HomeMy WebLinkAbout2008-03-04; City Council; Resolution 2008-068EXHIBIT 2
1 RESOLUTION NO. 2008-068
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA, APPROVING THE ACCEPTANCE OF
3 CONSERVATION EASEMENTS FOR THE BILTMORE, FENTON
RACEWAY. AND FOX-MILLER PROJECTS.
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WHEREAS, the City of Carlsbad has approved environmental documents and
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development permits for the Biltmore project, including Site Development Plan SDP 01-01(B) by
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Planning Commission Resolution Number 5881; and
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WHEREAS, Condition Number 15 of Planning Commission Resolution No 5881
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requires the recordation of a Conservation Easement; and
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WHEREAS, Ascent Biltmore Carlsbad, LLC, ("Grantor"), grants the Conservation
Easement in favor of the CITY OF CARLSBAD, a California municipal corporation ("Grantee");
and12
WHEREAS, the City of Carlsbad has approved environmental documents and
development permits for the Fenton Raceway project, also known as Carlsbad Raceway14
Business Park, including Tentative Tract Map CT 98-10 by Planning Commission Resolution
Number 5028; and16
WHEREAS, Condition Number 16 of Planning Commission Resolution No 5028
requires the recordation of a Conservation Easement; andlo
19 WHEREAS, Fenton Raceway, LLC, ("Grantor"), grants the Conservation
20 Easement in favor of the CITY OF CARLSBAD, a California municipal corporation ("Grantee");
21 and
22 WHEREAS, the City of Carlsbad has approved environmental documents and
2i development permits for the Fox-Miller project, including Habitat Management Plan Permit
24 HMPP 05-05 by Planning Commission Resolution Number 5939; and
25 WHEREAS, Condition Number 6 of Planning Commission Resolution No 5939
26 requires the recordation of a Conservation Easement; and
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1 WHEREAS, Salk Owners Association, ("Grantor"), grants the Conservation
2 Easement in favor of the CITY OF CARLSBAD, a California municipal corporation ("Grantee");
3 and
4 WHEREAS, the City of Carlsbad ("Grantee") is authorized to hold Conservation
5 Easements pursuant to California Civil Code Section 815.3.
6 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
7 Carlsbad, California, as follows:
8 1. That the above recitations are true and correct.
o 2. That the City Council hereby authorizes acceptance of the attached
10 Conservation Easements for the Biltmore, Fenton Raceway, and Fox-Miller development
projects attached hereto as Exhibits 3, 4 and 5.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 4th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
LEWIS, MaybT
ATTEST:
OD, City Clerk 0