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HomeMy WebLinkAboutReso 204-02 DubRanG H2ImpactFee RESOLUTION NO. 204 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACKNOWLEDGEMENT OF USE OF EASTERN DUBLIN PUBLIC FACILITY IMPACT FEE CREDITS FOR FINAL TRACT MAP 7327 DUBLIN RANCH AREA G, NEIGHBORHOOD H-2) WHEREAS, pursuant to the Development Agreements (D.A.s) recorded as Series Nos. 2002- 222537, 2002-222538, 2002-222539 and 2002-222540, all on May 17, 2002 entered into for Dublin Ranch Area G (Tracts 7324, 7325, 7326 and 7327 subdivisions), the developer (Toll-Dublin, LLC) can utilize the credits granted to the Lin Family according to the Master Development Agreement between the Lin Family and the City recorded as Series No. 99-251790 on July 8, 1999 against the applicable portions of the City's Public Facility Fee relating to Community Park Land; and WHEREAS, in accordance with the City's Public Facility Fee Guidelines, DR Acquisitions II, LLC, can transfer 4.188 acres of neighborhood parkland credits (portion of Parcel 7 of Tract 7148 Recorded as Series No. 2001-057355 on February 14, 2001 in Book 257, Pages 3-7) to Toll-Dublin, LLC for use against the applicable portions of the City's Fee relating to Neighborhood Park Land; and WHEREAS, an "Authorization to Use Eastern Dublin Public Facility Impact Fee Credits" Agreement has been executed between the Lin Family and Toll-Dublin, LLC as approved by the City Manager to allow the use of Lin Family credits by Toll-Dublin, LLC to the extent that such credits are available; and WHEREAS, said Agreement authorizes Lin Family to transfer 9.772 acres of Community Parkland credits granted by the Lin Family Master Development Agreement and 4.188 acres of Neighborhood Parkland credits to Toll-Dublin, LLC for use in the referenced four subdivisions. The authorization shall remain in full force and effect unless revoked in writing by Toll-Dublin, LLC or the Lin Family in writing upon receipt by the City. NOW, THEREFORE, BE IT RESOLVED that the City acknowledges receipt of the credits against payment of the Community Parkland and Neighborhood Parkland portion of the fee for the referenced subdivisions. PASSED, APPROVED AND ADOPTED this 5th day of November, 2002. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None K:Z/G/, 1-5-02/res~-73~7~lCani~doCc (~tlt~m 4.8; G:\CC-MTGS~2002-qtr 4~qOV~l 1-5-02~xeso-7327parldand.doc