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HomeMy WebLinkAbout2008-04-08; City Council; Resolution 2008-1001 RESOLUTION NO. 2008-100 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CT 06-24, BRESSI RANCH VILLAGE CENTER, AND AUTHORIZING 4 THE CITY CLERK TO PROCESS THE FINAL MAP. 5 WHEREAS, LNR CPI Bressi Retail, LLC, has submitted a final map known as CT 06-24, 6 Bressi Ranch Village Center, to the City of Carlsbad for approval; and WHEREAS, the tentative map of CT 06-24 with conditions, was approved by Planning Commission on June 20, 2007, per PC Resolution No. 6311; and 8 WHEREAS, condition 33 of Planning Commission Resolution 6311 required a portion of g Town Garden Road be vacated; and 10 WHEREAS, the City Engineer has found that the portion of Town Garden Road to be 11 vacated pursuant to Condition No. 33 of Planning Commission Resolution No. 6311 serves a public purpose for access to the existing Bressi Ranch Community Park, for maintenance of existing public sewer, water and drainage facilities and for public access to the Bressi Village 13 Center project and, is recommending that Condition No. 33 be waived; and 14 WHEREAS, the City Engineer has determined that said map substantially conforms to 15 said conditionally approved tentative map; and 16 WHEREAS, in a prior Final Map, Map Number 14800, the developer relinquished 17 portions of access rights to Gateway Road and to Bressi Ranch Way; and WHEREAS, the relinquishment of these access rights are easements in the favor of the 18 City of Carlsbad; and 19 WHEREAS, the access rights have been changed in this Final Map; and 20 WHEREAS, the developer has requested that the City of Carlsbad abandon these 21 easements, as indicated on the final map, in accordance with Section 66499.20 Y2 of the 22 Subdivision Map Act; and WHEREAS, the conditions of approval for said final map have been completed or 23 secured, excepting there from Condition No. 33 of Planning Commission No. 6311 which the 24 City Engineer now recommends be waived; and 25 WHEREAS, the final map conforms to the City of Carlsbad General Plan and all 26 requirements of City Codes and Standards. 27 '" III 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 1. That the above recitations are true and correct.3 2. That the requirement to vacate a portion of Town Garden Road pursuant to 4 Condition No. 33 of Planning Commission Resolution No. 6311 be waived. 5 3. That said final map known as CT 06-24, Bressi Ranch Village Center, which is on 6 file with the City Engineer and is incorporated herein by reference, is accepted. 7 4. That the City hereby abandons those easements, as indicated on the final map, per Section 66499.201/2 of the Subdivision Map Act.8 5. That the City Clerk is authorized to sign the Certificate of Acceptance on the 9 final map. 10 6. That the City Clerk is authorized to cause the original final map to be recorded in 11 the Office of the County Recorder of San Diego County, State of California. 12 7. That the City Clerk is authorized to release the final map to Commonwealth Land Title Insurance Company for recording in the Office of the County Recorder. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th of April, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: TORTRAINE M. WOOD, City Clerk (SEAL)