HomeMy WebLinkAboutAgenda Statement 1977/01/04 Item 13CITY OF CHULA VISTA ITEM NO. 13
COUNCIL AGENDA STATEMENT
FOR MEETING OF: 1/4/77
ITEM TITLE: Resolution 8464:Declaring City's Intention to Vacate Industrial
Boulevard between K Street and L Street
SUBMITTED BY Director of Public Works/City Engineer /9j~~~/
ITEM EXPLANATION
On December 21, 1976, the Director of Public 6Vorks placed an item on the
City Council agenda declaring the City's intention to vacate Industrial
Boulevard between K Street and L Street. A motion was adopted by the City
Council which continued this item to the meeting of January 4, 1977. City
Council requested staff to consider four items which were raised by the
Council. The following is staff's response to these four items.
Item 1. The party requesting the street vacation, Gerald A1. Baker of Baker
Industries, is presently using the street right of way. Is the use of this
public right of way legal and is the property adjacent to the street right
of way appropriately zoned for this use?
As is the case with any City right of way, the use or misuse of the property
comes under the control of the Director of Public Works. The public right
of way is presently being used for the storage of several stacks of lumber.
Therefore, in response to the City Council's question, the present use of
the public right of way by the applicant is not legal. Use of the public
right of way requires that the applicant obtain an encroachment permit £rom
the City. To date the applicant has made no such request. The Director of
Public Works does have authority to request that the applicant remove his
materials and/or take appropriate action to have City forces remove the
materials. To date the Director of Public Works has not taken this action.
(continued on supplemental page 2)
t1lnICSIIJ HI IHI,ntU
Agreement Resolution X Ordinance Plat X Other X
Environmental Document: Attached Submitted on
STAFF RECOMMENDATION:
City Council adopt resolution setting January 25, 1977 at 7:00 P.M. in the
Council Chambers as the time and place for a public hearing.
BOARD/COMMISSION RECOMMENDATION
The Planning Commission recommended on November 8, 1976 the vacation of
Industrial Boulevard between K and L Street A p p g U V E D
COUNCIL ACTION by the
City Council
Oi
Chula Vi,~ta, California
y!i}n~ / ~I' - ~, Form A-113 (Re¢ 5-75)
Agenda Item No. 13
Supplemental page 2
The adjoining property to the west is zoned I-L-P and presently has three
trailers stored on the site. Storage is allowed in the I-L zone; however,
it must be enclosed within a solid fence and, in addition, on this parti-
cular piece of property a precise plan would have to be submitted and
approved prior to any use of the site. Because of the elevation of L Street
bridge, the site can only be screened from the freeway and portions of L
Street, and therefore, would not constitute a good storage location if
the City Council wishes to enhance this entryway to the City.
Item 2. There is a clouded title, which may mean that there i.s a possi-
bility that the City may have an interest or ownership in the property.
If this is so, rather than giving it away, the City should protect the
taxpayer's interest and sell the property.
Engineering staff contacted Title Insurance and Trust Company. The cost
of a £ull title search is $408.50. The engineer-of-work for Balser
Industries, who is Phillips-Reynolds and Associates, obtained a full title
search on August 5, 1976. To paraphrase that title search, Title Insurance
and Trust says the title to said estate or interest in the public right
of way of Industrial Boulevard is vested in the City of Chula Vista, if it
be judicially determined that the fee title £or the land was conveyed to
the City by a certain recorded deed. The title companv further states
that if it be judicially determined that only an easement was conveyed by
said deed, then title for the westerly one-half of Industrial Boulevard
would be vested in Lumber Purveyors, Inc. and Baker Enterprises, a
partnership, and title to the easterly one-half of Industrial Boulevard
would be vested in San Diego Lands, Inc., a dissolved corporation.
According to the title company, all o£ the information is available and
the resolution of the problem is dependent upon court proceedings and the
interpretation of that information. That is why they are unwilling to
indicate clear ownership at this time.
The action of vacating Industrial Boulevard does not jeopardize any of the
City's interest in the public right of way. If the City is indeed fee
owner or it is judicially determined that the City is the underlying fee
owner, the City would remain as the underlying fee owner upon vacation of
the right of way and would have the right to sell the vacated right of way
at its full market value. If it is judicially determined that the City
is underlying fee owner, it would be appropriate prior to the sale of the
public right of way to have the property appraised to determine its full
market value. Engineering staff, however, does not feel that it is
necessary to have the right of way appraised prior to Council action
vacating the right of way.
If the City is not underlying fee owner and was only granted a road
easement, then the City would have no interest in the public right of way
upon vacation and the right of way would become the property of other
parties having underlying fee interest, which is indicated by Title
Insurance and Trust, as Lumber Purveyors, Inc. and Baker Enterprises, a
partnership for the westerly one-half and San Diego Lands, Inc., a dis-
solved corporation for the easterly one-half of Industrial Boulevard.
Item 3. The Planning Commission will be studying the zoning of this entire
area.
Agenda Item No. 13
Supplemental page 3
The Planning Department indicates that there is no study currently being
conducted for this area.
Item 4. The entrance from the freeway onto L Street is unsightly and
perhaps some fencing should be done in the area to provide a more
aesthetically pleasing appearance.
This item indicates that the present use represents an unsightly entrance
to the City and asks whether controls can be exerted to clean it up. As
stated in Item 1, the City ordinance requires fencing and approval of a
precise plan prior to any "official" use of the property. The magnitude
of the present storage did not seem sufficient to warrant citing the owner
for violation. Ode have received no complaints but we were aware of the
storage use. If the City Council wishes to have corrective action taken,
the Planning Department and Public Works Department will take appropriate
action to notify the property owner of the violation, have unsightly
materials removed, or have the applicant submit a precise plan and request
for an encroachment permit.
Attached is a copy of the Agenda Statement £or the meeting of December 21,
1976 which states the findings and other background related to the street
vacation.
A transparency is available for Council viewing.
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DATE
L1/1V R/1 107(_'
r ~ T ~ E STREET VACATION -
INDUSTRIAL BLVD, "K" TO "La
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