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CC Resolution 9140 RESOLUTION NO. 9140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE MAINTENANCE AGREEMENT WITH SUMMERFIELD VILLAGE LIMITED PARTNERSHIP FOR MAINTENANCE OF THE PATHWAY ADJACENT TO 1522 MC COY AVENUE WHEREAS, on May 16, 1995, the City Council approved a Tentative Tract Map for creation of seventeen lots, including sixteen new single family lots and one lot for the existing church; and WHEREAS, on December 5, 1995, the City Council approved the Final Map, accepted dedications and authorized the Mayor to execute a street improvement agreement per Resolution 8819; and WHEREAS, said Final Map recorded on June 26, 1996; and WHEREAS, Summerfield Village Partnership presently owns Tract No. 8761, except Lot 16 as recorded in Book 673 of Maps, Pages 33 and 34 of Official Records, Santa Clara County, California; and WHEREAS, Owner has dedicated to the City of Campbell Lot A, an easement in Lot 12 of said Tract for pedestrians, bicycles, non-motorized vehicles, and related purposes, as described on said Tract Map; and WHEREAS, the Owner has agreed to construct landscape and maintain said pedestrian easement for a period of three years to satisfy Condition of Approval No. 28 of City Council Resolution No. 8819; and WHEREAS, the Owner has also dedicated to public use an easement for Summerfield Drive, as shown on said Tract No. 8761 and as required in said Resolution No. 8819; and WHEREAS, in lieu of hardscape as required in said Resolution No. 8819, Conditions of Approval 12i, the Owner has proposed to install and maintain trees, shrubs, and irrigation improvements; and WHEREAS, the City has accepted said Lot A and the easement for Summerfield Drive; and WHEREAS, the pedestrian pathway and planter strip landscape improvements will benefit the Owner and the City; and WHEREAS, the Agreement and maintenance specifications have been prepared and are acceptable to both parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Maintenance Agreement is hereby approved, the Public Works Director is authorized to execute this Agreement. . PASSED AND ADOPTED this 7th day of October, 1996, by the following roll call vote: NOES: COUNCILMEMBERS: Burr, Conant, Watson, Furtado, Dougherty COUNCILMEMBERS: None AYES: ABSENT: COUNCILMEMBERS: None AT.T~st: /~~ A~NEBYBEE,CTYCLERK