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HomeMy WebLinkAbout1995-12-05; City Council; Resolution 95-3390 0 1 11 RESOLUTION NO. 95 - 339 2 3 4 5 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH GREYSTONE HOMES, INC., TO GUARANTEE FINANCIAL PARTICIPATION IN THE FUNDING OF ALGA ROAD AND POINSETTIA LANE AND APPROVING A FINAL MAP FOR CARLSBAD TRACT 92-01, COSTA DO SOL. WHEREAS, Greystone Homes, Inc., a Delaware Corporation, has submitted a known as Carlsbad Tract No. 92-01 to the City of Carlsbad for approval; and 8 9 10 WHEREAS, the Tentative Map of Carlsbad Tract No. CT 92-01 with conditi recommended for approval by the Planning Commission on November 3, 1993 pu Resolution No. 3546; and 11 meeting of March 1, 1994 pursuant to Resolution No. 94-63; and 12 WHEREAS, the City Council approved Planning Commission Resolution No. : 13 l6 WHEREAS, the conditions of approval for said final map have been completed c 15 conditionally approved tentative map; and 14 WHEREAS, the City Engineer has determined that said map substantially confor with the exception of City Council approval of afinancing program guaranteeing the co l7 j/ of Alga Road and Poinsettia Lane; and l8 I1 WHEREAS, the developer is requesting City Council approval of an interim E 19 20 21 entitled "Petition, Waiver and Consent to Creation of a Facility Impact Fee Pro! Agreement to Pay Fair Share Cost of Alga Road and Poinsettia Lane whereby develol 22 ll to pay the City $680,000 towards theirfair share cost of the financing of Alga Road and 23 24 WHEREAS, the developer is in the process of amending the tentative map to c 25 construction of Alga Road and Poinsettia Lane; and 28 instrument for the overpayment of the cash deposit should the project is approved fi 27 multi-family residential lot to single family lots and has requested some means of reiml 26 number of dwelling units; and Lane and to waive their right to protest the establishment of a facility impact fm Exhibit 4 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, instead of amending the already executed prepayment agreement a I authorization for reimbursement after City Council approval of the final map of the tentative map is deemed more appropriate; and WHEREAS, the developer has offered public streets and public easements for c to the City of Carlsbad; and WHEREAS, the final map conforms to the City of Carlsbad General Plai requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Carlsbad determined it to be in t interest to approve said Final Map; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is directed to sign the agreement entitled "Petition, Waiver an to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of and Poinsettia Lane." 3. That the City Finance Director is authorized to reimburse the develop overpayment of the cash deposit should the project is approved for a lesser number ( units after City Council approval of the Final Map for the amended tentative map. 4. That said Final Map known as Carlsbad Tract CT 92-01 from Greystone Hc which is on file with the City Engineer and is incorporated herein by reference, is ac 5. That the City accepts the dedication of streets and public easements shc Final Map. 6. That the City Clerk is authorized to sign the Certificate of Acceptance on the 7. That the City Clerk is authorized to cause the original Final Map to be reco Office of the County Recorder of San Diego County, State of California. I Ill ~ /I 0 e l! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 8. That the City Clerk is authorized to release the map to Chicago Title Cor recording in the office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cii held on the 5th day of DECEMBER s 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Member Kulchin ATTEST: & ETHbt!U?hUTEmANZ, 32d.Lr City Clerk KAREN R. KUNDTZS/Assistant City Clerk 1 (SEAL) 1 l9 II 20 21 22 23 24 25 26 27 28