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HomeMy WebLinkAboutReso 2004-070 RESOLUTION NO. 2004-070 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN ROLLING IDLLS RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITIDN ROLLING IDLLS RANCH SUB-AREA ill, 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, there are some areas of public right-of-way that will be maintained by the Home Owner's Association (HOA); and WHEREAS, the agreement and grant of easements sets forth the obligations of the HOA in maintaining the public right-of-way; and WHEREAS, the HOA will maintain open space lots that are not for the preservation of the habitat; 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 McMillin Rolling Hills Ranch LLC and the City of Chula Vista for the maintenance of public right-of-way within Rolling Hills Ranch Subarea ill, 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 ~~Q Ann Moore City Attorney Resolution 2004-070 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of March, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Davis, McCann, Rindone, Salas and Padilla None None ATTEST: S~~~w~âil~k 1 Ðc-- 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. 2004-070 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 2nd day of March, 2004. Executed this 2nd day of March, 2004. ~Ut1.1:ï3~ Susan Bigelow, CMC, City erk