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HomeMy WebLinkAboutReso 2001-383 RESOLUTION NO. 2001-383 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OTAY RANCH LLC AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF MCMILLIN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, in compliance with tentative map conditions of approval, the developer has formed the Lomas Verdes Master Association (MHOA) to maintain common area landscaping within the project and McMillin has requested the City allow the MHOA to be responsible for maintaining certain public landscaping improvements; and WHEREAS, initially, the developer will construct and maintain the landscaping until it is established 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, Council has already approved two previous agreements addressing HOA Maintenance of public areas within the McMillin Otay Ranch SPA One project and this last agreement covers the remaining areas of the subject project; 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 and maintenance agreement between McMillin and the City of Chula Vista for the maintenance of public landscaping within a portion of McMillin Otay Ranch SPA One, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby author/zed to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Jo~/M. Kaheny ~ Attorney Resolution 2001-383 - Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of November, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hor~n, Mayor ATTEST: Susan Bigelow, City CleTk STATE OF CALIFORNIA ) - COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2001-383 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of November, 2001. Executed this 13th day of November, 2001. Susan Bigelow, City Clerk