HomeMy WebLinkAbout1997-02-11; City Council; Resolution 97-62_. I _^C--*
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RESOLUTION NO. 9 7 - 6 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PREPAYMENT AGREEMENT WITH UDC HOMES, INC. AND APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 9503, EMERALD RIDGE WEST.
WHEREAS, UDC Homes, Inc., a Delaware Corporation, has submitted a Final Map
known as Carkbad Tract No. 9503 to the City of Carisbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. 9503 with conditions, was
approved by the Planning Commission on January 17, 1996, pursuant to Resolution Number
3880; and
WHEREAS, the City Engineer has determined that said map substantially conforms to
said conditionally approved tentative map; and
WHEREAS, the conditions of approval for said Final Map have been completed or
secured with the exception of Council approval of a financing program guaranteeing the
construction of certain portions of Poinsettia Lane and Aviara Parkway; and
WHEREAS, the developer is requesting Council approval of an interim agreement entitled
“Petition, Waiver and Consent to Creation of a Facility Impact Fee Program and Agreement to
Pay Fair Share Cost of Aviara Parkway and Poinsettia Lane” whereby developer agrees to pay
the City $441,560 towards their fair share cost of the financing of Aviara Parkway and Poinsettia
Lane and to waive their right to protest the establishment of a facility impact fee for the
construction of Aviara Parkway and Poinsettia Lane; and
WHEREAS, the developer has offered public street and public utility, trail and open space
easements for dedication to the City of Carlsbad; and
WHEREAS, the Final Map conforms to the City of Carlsbad General Plan and all
requirements of City Codes and Standards; and
WHEREAS, the City Council of the City of Cartsbad determined it to be in the public
interest to approve said Final Map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct.
2. That the Mayor is directed to sign the agreement entitled “Petition, Waiver and
Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost o
Aviara Parkway and Poinsettia Lane.”
3. That said Final Map known as Carlsbad Tract No. 95-03 from UDC Homes, Inc.,
which is on file with the City Engineer and is incorporated herein by reference, is accepted.
4. That the City accepts the dedications shown on the Final Map, except for the tr
easement.
5. That the City Clerk is authorized to sign the Certificate of Acceptance on the Fil
Map.
6. That the City Clerk is authorized to cause the original Final Map to be recorded in t’
Office of the County Recorder of San Diego County, State of California.
7. That the City Clerk is authorized to release the map to First American Title lnsuran
Company for recording in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Coun
held on the 11th day of February , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin and Hall
NOES: None
ABSENT: Council Member Finnila
ATTEST n A
ALETHA L. RA (SEAL)
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