HomeMy WebLinkAboutReso 1997-18853 RESOLUTION NO. 18853
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING PROPERTY TO BE SURPLUS, UNUSABLE
PUBLIC LAND, WAIVING THE FORMAL BIDDING REQUIREMENT,
AUTHORIZING THE SALE OF SAID PROPERTY TO DR. ROBERT
J. MATKOVICH, AND AUTHORIZING THE CITY CLERK TO
EXECUTE A GRANT DEED FOR THE LEGAL TRANSFER OF SAID
PROPERTY
WHEREAS, at its September 26, 1989 meeting, the City Council, at the request of
Rancho del Sur and Dr. Robert Matkovich, adopted Resolution No. 15323 approving an
adjustment to the boundary of Open Space District No. 18 which authorized an exchange of
a portion of "Old" Telegraph Canyon Road right-of-way for a triangular piece of property
adjacent to Telegraph Canyon Road and the open space area, subject to specific conditions;
and
WHEREAS, said land exchange did not occur because due to the passage of
Proposition 218, the exchange would have increased assessments requiring a vote of all
property owners within Open Space District No. 18, which is not practical or feasible; and
WHEREAS, Dr. Matkovich now wishes to purchase a 5,345 square feet strip of highly
disturbed open space land for 95,345 to facilitate the development of a medical office
building.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby rescind its prior action set forth in Resolution 15323 authorizing the exchange of open
space areas with the City.
BE IT FURTHER RESOLVED the City Council does hereby find that certain property,
generally known as a portion of Lot J of Chula Vista Tract 87-8 of Unit 4 as shown on Map
12063, to be surplus, unusable public land and does authorize the sale of said property to Dr.
Robert J. Matkovich for 95,345.
BE IT FURTHER RESOLVED that the formal bidding requirement set forth in Section
2.56.070 of the Chula Vista Municipal Code is impractical or impossible and is hereby waived
because (1) said strip of land is encumbered with easements for sewer and utilities and
potential uses of the land are limited; (2) Dr. Matkovich is the only potential buyer for the land
since it abuts only his property and it would not have benefit or use to anyone else and (3)
the highly disturbed nature of the land makes it generally unsuitable for open space use.
BE IT FURTHER RESOLVED that the City Council does hereby find that Council Policy
460-02 does not apply because the policy was adopted to provide the procedures and criteria
to be used to identify and sell City dedicated open space property for the specific purpose of
correcting grading deviations made at the time of subdivision development.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to execute a Grant
Deed approved as to form by the City Attorney for the legal transfer of said property.
Resolution 18853
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Presented by Approved as to form by
Resolution 18853
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of December, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Hotton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
Beverly ~.Aut~elet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18853 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 16th day of
December, 1997.
Executed this 16th day of December, 1997
Beverly ~/~.Autt~elet, City Clerk