HomeMy WebLinkAbout2009-01-27; City Council; Resolution 2009-0171 RESOLUTION NO. 2009-017
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE LAND
3 EXCHANGE WITH THE CARLSBAD UNIFIED SCHOOL
4 DISTRICT AT THE CITY SWIM COMPLEX
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WHEREAS, the Carlsbad Unified School CUSD (CUSD) is currently engaged in
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construction of the Carlsbad High School Modernization Project, which includes
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construction of a new stadium and other improvements on the Carlsbad High School8
9 campus; and
10 WHEREAS, the City of Carlsbad (City) is the owner of certain real property
11 located near the Carlsbad High School Campus in the City of Carlsbad, County of San
12 Diego, State of California, which is identified in Exhibit 2 (Parcel C); and
13 WHEREAS, the CUSD is the owner of adjacent property located on the Carlsbad
14 High School campus, in the City of Carlsbad, County of San Diego, State of California,
which is identified in Exhibit 2 (Parcels A and B); and
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WHEREAS, the CUSD desires to exchange the CUSD property for the City
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property and to construct its project on the reconfigured property that will result and
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shall be owned by CUSD once the CUSD exchange occurs; and
2Q WHEREAS, in consideration of the City's agreement to exchange the CUSD
21 property for the City property, the CUSD has agreed to provide for the replacement of
22 certain improvements located on the City property with improvements of like kind and
23 quality and to construction of fourteen (14) standard size paved parking spaces which
shall be constructed on the property that will be deeded to and shall be owned by the
25 City, prior to the exchange of the City property for the CUSD property; and
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WHEREAS, City is authorized to exchange real property pursuant to California
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Government Code Section 37350; and
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1 WHEREAS, on January 14, 2009, the Board of Trustees of the CUSD approved
2 a Resolution Authorizing the Exchange of property owned by the CUSD with property
3 owned by the City pursuant to the Agreement for Exchange of Real Property and
4 Construction of Improvements (Agreement); and
5 WHEREAS, the City and the CUSD desire to enter into this Agreement to set
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forth the Parties' mutual agreement and understanding regarding the exchange of
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properties described above and the completion of the replacement improvements prior
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to the property exchange;
10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
11 Carlsbad, California, as follows:
12 1. That the above recitations are true and correct.
13 2. That the Agreement is approved as set forth in Exhibit 5 of the Agenda Bill
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entitled Land Exchange with the Carlsbad Unified School District at the City
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Swim Complex
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of January, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
LORRA4NE M. WOOD, City ClerK
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