HomeMy WebLinkAbout2002-01-08; City Council; Resolution 2002-0045
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RESOLUTION NO. 2o02-oo4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LAND PURCHASE AGREEMENT FOR THE CONSTRUCTION OF WHITMAN WAY FOR THE KELLY RANCH CORE AREA. CT 97-16A.
WHEREAS, Kelly Land Company (KLC) is in the process of preparing a final map for the
Kelly Core Area, CT 97-16A; and,
7 II WHEREAS, the approved City Council Resolution Number 2001-165, requires that KLC
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WHEREAS, engineering conditions of approval were placed on the project which obligate
KLC to construct standard street improvements to Whitman Way, within the CT 97-16A property
boundary and off-site on property owned by the City of Cartsbad; and,
13 WHEREAS, the City views these on and off-site improvements as a benefit to the public,
14 and as such, agrees to the sale of City owned property to KLC to construct portions of Whitman
acquire off-site property owned in fee title by the City of Carlsbad to construct the project; and,
WHEREAS, KLC must acquire this real property from the City to be in conformance with
their tentative map; and,
Way; and,
WHEREAS, City and KLC staffs have prepared a Land Purchase Agreement to facilitate
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,7 this property transfer; and,
18 WHEREAS, the purchase price for the property is $240,000.00, plus or minus any
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prorations and adjustments as provided for in the Land Purchase Agreement; and,
WHEREAS, KLC is requesting that the City Council approve the Land Purchase
Agreement; and,
WHEREAS, KLC desires to begin construction of Whitman Way in 2002; and
WHEREAS, the acquisition of this real property was contemplated in the approval for the
23 Kelly Core Area, CT 97-16A, tentative map; and
24 WHEREAS, the relinquishment of this real property will result in approximately 0.468
25 acres of land being returned to the tax rolls and thereby benefit the public; and,
26 WHEREAS, the purchase price being paid to the City, which is based on the City’s
27 standard park-in-lieu fee and agreed to by KLC, is a benefit to the public.
28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1 1. That the above recitations are true and correct;
2 2. That the Land Purchase Agreement by and between Kelly Land Company and the
3 City of Carlsbad is hereby approved and the Mayor is authorized to sign said agreement on behalf
4 of the City;
3. That the Mayor is hereby requested and authorized to sign the deed relinquishing
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said real property on behalf of the City;
6 4. That the City Clerk is hereby directed to record the grant deed in the Office of the
7 County Recorder, San Diego, California;
8 5. From the date that the deed is executed by the Mayor this real property, acting as
g excess right of way, no longer constitutes public land.
10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Council
11 held on the 8th day of JANUARY ,200~ by the following vote, to wit:
12 AYES: Council Members Lewis, Finnila, Nygaard, Hall
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(SEAL)