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HomeMy WebLinkAboutRDA Reso 2004-1894 RESOLUTION NO. 1894 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE DISPOSITION OF CERTAIN REAL PROPERTY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 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 of Chula Vista ("City Council"); and WHEREAS, the City of Chula Vista ("City") is a California municipal corporation and charter city; and WHEREAS, the Agency previously acquired certain real property for redevelopment purposes pursuant to the CRL, which property is located at and within the Civic Center complex at 276 Fourth A venue, Chula Vista, California, 9] 9] 0 ("Property"); and WHEREAS, pursuant to Government 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 ]) ("2004 COPs") ("Project") and Agency desires to accept 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, Sections 33430 and 3343] of the CRL, authorize the Agency to convey the Property without public bidding after a duly noticed public hearing; and WHEREAS, a staff report generally describing the proposed disposition of the Property by the City to the Agency has been available for public inspection; and WHEREAS, the Agency duly noticed a public hearing on the proposed sale of the Property pursuant to Section 3343]; and WHEREAS, on September ]4, 2004 the Agency held a duly noticed public hearing on the proposed disposition of the Property at which time the Agency reviewed and evaluated all of the information, testimony and evidence presented during the public hearing; and ] Page 2 Resolution No. 1894 WHEREAS, the conveyance authorized by this resolution will be carried out by quitclaim deed from the Agency, as grantor, and the City, as grantee; and WHEREAS, all actions required by all applicable laws with respect to the proposed sale of the Property have been taken in an appropriate and timely manner; and WHEREAS, of even date with the Agency consideration and action of this Resolution the City Council will consider and taken action on its proposed acquisition of the Property from the Agency; and WHEREAS, the Agency has duly considered the proposed disposition of the Property and believes the sale is in the best interests of the community and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DOES RESOLVE, FIND, AND DETERMINE: Section 1. Resolution. The foregoing Recitals are true and correct and are a substantive part of this Section 2. The proposed disposition of the Property by the Agency to the City is approved. Section 3. Agency authorizes receipt of the full amount of the Purchase Value for the Property from City through credit by City in favor of Agency against certain outstanding debt owed by Agency to City. Further, the Agency Executive Director and his designee(s) are hereby authorized to evidence and document (in form approved by City Attorney) City's payment of the Purchase Value for the Property and to cause the credit of such payment in favor of Agency. Section 4. The form of the conveyance by quitclaim deed is hereby approved and the Agency Executive Director is authorized to cause to preparation of such deed in cooperation with the City Manager of City, subject to approval of the City Attorney and consistent with the authorizations herein. Section 5. The Agency Chairman is authorized to execute the quitclaim deed (when in final form and approved by the City Attorney), to execute and carry out the disposition, payment, and receipt 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 Agency Secretary is authorized to attest such deed and any other implementing documents, and is further authorized and directed to cause such 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. Section 6. The Agency Secretary shall certify to the adoption of this Resolution. Present d by Llì Approved as to form by Maria achadoorian Director of Finance ~~~ Ann Moore Agency Attorney 2 Page 3 Resolution No. 1894 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 14th day of September, 2004 by the following vote: AYES: Members Davis, McCann, Salas, Chair/Mayor Padilla NOES: None ABSENT: None ABSTENTIONS: Member Rindone @~ ATTEST: Stephe C. Padilla Chairman ~Mf!nP~ Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Laurie Madigan, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1894 and that the same has not been amended or repealed. Q~~~~ Laurie A. Madigan Executive Secretary Dated: September 14, 2004