HomeMy WebLinkAbout1981-10-06; City Council; Resolution 66912
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RESOLUTION NO. 66 9 1
A RESOLUTION 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 AGREEMENT BETWEEN
LA COSTA LAND COMPANY AND THE CITY OF WSBAD APPROVED BY CITY COUNCIL RESOLUTION NO. 5286
WHEFEAS, the City Council, of the City of Carlsbad, has by Resolution
io. 5286 approved the parks agreement between the City of Carlsbad and the La
Iosta 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 IIBtl, 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 "Ex- hibit B", hereto as San Marcos Creek Park. shall consist of 14.7 acres for which La Costa shall re- ceive credit as herein provided equal to 10.7 acres com- puted according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code and this agreement."
Said park
md
WWS, the City Council has previously adopted Resolution No. 6503
rhich waived the requirements of Paragraph 4 of the Parks Agreement for sub-
Livisions CT 80-25 and @r 80-9 and now desires to do the same for CT 79-25B
ind CT 81-12 despite the provisions of Paragraph 3 of Resolution 6503; and
WHEREAS, CT 80-25 (Meadowbrook), CT 80-9 (Hidden Meadows), CT 79-25B
)/leadow Crest) and CT. 81-12 (Meadowridge) have been or will be submitted within
. short period of time after the date of this resolution for final map approval;
nd
WHEREAS, CT 80-25, CT 80-9, CT 79-25B and CT 81-12 are final subdivi-
ion maps for subdivisions within the area designated in Paragraph 4 of the
'arks Agreement; and
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WHEREAS, the City Council finds that it is desirable to allow the
ha1 maps for CT 80-25, CT 80-9, CT 79-25B and @r 81-12 to be approved; and
WHEWAS, the La Costa Land Company, or its successor in interest, the
laon Corporation, are not prepared at this time to dedicate the entire 14.7
xres 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 com-
Jlied with by the applicants for CT 80-25, CT 80-9, CT 79-25B and CT 81-12;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Zarlsbad, California, as follows:
1.
2.
That the foregoing recitations are true and correct.
That the requirement under Paragraph 4 of the Parks Agreement to
ledicate 14.7 acres known as San Marcos Creek Park shall not apply to the final
mbdivision maps for CT 80-25, CT 80-9, CT 79-25B and CT 81-12.
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 Carlsbad.
4, That this resolution shall not constitute or be considered a
waiver of any of the City's 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 provisions of the
Parks Agreement.
6. That the requirement to provide park land or payment of fees in
lieu thereof pursuant to the provisions of Chapter 20,44 of the Carlsbad Mimici-
pal Code and the Parks Agreement for CT 80-25, CT 80-9, CT 79-25B and CT 81-12
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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 the City Council
3n the 6th day Of October , 1981, by the following vote, to wit:
A?%S:
NOES: None
ABSENT: None
Council Members Packard, Casler, Anear, Lewis and Kulchin
RONALD C. ACKARD Mayor MARY Is. &R, vice fiyor
;TEST:
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