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HomeMy WebLinkAboutReso 2016-260RESOLUTION NO. 2016-260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 3 AND A PORTION OF VILLAGE 4 SECTIONAL PLANNING AREA (VILLAGE 3) BETWEEN THE CITY AND HOMEFED VILLAGE III MASTER, LLC WHEREAS. the Otay Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area (Village 3), located at Heritage Road and Main Street was approved in December 2014 (Otay Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area Plan), with 1,597 housing units, Office and Industrial uses, Community Purpose Facilities, Open Space and Preserve, a Neighborhood Park and a School site on approximately 436 acres of land. Today the land is owned by HomeFed Village III Master, LLC (Applicant or Developer), and the Applicant is proposing amendments to the approved Sectional Planning Area (SPA) Plan and related planning documents, as well as a new Tentative Map, in order to reconfigure lots, realign streets and modify land uses to make the project more marketable (the "Project'); and WHEREAS, the subject agreement concerns and affects certain improvements within a portion of the real property located in Village 3 being previously subject of City Council Resolution Nos. 2014-233, 2014-234 and 2014-237 ("City Resolutions"). As part of the Conditions of Approval for the new Village 3 Tentative Map, the Developer is required to enter into a Grant of Easements, License and Maintenance Agreement with the City; and WHEREAS, the City will enter into the Grant of Easements, License and Maintenance Agreement (GELMA) with the Master Developer to grant non-exclusive easements and rights of way across City -owned property in order to maintain landscaping, geo-grid walls and other improvements. Developer will initially be responsible for the maintenance obligations however these obligations will be transferred to the Village 3 Homeowners Association (HOA) or other sub -associations in the future; and WHEREAS, the GELMA includes insurance and indemnity obligations in favor of the City; and WHEREAS, The City's Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity was adequately covered in the previously certified Final Environmental Impact Report for the Otay Ranch University Villages Project - (FEIR 13-01). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Grant of Easements, License and Maintenance Agreement for the Otay Ranch Village 3 and a Portion of Village 4 Sectional Planning Area between the City and Homefed Village III Master, LLC, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Resolution No. 2016-260 Page No. 2 Presented by Kell roug Sri, FASLA Director of Development Services Approved as to form by en R. Gaogins ty Atto ey L) PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of December 2016 by the following vote: AYES: Councilmembers NAYS: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers: ATTEST: " Donna R Orris, C , City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Aguilar, Bensoussan, McCann, and Salas None None Miesen Mary Ads, Mayor I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2016-260 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of December 2016. Executed this 6th day of December 2016. Donna R. I 00is, C City Clerk