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HomeMy WebLinkAboutReso 1990-15944 RESOLUTION NO. 15944 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A QUIT CLAIM DEED TO CORRECT PROPERTY BOUNDARY DISCREPANCY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at the May 15, 1990 Council meeting, Mr. Kryjewski of 1647 Connelly Circle appeared before Council during oral communications and requested assistance regarding excessive noise, alcohol use and loud music at the mini-park at Connelly Circle and Connelly Avenue; and WHEREAS, Mini-Park #1 is located at a higher pad elevation north of the Kryjewski's residence and younger adolescents use the park for ballplaying and frequently go into the Kryjewki's yard below the parksite to retrieve balls and in the process, the children have damaged the Kryjewski's fence, landscaping and roof of their house; and WHEREAS, the Parks and Recreation Department has responded by posting park signs to discourage late revelers and the question of responsibility for repairing the damaged fence was raised by the Kryjewski's; and WHEREAS, the Department has maintained that it is the homeowner's responsibility, since the fence was constructed by the developer and serves as the boundary line between the park and the residences; and WHEREAS, in order to resolve the ownership of the fence, staff requested a survey of the park to determine the exact property lines which survey reveal ed that the park's property line was actually eight feet down the slope behind the fence and in the Kryjewski's back yard; and WHEREAS, consequen~y, the Kryjewski's have cl aimed that the fence was solely on park property, and therefore the City's responsibility to repair; and WHEREAS, the property line problem can be remedied by issuing a quitclaim deed to the Kryjewski's in that the practice of adjusting property lines is commonly used to correct a grading deviation in new developments and even though this grading error was made 20 years ago, staff recommends this course of action to identify the de facto property lines of the park and the adjacent property; and WHEREAS, the Park and Recreation Commission at its October 18, 1990 meeting, endorsed alternative #2 to improve park with the minor Improvements project and recommending a quit claim deed to correct park boundary discrepancy. Resolution No. 15944 Page 2 - NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a minor capital improvement project to include tree planting, fence repairs, parking lot modification and security light for the park. BE IT FURTHER RESOLVED that staff is hereby directed to prepare the necessary quit claim deed document to correct the park boundary discrepancy. Presented by Appr as t~form Jess Valenzuel~) ogaar Director of Parks & Recreation City Attorney Resolution No. 15944 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of November, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss~ CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15944 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 13th day of November, 1990. Executed this 13th day of November, 1990.