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HomeMy WebLinkAboutReso 2005-392 RESOLUTION NO. 2005-392 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OT A Y RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTAY RANCH VILLAGE SEVEN R-6 AND R-7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, McMillin wishes to ultimately transfer ownership of Neighborhoods R-6 and R-7 to a guest builder; and WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's and guest builder'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) for neighborhoods R-6 and R-7 (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, staff believes that the proposed agreement will guarantee the maintenance of the aforementioned 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 Otay Ranch, LLC and the City of Chula Vista for the maintenance of public right-of- way within Otay Ranch Village Seven, R-6 and R-7, 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 ofthe City of Chula Vista. Presented by Approved as to form by ~~ 'So aib AI-Agha City Engineer ~~<:-nk\'0\>y~~ ~ Ann Moore City Attorney Resolution No. 2005-392 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of December, 2005, by the following vote: AYES: Councilmembers: Castaneda, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis ~tL ATTEST: OA... Stephen C. adilla, Mayor -~4.1~~~ Susan Bigelow, MMC, City lerk 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. 2005-392 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of December 2005. Executed this 6th day of December 2005. r l.u A..... ~a;' ~ ~ Susan Bigelow, MMC, City erk ---..--- I I j