HomeMy WebLinkAboutAgenda Statement 1987/09/22 Item 15
COUNCIL AGENDA STATEMENT
• Item /
Meeting Date 9/22/87
ITEM TITLE: Report on the proposed grant of an easement to owners of
property on the northeast corner of Hilltop Drive and Main
Street for retaining wall
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SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
The property at 3800-3804 Main Street was developed in 1980 into a commercial
site. As part of this development, a retaining wall was constructed along the
easterly property line. This property line abuts Lot "B" (Palm Road) of
Woodlawn Park subdivision (see Exhibit "B").
Westana Builders, owner of the property, is in the process of selling the
land. A survey of the lot boundary has shown that portions of the retaining
wall encroach into Lot "B". In lieu of re-building the wall, the prospective
buyers, Lincoln Properties of Santa Ana, have offered to purchase easements
for those portions of the wall that are outside its boundaries.
RECOMMENDATION: That the Council accept the offer of $6.00 per square foot
• for the easement and direct staff to prepare an appropriate document for
execution by the Mayor.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Westana Builders, owners of the property at the northwest corner of Hilltop
Drive and Main Street (APN 623-230-17), constructed three commercial buildings
on its 6.5 acre parcel. Because of the topography, a retaining wall was
necessary along the easterly property line. This wall ranges from 0 to 4-1/2
feet in height.
Recently, Westana decided to sell the parcel to Lincoln Properties, a Santa
Ana based company. As part of the acquisition of the property, a boundary
survey was done by Lincoln Properties' engineers. The survey revealed that
the retaining wall was located outside the boundary in two places. The
maximum encroachment is approximately 24 inches (see Exhibit "A").
The adjacent land belongs to the City of Chula Vista, acquired through
annexation of the Montgomery area. The City land was shown on the Woodlawn
Park Subdivision Map as Lot "B", a 25-foot-wide private street, now known as
Palm Road. The Montgomery Sanitation District acquired the private streets
within Woodlawn Park when public sewer mains were installed. Since the
Montgomery Annexation, the City has maintained ownership.
• The private streets hav
right-of-way, although they
Page 2, Item ~~
Meeting Date-~37~~
e never been dedicated and named as public
are used as access for residents in the area.
The lending agency for Lincoln Properties will not approve a loan to purchase
the parcel until either the wall is relocated or a permanent easement is
granted by the City to let the wall remain. The lenders will not accept the
issuance of an encroachment permit because of the revocability clause
contained in the permit. Their only other alternative (besides the relocation
of the wall, which would be very costly) is to obtain an easement from the
City. The prospective buyer has offered to purchase easements at the fair
market value of the land. Their estimate is $6.00 per square foot. The
County Assessor's office has an assessed valuation of $4.22 per square foot.
The total square footage of the requested easements is 121.5.
Westana Builders aligned the wall to provide for the existing pavement for
Palm Road. The road encroaches into Westana'_s property approximately three
feet as shown on Exhibit "A". It has been4 known for some time that the
traveled ways in Woodlawn Park do not align with the rights-of-way as shown on
the original map and corrections need to be made throughout the area. The CIP
contains a project to do a survey of this area using Community Block Grant
Funds.
Inasmuch as the street rights-of-way within the subdivision need to be
realigned, the granting of these easements should not be a problem in the
• future. In fact, it may be beneficial to the City to consider a land-swap:
the two easements in exchange for right-of-way for the portion of the paved
road within Westana's property (approximately 350 square feet).
If the Council accepts this report with its recommendation, staff will return
with a resolution granting the subject easements with the appropriate
documents.
There are slides and transparencies available for Council viewing.
FISCAL IMPACT: If Council accepts the offer of $6.00 per square foot, it
will mean a $729.00 payment to the City.
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