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HomeMy WebLinkAboutReso 1998-18999 RESOLUTION NO. 18999 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES RELATING TO THOROUGHFARE MEDIANS, LANDSCAPED AREAS, AND PARKWAYS WITHIN HUNTE PARKWAY BETWEEN OTAY LAKES ROAD AND THE SOUTHERLY BOUNDARY OF CHULA VISTA TRACT 90-02, SALT CREEK RANCH, AND WITHIN PROCTOR VALLEY ROAD BETWEEN MOUNT MIGUEL ROAD AND THE WESTERLY BOUNDARY OF SALT CREEK RANCH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on June 17, 1997, in order for Pacific Bay to obtain a final map for the Property and for the City to have assurance that the maintenance of the Project's open space areas and thoroughfare median areas would be provided for, the City and Pacific Bay entered into a Supplemental Subdivision Improvement Agreement, by Resolution 18702, in which Pacific Bay was given the option of maintaining said areas by the creation of a Homeowners Association ("HOA") or the establishment of a Community Facilities District; and WHEREAS, Pacific Bay Properties has decided that the above described areas will be maintained by a HOA and has established such an association for this purpose; and WHEREAS, staff and Pacific Bay have agreed, subject to City Council approval, and the terms and conditions of the Maintenance Agreement referred to herein, that the Project's HOA shall maintain the thoroughfare medians, landscaped and hardscaped areas, and parkways within Hunte Parkway between Otay Lakes Road and the southerly boundary of Chula Vista Tract 90-02, Salt Creek Ranch, and within Proctor Valley Road between Mount Miguel Road and the westerly boundary of Salt Creek Ranch; and WHEREAS, City desires to grant to Pacific Bay Properties easements for landscape maintenance purposes upon, over, and across portions of said thoroughfare medians, landscaped and hardscaped areas, and parkways within Hunte Parkway between Otay Lakes Road and the southerly boundary of Chula Vista Tract 90-02, Salt Creek Ranch, and within Proctor Valley Road between Mount Miguel Road and the westerly boundary of Salt Creek Ranch, in order for Pacific Bay Properties to perform said maintenance obligations. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Grant of Easements and Maintenance Agreement by and between the City of Chula Vista and Pacific Bay Properties Relating to Thoroughfare Medians, Landscaped Areas, and Parkways Within Hunte Parkway between Otay Lakes Road and the southerly boundary of Chula Vista Tract 90-02, Salt Creek Ranch, and within Proctor Valley Road between Mount Miguel Road and the westerly boundary of Salt Creek Ranch, a copy of which shall be kept on file in the office of the City Clerk as Document No. CO98-076. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Resolution 18999 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of May, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: B uthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18999 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of May, 1998. Executed this 19th day of May, 1998. ~uthel~/~t, City Cler~