HomeMy WebLinkAboutReso 2003-359RESOLUTION NO. 2003-359
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEIVIENTS
AND MAINTENANCE AGREEMENT FOR OTAY RANCH
VILLAGE 11, NEIGHBORHOOD R-2, ESTABLISHING
SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR
MAINTENANCE OF PRIVATE FACILITIES WITHIN 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 MI-IOA to maintain;
and
WHEREAS the agreement also grants non-City crews permission to maintain parkways
in the public right-of-way and storm drain inlets equipped with water quality facilities; and
WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of
the aforementioned private improvements and recommends Council approval.
WHEREAS City Council by Resolution 2003-314 approved the Grant of Easements and
Maintenance Agreement for Otay Ranch Village 11 Neighborhood R-2; and
WHEREAS prior to recordation developer sold the real property at issue and the
ownership for Neighborhood R-2 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 Chula
Vista does hereby approve the Grant of Easements and Maintenance Agreement, between
Brookfield Shea Otay LLC, a California 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-2, 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 agreement for and on behalf of the City of Chula Vista.
Resolution 2003-359
Page 2
Presented by
Approved as to form by
E:liff~ Swanson
Engin'~ering Director
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:
Councilmembers:
Davis, McCann, Rindone and Padilla
None
Salas
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. 2003-359 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~''t>~'