted to the D.R.C., no subdivision plat or other development plan shall be approved, and no building permit shall be issued for construction, until the owners of the subject real property have signed and delivered a restrictive covenant to the city, have included the restrictive covenant in any CCandRs affecting the property, and have obtained approval of the restrictive covenants from the D.R.C. The restrictive covenant shall be in a form suitable for recording and shall contain not less than the following:

a. A complete description of the geotechnical conditions of the subject real property, including references to all relevant reports and studies;

b. A description of all grading, filling, excavating of land, or erection of a structure human habitation, to be undertaken, approved in the geotechnical report acknowledged by the D.R.C., along with a detailed summary of all requirements and restrictions imposed thereon;

c. A covenant and agreement enforceable by the city and any subsequent owner of the subject real property stating that only the grading, filling, or excavating of land or erection of a structure contemplated by and set forth in the acknowledged geotechnical report will be constructed or maintained unless and until a new proposal is submitted and further compliance with this chapter is completed.

2. No subdivision plat or other development plan shall be approved, and no building permit shall be issued for construction, until any statements required by subsection (1), and until a notice of interest regarding applicable ordinance restrictions, is duly recorded with the county recorder. (Ord. 99-13, adopted, 2000)