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HomeMy WebLinkAbout1998-12-15; City Council; Resolution 98-4183 4 0 0 Exhibit 2 I RESOLUTION NO. 98-418 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGREEMENT WITH KELLY LAND COMPANY FOR THE FROM FARADAY AVENUE TO EL CAMINO REAL. 3 CONSTRUCTION OF REACH 2 OF CANNON ROAD WEST 4 CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT 5 WHEREAS, the Kelly Land Company, as a condition of approval for Carlsbad Trac (Kelly Ranch Village “E”) is conditioned to construct Cannon Road from El Camino Re; western boundary of Kelly Ranch Village “E”; and 6 7 8 WHEREAS, future development of the remaining portion of the Kelly Ranch projec 9 required to construct Cannon Road across the remaining portion of Kelly Ranch; and 10 WHEREAS, the Cannon Road West improvements are included within the fi 11 program for Bridge and Thoroughfare District No. 3; and 12 WHEREAS, City and Kelly Land Company desire to enter into an agreement 13 reimbursement of the current and future Cannon Road improvements required to SF needs of the Kelly Ranch development together with the additional improvements al northern half of Cannon Road ; and 14 I’ /I WHEREAS, the Engineer’s Fee Study Report prepared in conjunction with the fc 16 of Bridge and Thoroughfare District No. 3 states that the City Council may use th collected by the district to reimburse developers for the construction of work included w 17 -I8 cost estimate upon which the district fees were based; and 19 WHEREAS, the full width grading and two traffic lanes separated by a raised rn 20 modifications to the intersection of El Camino Real are reimbursable items of work 21 Cannon Road together with the north frontage improvements of Cannon Road 22 within the financing provisions of Bridge and Thoroughfare District No. 3. 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. That the above recitations are true and correct. Ill Ill Ill Ill f. r /I 0 e 1 2. That the reimbursement agreement by and between Kelly Land Company 2 3 City, dated December 9, 1998, is hereby approved and the Mayor is authorized to si agreement on behalf of the City. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 5 held on the 15th day of December , 1998 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, and Nygaard 6 7 NOES: None 8 9 10 11 12 ATTEST: 13 14 ALETHA L. RAuvfENKRA'NZ, City Clerk / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL)