HomeMy WebLinkAboutAgenda Statement 1972/12/05 Item 14Item No. 14
December 5, 1972
CHULA VISTA CITY COUNCIL MEETING OF: December 5, 1972
AGENDA 'ITEM NOo [l 4]
ITEM TITLE: Resolution - Authorizing Expenditure of Funds for the Acquisiti
of School Property on Otay Valley Road for Animal Shelter Site
INITIATED BY: Director of Public Works/City Engineer ~~
BACKGRrnrlvn
The City Council, at its meeting of May 9, 1972, approved the proposed
location of a new animal shelter facility on Otay Valley Road. This site
had previously been reviewed and approved by the Police Department. Sub-
sequently a report was forwarded to the City Manager's office, estimating
the fair market value for the 1 acre parcel as being within the range of
$7500 to $13,536. The report recommended that an offer to purchase in the
amount of $7,500 be submitted to the owner, the Chula Vista City School
District.
During negotiations between the City Manager's office and District for this
parcel, a question arose as to ability of the District to transfer clear
title to the site. The deed to the site contains the following provision:
"This deed is made wholly on condition, and to remain in force
only so long as said described tract is used directly for school
purposes, to wit: the actual bonafide maintenance of a Public
School thereon for the general benefit and accommodation of the
District and neighborhood.
That said tract is inalienable, and cannot be used for other
than public school purposes, and this instrument is given and
accepted solely upon these conditions, and upon its ceasing to
be so used, that then without further proceedings this grant
shall become null and the tract revert to the grantors herein."
The City by letter subsequently offered $7,500 for the site and the School
District acknowledged its willingness in writing to provide a quit claim
deed for a $7,500. It should be noted that a quit claim deed would
simply release whatever interest the District holds in the site.
(continued on supplemental shee
ATTACHED: Resolution [~ Ordinance [ ] Agreement [ ] Plat [ ]
See EXHIBITS ~] No~ '
Financial Statement:.
Authorize the expenditure of $8,000 from Capital Improvement Program
Project P-1-71, Animal Shelter; $7500 to be paid to the School District
and $500 to cover incidental expenses such as title insurance, recording
fees, escrow fees and other expenses incidental to the transaction.
Commission-Board Recommendation:
N.A.
Department Head Recommendation:
It is recommended that the City purchase the District's interest in the
property for $7,500 and concurrently initiate such actions as are
reasonably necessary to culminate in acquisition of clear title to the
site.
City Manager Recommendation: Recommend adoption of resolution. It is noted
that staff is awaiting a new proposal from the County in relation to per-
forming certain limited services to the City in this operational area. Be-
fore staff proceeds further in implementation, we will forward to Council
a report of the product of the discussions with County staff.
~~~ ~~
BACKGROUND: (continued)
The District is not necessarily in position to transfer clear title
to the property. Consequently, it will be the responsibility of the
City to attempt to gain clear title. Such process could involve
further payment to heirs or other persons holding interest in the
property.
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