Loading...
HomeMy WebLinkAboutAgenda Statement 1987/10/20 Item 5• COUNCIL AGENDA STATEMENT Item 5 Meeting Date 10/20/87 ITEM TITLE: Resolution i~a 9/ Granting easements to owners of property at the northeast corner of Hilltop Drive and Main Street for retaining wall SUBMITTED BY: Director of Public Works/C.ity Engineer REVIEWED BY: City Manager ;,, 7 '~.~ ~ (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 (also known as "Hilltop-Main"), 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" (Palm Road). In lieu of rebuilding 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. • At its meeting on September 22, 1987, Council accepted a report (attached) on this matter. The recommendation in the report was that Council accept an offer of $6.00 per square foot for the easements and return with a resolution granting the easements. RECOMMENDATION: That Council approve the subject resolution and authorize the Mayor to sign the grant of easement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Hilltop-Main, formerly Westana Builders, owners of the property at the northeast 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 U 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 encroachments were 6 inches wide by 35 feet long and 24 inches wide by 52 feet long (see Exhibit "A"). ~ • Page 2, Item 5 • Meeting Date-T07~07$7 The 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 since all rights of the Montgomery Sanitation District reverted to the City of Chula Vista. The private streets have never been dedicated and named as public right-of-way, although they 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 contained in the permit. Their of the wall, which would be vE City. The prospective buyer h market value of the land. TF County Assessor's office has ar The total square footage of the permit because of the revocability clause only other alternative (besides the relocation ry costly) is to obtain an easement from the ~s offered to purchase easements at the fair eir estimate is $6.00 per square foot. The assessed valuation of $4.22 per square foot. requested easements is 121.5. The legal description of the easements have been checked and are acceptable. •The grant form is complete and ready for execution by the Mayor. The owner is submitting the required amount of $729.00. Transparencies are available for Council viewing. FISCAL IMPACT: Income to City of $729.00. JWH:nr/PF-054 WPC 3256E • S- iii : .;i'~~ (;~.z«c~l Of C;~tula 'Vi~~ta, CuEifor~~ia Dated t~l^-7~- :'' ~i ~._ COUNCIL AGENDA STATEMENT • Item /'l Meeting Date 10/20/87 ITEM TITLE: Resolution ~j 2!I Granting easements to owners of property at the northeast corner of Hilltop .Drive and Main Street for retaining wall 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 (also known as "Hilltop-Main"), 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 rebuilding 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. • At its meeting on September 22, 1987, Council accepted a report on this matter. The recommendation in the report was that Council accept an offer of $6.00 per square foot for the easements and return with a resolution granting the easements. RECOMMENDATION: That Council approve the subject resolution and authorize the Mayor to sign the grant of easement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Hilltop-Main, formerly Westana Builders, owners of the property at the northeast 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"). • ~ '~ l ~ `~~> f Page 2, Item Meeting Date-1~U7~I$7 • 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 have never been dedicated and named as public right-of-way, although they 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. The legal description of the easements have been checked and are acceptable. The grant form is complete and ready for execution by the Mayor. The owner is submitting the required amount of $729.00. • Transparencies are available for Council viewing. FISCAL IMPACT: Income to City of $729.00. Recoitmend that it go into the Montgomery street maintenance fund. JWH:nr/PF-054 WPC 3256E •