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HomeMy WebLinkAboutAgenda Statement 1990/09/18 Item 7 COUNCIL AGENDA STATEMENT �f Item 1 Meeting Date 9/18/90 ITEM TITLE: Resolution /6750 Accepting a gift of property from James Shinohara and Judi Shinohara and authorizing the preparation of a Gift Deed SUBMITTED BY: City Attorney REVIEWED BY: City Manager (4/5ths Vote: Yes No X ) On September 11, 1990, the Redevelopment Agency entered into a MOU agreement for purchase of property located at 4705 Otay Valley Road from James and Judi Shinohara. That purchase is of net usable land, estimated as approximately 20 acres. The balance of the parcel (approximately 11 acres) , considered to be unusable for development, is offered to the City as a gift by the Shinoharas. RECOMMENDATION: That the City Council adopt the resolution accepting a gift of property from James Shinohara and Judi Shinohara without right of revocation, authorizing the Mayor to execute a letter to James Shinohara and Judi Shinohara accepting gift, and directing staff to prepare a Gift Deed for the property as soon as legal description is determined. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The subject gift property has been offered to the City in the attached letter (Exhibit A) from the Shinoharas, dated September 11 , 1990. Its value has been estimated at $ .80/sq. ft . , or approximately $383,000, if the non-usable property turns out to be 11 acres. Exhibit B is a letter of acceptance to be signed by the Mayor. At the point at which it can be determined how much of the parcel is non-usable, a Gift Deed will be prepared by staff and brought forward to the Council . FISCAL IMPACT: The recommended action entails no cost to the City. WPC 4568H OFFICE OF THE MAYOR CITY OF GREGORY R, COX CHULA VISTA September 10, 1990 Mr. and Mrs. James Shinohara 4705 Otay Valley Road Chula Vista, California Re: Donation of Land to City Dear Mr. and Mrs. Shinohara, It is with the deepest thanks from the City Council and from our Citizens that I accept, on behalf of the Council and the City, your generous charitable contribution of land to the City' s General Fund. Please be advised that we believe the mitigation value of the land which you have donated is $. 80 per square foot, as this is what we would have paid for your acreage had it been necessary to acquire same to mitigate the environmental impacts of our road widening efforts in that area. The City will prepare the necessary Gift Deed and submit it to you for execution as soon as the exact acreage is known. Your generosity and cooperation is sincerely appreciated. Very truly yours, Gregory R. Cox, Mayor Z13 FOURTH AVENUE CHULA VISTA CALIFORNIA 9[01^ :619) 691-7044 Revised 9/12/90 RESOLUTION NO. /5g50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GIFT OF PROPERTY FROM JIMMIE SHINOHARA AND JUDI SHINOHARA AND AUTHORIZING THE PREPARATION OF A GIFT DEED The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Jimmie and Judi Shinohara have generously agreed to donate to the City of Chula Vista that portion of their property at 4705 Otay Valley Road which is, or will be, considered "unuseable" land ( "Non-Net Useable Land Area, as defined in the MOU Agreement for Purchase of Shinohara Property located at 4705 Otay Valley dated September 10 , 1990 ) ; and WHEREAS, staff estimates the mitigation value of the land which has been donated to the City to be $.80/square foot; and WHEREAS, the City Council deeply appreciates the charitable contribution of land made by the Shinohara' s to the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a gift of property to the City of Chula Vista from Jimmie and Judi Shinohara without right of revocation more particularly described in Exhibit "A" , attached hereto. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the attached letter to Mr . and Mrs. James Shinohara on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that staff is hereby instructed to prepare a Gift Deed for execution by Jimmie and Judi Shinohara as soon as they determine the legal description of the Non-Net Useable Land Area. Prese e-. and Al . oved as o form by NW truce M. Boogaari , City Attorney 8006a Exhibit A The Land referred to herein is situated in the State of California, County of San Diego, and is described as follows: All of Lot 2 of the southwest quarter of the northwest quarter of Section 19, Township 18 south, Range 1 west, San Bernardino Base and Meridian, according to United States Government Survey approved September 11, 1879. Excepting therefrom, the east 175 feet and the west 650 feet of the south 660 feet of the east 825 feet. ORMINAL September 11, 1990 City of Chula Vista 276th Fourth Avenue Chula Vista, California Attention: Greg Cox, its Mayor Dear Mayor Cox, We the undersigned are the owners of the property which is located in the vicinity of southeast quadrant of the Otay Valley Road and Interstate 805, commonly known as 4705 Otay Valley Road, consisting of approximately 31 acres of land. It is legally described as set forth in the attached Exhibit A. We have executed an agreement ("MOU") with the Redevelopment Agency of the City of Chula Vista ("Agency") by which we have sold the Net Useable Land Area of the Property to the Agency. Both the Agency and the undersigned are, at this time, uncertain as to how much of the Property is and is not "useable" . This will be made more certain as time and development proceeds on the parcel. At this time, we believe that 20 acres will be useable, and have so warranted in the MOU. We understand that there is some value in the "unuseable" portion of the land for the City. For example, the City has paid my neighbor approximately $20, 000 per acre for "unuseable" land as a mitigation measure to keep an equal amount of land available as open space in exchange for widening the Otay Valley Road. We have always cherished the good that our city government has done not just for our family, but for all of the families of our City. Therefore, we do hereby donate, without right of revocation, by this letter, that portion of the property which is, or will be, considered to be "unuseable" land ("Non-Net Useable Land Area, as defined in the MOU) , to the City of Chula Vista, for the general use and purposes of the City, and for its general benefit, without limitation. The actual size and legal description of this land will be made more certain as development proceeds on the useable portion, and at that time, pr at such sooner time as the City requests, my September 10, 1990 City of Chula Vista Attention: Greg Cox, its Mayor Re: Donation of Unuseable Portion of 4705 Otay Valley Road Page 2 wife and I will execute whatever documents are necessary to implement this gift, including execution of a Gift Deed upon presentation of same by City, in order to change the record title thereto. �D J mes Shinohara ‘Zir ,( �l .e�-yL -tom'/ udi Shinohara