HomeMy WebLinkAboutAgenda Statement 1980/02/05 Item 18COUNCIL AGENDA STATEMENT
Item 18
Meeting Date 2-5-80
ITEM TITLE: Resolution ~yS~Authorizing the Mayor to execute Grant Deeds
for slope rights on Crest Drive
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SUBMIT~ED BY: City Attorney (4/5ths Vote: Yes No X )
The ity Attorney, several months ago, informed the City Council that
the ffer of $7,700 for the westerly slope rights of Crest Drive had
been accepted by Canyon Plaza Limited, but that the City's offer of
$16, 00 had been rejected by Huffman Construction Company for the
east'rly Crest Drive slope rights. Huffman Construction Company has
now ccepted the City's offer and checks have been received from both
Cany n Plaza Limited and Huffman Construction Company in the amounts
of $ ,700 and $16,000 respectively. Therefore, it is my
RECOMMENDATION:
That the City Council authorize the Mayor to execute
the Corporation Grant Deeds for slope rights on
Crest Drive.
/COMMISSION RECOMMENDATION: Not Applicable
DI SC~JSS I ON
As the City Council will recall, the City in 1968, after a losing
bathe with Princess Park Estates in conjunction with the off-site
acquisition of Crest Drive serving the Halecrest Subdivision which
origlinally was fully improved by Princess Park Estates, acquired by
condemnation,the underlying right of way. The total cost of the
Cres~,t Drive right of way including attorneys' fees was the sum of
$48,',000. As a part of the acquisition of the right of way, frankly
unbebcnownst to all of the parties involved as well as adjacent
property owners, the City was granted the slope rights to the west
andieast side of Crest Drive. In the course of development of the
Canyon Plaza shopping center and in the future the development of
theHuffman apartments on the west side of Crest Drive, those slope
rig is are necessarily incorporated within the site plan and develop-
men~ of the properties.
The~ICity Attorney requested that Mr. Dewey Hughes in the Engineering
office do an in-house appraisal which was undertaken relying upon
the 'original square footage prices paid for said slope rights in
196 and recent acquisitions within the immediate area. The con-
clu~ion that Mr. Hughes offered this office was that the slope rights
on the westerly portion should be valued at a total of $7,700 and on
the !easterly side of Creast Drive at a value of $16,000. This matter
wasbrought to the City Council approximately two months ago with
the counteroffer of Huffman Construction Company of $12,000 which
the Council rejected. Council did approve the $7,700 from Canyon
Plaza Limited. Huffman Construction Company has now agreed to the
l $16,000 figure primarily because the title company which erred in
h failing to inform Mr. Huffman of the ownership by the City of the
slope rights which he assumed he had acquired from the Dreyfuss
Continued
Form A-113 (Rev. 11/79)
Page 2, Item 18
Meeting Date 2-5-80
owne ship has, in fact, now paid $16,000 to Mr. Huffman. The total
amou t of $23,700 will be returned to the Gas Tax Fund. It should
be n ted that in conjunction with a recent settlement of all out-
stan ing litigation with Princess Park Estates by the City Council
in 1 78, the City has now recouped $46,000 of the total of $48,000
paidjon the acquisition of Crest Drive.
FISCAL IMPACT: The sum of $23,700 will be returned to Gas Tax
funds and available for use on the Telegraph
Canyon Road Project.
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by the City C~~dincil of
Chula Vista, C:~iifornia
Dated ~ - ._~~ I
GDL:Ik L