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HomeMy WebLinkAboutReso 1995-17829 RESOLUTION NO. 17829 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RANCHO DEL REY SPA Ill AFFORDABLE HOUSING AGREEMENT WITH RANCHO DEL REY INVESTORS, L.P., AND A TRANSFER AGREEMENT WITH RESPECT TO 2.97 ACRES OF PROPERTY WITHIN SPA III PROPOSED FOR DEVELOPMENT INTO A 40 UNIT LOW INCOME HOUSING COMPLEX WHEREAS, pursuant to that certain Agreement Concerning Rancho Del Rey and Low- Moderate Income Housing, dated August 7, 1990, Rancho Del Rey Investors, L.P., a California limited partnership ("RDR"), as successor in interest to Rancho Del Rey Partnership, a California general partnership, is obligated to provide 23 low income housing units to the City in connection with its development of SPA III of the Rancho Del Rey master planned community (the "SPA III Affordable Housing Obligation"); and, WHEREAS, RDR has been negotiating with the City an agreement (the "SPA III Affordable Housing Agreement") which sets forth (1) the terms and conditions pursuant to which RDR may fulfill its SPA III Affordable Housing Obligation; (2) the security being provided to the City in order to secure such obligation; and (3) other terms and conditions relating to the continued development of SPA III and the potential creation and allocation of surplus "affordable housing credits" in the event RDR performs certain duties under such agreement; and, WHEREAS, one of the methods for RDR satisfying its SPA Ill Affordable Housing Obligation contemplated by the SPA III Affordable Housing Agreement is the donation, subject to certain terms and conditions, by RDR to the City of certain real property within SPA III, owned by RDR, comprised of an approximately 2.97 acre parcel, as more particularly described in Exhibit A attached hereto ("Site"), and the development of the Site by third parties into an affordable housing project (the "Project"); and, WHEREAS, the terms for the transfer of the Site by RDR to the City are more specifically set forth in that certain Rancho Del Rey Spa III Conveyance Agreement and Escrow Instructions between RDR and the City (the "RDR/City Transfer Agreement") being approved by the City concurrently herewith; and, WHEREAS, the terms and conditions for the transfer of the Site by the City to the proposed developers of the Project and the City and Agency's funding commitment to the Project, subject to certain terms and conditions, are being approved concurrently herewith. NOW, THEREFORE, the City Council of the City of Chula Vista hereby resolves as follows: Resolution No. 17829 Page 2 1. Recitals True and Correct. The City finds and determines the recitals set forth above are true and correct to the best of its knowledge. 2. A~roval of City/Conveyance Aareement and Escrow Instructions and the SPA III Affordable Housinq Aqreement. The City (a) approves the SPA Ill Affordable Housing Agreement and the RDR/City Conveyance Agreement and Escrow Instructions in substantially the form presented, with such minor modifications as may be required or approved by the City Attorney; and (b) authorizes the Mayor to execute same, the final form of such agreements to be kept on file with the City Clerk as known as document numbers C095-021 and CO95-022, respectively. 3. Directions to Staff. City staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. Presented by Approved as to form by Chrie Sa,omone Community Development Director Resolution No. 17829 Page 3 EXHIBI3F "A" J-12322E AFFORDABLE HOUSING SITE LOT 10 A parcel of lend being a portion of Lot 10 of Map No. 13176, In the CIty of Chula VIsta, on file in the Office of the County Recorder of San Diego County, State of California described 'as follows: Beginning at the Northeast comer of said Lot 10; thence South 17 = B 1 '06" East along the Easterly fine marsof 368.00 feet; thence leavlng said fine South 72=08'54· Wast 228.00 feet; thence North 80651'64" West .205.40 feet to the beginning of s tangent 228.00 foot radius curve conave Southwesterly; thence Northwesterly along the am of said curve through a central angle of 18=21 '21 · a distance of 73,04 bet; thence North 69613'15= West 18,54 feet to a point on the Westerly line of said Lot 10 and to the beginning of a non-tangent 270.00 foot radius curve concave Southeasterly, to which a radial fine beers North 63 · 16'08" West; thence along said Westerly line end the Northerly line the following courses: Northeasterly along the am of acid curve through a central angle of 00609'48" a distance of 0,77 feet; thence North 26=53'42" East 185.95 feat.to the beginning of e tangent 428.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central tangle of 16605'40" a distance of 120.23 feet thence South 78=47'18" East 187.68 feet: thence North 89"40'45" East 56.24 feet to the POINT OF BEGINNING. Containing 2.87 acres more or leas, Chris D. Clremele L.9. 6267 Exp. 12-31 Resolution No. 17829 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of March, 1995, by the following vote: YES: Councilmembers: Fox, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot S~"~irl~Horton, Mayor ATTEST: 'Beverl;/~.' ~'uthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, 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. 17829 was duly passed, approved, and adopted by the City Council at a Joint City Council/Redevelopment Agency meeting held on the 7th day of March 1995. Executed this 7th day of March, 1995. "" ....... T ............................. ·llT