HomeMy WebLinkAbout2002-02-12; City Council; Resolution 2002-0511
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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) has recorded a final map for the Kelly Core Area,
CT 97-16A; and,
WHEREAS, the approved City Council Resolution Number 2001-165, requires that KLC
' 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,
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 Carlsbad; and,
11 WHEREAS, the City views these on and off-site improvements as a benefit to the public,
and as such, agrees to the sale of City owned property to KLC to construct portions of Whitman
Way; and,
WHEREAS, City and KLC staffs have prepared a Land Purchase Agreement to facilitate
this property transfer; and,
WHEREAS, the purchase price for the property is $240,000.00, plus or minus any
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
Kelly Core Area, CT 97-16A, tentative map; and
WHEREAS, the relinquishment of this real property will result in approximately 0.468 acres
of land being returned to the tax rolls and thereby benefit the public; and,
WHEREAS, the purchase price being paid to the City, which is based on the City's
standard park-in-lieu fee and agreed to by KLC, is a benefit to the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct;
2. That the Land Purchase Agreement by and between Kelly Land Company and the
City of Carlsbad is hereby approved and the Mayor is authorized to sign said agreement on behalf
of the City;
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3. That the Mayor is hereby requested and authorized to sign the deed relinquishing
said real property on behalf of the City;
4. That the City Clerk is hereby directed to record the grant deed in the Office of the
County Recorder, San Diego, California, after KLC has paid the purchase price and escrow has
closed in conformance with the provisions in the Land Purchase Agreement;
5. From the date that the deed is executed by the Mayor this real property, acting as
excess right of way, no longer constitutes public land.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
2 02 held on the 12th day of FEBRUARY , 280% by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Hall
NOES: None
ABSENT: Council Member N aard
(SEAL)