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HomeMy WebLinkAboutReso 2004-286 RESOLUTION 2004-286 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXCHANGE OF REAL PROPERTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRED BORST, BORST F AMIL Y TRUST AND FASK LAND, INe. AUTHORIZING A .72-ACRE PARCEL OWNED BY THE CITY (APN NO. 644-040-]]) TO BE EXCHANGED FOR AN ASSIGNABLE IRREVOCABLE OFFER OF DEDICAT]ON FOR 7.62-ACRE PARCEL OWNED BY FRED BORST, BORST FAMILY TRUST, AND FASK LAND, INC. WHEREAS, in 200], the cities of San Diego and Chu]a Vista and the County of San Diego adopted a concept plan for the Otay Valley Regional Park; and WHEREAS, Fred Borst, Borst Fami]y Trust, and Fask Land, Inc. ("Borst") owns 7.62 acres located in the proposed Otay VaI]ey Regiona] Park; and WHEREAS, the 7.62 acre area includes sensitive habitat and will be preserved as open space consistent with the City's Genera] Plan and the Mu]tip]e Species Conservation Program Subarea Plan; and WHEREAS, the City of Chu]a Vista owns a .72-acre parcel that was formally the site of the City's Anima] Shelter and is within the Auto Park East Specific Plan area; and WHEREAS, an exchange of real property agreement between the City of Chula Vista and Borst has been prepared; and WHEREAS, the exchange of real property agreement authorizes the .72-acre parcel (APN 644-040-1]) to be exchanged for an assignable Irrevocable Offer of Dedication for 7.62 acres; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that this City Council does hereby approve the Exchange of Real Property Agreement between the City of Chula Vista and Fred Borst, Borst Family Trust, presented in substantially final form and subject to those minor modifications as determined to be in the best interest of the City and approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Exchange of Reàl Property Agreement with Fred Borst, Borst Family Trust for and on behalf of the City of Chula Vista. Resolution 2004-286 Page 2 Presented by Approved as to form by ~M'!.A- Community Deve]opment Director G--~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of August, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~ - ~ u. èL....J ~~ Þ ~ Susan Bigelow, MMC, Cit 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. 2004-286 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of August, 2004. Executed this 24th day of August, 2004. ~~I ~ð~ Susan Bigelow, MMC, City lerk - ~_. . ~~.