HomeMy WebLinkAbout2001-04-24; City Council; Resolution 2001-132RESOLUTION NO. 2001-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~ CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING
EXECUTION OF QUITCLAIM DEEDS FOR PORTIONS OF
EXISTING OPEN SPACE EASEMENTS ORIGINALLY DEDICATED
TO THE CITY OF CARLSBAD AT AVIARA PHASE III UNIT 3.
WHEREAS, Aviara Serenata, LLC has submitted a request for quitclaims for portions of
6 existing open space easements originally dedicated to the City of Carlsbad over a portion of
7 Aviara Phase III Unit 3; and
8 WHEREAS, the open space is not par-t of the City designated open space, does not
9 contain any habitat, and was not required by the Coastal Commission; and
10 WHEREAS, the quitclaims are necessary to extend the rear yards of the residential lots
I I fronting Amante Court; and
12 WHEREAS, the rear yard extensions are needed to accommodate second story balconies;
13 and,
14 WHEREAS, the open space being quitclaimed will be replaced by the dedication of new
open space of an equivalent area; and
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WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to quitclaim said portions of easements;
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
l8 California, as follows:
19 1. That the above recitations are true and correct.
20 2. That the 5 quitclaim deeds quitclaiming portions of the existing open space
21 easements to the current property owners, which are on file in the City Clerkâs office and are
22 incorporated by this reference; are approved.
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3. That the Mayor is authorized to sign the original 5 Quitclaim Deeds and the City
Clerk is authorized to cause the original 5 Quitclaim Deeds to be recorded in the Office of the
County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 24th day of April , 2001 by the following vote, to wit:
AYES: Council Members Finnila, Nygaard and Hall.
NOES: None.
ABSENT: Council MembersLewis and Kulchin.
Jfliarfne Nygaardl Acting Mayor Pro Tern
D, City Clerk (SEAL)