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Home My WebLink About2008/07/08 Item 3 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT 7/8/08, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR LOTS "GG" AND "M" OF SUBDIVISION MAP 14261 FOR PARK PURPOSES AND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY AND NNP-TRIMARK SAN MIGUEL RANCH, LLC FOR THE ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN MIGUEL RANCH PLANNING AREA OF THE CITY OF CHULA VISTA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATING $350,000 FROM THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMUNITY PARK" FOR PARK PROPERTY AC2~SITION PURPOSES DIRECTOR OF ENGINEERING ~ DIRECTOR PUBLIC W. O~!S {f~j CITY MANAGER /Q/JJ<.&- ASSISTANT CITY ~GER -=, r 4/5THS VOTE: YES i:8J NO D SUMMARY The proposed community park at San Miguel Ranch is located at Paseo Veracruz and Mount Miguel Road. Tonight's action will enable the City to purchase one additional acre to enlarge the park from 19.05 to 20.05 acres. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted San Miguel Ranch Final Environmental Impact Report (FSElR 97-02). Thus, no further environmental review or documentation is necessary. 3-1 I . .... , 7/8/08, Item_ Page 2 of 3 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Relationship to Community Facilities Purpose land use designation The Tentative Subdivision Map for San Miguel Ranch Chula Vista Tract 99-04 was approved by the City Council on February 29, 2000, pursuant to Resolution No. 2000-068, and included a 3.1 acre Community Purpose Facility ("CPF") Tentative Map Lot "M' located on the northeast side of the Mt. Miguel Road/Proctor Valley Road intersection (Lot 10 of the Final Map) and a 2.7 acre Tentative Map Lot "CP-B" (Lot 13 of the Final Map) to make up 5.8 acres in CPF lands. The CPF lot adjacent to the Community Park site (Lot 13) became a one acre lot with the approval of the final map for Chula Vista Tract No. 99-04, San Miguel Ranch, Phases I, 2, and 4, pursuant to Resolution No. 2001-259 on August 7, 2001. Tentative Map conditions for the project allowed for the City to purchase the I-acre CPF lot for inclusion in the San Miguel Ranch Master Park Plan. This plan has been approved and the park design plans are nearly complete. Tonight's action will provide for the purchase of the lot so that construction can commence. Irrevocable offers of Dedication The 19.05 acres of Community Park was offered to the City as a condition of development. Tonight's action includes an acceptance of two irrevocably offered lots for the park. The irrevocable offer to dedicate the parklands to the City was made on Subdivision Map 14261 in the offer to dedicate lots "GG" (2.068 acres) and Lot "M" (16.982 acres). The one-acre lot (APN 595- 031-10-00) to be purchased for $350,000 with tonight's action is lot 13 of Subdivision Map 14261 and its purchase will bring the total acreage of the community park to 20.05 Acres. Title / Appraisal The proposed sale of Lot 13 is based on an appraisal that valued the lot at $350,000. The City has been provided with title insurance to ensure that the City is provided fee title without encumbrances. Acquisition Funds The proposed park purchase is budgeted from the Park Acquisition portion of the Park Acquisition and Development Fee pursuant to Chula Vista Municipal Code Section 17.10. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the boundaries of the property that is the subject of this action. FISCAL IMP ACT There are sufficient acquisition fees collected in the PAD fund balance for the purchase of the one-acre lot for park purposes. Tonight's resolution will authorize utilizing those acquisition 3-2 I . 7/8/08, Item2 Page 3 of 3 funds by amending the Fiscal Year 2009 CIP Program budget and appropriating $350,000 from the available PAD fund balance to existing CIP PR260 for the transaction. There are future fiscal impacts to the City's General Fund due to the perpetual maintenance of the park. Acceptance of the park for City funded maintenance is anticipated to begin in the Fall of2010. ATTACHMENTS Exhibit A Location Map and Lot Layout Exhibit B Disclosure Statement Exhibit C Real Property Purchase Agreement Exhibit D Park Master Plan Graphic Prepared by: Tom Adler, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2008\07-08-081A113 SMR PARK v2.doc 3-3 I . Exhibit "A-I" Location Map I . Golf Course Easllake 3-4 Rolling Hills Ranch '" "' '" [;1 '" ~\ '" OIl ~ ~ ~ "ltll "" ~ PIli tJ5 I 0 Z CL <( ::1!: "r{fi!!J , ,1'11~' ~ ~, .' '\~.- ",,'F " .q~~ (- \t.",:~~;~"-' ~ ~ "";.o~~a l., '. 0 ~ .<:i \~ ~~. ~~~:;~~~ ,e.\~J<- "~~~::-~,. r.- f.~-___ ~_ ~ '3J... I ~~ /-, '(1)0 ~Jr>..:'N ~/J9WJi_- ,i~' ~ "O~ ~ &~. "'6~LI1;5{.;v tr ,t-~:\'-i $\ !IIV(' <~l:~-;~ , \:. 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'I! ~!. ~ ~!:{~ ;:r; ~~&'~ II ~;b'l-i- b ~ City of Cbula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofCbula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~t..-... ~~ 5)~~ W\c-\.Q~ CJ)~ ~"...,..,,,~ ( "'~~..~. \Y\-,.-..-- '3&,-,- L~~~ CQ.c.w-..,j~ \. - .. -- <;',. 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business ( corporation/partnership) entity. 3. If any person" identified pursuantto (I) above is a non-profit organization or trust, list tbe names ohny person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~\"t .~'-'- ~. \.\c..,l~ S. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ NO-A- 3-6 . - City of Cbul. Vista Disclosure Statement lfYes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of mor~an $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Not->.- Yes _lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.. of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc. ) Yes _ No:p..,.. If Yes, which official.. and what was the nature of item provided? Date: b- LA - ce., . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:\AttornC)'\fonns\disclosure stalement3-6-03 3-7 . - EXHIBIT ~ Escrow Company Escrow No. Title Order No. REAL PROPERTY PURCHASE AGREEMENT (Escrow Instructions) THIS REAL PROPERTY PURCHASE AGREEMENT ("Agreement") is entered into this _ day of June, 2008, by and between THE CITY OF CHULA VISTA, a cbartercity organized undertbe laws oflhe State of California ("City"), and NNP- TRIMARK SAN MIGUEL RANCH, LLC ("Seller"), (collectively "Parties") for purchase by City oftbe hereinafter described real property. WHEREAS, Seller has offered to sell to City said real property for $350,000; and WHEREAS, City desires to purchase fee title in and to Seller's real property as conunonly described as Lot 13 of Map 014261,Iocated in the City ofChula Vista, County of San Diego, State of Cali fomi a, and currently identified as San Diego County Assessors Parcel No. 595-031-10 ("Property"). NOW THEREFORE, the Parties agree as follows: 1. AGREEMENT TO SELL AND PURCHASE City agrees to purchase from Seller and Seller agrees to sell to City, upon the teqns and for the consideration set forth in this Agreement, fee title in and to the Property more particularly described in the legal description designated as Exhibit" A" and as more particularly shown on a Plat thereof designated as Exhibit "B", both of which are attached hereto and are incorporated herein by this reference. City's agreement to purchase the property is expressly contingent upon the adoption of a Resolution by the City Council of the City ofChula Vista authorizing the acquisition. The Parties hereto agree that the Property shall be conveyed in fee 10 the City clear of all encumbrances excepl agreements with the City, County of San Diego or other authorities or agencies, easements, assessments and districts of record. 2. PURCHASE PRICE The tolal purchase price payable on the terms set forth herein shall be the sum of Three Hundred Fifty Thousand Dollars ($350,000) ("Purchase Price") to be paid in the manner set forth below. 3. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Commonwealth Land Title Company ("Escrow Holder"), located at 750 "B" Street, Suite 2350, San Diego, California and deposit a fully executed copy of this Agreement no later than . City agrees to pay all usual and reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the escrow, upon demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow. 1 3-8 I _ This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than sixty (60) days after a fully executed copy of this Agreement, is deposited into escrow. The tenns closing and/or close of escrow as used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement City shall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the Purchase Price together with additional funds as set forth in said statement. Said deposit shall be made in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient time to allow for the timely close of escrow as set forth herein. City shall also execute and dep'osit into escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the timely close of escrow as set forth herein. Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the Property to City in sufficient time to allow for the timely close of escrow as set forth herein. Seller and City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner as set forth herein. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment. If City requests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed in favor of City, executed and acknowledged by Seller covering the Property, Escrow Holder shall cause to be issued and delivered to City at City's cost, a preliminary title report for City review. City shall have five (5) business days to review and approve said preliminary report. After City approval, Escrow Holder shall cause to be issued, as of the closing date and at City's cost, a CL T A standard coverage policy of title insurance, or upon City's request, an ALTA (Owner's) standard or extended coverage policy of title insurance (provided City complies with Escrow Holder's requirements for such coverage) ("Title Policy"), issued by Commonwealth Land Title, with liability in the amount of the Purchase Price, covering the Property and showing title vesting in City, free of all recorded and unrecorded, liens, encumbrances,leases and taxes except agreements with the City, County of San Diego or other authorities or agencies, easements, assessmentS and districts of record and: (a) All non-delinquent general and special real property taxes for the current fiscal year; (b) The standard printed exceptions and exclusions contained in the CL T A or AL T A form policy; (c) Public and Quasi-public utility, public alley, public street easements and rights of way of record; and 2 3-9 I _ Escrow Holder is authorized to and shall pay and charge City for any title insurance premium and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver the Grant Deed when City and Seller have fulfilled all conditions of the escrow and this Agreement. 4. RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to paragraph 3 herein and to its liability under any policy of title insurance issued in regard to this transaction. 5. CONVEYANCE OF INTEREST Seller agrees to convey by Grant Deed to City fee title in and to said Property as contemplated by this Agreement. 6. DEPOSIT OF FUNDS City agrees to deposit the Purchase Price of the Property as contemplated by this Agreement. 7. CONDITION OF PROPERTY/AS IS CITY ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRIITEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALl,)E, NATURE, QUALITY OR CONDmON OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY,{C) THE SillTABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH CITY MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANT ABILITY, MARKETABILITY , PROFITABILITY OR FITNESS FORA PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNE~ OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OR REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS ORREQUlREMENTS. CITY FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, CITY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. CITY FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. , I I , I 3 3-10 . . SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAlNlNG TO TIiB PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER. CITY FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF TIiBPROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS., "WHERE IS. AND, "WITH ALL FAULTS" CONDITION AND BASIS. City's Initials: 8. SELLER DEFAULT. IF THE SELLER DEFAULTS UNDER THE TERMS OF THE AGREEMENT, AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE DATE WHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM CITY (OR, IF EARLffiR, ON THE CLOSING DATE), CITY MAY, AS ITS SOLE AND EXCLUSIVE REMEDY, EITIiBR (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT SHALL BE RETURNED TO CITY, AND THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF CITY AND SELLER HEREUNDER SHALL TERMINATE OR (II) SPECIFICALLY ENFORCE SELLER'S OBLIGATIONS. Seller's Initial4--.A- City's Initials: i I I 9. REAL ESTATE COMMISSIONS No brokers or finders have been employed for a fee or are entitled to a commission or compensation in connection with this transaction. Each Party represents to the other that it has not had any contact, dealings or communications with a broker or finder in connection with the transaction contemplated by the Agreement or any other person who can claim a right to a commission or finder's fee. If any other broker, finder or other person makes a claim for commissions or finder's fee based upon any contract, dealing or communication with a Party, then such Party shall indemnify, defend and hold the other Party hannless from and against all damages, claims, losses and expenses, including attorneys' fees, arising out of the broker's, tinder's or other person's claim. 10. MISCELLANEOUS a. Legal Fees. In the event ofthe bringing of any action or suit by either Party against the other Party by reason of any breach of any ofthe covenants, conditions, agreements or provisions on the part of the other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other Party all reasonable costs and expenses of suit, including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the prevailing Party shall be entitled to recover all ofits costs and expenses ofthe action, including reasonable attorneys' fees), as determined by a court of competent jurisdiction. b. Time is of the Essence. Time is of the essence of each and every term, condition, obligation and provision of this Agreement. 4 3-11 I . c. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shaH constitute one and the same instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days. d. Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shaH be deemed severed from tbis Agreement, and the remaining parts of tbis Agreement shall remain in fuH force and effect, as fuHy as though such invalid, illegal or unenforceable portion had never been part of this Agreement. e. Governing Law. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with, and governed by, the laws ofthe State of California. IN WITNESS WHEREOF, the duly authorized representative of each Party has executed this Agreement. SELLER NNP-TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company BY:~~ \f,P, [print Na e and Title] I By: [print Name and Title] CITY CITY OF CHULA VISTA, a charter city organized under the laws ofthe State of California By: Cheryl Cox, Mayor I I I I I I' , Approved as to fonn by: Bart R. Miesfeld, Interim City Attorney J:\Altomcy\EL1SA,^OREEMENTS\Trimark SMR Real Property Purchase Agrccrneor. FinolJl6.2)..os.OOC 5 3-12 . - Exhibit D Park Master Plan '\1' 1/lfW5 TO 0rfN SPACE ~5nNG---.. 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" -.............-.....-"'.....-----.....-......--... 3-13 - RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR LOTS "GG" AND "M" OF SUBDIVISION MAP 14261 FOR PARK PURPOSES AND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY AND NNP- TRIMARK SAN MIGUEL RANCH, LLC FOR THE ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN MIGUEL RANCH PLANNING AREA OF THE CITY OF CHULA VISTA WHEREAS, on October 19, 1999, the City Council approved the Section Planning Area (SPA) Plan for San Miguel Ranch which required 5.8 net useable acres of Community Purpose Facilities (CPF) lands in compliance with Municipal Code section 19.48.025 in addition to the net acres proposed for the community park; and WHEREAS, the Tentative Subdivision Map for San Miguel Ranch Chula Vista Tract 99- 04 was approved by the City Council on February 29, 2000, pursuant to Resolution No. 2000- 068, and included a 3.1 acre CPF Lot "M" located on the northeast side of the Mt. Miguel Road/Proctor Valley Road intersection (Lot 10 of the Final Map) and a 2.7 acre Lot "CP-B" (Lot 13 ofthe Final Map) to make up the 5.8 acres in CPF lands; and WHEREAS, NNP-Trimark San Miguel Ranch, LLC (Developer) made an Irrevocable Offer of Dedication to the City for Lots "M" (16.98 acres) and "GG" (2.07 acres) ofChula Vista Tract No. 99-04, San Miguel Ranch Phases I, 2, & 4 "A" for public park purposes; and WHEREAS, pursuant to Government Code section 7050, the City may accept the Irrevocable Offer of Dedication at any time; and WHEREAS, on August 7, 2001, the City Council approved the Final Map ofChula Vista Tract No. 99-04, San Miguel Ranch, Phases I, 2, and 4, pursuant to Resolution No. 2001-259; and WHEREAS, pursuant to Resolution No. 2001-259, the City Council approved reducing the size ofCPF lot "CP-B" (Lot 13 ofthe Final Map) to one acre; and WHEREAS, pursuant to the Resolution No. 2001-259, the City Council acknowledged on behalf of the public, the Irrevocable Offers of Dedication for Lots "M" and "GG" for public park purposes; and WHEREAS, staff wishes to purchase the one-acre Lot 13 from Developer for a price of $350,000; and WHEREAS, staff wishes to accept the Irrevocable Offers of Dedication for Lots "M" and "GG" for public park purposes at this time. 3-14 . - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it accepts the Irrevocable Offers of Dedication for Lots "GG" and "M" of Subdivision Map No. 14261, and directs the City Clerk to record the acceptance. 2. That it approves the Real Property Purchase Agreement between the City and NNP- Trimark San Miguel Ranch, LLC for the acquisition of Lot 13 of Subdivision Map 14261 and authorizes the Mayor and City Clerk to execute all documents necessary to complete the purchase. Presented by Approved as to form by ~o. tL ~AI~ ~ Bart Miesfeld U Interim City Attorney Richard Hopkins Director of Engineering 1-1:\ENGINEER\RESOS\Resos2008\07-08-08\Trimark Park Pun::hase v2 revised by ec.doc 3-15 I _ RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATING $350,000 FROM THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMUNITY PARK" FOR PARK PROPERTY ACQUISITION PURPOSES WHEREAS, the Tentative Subdivision Map for San Miguel Ranch Chula Vista Tract 99- 04 was approved by the City Council on February 29, 2000, pursuant to Resolution No. 2000- 068, and included a 2.7 acre Lot "CP-B" (Lot 13 of the Final Map); and WHEREAS, on August 7, 2001, the City Council approved the Final Map ofChula Vista Tract No. 99-04, San Miguel Ranch, Phases 1,2, and 4, pursuant to Resolution No. 2001-259; and WHEREAS, pursuant to Resolution No. 2001-259, the City Council approved reducing the size ofCPF lot "CP-B" (Lot 13 of the Final Map) to one acre; and WHEREAS, staff wishes to purchase the one-acre Lot 13 from Developer for a price of $350,000 for park purposes; and WHEREAS, there are sufficient funds in the Park and Acquisition (PAD) fund balance for the purchase of the one-acre lot for park purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Fiscal Year 2008/2009 Capital Improvement Program budget and appropriates $350,000 from the available Park and Acquisition (PAD) fund balance to existing CIP PR260 "San Miguel Ranch Community Park" for park property acquisition purposes. Presented by Approved as to form by 'n-!'iLa (Z f;,~, ~ Bart Miesfeld t/ Interim City Attorney Richard Hopkins Director of Engineering H:\ENGINEER\RESOS\Resos2008\07-08-08\Trimark Park Purchase Approp vi ml revised by ec.doc 3-16 I .