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HomeMy WebLinkAbout1981-04-21; City Council; Resolution 65031 2 3 4 5 E 7 E s 1c 13 12 n a 1: 2( 2: 2: 2; 21 21 2( 2' 24 RESOLUTION NO. 6503 A FLESOLUTTON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DELAYING THE TIME AT WHICH SAN MARCOS CREEK PARK SHALL BE DEDICATED PURSUANT TO THE AGmEMENT BETWEEN LA COSTA LAND COMPANY AND THE CITY OF CARLSBAD APPROVED BY CITY COUNCIL RESOLUTION NO. 5286. WHEREAS, the City Council, of the City of Carlsbad, / has by Resolution rNo.5286 approved the parks agreement between the City of Carlsbad and the La Costa Land Company; and WHEREAS, Paragraph No. 4 of said Agreement provides: "As a condition of approval of final subdivision map for the subdivision of any part of the property within the boundaries marked "Area C", on Exhibit "B", attached hereto and made a part hereof, La Costa shall deed or dedicate to City, free of any liens and encumbrances, by appropriate instrument acceptable to City, the site designated on the revised Master Plan and shown on "Exhibit B", hereto as San Marcos Creek Park. Said park shall consist of 14.7 acres for which La Costa shall receive credit as herein provided equal to 10.7 acres computed according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code and this agreement." and WHEREAS, CT80-25 (Meadowbrook) and CT 80-9 (Hidden Meadows) have been or will be within a short period of time after the date of this resolution be submitted for final map approval; and WHEREAS, CT 80-25 and CT 80-9 are final subdivision maps for subdivisions within the area designated in Paragraph 4 of the parks agreement: and FJHEREAS, the City Council finds that it is desirable to allow the final map for CT 80-25 and CT 80-9 to be approved; and WHEREAS, the La Costa Land Company, or 2-t~ successor in interest, the Daon Corporation, are not prepared at this time to 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 dedicate the entire 14.7 acres of San Marcos Creek Park; and WHEREAS, the requirements of provision of park land or payment of fees in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code and the parks agreement between the La Costa Land Company and the City shall be complied with by the applicants for CT 80-25 and CT 80-9; NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the foregoing recitations are true and correct. 2. That the requirement under Paragraph 4 of the parks agreement to dedicate 14.7 acres known as San Marcos Creek Park shall not apply to the final subdivision maps for CT 80-25 and CT 80-9. 3. That this resolution shall not apply to any other subdivision in the area designated in Paragraph 4 of the parks agreement between the La Costa Land Company and the City of Carl sbad. 4. That this resolution shall not constitute or be considered a waiver of any of the Cityis rights under Paragraph 4 of the parks agreement between the La Costa Land Company and the City of Carlsbad. 5. That except as provided in Paragraph 2 above, nothing in this resolution shall relieve La Costa Land Company or its successors in interest from meeting its obligations under Paragraph 4 any other provision of the parks agreement. 6. That the requirement to provide park land or payment -2- 1( 1: 1: n 15 2c 27 22 22 24 25 26 27 28 of fees in lieu thereof pursuant t the provisions of Chapter 20.44 of the Carlsbad Municipal Code and the parks agreement for CT 80-25 and CT 80-9 shall be met either by the payment of park-in-lieu fees or from credit existing in favor of the La Costa Land Company for previously dedicated park land under such parks agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of , 1981, by the April the City Council on the21st following vote, to wit: day of AYES: Cotgicil Phibers Packard, Cask, hear, Lewis and Kulchin NOTES: None ABSENT: None ATTEST : (SEAL) -3-