HomeMy WebLinkAboutAgenda Statement 1977/02/08 Item 11CITY OF CHULA VISTA
COUNCIL AGENDA STATEMENT
ITEM NO
11
FOR MEETING OF: 2/8/77
ITEM TITLE: Resolution 8504: Granting Easement to PQr. & Mrs. Michael E. Mangel
Across One Foot Control Lot B, Rancho Rios Unit No. 8 Subdivision
SUBMITTED BY~ Director of Public Works/City Engineer
ITEM EXPLANATION
Mr. and Mrs. Michael E. Mangel own a 10 acre parcel of land which lies
within the City of San Diego and is zoned Al-10. This parcel of land,
designated as Tax Assessor Parcels 624-070-9 and 10, abuts the City of
San Diego/City of Chula Vista boundary which also is the southerly boundary
of Rancho Rios Unit No. 8 Subdivision.
A dedicated street 59.53 feet in width, Rancho Drive, was stubbed out to
the southerly boundary of the subdivision. A portion of Rancho Drive abuts
the Mangel property. The developer of Rancho Rios Unit No. 8 Subdivision,
Rancho Rios Developers, granted a one foot control lot "B" to the City of
Chula Vista which was accepted by the City Council on March 5, 1974 by
resolution 7216. The purpose of the one foot control lot is to guarantee
future extension of the street and to control adjacent development.
At the time the Mangels purchased the property they were granted a 20 foot
wide nonexclusive easement for road purposes from their property to Otay
Valley Road. The Engineering staff was not aware of this 20 foot easement
at the time they were processing the final map for Rancho Rios Unit No. 8.
The Preliminary Title Report, preliminary subdivision report, subdivision
guarantee and several revised preliminary title reports prepared by Safeco
Title Insurance Company did not show the nonexclusive easement across the
property now known as Rancho Rios Unit No. 8 Subdivision.
Continued on Page 2
EXHIBITS ATTACHED
Agreement Resolution x Ordinance Plat x Other X
Environmental Document; Attached Submitted on
STAFF RECOMMENDATION:
1) City Council approve granting of easement for access across one foot
control lot "B" to Mr. and tZrs. Mangel. No conditions to be attached
to the granting of this easement.
2) City Council authorize the P~Iayor to execute the document conveying
said easement on behalf of the City.
BOARD/ COMMISSION RECOMMENDATION:
A P P R O V E D
by the
City Council
COUNCIL ACTION Of
..hula Vista, California
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Form A-113 (Rev. 5-75)
Item No. 11
• Supplemental gage 2
Subsequent to the recordation of the final map for Rancho Rios Unit #8,
the Mangels submitted a letter to the City on February 3, 1976 requesting
that the City dedicate the one foot control lot "B" so that they could
obtain approval of a parcel map and issuance of a building permit from
the City of San Diego to construct a single family dwelling on their
property.
Through staff's investigation of the matter it appears that the Mangels
purchased property that was an illegal lot split. Before the City of
San Diego will approve a parcel map making the property a legal lot and
issuance of a building permit, they are requiring that the Mangels have
legal access to a publicly dedicated street. The City ownership of the
one foot control lot "B" denies the Mangels this legal access. The grant-
ing of an easement by the City of Chula Vista across the one foot control
lot will give the Mangels the access as required by the City of San Diego.
On November 1, 1976, the City received a letter from the attorney repre-
senting Rancho Rios Developers also requesting that the City dedicate
one foot control lot "B" since Rancho Rios Developers is involved in a
legal dispute with Mr. and Mrs. Mangel concerning access to their property.
The City staff is concerned that the interest of the residents living
within Rancho Rios Subdivision be protected. We have concern that the
City of San Diego might approve development on the Mangels property
which impacts in a negative way those residents. We do recognize, however,
the following items: the property is presently zoned Al-10 in San Diego,
which means that a zone change would be necessary in order to put in a
compatible use. Furthermore, a general plan amendment will probably be nec-
essary and also we would receive notification through the environmental pro-
~ess; and as you know, the changes in the environmental laws make it more dif-
ficult for projects to be developed which cause adverse environmental effects.
Therefore, we believe that a project which would substantially and adversely
affect the Rancho Rios residents is unlikely.
Furthermore, we recognize that the Mangels had a valid easement prior to
the development of Rancho Rios Subdivision. Essentially what this resolu-
tion does is to clarify the Mangels' rights to an easement to a dedicated
street for them and for the City of San Diego. Mr. and Mrs. Mangel will
have then the same easement rights to a dedicated street at this time
that they had previously.
The City Manager, the City Attorney, the Planning Director and I have
recently met with the attornies representing the Mangels and the Rancho
Rios Developers and concur that the granting of an easement to the Mangels
over the one foot control lot by the City will protect the interest of
the residents living in the subdivision and provide a means for the Mangels
to construct a single family residence on their property at this time.
It has been indicated to the staff that at this time that is the Mangels'
primary objective.
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