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Home My WebLink AboutReso 1982-10872 RESOLUTION NO. 10872 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE'IWEEN THE CI'rY OF CHULA VISTA AND CHULA VISTA CITY SCHOOL DISTRICT, THE OTAY LNqD COMPANY FOR ACQUISITION OF EAST H STREET RIGHT OF WAY - CHULA VISTA CITY SCHOOL DISTRICT PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the Ci ty of Chula Vista does hereby resolve as follON's: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Chula Vista that that certain agreanent between THE CITY OF CHULA VISTA, a municipal corporation, and CHULA VISTA CITY SCHOOL DISTRICT and THE OTAY LAND COHPANY for acquisition of East H Street right of way - Chula Vista City School District Prooerty dated the 22nd day of Mav , 19~, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreanent for and on behalf of the City of Chula Vista. Presented by ( "' ~~...~ Approved as to form by ,~- ~ ~-'>- , George D. Lindberg, City Attorney George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY CHULA VISTA, CALIFORNIA, this 22nd day of 198_1-, by the following vote, to-wit: COUNCIL of the CITY OF May AYES: Councilnen Scott, Cox, Gi11ow, Moore, McCand1iss NAYES: Councilnen None ABSENT: Councilnen None ATT"T~/4- e uty City Cler v Mayor STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, " City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. 10872, and that the same has not been amended or repealed. DATECI---- City Clerk Form No. 342 Rev. 7/81 A G R E E MEN T THIS AGREEcIENT, is made and entered into among THE CHULA VISTA CITY SCHOOL DISTRICT, hereinafter referred to as "District"; THE OTAY LAND CO,lPANY, hereinafter referred to as "Developer"; and THE CITY OF CHULA VISTA, hereinafter referred to as "City"; WIT N E SSE T H : WHEREAS, the Chula Vista School District owns approxi- mately ten acres of land originally scheduled for development as a school site north of Telegraph Canyon Road within that area known as EI Rancho del Rey, and WHEREAS, as a result of the development of the specific plan for the planned community zone for EI Rancho del Rey as approved by the City of Chula Vista, said site has been bisected by the proposed right of way for the development of East H Street, and ,'/HEREAS, the necessity for the location of said right of way in such a manner traversing the proposed school site renders such site undesirable for such purposes, and WHEREAS, District now desires to acquire from Developer an alternative school site located within the El Rancho del Rey area which will contain an equivalent number of acres, be accessible by a collector road, and capable of equal ease of development because of similar grades, and vffiEREAS, Developer is willing to exchange such a site for the property presently owned by District at some appropriate location within the EI Rancho del Rey area, most probably located within the La Canada Sectional Planning Area, and WHEREAS, District desires to enter into such an exchange of properties provided that it is assured that the property which they would acquire as a result of such exchange, if not utilized as a school site, \vould be capable of deve lopment wi th the same number of residential units, approximately forty, as can be accommodated on the existing site, and ,'lHEREAS, if such an exchange can be agreed upon under the terms and conditions desired by District, District will forthwith dedicate to City the necessity right of way for the development of East H Street through the existing school district, and WHEREAS, City desires to obtain such dedication and as consideration therefor will guarantee to the District that in the event the site ultimately agreed upcn between District and Developer should not be used as a school site and District desires to secure the development of such property for residential purposes, that the developlnent plan or specific plan for the sectional planning area will authorize the development of at least forty dwelling units for said site. -1- R_loF7L NOW, THEREFORE, IT IS NUTUALLY AGREED by and between the parties as follows: 1. District hereby agrees to exchange with Developer that property presently owned by District located within the El Rancho del Rey area and bisected by the proposed East H Street right of way, more particularly described in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full, for an equivalent ten acre site within the El Rancho del Rey area, most probably to be located in the La Canada Section Planning Area adjacent to the proposed Ridgeback Road. 2. Developer agrees in exchange for the deed in fee simple of that certain property owned by District as described in Exhibit A to convey to District at some future date to be deter- mined by the status of development plans, but no later than the filing of the tentative map for the area in which an alternative school site may be located, a school site of approximately 10 acres, most probably within the La Canada Sectional Planning Area adjacent to Ridgeback Road. 3. Developer further agrees that the site to be offered to District shall have an equal quality of access provided by a collector road and equally capable of development by virtue of grades as that contained on the site presently owned by District and that Developer shall undertake such grading and filling as may be necessary to ach ieve such comparable developmental qual i ty. 4. District agrees to convey to City an offer of dedica- tion of the proposed East H Street right of way as shoym on Exhibit B, attached hereto and incorporated herein by reference as if set forth in full, prior to the conveyance of any interest in the existing school site property to Developer. 5. City agrees that as consideration for such dedication of the East H Street right of way, it will guarantee to District that in the event the site to be acqu i red is not used for school purposes that it may, in accordance with the specific plan or general development plan of the sectional planning area, be developed with at least forty residential units; provided, however, that if City does desire to reduce said number of units allowed that District shall be entitled to just compensation for any reduction in such development. 6. City further agrees that the adjustment of densities within the area which shall be acquired by District from Developer, undertaken in accordance with the authorization of the provisions of the planned community zone as contained in Chapter 19.48 of the Chula Vista Municipal Code, that there shall be no reduction in the presently authorized number of units for the balance of the sectional planning area owned by Developer and that appropriate modifications of such sectional planning areas shall be undertaken if necessary; provided, however, nothing contained herein shall limit the City in the appropriate exercise of its zoning authority for the amendment or modification of any portion of a planned community zone. 7. City further agrees that it will not approve any tentative map for Developer or his successors in interest in the area of the proposed alternative site to be granted pursuant to the terms and conditions of this agreement by Developer to District including necessary guarantees of grading and filling unless and until District notifies City that all such terms and contditions have been satisfied. -2- ~ ,lot'7~ I' i ) J- I _(,1 , "I , IN WITNESS \'lHEHEOF, the parties hereto have executed this agreement the day and year herein set forth below. Da ted : Dated: Da ted : ,j !f i' , , ~ J ( I tJ I I " A' I, I II I ~,,' !; 1:.,1. J' , p', , ,~I ,l i ,{ }l 1- 1- I,' {,' fl' i / /f-/tJP7L THE CITY OF CHULA VISTA Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by Ci ty Attorney THE CHULA VISTA CITY SCHOOL DISTRICT OTAY LAND COMPANY ,j / l ~ ., '~ ,I I ,f / ," , ) I -3- m,ANIMOUS CONSENT FOill1 IT IS HEREBY REQUESTED by the undersigned that the follo1iling item, with the unanimous consent of the City Council of the City of Chula Vista, be considered and acted upon by the Council pursuant to the provisions of Sec.2.04.090 of the Chula Vista City Code. Resolution - Approving Agreement with the Chula Vista Citv School District, the Otay Land Company and The City of Chula Vista for Acquisition of E. H St. Right of District Property Way - Chula.~t: School ~-~.( .. !~-> (Signature) Unanimous Consent of the City Sig~:ures:~ > J -~: ~. /L~(1~?/~J lJJ., \ I/IJ. /JOJl... --, Council, as indicated by the following ~e~ /( . . . -", ...- .--'- -<::..~ - -- .--1- I? /Z,JL) f< .~~~'v .. I' , f-loY/~ CA-30l