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HomeMy WebLinkAbout2004-11-02; City Council; Resolution 2004-3501 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RES0 LU TI 0 N NO. 2004-350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENT FOR WAIVER AND CONSENT TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, APPROVING THE FINAL MAP FOR AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR RECORDATION. CARLSBAD TRACT 98-10, CARLSBAD RACEWAY, AND WHEREAS, Fenton Raceway, LLC, a California Limited Liability Company has submitted a final map known as CT 98-10, Carlsbad Raceway, to the City of Carlsbad for approval; and WHEREAS, the tentative map of CT 98-10 with conditions, was approved by Planning Commission on October 17, 2001 per PC Resolution No. 5028; and WHEREAS, the tentative map of CT 98-1 0 with conditions, was extended by Planning Commission on February 18,2004 per PC Resolution No. 5567; and WHEREAS, the City Council considered the developers’ proposal for compliance with the requirements to provide a financial guarantee for the construction of Faraday Avenue and Melrose Drive; and WHEREAS, the City Council finds that the developers’ proposal for compliance with the conditions of approval for the approved tentative map is acceptable; and WHEREAS, in compliance with the conditions of approval for CT 98-1 0, the City Council finds the appropriate environmental permissions for the construction of Faraday Avenue extension have been obtained; and WHEREAS, the Waiver and Consent Agreement is approved in concept, subject to City Attorney review and modification; and WHEREAS, in recognition of the above, the Public Works Director has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed or secured; and WHEREAS, the developer has offered public easements for dedication to the City of Carlsbad; and WHEREAS, the final map conforms to the City of Carlsbad General Plan and all requirements of City codes and standards; and 3 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 WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said final map, 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 said final map known as Carlsbad Tract CT 98-1 0, Carlsbad Raceway, which is on file with the Public Works Director and is incorporated herein by reference, is accepted subject to final approval of the Waiver and Consent Agreement. 3. That the form of the Waiver and Consent Agreement is approved subject to the City Attorney’s final approval of the appropriate wording. 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 5. That the City accepts the dedications as shown on the final map. 6. That the City Clerk is authorized to cause the original final map and agreement to be recorded in the 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 Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 2nd day Of November , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. ATTEST , MAINE p. WOOD, City Clerk (SEAL)