Loading...
HomeMy WebLinkAbout2008-03-04; City Council; Resolution 2008-068EXHIBIT 2 1 RESOLUTION NO. 2008-068 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING THE ACCEPTANCE OF 3 CONSERVATION EASEMENTS FOR THE BILTMORE, FENTON RACEWAY. AND FOX-MILLER PROJECTS. 4 WHEREAS, the City of Carlsbad has approved environmental documents and 5 development permits for the Biltmore project, including Site Development Plan SDP 01-01(B) by 6 Planning Commission Resolution Number 5881; and 7 WHEREAS, Condition Number 15 of Planning Commission Resolution No 5881 8 requires the recordation of a Conservation Easement; and 9 WHEREAS, Ascent Biltmore Carlsbad, LLC, ("Grantor"), grants the Conservation Easement in favor of the CITY OF CARLSBAD, a California municipal corporation ("Grantee"); and12 WHEREAS, the City of Carlsbad has approved environmental documents and development permits for the Fenton Raceway project, also known as Carlsbad Raceway14 Business Park, including Tentative Tract Map CT 98-10 by Planning Commission Resolution Number 5028; and16 WHEREAS, Condition Number 16 of Planning Commission Resolution No 5028 requires the recordation of a Conservation Easement; andlo 19 WHEREAS, Fenton Raceway, LLC, ("Grantor"), grants the Conservation 20 Easement in favor of the CITY OF CARLSBAD, a California municipal corporation ("Grantee"); 21 and 22 WHEREAS, the City of Carlsbad has approved environmental documents and 2i development permits for the Fox-Miller project, including Habitat Management Plan Permit 24 HMPP 05-05 by Planning Commission Resolution Number 5939; and 25 WHEREAS, Condition Number 6 of Planning Commission Resolution No 5939 26 requires the recordation of a Conservation Easement; and 27 28 1 WHEREAS, Salk Owners Association, ("Grantor"), grants the Conservation 2 Easement in favor of the CITY OF CARLSBAD, a California municipal corporation ("Grantee"); 3 and 4 WHEREAS, the City of Carlsbad ("Grantee") is authorized to hold Conservation 5 Easements pursuant to California Civil Code Section 815.3. 6 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of 7 Carlsbad, California, as follows: 8 1. That the above recitations are true and correct. o 2. That the City Council hereby authorizes acceptance of the attached 10 Conservation Easements for the Biltmore, Fenton Raceway, and Fox-Miller development projects attached hereto as Exhibits 3, 4 and 5. 11 12 '" 13 '" 14 I" 15 '" 16 '" 17 "/ 18 /// 19 "/ 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of March, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. LEWIS, MaybT ATTEST: OD, City Clerk 0