HomeMy WebLinkAbout2003-01-14; City Council; Resolution 2003-0041
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RESOLUTION NO. 2003-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE A RESCISSION OF THE AGREEMENT TO NEGOTIATE
ACCESS EASEMENTS FROM CARLSBAD TRACT 97-01.
WHEREAS, on June 2, 1998, the City Council approved Resolution No. 98-155 approving
the final map, Carlsbad Tract 97-01 (CT 97-01), Rancho Carrillo Village H; and
WHEREAS, said resolution also authorized the Mayor to execute the "Agreement to
Negotiate Access Easements" on behalf of the City; and
WHEREAS, condition of approval number 61 of CT 97-01 required the developer,
Continental Ranch, Inc., aka Continental Residential, Inc., to enter into said Agreement; and
WHEREAS, said Agreement was required to ensure ingress and egress to potential
development on the adjoining property, Bressi Ranch; and
WHEREAS, on July 9, 2002, the City Council approved Resolution No. 2002-205
approving Master Plan (MP) 178 and General Plan Amendment (GPA) 98-03 for Bressi Ranch;
and
WHEREAS, MP 178 and GPA 98-03 designated the land adjacent to CT 97-01 as open
space; and
WHEREAS, said open space does not allow development needing ingress and
egress; and
WHEREAS, the "Agreement to Negotiate Access Easements" is no longer needed; and
WHEREAS, Article 1I.B. of said Agreement allows the Agreement to be rescinded in
writing; and
WHEREAS, a rescission of the Agreement has been prepared by City staff, and signed by
Continental Residential, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute the rescission to the "Agreement to
Negotiate Access Easements" on behalf of the City.
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3. That the City Clerk is authorized to cause the rescission to the "Agreement to
Negotiate Access Easements" to be recorded in the office of the County Recorder of San Diego
County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 14th day of JANUARY , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
ATTEST:
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Page 2 of 2 of Resolution No. 2003-004
(SEAL)