HomeMy WebLinkAbout1997-06-03; City Council; Resolution 97-478- 0
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RESOLUTION NO. 97-478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 92-03(A) AVIARA PHASE Ill - UNIT 1
WHEREAS, Aviara Land Associates, L.P., has submitted a Final Map knom
Carlsbad Tract No. 92-03(A) to the City of Carlsbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. 92-03(A) with conditions,
approved by City Council on August 13, 1996, pursuant to Resolution Number 96-273; and
WHEREAS, the City Engineer has determined that said map substantially conforl
said conditionally approved tentative map; and
WHEREAS, the conditions of approval for said Final Map have been completl
secured; and
WHEREAS, the developer has offered public street and public easements for dedi(
to the City of Carlsbad; and
WHEREAS, the Final Map conforms to the City of Carlsbad General Plan at
requirements of City Codes and Standards; and
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WHEREAS, the City Council of the City of Carlsbad determined it to be in the 1
interest to approve said Final Map; and
WHEREAS, the developer is requesting Council approval of an interim agree
entitled “Petition, Waiver and Consent to Creation of a Facility Impact Fee Progran
Agreement to Pay Fair Share Cost of Aviara Parkway and Poinsettia Lane” whereby dew
agrees to construct a major segment of Poinsettia Lane and to waive their right to prote
establishment of a facility impact fee for the construction of Aviara Parkway and Poir
Lane; and
WHEREAS, the developer is required to exchange a portion of the land with
subdivision with an equal portion of the land of Aviara Park; and
Exhibit 3
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WHEREAS, in order to effect the exchange of lands, grant deeds need to be exel
and
WHEREAS, the developer has executed the deed granting to the City the land
added to the park site; and
WHEREAS, the exchange of land changes the original legal description of the
Agreement between the City of Carlsbad and Aviara Land Associates Limited Partnershi
the plat illustrating the legal description for the park site;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl
California, as follows:
1. That the above recitations are true and correct.
2. That said Final Map known as Carlsbad Tract No. 92-03(A), which is on file wit
City Engineer and is incorporated herein by reference, is accepted.
3. That the City accepts the dedications shown on the Final Map.
4. That the City Clerk is authorized to sign the Certificate of Acceptance on the
l6 11 Map.
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5. That the City Clerk is authorized to cause the original Final Map to be recorc
the Office of the County Recorder of San Diego County, State of California.
6. That the City Clerk is authorized to release the map to First American Title lnsu
Company for recording in the Office of the County Recorder.
22 II 7. That the Mayor is directed to sign the agreement entitled “Petition, Waive
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24 Parkway and Poinsettia Lane.”
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Aviara Park site. 27
Limited Partnership, a Delaware Limited Partnership, a portion of the real property with’ 26
8. That the Mayor is directed to sign the Grant Deed granting Aviara Land Assoc
9. The City Clerk is authorized to replace Exhibit “A‘ of the Parks Agreement bei
d 0 e
’ ii the City of Carlsbad and Aviara Land Associates Limited Partnership and to replace tht
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illustrating the legal description for the park site.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
Council held on the 3rd day of June , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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