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Res 05-014 RESOLUTION NO. 05- 014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR CERTAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH OLD COACH GOLF ESTATES TTM 89-13R AND HERITAGE RANCH ESTATES TTM 98-02 WHEREAS, Northpoint Development, Inc. has requested the City process a Reimbursement Agreement (Agreement) to recover the cost of certain public improvements associated with the development of Old Coach Golf Estates TTM 89-13R (TTM 89-13R) and Heritage Ranch Estates TTM 98-02 (TTM 98-02); and WHEREAS, TTM 89-13R and TIM 98-02, collectively referred to as the "Subdivisions", were approved by the City Council per Resolution Nos. P-90-91 and P-00-59, respectively, on November 27,1990, and August 1, 2000; and WHEREAS, the Subdivisions were conditioned to construct, among other things, public water and sewer improvements and appurtenances (Public Improvements) to service the development; and WHEREAS, said Public Improvements were designed to accommodate more than the needs of the Subdivision; and WHEREAS, the construction of these Public Improvements has opened up the potential of other various properties adjacent to the Subdivisions to be much more economically developable, in that no one-parcel owner will be shouldering the cost of construction of the improvements; and WHEREAS, it is just and fair that the cost of said Public Improvements shall be borne by all who benefit from it; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway as follows: 1. Approve the Reimbursement Agreement for Certain Public Improvements in Conjunction with Old Coach Golf Estates TTM 89-13R and Heritage Ranch Estates TTM 98-02. 2. Authorize the Mayor to execute the Reimbursement Agreement. 3. Direct the City Clerk to record the Reimbursement Agreement in the office of the San Diego County Recorder. Resolution No. 05- 014 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 1st day of March 2005. ATTEST: ;J]~ ~ L. Diane Shea, City Clerk - STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. 05- 014 , was duly adopted by the City Council at a meeting of said City Council held on the 1 st day of March 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~oeb~!p",- City of Poway