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HomeMy WebLinkAboutReso 2001-261 RESOLUTION NO. 2001-261 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS LICENSE AND MAINTENANCE AGREEMENT BETWEEN NNP-TRIMARK SAN MIGUEL RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC LANDSCAPING AND DRAINAGE IMPROVEMENTS WITHIN A PORTION OF SAN MIGUEL RANCH, PHASES 1, 2 AND 4 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, in compliance with tentative map conditions of approval, the developer has formed the San Miguel Ranch Master Association (MHOA) to maintain common area landscaping and drainage improvements within the San Miguel Ranch Project and the developer has requested the City allow the MHOA to be responsible for maintaining certain public landscaping and drainage improvements; and WHEREAS, initially, the developer will construct and maintain the landscaping and drainage improvements until acceptance by the City and then would transfer its obligations under the proposed agreement to the MHOA, which in turn may transfer said obligations to a sub- association or apartment project's owner (Transferee); and WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of the aforementioned public improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a grant of easements, license and maintenance agreement between NNP-Trimark San Miguel Ranch, LLC and the City of Chula Vista for the maintenance of public landscaping and drainage improvements within a portion of San Miguel Ranch Phases 1, 2 and 4, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FLIRTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Resolution 2001-261 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 7th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilia, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Shirley HortG~,, Mayor Susan Bigelow, City CI~C~ STATE OF CALiFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-261 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of August, 2001. Executed this 7th day of August, 2001. Susan Bigelow, City Clerk