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HomeMy WebLinkAbout1997-02-11; City Council; Resolution 97-61- -P II 0 0 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 I RESOLUTION NO. 9 7 - 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PREPAYMENT AGREEMENT WITH UDC HOMES, INC. AND APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 94-1 1, MAR VISTA. WHEREAS, UDC Homes, Inc., a Delaware Corporation, has submitted a Final known as Carlsbad Tract No. 94-11 to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 94-11 with conditions, was app by the Planning Commission on January 3, 1996, pursuant to Resolution Number 3875; and WHEREAS, the City Engineer has determined that said map substantially conforr said conditionally approved revised vesting tentative map; and WHEREAS, the conditions of approval for said Final Map have been completc secured with the exception of Council approval of a financing program guaranteeing construction of certain portions of Poinsettia Lane and Aviara Parkway; and WHEREAS, the developer is requesting Council approval of an interim agreement er “Petition, Waiver and Consent to Creation of a Facility Impact Fee Program and Agreeme Pay Fair Share Cost of Aviara Parkway and Poinsettia Lane” whereby developer agrees tc the City $357,770 towards their fair share cost of the financing of Aviara Parkway and Poin: Lane and to waive their right to protest the establishment of a facility impact fee fol construction of Aviara Parkway and Poinsettia Lane; and WHEREAS, the developer has offered Drainage, Public Street, Public Utilities and ( Space easements for dedication to the City of Carisbad; and WHEREAS, the Final Map conforms to the City of Carlsbad General Plan an( requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Carisbad determined it to be in the p interest to approve said Final Map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Caris: California, as follows: ’. a 0 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. That the above recitations are true and correct. 2. That the Mayor is directed to sign the agreement entitled “Petition, Waive Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cc Aviara Parkway and Poinsettia Lane.” 3. That said Final Map known as Carlsbad Tract No. 94-11 from UDC Homes, which is on file with the City Engineer and is incorporated herein by reference, is accepted. 4. That the City accepts the dedications shown on the Final Map. 5. That the City Clerk is authorized to sign the Certificate of Acceptance on the Map. 6. That the City Clerk is authorized to cause the original Final Map to be recorded i Office of the County Recorder of San Diego County, State of California. 7. That the City Clerk is authorized to release the map to First American Title lnsur Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc held on the llth day of February , 1997 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin and Hall NOES: None ABSENT: Council Member Finnila ATTEST: A h g. 42- F ALETHA L. RAUTENKRANZ, City Clerk I (SEAL)