Res 89-061RESOLUTION NO. 89-061
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING THE REVISED FIRST AMENDMENT TO A PROPERTY EXCHANGE AGREEMENT
BETWEEN THE POWAY REDEVELOPMENT AGENCY, THE CITY OF POWAY,
AND POWAY UNIFIED SCHOOL DISTRICT
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 amend a Property Exchange Agreement (the
"Agreement"} with the City of Poway {"City"} and Poway Unified School District
{"District") substantially in the form approved hereby and on file in the City
Clerk's Office, which Agreement provides for the conveyance of certain real pro-
perty located within and without the Project Area, which real property is more
particularly described in the Agreement, from the Agency to the District; 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 First
Amendment ("Amendment") to the Agreement in accordance with California Health
and Safety Sections 33431 and 33433; and
WHEREAS, a copy of the Amendment 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: Resolution No. 89-006 is replaced in its entirety.
Section 2: 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
District by the Agency pursuant to the Agreement constitutes the fair market
value thereof determined at the highest use permitted under the Redevelopment
Plan for the Project Area based upon the Covenants and Restrictions established
by the Agreement.
Section 3: The City Council hereby approves the exchange of the real pro-
perty referred to in the recitals hereinabove to the District pursuant to the
terms and provisions of the Agreement and hereby approves all of the terms and
provisions of the Agreement.
Resolution No. 89-~1
Page 2
PASSED, ADOPTED AND APPROVED, by the Cit~uncil of the City of Poway,
Californla, at a regular meeting thereof this ~i ~y of May, 1989.
Carl-R. Kruse, Ma~I~l'
ATTEST:
Marjorie(K~ Wahlsten, City er
STATE OF CALIFORNIA )
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. 89- 061 was duly
adopted by the City Council at a meeting of said City Council held on the 2nd
day of May, 1989, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorle~K. Wahlsten, ' y erk
City ofk._~way
(6/R/PUSDg&9.1)