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HomeMy WebLinkAboutReso 2022-145 DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 RESOLUTION NO. 2022-145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING APPROXIMATELY 7,200 SQUARE FEET OF UNDEVELOPED,VACANT PROPERTY AT THE NORTHERN EDGE OF THE CITY-OWNED WEST LANDFILL SITE AS VACANT LAND UNDER THE SURPLUS LAND ACT (GOVERNMENT CODE 54220 ET. SEQ.) WHEREAS, the City of Chula Vista owns a 54-acre site north of Maxwell Road and South of Olympic Parkway; and WHEREAS, directly north of the site is the Sunbow site consisting of 136 acres of property proposed to be developed by Lennar Corporation as a residential subdivision; and WHEREAS, to develop the subdivision, Lennar Corporation desires to acquire an approximately 7,200 square foot piece of this property consisting of a 15-foot-wide strip measuring 480 feet in length at the northern edge of the 54-acre west landfill site; and WHEREAS, Lennar Corporation has indicated a desire to potentially purchase, construct, and maintain a buttress on this property that would support the adjacent slope upon which the residential slope will be located; and WHEREAS,the Surplus Land Act, Government Code sections 54220 et seq., applies when a local agency disposes of"surplus land," as that term is defined in Government Code Section 54221; and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill ("AB") 1486, which significantly amended the Surplus Land Act effective January 1, 2020, which among other things: included changing the previous long-standing definitions of"surplus land" and "exempt surplus land"; providing that property shall be declared either "surplus land" or "exempt surplus land"before a local agency may take any action dispose of it"; and WHEREAS, the subject property would fall within the definition of "surplus land" pursuant to Government Code section 54221, as amended by AB 1486; and WHEREAS, in order to pursue new potential uses for the subject property, including the disposition of the subject property through the sale or lease of the site; the City of Chula Vista must now comply with the Surplus Land Act, as amended by AB 1486; and WHEREAS, pursuant to the amended Surplus Land Act, City staff will send a written notice of availability of the subject site by electronic mail or by certified mail to all the entities identified in Government Code section 54222; and DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 Resolution No. 2022-145 Page No. 2 WHEREAS, subject to Government Code section 54227, if one of the entities/agencies desires to purchase or lease the property after having received notice, it must indicate its interest to do so within 60 days of receiving the City's notice; and the City and the entity/agency so responding to the notice may negotiate price and terms for the disposition of the property; and WHEREAS, pursuant to Government Code section 54223, in the event no agreement is reached between the City and any interested entity/agency after a good faith negotiation period of 90 days, the property may be disposed of without further regard to the Surplus Land Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that, for the purposes of compliance with the Surplus Land Act, the property consisting of approximately 7,200 square feet at the northern edge of the City-owned 54-acre west landfill site more particularly identified by the legal description provided as Exhibit A and plat provided as Exhibit B, which are attached hereto and incorporated herein, is declared surplus land. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it directs the City Manager or designee to facilitate the disposition of said property in accordance with the Surplus Land Act. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 Resolution No. 2022-145 Page No. 3 Presented by Approved as to form by DocuSigned by: DocuSigned by: E E V'tG �,V'bl,��` . 2FC559998BD74C4... CF406508504446F... Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of June 2022 by the following vote: AYES: Councilmembers: Cardenas, McCann, Padilla, and Cas]llas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Galvez DocuSigned by: "J..' 062BFD7C0386456... Mary Casillas Salas, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-145 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of June 2022. Executed this 14th day of June 2022. DocuSigned by: 30746104EAF342E... Kerry K. Bigelow, MMC, City Clerk ouousignEnvelope ID: oor2opor-9sra-4cAo-BEou-CArcuo6aas14 Attachment PART III SUBJECT SITE ANALYSIS Fee Acquisition Legal Description EXHIBIT ^'A', BEING A15.80FOOT WIDE STRIP OFLAND WITHIN THAT PORTION OFTHE SOUTHEAST QUARTER OFSECTION 18. TOWNSHIP 10SOUTH, RANGE 1WEST, SAN BERNARD|NO MER|D|AN, SHOWN AND DESCRIBED AS PARCEL"A"VFCERTIFICATE OFCOMPLIANCE RECORDED AUGUST 1O. 2016 AS DOCUMENT NO. 2018-0407987. OF OFFICIAL RECORDS, IN THE CITY 0FCHULAVISTA, COUNTY OFSAN D|EGO, STATE OF CALIFORNIA,THE NORTHERLY LINE OFSAID 15.V0FOOT WIDE STRIP UFLAND BEING MORE PARTICULARLY DESCRIBED AOFOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OFSAID PARCEL"A", SAID CORNER BEING ONTHE NORTHERLY BOUNDARY 0FSAID SOUTHEAST QUARTER OFSECTION 1V; THENCE ALONG SAID NORTHERLY BOUNDARY SOUTH 88^52'11^ EAST, 2O5.15FEET (RECORD SOUTH 8O^52'46^ EAST PER SAID CERTIFICATE 0FCOMPLIANCE)-TO THE TRUE POINT#FBEGINNING;THENCE CONTINUING SOUTH 8R^52'11^ EAST,480.00 FEETTVTHE POINT OFTERMINUS, "THERE HEREINABOVE DESCRIBED STRIP OFLAND CONTAINS 7.2O0SQUARE FEET, MORE OR LESS. LS8553 HUNSAKER&AS)e' CIATES SAN DIEGO, INC. OF CW-'�- PAGE1OF1 RM M:\2167\178\Legal Descriptions\AO3 ovmoss Appru/wmwp RasmusunAppraisal Services LennarAcquisitiun 21769 Page 26 ouousignEnvelope ID: oo72opor-9sra-4cAo-BEou-CArcuo6aas14 Exhibit B PART III SUBJECT SITE ANALYSIS Fee Acquisition Plat EXIII BIT 95B 99 SHEET I OF 1 805 OL�mplc SITE %k SCALE 1 100' 905 ESA FWY —15' �OT TO SCALE Lo 2D I F)—D4D7997 CO 00 co DO 15'— LEGE,ND BUTTRESS APPRAISAL POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING POT POINT OF TERMINUS RECORD DATA PER CERT. OF COMP RECORDED 811012016 AS DOC. No. 2016-0407997, O.R, POC NW COR. PARCEL "A" AN I 1L)NSAKER L.S.8553 L -y PMH(858)�SM58"ASW.FX(89)55&1414 DOUGLAS B. XROUP Z. FNKANN NG RasmusunAppraisal Services LennarAcquisitiun 21769 Page 27