HomeMy WebLinkAbout2007 CC RESO 2007-277 CDCRESOLUTION NO. 2007 — 277
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF
A PARCEL OF PROPERTY FROM THE SAN DIEGO AND ARIZONA
EASTERN (SD&AE) RAILROAD/METROPOLITAN TRANSIT SYSTEM (MTS)
TO COMPLETE THE LAND ASSEMBLAGE FOR THE MARINA GATEWAY PROJECT;
AUTHORIZING THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT,
MUTUAL RELEASE OF ALL CLAIMS, AND ESCROW INSTRUCTIONS
WITH SD&AE/MTS; AND AUTHORIZING THE CHAIRMAN TO EXECUTE
A CERTIFICATE OF ACCEPTANCE FOR SAID PROPERTY
WHEREAS, several years ago the Community Development Commission of the
City of National City (`CDC") acquired the land on which the Marina Gateway Project (the
"Project") will be constructed. Recently, while preparing the documents for transfer of the land
to the Marina Gateway Development Corporation (the "Developer"), staff discovered that there
were remnants of land that had not been included in the original acquisition, because the title
company failed to identify these remnants and earmark them for acquisition; and
WHEREAS, one of those remnants, a parcel of land 23,574 square feet in area,
is claimed to be owned by the SD&AE Railroad, a public benefits corporation whose sole
member is the Metropolitan Transit System (MTS); and
WHEREAS, in order to complete the assemblage of land for the Project, it has
been proposed that the property be quitclaimed by MTS to the CDC, then conveyed to the
Developer as part of the sale of the conveyance of the entire redevelopment site, with the
purchase price being paid out of escrow from the funds deposited by the Developers; and
WHEREAS, the MTS Board has approved the quitclaim of the property to the
CDC for $12 per square feet, plus reimbursement of the attorney's fees incurred by MTS during
a title dispute over the property.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the purchase of a 23,574 square foot
parcel of land from SD&AE Railroad/MTS, for the purchase price of $282,888, plus attorney's
fees of $10,275.
BE IT FURTHER RESOLVED that the deed for said parcel shall be placed in
escrow, and sold to the Developer as part of the sale of the entire redevelopment site, with the
purchase price being paid out of escrow funds deposited by the Developer.
BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute
a Settlement Agreement, Mutual Release of Claims, and Escrow Instructions with SD&AE
Railroad/MTS.
BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute
a Certificate of Acceptance for said property.
-- Signature Page to Follow --
Resolution No. 2007-277
December 18, 2007
Page 2
PASSED and ADOPTED this 18th day of Decem • -.. 2007.
ATTEST:
Brad Ra retary
APPROVED AS TO FORM:
illr
George H. Eiser, III
Legal Counsel
on Morrison, Chairman
Passed and adopted by the Community Development Commission of the City of
National City, Califomia, on December 18, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Commissioner Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, om <.evelopment Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-277 of the Community Development Commission of the City
of National City, California, passed and adopted on December 18, 2007.
Secretary, Community Development Commission
By:
Deputy