HomeMy WebLinkAbout1981-04-21; City Council; Resolution 65031
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RESOLUTION NO. 6503
A FLESOLUTTON OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DELAYING THE TIME AT WHICH
SAN MARCOS CREEK PARK SHALL BE DEDICATED PURSUANT
TO THE AGmEMENT BETWEEN LA COSTA LAND COMPANY AND
THE CITY OF CARLSBAD APPROVED BY CITY COUNCIL
RESOLUTION NO. 5286.
WHEREAS, the City Council, of the City of Carlsbad,
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has by Resolution rNo.5286 approved the parks agreement between
the City of Carlsbad and the La Costa Land Company; and
WHEREAS, Paragraph No. 4 of said Agreement provides:
"As a condition of approval of final subdivision
map for the subdivision of any part of the property
within the boundaries marked "Area C", on
Exhibit "B", attached hereto and made a part
hereof, La Costa shall deed or dedicate to City,
free of any liens and encumbrances, by appropriate instrument acceptable to City, the site designated on the revised Master Plan and shown on
"Exhibit B", hereto as San Marcos Creek Park. Said
park shall consist of 14.7 acres for which La
Costa shall receive credit as herein provided
equal to 10.7 acres computed according to the
provisions of Chapter 20.44 of the Carlsbad
Municipal Code and this agreement."
and
WHEREAS, CT80-25 (Meadowbrook) and CT 80-9 (Hidden
Meadows) have been or will be within a short period of time
after the date of this resolution be submitted for final map
approval; and
WHEREAS, CT 80-25 and CT 80-9 are final subdivision
maps for subdivisions within the area designated in Paragraph 4
of the parks agreement: and
FJHEREAS, the City Council finds that it is desirable to
allow the final map for CT 80-25 and CT 80-9 to be approved; and
WHEREAS, the La Costa Land Company, or 2-t~ successor in
interest, the Daon Corporation, are not prepared at this time to
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dedicate the entire 14.7 acres of San Marcos Creek Park;
and
WHEREAS, the requirements of provision of park land or
payment of fees in lieu thereof pursuant to Chapter 20.44 of the
Carlsbad Municipal Code and the parks agreement between the La
Costa Land Company and the City shall be complied with by the
applicants for CT 80-25 and CT 80-9;
NOW, THEREFORE, BE TT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and
correct.
2. That the requirement under Paragraph 4 of the
parks agreement to dedicate 14.7 acres known as San Marcos
Creek Park shall not apply to the final subdivision maps for
CT 80-25 and CT 80-9.
3. That this resolution shall not apply to any other
subdivision in the area designated in Paragraph 4 of the parks
agreement between the La Costa Land Company and the City of
Carl sbad.
4. That this resolution shall not constitute or be
considered a waiver of any of the Cityis rights under Paragraph 4
of the parks agreement between the La Costa Land Company and the
City of Carlsbad.
5. That except as provided in Paragraph 2 above, nothing
in this resolution shall relieve La Costa Land Company or its
successors in interest from meeting its obligations under
Paragraph 4 any other provision of the parks agreement.
6. That the requirement to provide park land or payment
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of fees in lieu thereof pursuant t the provisions of
Chapter 20.44 of the Carlsbad Municipal Code and the parks
agreement for CT 80-25 and CT 80-9 shall be met either by
the payment of park-in-lieu fees or from credit existing in
favor of the La Costa Land Company for previously dedicated
park land under such parks agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of
, 1981, by the April the City Council on the21st
following vote, to wit:
day of
AYES: Cotgicil Phibers Packard, Cask, hear, Lewis and Kulchin
NOTES: None
ABSENT: None
ATTEST :
(SEAL)
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