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HomeMy WebLinkAboutReso 2009-163RESOLUTION NO. 2009-163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY WHEREAS, the City and Hovnanian entered into that certain Grant of Easements, License & Maintenance Agreement dated May 10, 2006, which was recorded May 10, 2006 as document no. 2006-0331345 of Official Records of the San Diego County Recorder (the "Agreement"); and WHEREAS, pursuant to the Agreement, the City granted to Hovnanian easements for landscape maintenance purposes upon, over and across the HOA Maintained Public Areas in order to facilitate the obligations of Hovnanian as set forth in Supplemental Subdivision Improvement Agreement, recorded on May 10, 2006 as document no. 2006-0331343 of Official Records of the San Diego County Recorder; and WHEREAS, the City and Hovnanian now desire to amend the Agreement to exclude from the legal description of the Property and from the terms and provisions of the Agreement Lot G of Map No. 15339. NOW, THEREFORE, BE IT RESOLVED that the Ciry Council of the City of Chula Vista does hereby approve the amendment of the Grant of Easements and Maintenance Agreement for the grant of easements and maintenance for Chula Vista Tract No. 03-03, Bella Lago, 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 Ciry of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chu]a Vista. Presented by 7/~ Deputy C1ty Manager/Development Services Director Approved asto form by Resolution No. 2009-163 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of July 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann Cheryl Cox, ~ ayo ATTEST: ~1117~ /Yt75R ~ Donna R. Norns, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-163 was duly passed, approved, and adopted by the City Counci] at a regulaz meeting of the Chula Vista City Council held on the 14th day of July 2009. Executed this 14th day of July 2009. ~ `~h~e Donna R. Norris, CMC, City Clerk