HomeMy WebLinkAboutAgenda Statement 1987/08/04 Item 9• COUNCIL AGENDA STATEMENT
Item 9
> Meeting Date 8/4/87
ITEM TITLE: Resolution ~~~/ - Authorizing the Mayor to Execute a
Quitclaim Deed from the City of Chula Vista to Baker
Enterprises for a Portion of Former Industrial Boulevard Near
"L" Street
SUBMITTED BY: City Attorney ~~~
(4/5ths Vote: Yes No X )
This resolution would resolve a long standing property ownership dispute
between Baker Enterprises and the City of Chula Vista. The City would
quitclaim any interest it has in the underlying fee to Baker Enterprises in
return for 60,000.
RECOMMENDATION: Adopt the Resolution
BOARDS/COMMISSIONS RECOMMENDATION: A subcommittee of Council composed of
Councilmen Malcolm and Nader recommend the proposed settlement.
•ISCUSSION:
Periodically over the last ten years, the City has been involved in
discussions with Baker Enterprises with regard to the ownership of a portion
of former Industrial Boulevard located between Interstate 5 and "L" Street.
In late 1982, the City vacated all that portion of Industrial Boulevard which
was not needed for the Park and Ride facility. It was generally conceded by
the parties that the 19 feet on the westerly boundary of former Industrial
Boulevard was owned by Baker Enterprises. Ownership of the remaining
underlying fee was disputed.
The City based its claim to ownership in the remainder of the property on a
Relinquishment Deed it received from the State of California. More recent
information acquired by Baker Enterprises as a result of a thorough title
search calls the City's claim into question.
Despite this title search, the ownership of the property is still murky enough
so that the Bakers have been unable to get a title insurance company to
guarantee title. For that reason, Baker Enterprises entered into negotiations
with the City in an attempt to avoid future litigation to quiet title. The
Bakers originally offered to staff to pay 57,367.50 for a quitclaim deed from
the City.
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Agenda Item No. 9
Meeting Date: 8/4/87
Page Two
As a result of the efforts of the Council's subcommittee, Baker Enterprises
has increased its offer to 60,000.
Based on these facts and a review of the law, I recommend that we accept the
offer of 60,000 and quitclaim our interest in the property to Baker
Enterprises.
FISCAL IMPACT: N/A
3146a
=~>~~~
the City Council of
Chula Vi ta, California
Date~1
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