HomeMy WebLinkAboutReso 2004-291
RESOLUTION NO. 2004-291
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACQUISITION OF
CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA FOR PUBLIC
PURPOSES; ACCEPTING THE DEED CONVEYING SUCH
PROPERTY TO THE CITY OF CHULA VISTA; AND MAKING
CERTAIN OTHER FINDINGS RELATED THERETO
WHEREAS, the City of Chula Vista ("City") is a California Municipal Corporation and
Charter City; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a
Community Redevelopment Agency organized and existing under the California Community
Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been
authorized to transact business and exercise the powers of a Redevelopment Agency pursuant to
action of the City Council of the City ofChula Vista ("City Council"); and
WHEREAS, the Agency previously acquired three parcels of real property for
redevelopment purposes pursuant to the CRL located at and within the Civic Center complex at
276 Fourth Avenue, Chula Vista, California, 91910 ("Property"); and
WHEREAS, pursuant to Govemment Code § 37350 the City may purchase, lease,
receive, hold, and enjoy real and personal property, and control and dispose of it for the common
benefit; and
WHEREAS, City desires to acquire the Property for public purposes in connection with
the City's 2004 Certificates of Participation (Civic Center Project - Phase I) ("2004 COPS")
("Project") and to pay Agency fair market price for such Property, in the value as appraised in
connection with the 2004 COPS ("Purchase Value"); and
WHEREAS, as a part of the implementation of the proposed Project the City initiated
negotiations with the Agency to acquire the Property and both entities have reached consensus
on the terms of the disposition of the Property by the Agency to the City for the Project,
including the Purchase Value and method of payment thereof; and
WHEREAS, the method of payment by City to Agency of the Purchase Value shall be
through credit by City in favor of Agency against certain outstanding debt owed by Agency to
City in the full amount of the Purchase Value; and
WHEREAS, the conveyance authorized by this resolution will be carried out by
quitclaim deed from the Agency, as grantor, and the City, as grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby resolve, find and determine:
Section 1.
The foregoing recitals are true and correct and a substantive part of this
resolution.
It is in the best interests ofthe City of Chula Vista to authorize acquisition
of the Property from the Agency for the Project.
Section 2.
Resolution 2004-291
Page 2
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Presented by
The acquisition of the Property by the City from the Agency is hereby
approved; provided however, nothing in this resolution shall be construed
to be an acceptance of any parcel or property into the City street system
pursuant to Streets & Highways Code § 1806.
City approves payment of the full amount of the Purchase Value for the
Property to Agency through credit by City in favor of Agency against
certain outstanding debt owed by Agency to City. Further, the City
Manager and his designee(s) are hereby authorized to evidence, document
(in form approved by City Attorney), and carry out City's payment of the
Purchase Value for the Property and to cause the credit of such payment in
favor of Agency.
The form of the conveyance by quitclaim deed is hereby approved and the
City Manager is authorized to cause to preparation of such deed in
cooperation with the Agency Executive Director, subject to approval of
the City Attorney and consistent with the authorizations herein.
The City Clerk is authorized to accept the deed (when in final form and
approved by the City Attorney) and to attest any implementing document
authorized by this resolution. The City Clerk is further authorized and
directed to cause the deed to be recorded in the Office of the Recorder of
the County of San Diego or, in the appropriate circumstance, deposited
into an escrow pertaining to the disposition of the Property.
The City Manager is authorized to execute and carry out the disposition,
payment, and credit of the Purchase Value as herein described, and to
execute and implement any other or further documents necessary to carry
out the disposition authorized by this resolution.
The City Clerk shall certify to the adoption of this resolution.
Approved as to form by
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M a Kachadoori
Finance Director
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Ann Moore
City Attorney
Resolution 2004-291
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of September, 2004, by the following vote:
AYES:
Councilmembers: Davis, McCann, Salas and Padilla
NAYS:
Councilmembers: None
ABSENT:
Councilmembers: None
ABSTENTIONS:
Councilmembers: Rindone
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ATTEST:
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Susan Bigelow, MMC, City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2004-291 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 September, 2004.
Executed this 14th day of September, 2004.
:: ~JJ~~~
Susan Bigelow, MMC, City lerk