HomeMy WebLinkAboutReso 2004-412
RESOLUTION NO. 2004-412
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A RESTRICTIVE COVENANT
AGREEMENT BETWEEN THE BORST FAMILY TRUST,
FASK LAND INC., AND THE CITY OF CHULA VISTA, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS the Borst Family Trust and Fask Land Inc. ("Property Owners") are the sole
owners in fee simple of approximately 78.56 acres of real property in the County of San Diego,
identified as Assessor Parcel Numbers ("APN") 644-040-64, 644-040-65, and 644-040-67, and
645-010-08 ("the Property"), and more particularly described in Exhibits "A" and "B" to the
Restrictive Covenant Agreement ("Agreement") on file with the City Clerk; and
WHEREAS, Property Owners intend to permanently relinquish all rights to develop the
Property, excepting the eastern most 8.2I-acre section of APN 644-040-67, which is more
particularly identified as "Parcel A" on Exhibit "B" to the Agreement, on file with the City
Clerk; and
WHEREAS, the purpose of the Agreement is to restrict in perpetuity the use of the
Property to ensure its natural habitat and open space and conservation values consistent with the
Otay Valley Regional Park Concept Plan as may be amended from time to time; and
WHEREAS, pursuant to Government Code section 7050, the Property Owners have
executed an assignable Irrevocable Offer to Dedicate ("IOD") approximately 70 acres of the
Property to the City of Chula Vista; and
WHEREAS, the City of Chula does not accept title to any of the Property at this time,
however, the City hereby consents to the recordation of the IOD.
NOW THEREFORE BE IT RESOLVED that the City Council of the City Of Chula
Vista does hereby approve the Restrictive Covenant Agreement on file with the City Clerk; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for, and on the behalf of the City of Chula
Vista.
Presented By
Approved as to form by
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James D. Sandoval
Planning and Building Director
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Ann Moore
City Attorney
Resolution 2004-412
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of December, 2004, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
~ÆfR-
ATTEST:
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Susan Bigelow, MMC, City Clerk
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. 2004-412 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 December, 2004.
Executed this 14th day of December, 2004.
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Susan Bigelow, MMC, City Cl