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2011-34 RESOLUTION NO. 11- 34 llliw A RESOLUTION OF THE CITY COUNCIL OF THE OF THE CITY OF GRAND TERRACE APPROVING THE CONVEYANCE OF APPROXIMATELY 3,767 SQUARE FEET OF REAL PROPERTY TO ROBERT HA AND JAMIE KIM WHEREAS, on December 18, 2008, the Planning Commission adopted Resolution No. 2008-03 finding that the vacation of a portion of Britton Way, measuring 14,386 square feet, associated with the Barton Plaza commercial project, is consistent with the General Plan; and WHEREAS, on January 13, 2009, the City Council adopted a Resolution of Intent, Resolution No. 2009-01, declaring its intention to vacate that portion of Britton Way, associated with the Barton Plaza commercial project; and WHEREAS, on February 10, 2009, the City Council adopted Resolution No. 2009-03, vacating said portion of Britton Way; and WHEREAS, the Barton Plaza commercial project entails the development of a 39,500 square foot commercial center on 3.6 acres and encompasses the 14,386 square feet of vacated Britton Way , and WHEREAS, upon vacation of said portion of Britton Way, the underlying land reverted to the ownership of the developer of the Barton Plaza project, except for approximately 3,767 square feet, legally described on Exhibit A and depicted on Exhibit B, of the underlying land which reverted to the ownership of the City of Grand Terrace, and WHEREAS, said 3,767 square feet was granted to the City of Grand Terrace on January 15, 2003, via recordation of a grant deed, in conformance with conditions of approval associated with Site and Architectural Review 02-02 for public right-of-way purposes, and WHEREAS, Government Code Section 66477.5 provides that when real property is dedicated in fee for a public purpose and the local agency determines that the public purpose for which the property was dedicated no longer exists; the public agency shall reconvey the property back to the subdivider or the successor in interest. WHEREAS, the 3,767 square feet is proposed to be granted back to the current land owners, Robert Ha and Jamie Kim; and WHEREAS, on November 17, 2011, the Planning Commission conducted a public meeting and, pursuant to Government Code Section 65402, adopted a resolution by a L vote of 5-0 finding that the disposition of said real property to be in conformance with the General Plan Page 1 of 2 NOW THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS 1. The City Council hereby finds that aforementioned 3,767 square feet of property was conveyed and dedicated to the City of Grand Terrace on January 15, 2003 for the public purpose of creating a right-of-way and that said public purpose for which the property was dedicated and conveyed no longer exists: 2. Further the City Council finds that Robert Ha and Jamie Kim are the successor in interest to said real property and current owners of the adjacent property; and 3. The City Council hereby approves the conveyance of said 3,767 square feet of real property to Robert Ha and Jamie Kim and authorizes the City Manager to execute a quitclaim deed to convey said real property in substantially the form attached hereto. PASSED AND ADOPTED by the CitM Council of the City of Grand Terrace, California, at a regular meeting held on the 13 of December, 2011. ATTEST: Tracey Ma 'n Walt Stanc iewitz City Clerk Mayor I TRACEY R. MARTINEZ, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of December, 2011 by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays, Mayor Pro Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None Approved a to City Attorney City Clerk �r Page 2 of 2