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Home My WebLink AboutAgenda Statement 1986/05/27 Item 9a,b COUNCIL AGENDA STATEMENT Item 9 Meeting Date 5/27/86 ITEM TITLE: a) Resolution /a1 2f� Accepting, naming and dedicating easement for street purposes on "D" Street between Second Avenue and Minot Avenue b) Resolution Approving settlement agreement and release of claims in regard to deferral agreement on property at 172 "D" Street i SUBMITTED BY: Director of Public Works/City Engineer . REVIEWED BY: City Manager � i ,) (4/5ths Vote: Yes No X ) RECOMMENDATION: That City Council : 1 . Accept, name and dedicate easement for street purposes adjacent to 172 "D" Street and direct the City Clerk to have it recorded at the County Recorder's office. 2. Approve settlement agreement and release claims (lien) for property located at 172 "D" Street. Authorize the Mayor to execute said agreement and direct the City Clerk to have it recorded. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The City, by Resolution 6554 adopted August 8, 1972 (copy attached), authorized the deferral of the installation of certain public improvements on the property owned by Daniel H. and Linda C. Josephson located at 172 "D" Street in the City of Chula Vista. On April 10, 1985, the Planning Commission authorized the Chairman to give written notice to Daniel H. & Linda C. Josephson to install their deferred public improvements. Subsequently, a letter was sent from the Chairman to the Josephson's calling up the deferral . When the deferral was called up, there arose a differance of opinions between the Josephson's and the City on the amount they would pay. The City contended that the Josephson' s were liable and responsible for the total cost of said improvements. The Josephson' s contended that the cost of said improvements were limited to the sum as stipulated in the lien agreement, $1 ,900. Josephson further contended that the City had never acquired easement rights to take Josephson's property for the purposes of making and installing the improvements. The settlement agreement accomplishes the following: Page 2, Item 9 Meeting Date 5/27/86 1 . The Josephson's agree to execute an easement to the City for street purposes adjacent to their property at 172 "D" Street. 2. The Josephson's agree to pay the City the sum of $5,000, which constitutes their complete obligations in regard to the deferral agreement approved by the City per Resolution 6554. Staff has reviewed this proposed settlement and believes it to be quite equitable. The Josephson's have already provided the City with a check for $5,000 and these funds have been deposited in the appropriate Gas Tax Fund account for reimbursement for the cost of constructing their improvements. FISCAL IMPACT: None File No. AX078 WPC 2077E %a/° ' ChuI3 Vlta Ciff "1s Dated a COUNCIL AGENDA STATEMENT Item 9 Meeting Date 5/27/86 ITEM TITLE: a) Resolution Accepting, naming and dedicating easement for street purposes on "D" Street between Second Avenue and Minot Avenue b) Resolution Approving settlement agreement and release of claims in regard to deferral agreement on property at 172 "D" Street SUBMITTED BY: Director of Public Works/City Engineer / REVIEWED BY: City Manager � 1./ (4/5ths Vote: Yes No X ) RECOMMENDATION: That City Council : 1 . Accept, name and dedicate easement for street purposes adjacent to 172 "D" Street and direct the City Clerk to have it recorded at the County Recorder's office. 2. Approve settlement agreement and release claims (lien) for property located at 172 "D" Street. Authorize the Mayor to execute said agreement and direct the City Clerk to have it recorded. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The City, by Resolution 6554 adopted August 8, 1972 (copy attached), authorized the deferral of the installation of certain public improvements on the property owned by Daniel H. and Linda C. Josephson located at 172 "D" Street in the City of Chula Vista. On April 10, 1985, the Planning Commission authorized the Chairman to give written notice to Daniel H. & Linda C. Josephson to install their deferred public improvements. Subsequently, a letter was sent from the Chairman to the Josephson's calling up the deferral . When the deferral was called up, there arose a differance of opinions between the Josephson's and the City on the amount they would pay. The City contended that the Josephson' s were liable and responsible for the total cost of said improvements. The Josephson' s contended that the cost of said improvements were limited to the sum as stipulated in the lien agreement, $1 ,900. Josephson further contended that the City had never acquired easement rights to take Josephson's property for the purposes of making and installing the improvements. The settlement agreement accomplishes the following: Page 2, Item 9 Meeting Date 5/27/86 1 . The Josephson's agree to execute an easement to the City for street purposes adjacent to their property at 172 "D" Street. 2. The Josephson's agree to pay the City the sum of $5,000, which constitutes their complete obligations in regard to the deferral agreement approved by the City per Resolution 6554. Staff has reviewed this proposed settlement and believes it to be quite equitable. The Josephson's have already provided the City with a check for $5,000 and these funds have been deposited in the appropriate Gas Tax Fund account for reimbursement for the cost of constructing their improvements. FISCAL IMPACT: None File No. AX078 WPC 2077E I of Chula big., Ciitt�i� , Dated M' June 2, 1986 Thomas J. Borchard, Esq. Geiler & Martin 1401 Dove Street, Suite 200 Mewport Beach, CA 92660 RE: Resolution 6554 Dear Mr . Borchard : Enclosed is the signed Settlement and Release Agreement as requested . As soon as I receive the conformed copy of same I will send the documents you referred to for recordation . Upon receiving them back from the County Recorder 's Office (usually one month ' s time) , I will send you a certified copy of the resolution (new #12496 ) and all recorded documents in the packet . Sincerely, Alice Kemp City Clerk ' s Office /ak Enclosure )1 ,1 \ � � , 1 I i l `�, I! DRNEYS AT LAW ROFESSIONAL CORPORATION JNIS L.GEILER•ATTORNEY VALD B.MARTIN•ATTORNEY WAS J.BORCHARD•ATTORNEY May 9, 1986 Thomas Harron City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 RE: Resolution 6554 Dear Mr . Harron: Enclosed you will find the following documents regarding the above-referenced Resolution: 1 . Check No. 801 payable in the sum of $5,000; 2 . Executed Easement Agreement dated April 26, 1986; 3 . Settlement and Release of Claims Please execute and return the Settlement and Release Agreement. I will forward you a conformed copy after Mr . and Mrs . Josephson have executed same. Also, please forward me a conformed copy of the Easement Agreement after it is recorded along with the recorded Release of Lien. Your prompt attention to this matterfwill be appreciated. 1 3,o.u. 1� Thp : s . Borchard f. GEILER & MARTIN TJB:ljh Encls . cc: Daniel Josephson )OVE STREET,SUITE 200 •NEWPORT BEACH,CA 92.660 TELEPHONE'714/833-3776 )RNEYS AT LAW RCFESSIONAL CORPORATION JNIS L.GEILER•ATTORNEY VALD B.MARTIN •ATTORNEY July 8 , 1986 WAS J.BORCHARD•ATTORNEY Alice Kemp City of Chula Vista Office of the Clerk 226 Fourth Avenue Chula Vista, California 92010 Re: Resolution 6554 Dear Ms. Kemp: Enclosed for your review is an executed copy of the Settlement Agreement on the above-referenced matter . I have also enclosed the executed Grant of Easement . Please forward to me conformed copies of the recorded ease- ment and the recorded release of lien once you have obtained a copy of the same. Your prompt attention to this mater will be appointed. r ( Your sr , T ' mas J. Borchard Geiler & Martin TJB:kr encls. )CNE S I REET.SUITE 200 •NEWPORT BEACH,CA`2266,5 'E'' L `1C* 7'14'833 .C?%e, / . %