HomeMy WebLinkAbout2003-02-18; City Council; Resolution 2003-0501
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F K4ir Off 2
RESOLUTION NO. 2003-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LAND TRANSFER AGREEMENT WITH
CARLSBAD UNIFIED SCHOOL DISTRICT AND CALAVERA HILLS II,
LLC FOR ACQUISITION OF REAL PROPERTY INTERESTS NEEDED
FOR THE CONSTRUCTION OF COLLEGE BOULEVARD,
CANNON ROAD AND DRAINAGE DETENTION BASIN BJB.
WHEREAS, Calavera Hills II, LLC (“Developer”) has received approvals for the Calavera
Hills Phase II development, and is presently under construction; and
WHEREAS, approved City Council Resolution Number 2002-016, for LFMP 87-07(A) and
CT 00-02 requires that Developer acquire off-site property owned by Carlsbad Unified School
District (“CUSD”), in order to construct portions of College Boulevard Reaches B and C,
and Cannon Road Reach 3, and Drainage Detention Basin BJB; and
WHEREAS, Developer must acquire rights to this real property to build out their
development plan; and
WHEREAS, engineering conditions of approval were placed on the project which obligate
Developer to construct these offsite improvements; and
WHEREAS, the City views these on and off-site improvements as a benefit to the public,
and as such, agrees to accept the property from CUSD as stipulated in a Land Transfer
Agreement between the City, CUSD, and Calavera Hills II, LLC; and
WHEREAS, the purchase price for the property is $295,000, to be funded by Developer as
provided for in the Land Transfer Agreement; and
WHEREAS, Developer and CUSD are requesting that the City Council approve the
Land Transfer Agreement; and
WHEREAS, Developer desires to begin construction on this segment of the roadways and
detention basin immediately; and
WHEREAS, the acquisition of this real property was contemplated in the environmental
approval for the Calavera Hills Phase II, CT 00-02, master tentative map and LFMP 87-07(A)
Amendment; and
WHEREAS, the purchase price being paid has been agreed to by the developer and
CUSD.
Ill
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
=alifornia, as follows:
1. That the above recitations are true and correct;
2. That the Land Transfer Agreement by and between CUSD, Calavera Hills II, LLC
and the City of Carlsbad is hereby approved and the Mayor is authorized to sign said agreement
In behalf of the City;
3. That upon receipt of the signed and notarized deeds from CUSD, the City Clerk is
authorized to record the deeds with the County Recorder on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 18th day of FEBRUARY , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None /?
4TTEST
(SEAL)