HomeMy WebLinkAboutReso 2003-356RESOLUTION NO. 2003-356
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR OTAY RANCH
VILLAGE 11, NEIGHBORHOOD R-4, ESTABLISHING
SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR
MAINTENANCE OF PRIVATE FACILITIES VqITHIN THE
PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, the grant of easements and maintenance agreement 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 MHOA 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 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 approvai; and
WHEREAS, the developer has executed a supplemental subdivision improvement
agreement to satisfy remaining conditions of Resolutions 2001-364; and
WHEREAS City Council by Resolution 2003-289 approved the Grant of Easements and
Maintenance Agreement for Otay Ranch Village 11 Neighborhood R-4; and
WHEREAS prior to recordation developer sold the reai property at issue and the
ownership for Neighborhood R-4 changed; and
WHEREAS the previously approved Grant of Easements and Maintenance Agreement is
inaccurate since the ownership has changed; and
WHEREAS the Grant of Easements and Maintenance Agreement have been executed
under the new ownership structure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chnla
Vista does hereby approve the Grant of Easements and Maintenance Agreement, between
Bmokfield Shea Otay LLC, a Caiifomia Limited Liability Company, regarding maintenance of
private open space and facilities within the right of way of Chula Vista Tract No. 01-11, Otay
Ranch Village 11, Neighborhood R-4, 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 behaif of the City of Chnla Vista.
Resolution 2003-356
Page 2
Presented by
Approved as to form by
Engineering Director
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of August, 2003, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councilmembers: None
Councilmembers: Salas
ATFEST:
Davis, McCann, Rindone and Padilla
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. 2003-356 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 August, 2003.
Executed this 19th day of August, 2003.
Susan Bigelow, City Clerk