HomeMy WebLinkAboutr10403approvalofarealpropertyexchangeagreement&environmentalindemnityagreementwithhasloRESOLUTION NO . 10403 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISP O
APPROVING A REAL PROPERTY EXCHANGE AGREEMENT AND AN
ENVIRONMENTAL INDEMNITY AGREEMENT WITH TH E
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO (HASLO )
WHEREAS,The City of San Luis Obispo is a charter city as defined in the Californi a
Constitution article XI, section 5 and may transfer real property as provided by City Charte r
Section 906 ; and
WHEREAS,the City Council made certain findings concerning the disposition o f
surplus property (a portion of Assessor's Parcel No . 004-951-009), as prescribed in Resolutio n
No . 10066 (2009 Series); and
WHEREAS,the City no longer has need for the surplus property, and the disposition o f
the surplus property to facilitate an affordable housing development is consistent with th e
policies of the Land Use and Housing Elements of the General Plan ; an d
WHEREAS,the surplus government land is being made available for the purpose o f
providing affordable housing pursuant to Section 54220 of the California Government Code ; an d
WHEREAS,in exchange for acquisition of the surplus property, HASLO has agreed t o
dedicate easements for a future cul-de-sac at the terminus of Francis Avenue and for a futur e
pedestrian crossing over the railroad tracks ; and
WHEREAS,the Parties recognize that there is a risk that the City property bein g
transferred herein is impacted by underground soil contamination resulting from past, present, an d
future railroad operations ; and
WHEREAS,the City wishes to be released from any claims, liabilities and obligation s
associated with the physical or environmental condition of the surplus property ; and
WHEREAS,HASLO agrees to accept all risks, liabilities and obligations arising from or
relating to the physical and environmental condition of the surplus property .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows :
SECTION 1 .The Real Property Exchange Agreement is hereby approved .
SECTION 2 .The Environmental Indemnity Agreement is hereby approved .
SECTION 3 .The City Council hereby authorizes the City Manager to execute sai d
agreements on behalf of the Council of the City of San Luis Obispo .
R 10403
Resolution No . 10403 (2012 Series )
Page 2
SECTION 4.The City Council hereby authorizes the Mayor and City staff to take actio n
necessary to carry out the intent of this resolution .
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and o n
the following roll call vote :
AYES :Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Marx
NOES :None
ABSENT : None
The foregoing resolution was adopted this 16 th day of October 2012 .
ATTEST :