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HomeMy WebLinkAboutReso 2004-018 RESOLUTION NO. 2004-018 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 OF CHULA VISTA, REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILmES, 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 all maintenance; 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. 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 NNP Trimark San Miguel Ranch, LLC, a California Limited Liability Company, regarding maintenance of private open space and facilities within the right of way of Chula Vista Tract No. 99-04, San Miguel Ranch Planning Area "F", 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 behalf of the City of Chula Vista. Presented by Approved as to form by ~~ Ann Moore City Attorney Resolution 2004-018 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Davis, McCann, Rindone, Salas and Padilla None None /šIfi@U ATTEST: ~~I~W~ C~~c&-/ ~ 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. 2004-018 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of January, 2004. Executed this 13th day of January, 2004. -~ ð-L~J ~ Susan Bigelow, CMC, City rk