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Res 88-115RESOLUTION NO. 88-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE SALE OF CERTAIN REAL PROPERTY PURSUANT TO AN AGREEMENT OF PURCHASE AND SALE BETWEEN THE POWAY REDEVELOPMENT AGENCY AND MCMILLIN COMMUNITIES WHEREAS, the Poway Redevelopment Agency is authorized to conduct redevelop- ment activities within the Paguay Project Area {"Project Area"}, which activi- ties include the acquisition and conveyance of real property for private development; and WHEREAS, the Agency desires to enter into an Agreement of Purchase and Sale ("Agreement"} with McMillin Communities {"Developer") substantially in the form approved hereby and on file in the City Clerk's Office, which Agreement provides for the conveyance of certain real property located in the Project Area, which real property is more particularly described in the Agreement, from the Agency to the Developer for the development of an 17.8+ acre, 26 lot residential sub- division {TTM 87-05); and - WHEREAS, the Agency and the City Council of the City of Poway {"City Council"} have conducted a duly noticed joint public hearing regarding the Agreement in accordance with California Health and Safety Sections 33431 and 33433; and WHEREAS, a copy of the Agreement and the summary setting forth the matters required by California Health and Safety Code Section 33433 have been made available for public inspection and copying. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows: Section 1: The City Council finds and determines, based upon the testimony and information presented during the public hearing with respect to the Agreement, that the consideration for the real property to be conveyed to the Developer by the Agency pursuant to the Agreement is the fair market value thereof determined at the highest use permitted under the Redevelopment Plan for the Project Area. Section 2: The City Council hereby approves the sale of the real property referred to in the recitals hereinabove to the Developer pursuant to the terms and provisions of the Agreement and hereby approves all of the terms and provi- sions of the Agreement. PASSED, ADOPTED AND APPROVED, by the C~Council of the City of Poway, California, at a regular meeting thereof ~Tls/4th day of October, 1988. Carl R. ~ru~e, Deputy-Mayor ATTEST: Marjorie K~. Wahlsten, City Clerk 6/R/VALLEXt~ Resolution No. 88-115 Page 2 STATE OF CALIFORNIA ) ) SS, COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 88-115 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of October 1988, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: EMERY BRANNON, HIGGINSON, KRUSE, TARZY Marjorie . Wahlsten, Clerk City of~P~Lay City