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HomeMy WebLinkAboutReso 1999-19488 RESOLUTION NO. 19488 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT AND DETENTION BASIN MAINTENANCE AGREEMENT AND CONSERVATION EASEMENT DEED AND AGREEMENT BETWEEN THE EASTLAKE COMPANY AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF EASTLAKE TRAILS SOUTH AND MAINTENANCE OF THE DETENTION BASIN AND CONSERVATION OF CERTAIN PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, in compliance with Condition No. 73 and other tentative map conditions of approval of Resolution No. 19447, the developer of EastLake Trails has formed the EastLake Trails Home Owner's Association (HOA) to maintain the open space areas and other private facilities within the EastLake Trails subdivisions; and WHEREAS, the developer has requested that the HOA be responsible for maintaining specific public landscaping improvements which include the medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive; and WHEREAS, the Grant of Easements and Maintenance Agreement will (1) require the City to grant easements for landscape maintenance purposes over those public areas to be maintained by the HOA (2) allow the HOA access for maintenance purposes and (3) require the HOA to repair, at the HOA's costs, any City facitity (i.e., sidewalk, trees, driveways) damaged by the HOA maintenance operations; and WHEREAS, the Detention Basin Maintenance Agreement will require that the developer maintain the detention basin which will service EastLake Trails until turnover of a portion of the basin to the HOA for continued maintenance and the remaining portion to the City; and WHEREAS, the Conservation Easement Deed ensures that the developer will provide high quality habitat for certain plant and/or animal species within the conservation area described on the EastLake Trails Subdivision map; and WHEREAS, pursuant to the terms of the Conservation Easement Deed, developer shall prevent use or activity within the Conservation Easement Property which is inconsistent with such conservation purposes as well as allow the City to enforce the terms of the Agreement should developer fail to do so. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Grant of Easement and Maintenance Agreement and Detention Basin Maintenance Agreement in substantially the form attached hereto and authorize the City Attorney to make any changes he deems appropriate to effectuate the terms of the agreements between The EastLake Company and the City for the maintenance of public landscaping within a portion of EastLake Trails South, copies of which shall be kept on file in the office of the City Clerk. Resolution 19488 Page 2 BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve the Conservation Easement Deed and Agreement in substantially the form attached hereto and authorize the City Attorney to make any changes he deems appropriate to effectuate the terms of the agreement for the preservation of the conservation area described on the EastLake Trails Subdivision Map, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by l Resolution 19488 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8'h day of June, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None Shi~ayo'rd~ ATTEST: Susan Bigelow, City Clerk' 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. 19488 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of June, 1999. Executed this 8'h day of June, 1999. Susan Bigelow, City Clerk !