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HomeMy WebLinkAboutReso 2003-116RESOLUTION NO. 2003-116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN NNP TRIMARK SAN MIGUEL RANCH, LLC AND THE CITY, REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES, AND AUTHORIZING THE MAYOR TO EXECIYFE SAID AGREEMENT WHEREAS, the grant of easements and maintenance agreemem sets forth the master developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the obligation will be assigned to the Master Homeowner's Association (MHOA) after the landscaping has been established and turned over to the IVlHOA to maintain; and WHEREAS, there is no community facilities district for maintenance within San Miguel Ranch, therefore, the Home Owners Association (HOA) is responsible for ail maintenance; and WHEREAS, the HOA establishes specific obligations and responsibilities of the HOA, regarding the maintenance of private open space and facilities within the right of way; and WHEREAS, the agreement aiso grants non-City crews permission to maintain parkways in the public right of way and storm drain inlets equipped with water quaiity facilities; and WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of the aforementioned private improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the grant of easements and maintenance agreement between NNP Trimark San Miguel Ranch, LLC and the City of Chula Vista for San Miguel Ranch Neighborhood "E-2", regarding maintenance of private open space and facilities, 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 authorized to execute said agreement on behalf of the City of Chnla Vista. Presented by Approved as to form by ~Director Ann Moore City Attorney Resolution 2003-116 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: None Councilmembers: None AYES: NAYS: ABSENT: Davis, Rindone, Salas, McCann and Padilla /Steep ~lla, Mayor Susan Bigelow, City Clerl~ 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. 2003-116 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of March, 2003. Executed this 25th day of March, 2003. Susan Bigelow, City Clerk