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HomeMy WebLinkAbout1995-08-15; City Council; Resolution 95-234* 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 1 I 0 0 RESOLUTION NO. 95-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH D.R. HORTON SAN DIEGO NO. 15, INC., TO GUARANTEE FINANCIAL PARTICIPATION IN THE FUNDING OF CANNON ROAD WEST AND APPROVING A FINAL MAP FOR CARLSBAD TRACT 91-02, EAGLE CANYON WHEREAS, D.R. Horton San Diego No. 15, Inc., a California Corporation, has a final map known as Carlsbad Tract No. 91-02 to the City of Carlsbad for approval; WHEREAS, the Tentative Map of Carlsbad Tract No. CT 91-02 with condi recommended for approval by the Planning Commission on July 17, 1991 PI Resolution No. 3270; and WHEREAS, the Clty Council approved Planning Commission Resolution No. meeting of October 1, 1991 pursuant to Resolution No. 91 -325; and WHEREAS, the City Engineer has determined that said map substantially confo conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed with the exception of Council approval of a financing program guaranteeing the con Cannon Road West; and WHEREAS, the developer is requesting Council approval of an interim agreem "Petition, Waiver and Consent to Creation of a Facility Impact Fee Program and Agreer Fair Share Cost of Cannon Road West" whereby developer agrees to pay the C towards their fair share cost of the financing of Cannon Road West and to waive ti protest the establishment of a facility impact fee for the construction of Cannon Roac WHEREAS, the developer has offered public streets and public easements fo to the City of Carlsbad; and WHEREAS, the final map conforms to the City of Carlsbad General P requirements of City Codes and Standards; and ~ Ill . /I e a < 'L 1 WHEREAS, the City Council of the Crty of Carlsbad determined it to be in t 2 11 interest to approve said Final Map; 3 4 5 6 7 8 NOW, THEREFORE, BE IT RESOLVED by the Ci Council of the Ci of California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is directed to sign the agreement entitled "Petition, Waiver an' to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost ( 9 10 3. That said Final Map known as Carlsbad Tract 91-02 from D.R. Horton $ 1 1 No. 15, Inc., which is on file with the City Engineer and is incorporated herein by re: 12 accepted. 13 4. That the City accepts the dedications shown on the Final Map. 14 5. That the Crty Clerk is authorized to sign the Certificate of Acceptance on the 15 6. That the City Clerk is authorized to cause the original Final Map to be reco ' 6 17 Office of the County Recorder of San Diego County, State of California. 18 20 19 21 22 Road West. " 7. That the City Clerk is authorized to release the map to Chicago Title Company for recording in the office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 15th day of AUGUST , 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall 23 I1 NOES: None 24 25 ABSENT: None 26 27 lIL?&L/. * ATTEST: 28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL)